Gabriola Island Land Use Bylaw No. 177

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Gabriola Island Land Use Bylaw

Bylaw No. 177, 1999 As amended by the Gabriola Island Local Trust Committee

Consolidated Version: January 31, 2023 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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CONSOLIDATED BYLAW TEXT AMENDMENTS

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

Bylaw Number Amendment Number Adoption Date

Bylaw No. 180 Amendment No. 1, 2000 June 30, 2000 Bylaw No. 185 Amendment No. 2, 2000 October 19, 2000 Bylaw No. 186 Amendment No. 3, 2000 October 19, 2000 Bylaw No. 187 Amendment No. 4, 2000 October 19, 2000 Bylaw No. 190 Amendment No. 6, 2000 January 11, 2001 Bylaw No. 193 Amendment No. 1, 2001 June 27, 2001 Bylaw No. 195 Amendment No. 3, 2001 June 27, 2001 Bylaw No. 196 Amendment No. 4, 2001 February 21, 2002 Bylaw No. 199 Amendment No. 5, 2002 September 26, 2002 Bylaw No. 200 Amendment No. 1, 2002 September 5, 2002 Bylaw No. 210 Amendment No. 1, 2003 August 5, 2003 Bylaw No. 213 Amendment No. 4, 2003 August 7, 2003 Bylaw No. 212 Amendment No. 3, 2003 May 6, 2004 Bylaw No. 215 Amendment No. 5, 2003 December 11, 2003 Bylaw No. 218 Amendment No. 7, 2003 May 6, 2003 Bylaw No. 220 Amendment No. 8, 2003 May 6, 2003 Bylaw No. 222 Amendment No. 9, 2003 May 6, 2003 Bylaw No. 236 Amendment No. 2, 2005 September 9, 2005 Bylaw No. 233 Amendment No. 2, 2004 December 14, 2005 Bylaw No. 238 Amendment No. 3, 2005 March 16, 2006 Bylaw No. 226 Amendment No. 1, 2004 October 18, 2007 Bylaw No. 250 Amendment No. 1, 2008 October 23, 2008 Bylaw No. 259 Amendment No. 1, 2010 January 27, 2011 Bylaw No. 261 Amendment No. 2, 2010 July 28, 2011 Bylaw No. 266 Amendment No. 1, 2012 May 7, 2015 Bylaw No. 272 Amendment No. 1, 2013 May 7, 2015 Bylaw No. 273 Amendment No. 2, 2013 May 7, 2015 Bylaw No. 275 Amendment No. 1, 2014 May 7, 2015 Bylaw No. 279 Amendment No. 2, 2012 October 13, 2016 Bylaw No. 280 Amendment No. 1, 2015 September 8, 2016 Bylaw No. 290 Amendment No. 1, 2016 September 27, 2018 Bylaw No. 291 Amendment No. 2, 2016 May 11, 2017 Bylaw No. 293 Amendment No. 1, 2017 June 14, 2018 Bylaw No. 303 Amendment No. 1, 2019 October 21, 2021 Bylaw No. 307 Amendment No. 1, 2020 October 26, 2022 Bylaw No. 309 Amendment No. 1, 2021 June 25, 2021 Bylaw No. 310 Amendment No. 2, 2021 November 15, 2021

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Table of Contents

TABLE OF CONTENTS PART A - ADMINISTRATIVE PROVISIONS .............................................................................. 9 A.1 JURISDICTION ....................................................................................................................................................9 A.1.1 Application .....................................................................................................................................................9 A.2 INTERPRETATION ..............................................................................................................................................9 A.2.1 Referencing System ......................................................................................................................................9 A.2.2 Definitions ......................................................................................................................................................9 A.2.3 Units of Measure ...........................................................................................................................................9 A.2.4 Severability ....................................................................................................................................................9 A.2.5 Covenants ...................................................................................................................................................10 A.3 COMPLIANCE ...................................................................................................................................................10 A.3.1 Conformity ...................................................................................................................................................10 A.3.2 Inspection ....................................................................................................................................................10 A.3.3 Violation .......................................................................................................................................................10 A.3.4 Penalty ........................................................................................................................................................10 A.3.5 Enforcement of Siting Regulations ..............................................................................................................11

PART B – GENERAL REGULATIONS .....................................................................................11 B.1 USES, BUILDINGS AND STRUCTURES ............................................................................................................11 B.1.1 Permitted in Any Zone ..................................................................................................................................11 B.1.2 Prohibited Uses and Buildings ....................................................................................................................12 B.1.3 Use of Undersized Lots ............................................................................................................................... 13 B.1.4 Site-Specific Zones .....................................................................................................................................13 B.2 GENERAL SITING AND HEIGHT PROVISIONS ............................................................................................... 14 B.2.1 Special Setbacks and Elevations ..................................................................................................................14 B.2.2 Measurement of Setbacks or Spatial Separations for Buildings and Structures ..............................................14 B.2.3 Height ........................................................................................................................................................... 15 B.2.4 Fences .......................................................................................................................................................... 15 B.2.5 Pump/utility houses within Setback Areas .......................................................................................................15 B.2.6 Retaining Walls ...........................................................................................................................................15 B.2.7 Landscape Screen ......................................................................................................................................15 B.2.8 Conflicting Use or Siting .............................................................................................................................. 16 B.2.9 Conflicting Use or Siting .............................................................................................................................. 16 B.2.10 Bulk Transportation Containers .................................................................................................................16 B.3 HOME OCCUPATIONS ......................................................................................................................................17 B.3.1 Home Occupations ......................................................................................................................................17 B.3.2 Permitted Home Occupations Uses ............................................................................................................17 B.3.3 General Provisions ......................................................................................................................................18 B.3.4 Home Industry Provisions ........................................................................................................................... 19 B.3.5 Employees ...................................................................................................................................................19 B.3.6 Bed and Breakfast .......................................................................................................................................19 B.4 SIGNS ................................................................................................................................................................ 20 B.4.1 . Number and Total Sign Area .....................................................................................................................20 B.4.2 Exempted Signs ..........................................................................................................................................21 B.4.3 Temporary signs ..........................................................................................................................................22 B.4.4 Home Occupation signs .............................................................................................................................. 22 B.4.5 Obsolete Signs & Derelict Signs .................................................................................................................22 B.4.6 Multi-Party Signs .........................................................................................................................................23 B.4.7 Third Party Signs .........................................................................................................................................23 B.4.8 Illuminated Signs .........................................................................................................................................23 B.5 PARKING ........................................................................................................................................................... 23 B.5.1 Minimum Number of Parking Spaces for Automobiles and Bicycles .............................................................. 23 B.5.2 Interpretation of Parking Requirements .......................................................................................................25 B.5.3 Dimensions and Area of Parking Spaces and Aisles .....................................................................................25 B.5.4 Location of Parking Spaces ........................................................................................................................... 26

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Table of Contents B.5.5 Standards for Bicycle Parking Spaces ........................................................................................................26 B.6 MISCELLANEOUS ............................................................................................................................................27 B.6.1 Boarders .......................................................................................................................................................27 B.6.2 Limited Public Markets ...................................................................................................................................27 B.6.3 Commercial Vacation Rentals .........................................................................................................................27 B.6.4 Use of Travel Trailers, Recreational Vehicles and Accessory Buildings .....................................................27 B.6.5 Storage of Unlicensed Vehicles ..................................................................................................................28 B.6.6 Secondary Suite Regulations ......................................................................................................................28

PART C - ESTABLISHMENT OF ZONES .................................................................................29 C.1 DIVISION INTO ZONES......................................................................................................................................29 C.1.1 Land Based Zones ......................................................................................................................................29 C.1.2 Water Based Zones ......................................................................................................................................29 C.2 OFFICIAL ZONING MAP ...................................................................................................................................30 C.3 INTERPRETATION OF ZONE BOUNDARIES ...................................................................................................30

PART D - ZONES ......................................................................................................................31 D.1 RESIDENTIAL ZONES .......................................................................................................................................31 D.1.1 Small Rural Residential (SRR) ....................................................................................................................31 D.1.2 Large Rural Residential (LRR) ....................................................................................................................32 D.1.3 Seniors and Special Needs (SSN) ..............................................................................................................34 D.1.4 Multi-dwelling Affordable Housing 1 (MAH1) ............................................................................................... 35 D.2 RESOURCE ZONES ..........................................................................................................................................37 D.2.1 Agriculture (AG) ...........................................................................................................................................37 D.2.2 Forestry (F) ..................................................................................................................................................39 D.2.3 Forestry/Wilderness Recreation 1(FWR1) ..................................................................................................41 D.2.4 Resource (R) ...............................................................................................................................................42 D.2.5 Resource Conservation (RC) ......................................................................................................................43 D.2.6 Resource Residential 1 (RR 1)....................................................................................................................43 D.2.6 (A) Resource Residential 2 (RR 2) ..............................................................................................................45 D.2.7 Gravel Pit (GP) ............................................................................................................................................46 D.2.8 Gabriola Commons (GC) Comprehensive Development Zone ...................................................................47 D.3 COMMERCIAL AND INDUSTRIAL ZONES .......................................................................................................49 D.3.1 Village Commercial 1 (VC1) ........................................................................................................................49 D.3.2 Village Commercial 2 – Professional Centre (VC2) ....................................................................................50 D.3.3 District Commercial 1 (DC1)........................................................................................................................52 D.3.4 Local Commercial 1 – Neighbourhood Pubs (LC1) .....................................................................................53 D.3.5 Local Commercial 2 –Restaurants (LC2) ....................................................................................................54 D.3.6 Local Commercial 3 - Garden Centres (LC3) ................................................................................................ 55 D.3.7 Ferry Parking (FP) .......................................................................................................................................57 D.3.8 Tourist Commercial 1 (TC1) ........................................................................................................................58 D.3.9 Tourist Commercial 2 – Campground (TC2) .................................................................................................59 D.3.10 Industrial – Light (I) ...................................................................................................................................61 D.4 RECREATION AND INSTITUTIONAL ZONES ...................................................................................................63 D.4.1 Parks 1 – Provincial and Regional Park (P1) ................................................................................................ 63 D.4.2 Parks 2 – Passive Recreation Community Parks (P2) ................................................................................64 D.4.3 Parks 3 – Active Recreation Community Park (P3).....................................................................................65 D.4.4 Institutional 1 (IN1) ......................................................................................................................................65 D.4.5 Institutional 2 (IN2) ......................................................................................................................................67 D.4.6 Institutional 3 (IN3) ......................................................................................................................................68 D.4.7 Institutional 4 (IN4) ......................................................................................................................................70 D.4.8 Yacht Club Outstation - Upland (YC) .............................................................................................................71 D.5 WATER ZONES..................................................................................................................................................73 D.5.1 Water General (WG) ...................................................................................................................................73 D.5.2 Water Commercial 1 - Marina (WC1) ..........................................................................................................74 D.5.3 Water Commercial 2 - Mariculture (WC2) ...................................................................................................75 D.5.4 Water Commercial 3 - Marine Transportation (WC3) ..................................................................................75 D.5.5 Water Industrial 1 - Shipyard (WI1) .............................................................................................................76 D.5.6 Water Industrial 2 - Log Storage (WI2) .......................................................................................................77

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Table of Contents D.5.7 Water Industrial 3 – Bulk Material Transport (WI3) .....................................................................................77 D.5.8 Water Protection 1 (WP1) ........................................................................................................................... 78 D.5.9 Water Protection 2 - Park (WP2) .................................................................................................................79 D.5.10 Water Protection 3 - Lake (WP3) ..............................................................................................................80 D.5.11 Water Yacht Club Outstation (WYC) ............................................................................................................80

PART E - SUBDIVISION...........................................................................................................82 E.1 GENERAL .......................................................................................................................................................... 82 E.1.1 Compliance with Zoning and the Minimum and Average Lot Area .............................................................. 82 E.1.2 Average Lot Areas .......................................................................................................................................83 E.1.3 Covenant Against Further Subdivision and Development ...........................................................................83 E.1.4 Lots Divided By Zone Boundary ...................................................................................................................84 E.1.5 Exceptions ...................................................................................................................................................84 E.1.6 Lot Configuration Regulations .....................................................................................................................85 E.1.7 Disposal of Sewage .....................................................................................................................................85 E.1.8 Water Supply ...............................................................................................................................................86 E.1.9 Drainage Requirements............................................................................................................................... 86

PART F – DEVELOPMENT PERMIT AREA GUIDELINES ......................................................87 F.1 DP-1 THE TUNNEL ................................................................................................................................................87 F.1.1 Applicability..................................................................................................................................................87 F.1.2 Guidelines ....................................................................................................................................................87 F.2 DP-2 LOCK BAY AREA ..........................................................................................................................................88 F.2.1 Applicability..................................................................................................................................................88 F.2.2 Guidelines ....................................................................................................................................................88 F.3 DP-3 RIPARIAN AREAS ..........................................................................................................................................89 F.3.1 Definitions ....................................................................................................................................................89 F.3.2 Applicability..................................................................................................................................................89 F.3.3 Exemptions ..................................................................................................................................................90 F.3.4 Guidelines ....................................................................................................................................................91 F.4 DP-4 FLAT TOPS ISLANDS AREA ............................................................................................................................ 92 F.4.1 Applicability..................................................................................................................................................92 F.4.2 Guidelines ....................................................................................................................................................92 F.5 DP-5 GABRIOLA PASS AREA .................................................................................................................................92 F.5.1 Applicability..................................................................................................................................................92 F.5.2 Guidelines ....................................................................................................................................................93 F.6 DP-6 ESCARPMENT AREAS ....................................................................................................................................93 F.6.1 Applicability..................................................................................................................................................93 F.6.2 Exemptions ..................................................................................................................................................93 F.6.3 Guidelines ....................................................................................................................................................93 F.7 DP-7 THE VILLAGE CENTRE...................................................................................................................................94 F.7.1 Applicability..................................................................................................................................................94 F.7.2 Exemptions ..................................................................................................................................................94 F.7.3 Guidelines ....................................................................................................................................................94 F.8 DP-8 MULTI-DWELLING AFFORDABLE HOUSING .......................................................................................................95 F.8.1 Applicability..................................................................................................................................................95 F.8.2 Exemptions ..................................................................................................................................................95 F.8.3 Guidelines ....................................................................................................................................................95 F.9 DP-9 LIGHT INDUSTRIAL USE .................................................................................................................................96 F.9.1 Applicability..................................................................................................................................................96 F.9.2 Guidelines ....................................................................................................................................................96

PART G - DEFINITIONS .........................................................................................................100 G.1 DEFINITIONS ..................................................................................................................................................100

LIST OF TABLES Table 1: Sign Regulations ............................................................................................................................................20

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Table of Contents Table 2: Parking Requirements ...................................................................................................................................23

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures

GABRIOLA ISLAND LOCAL TRUST COMMITTEE

BYLAW NO. 177

************************************************************************************************************************************ A BYLAW TO ADOPT A LAND USE BYLAW FOR THE GABRIOLA ISLAND PORTION OF THE GABRIOLA ISLAND LOCAL TRUST AREA AND ALTER THE AREA OF APPLICATION FOR THE GABRIOLA ISLAND ZONING AND SUBDIVISION BYLAWS

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The Gabriola Island Local Trust Committee, being the Local Trust Committee having jurisdiction on and in respect of the Gabriola Island Local Trust Area pursuant to the Islands Trust Act, enacts as follows:

A. CITATION

Gabriola Island Local Trust Committee Bylaw No. 177 shall be cited as the “Gabriola Island Land Use Bylaw, 1999”.

B. APPLICATION WITHIN THE GABRIOLA ISLAND LOCAL TRUST AREA :

1) Gabriola Island Local Trust Committee Bylaw No. 177 Schedules “A” – Land Use Regulations, “B” – Zoning Map, and “C” – Specific Sites, attached to and forming part of Gabriola Island Local Trust Committee Bylaw No. 177, are adopted as the Land Use Bylaw for Gabriola, Lily, Carlos, Vance, Gaviola, Acorn, Tugboat, Sear, Bath, Saturnina, and Breakwater Islands and all other islands and islets, rocks, reefs, the seabed, and sea surface plus any other water surface area and all air spaces within that part of the Gabriola Island Local Trust Area, excepting Indian Reserve Areas, as shown lying within the line designated as the “Outer boundary of Bylaw 177” on Schedule B”. 2) Gabriola Island Trust Committee Bylaw No. 7 Gabriola Island Trust Committee Bylaw No. 7, cited as “Gabriola Island Planning Area Zoning Bylaw, 1980” is amended to alter its area of application by deleting the Subsection 3.1 A. heading and text and replacing them with the following:

“A Application within the Gabriola Island Local Trust Area

This Bylaw applies to that portion of the Gabriola Island Local Trust Area shown on Schedule “A”, excepting areas to which Gabriola Island Local Trust Committee Bylaw No. 177 (Gabriola Island Land Use Bylaw, 1999) applies and excepting areas within Indian Reserves. Without limiting the foregoing, this includes Mudge, Round, and Link Islands and the areas seaward of the shoreline encompassing them and all other islands, islets, rocks reefs, the seabed, and sea surface, plus any other water surface areas and all air spaces within the boundary shown in Schedule “A”.”

3) Gabriola Island Trust Committee Bylaw No. 8

Gabriola Island Trust Committee Bylaw No. 8, cited as “Gabriola Island Subdivision Control Bylaw, 1980” is amended to alter its area of application by deleting the Subsection 1.2 text and replacing it with the following:

“2.This Bylaw applies to that portion of the Gabriola Island Local Trust Area shown on Schedule “A” of Gabriola Planning Area Zoning Bylaw, 1980, excepting areas to which Gabriola Island Local Trust Committee Bylaw No. 177 (Gabriola Island Land Use Bylaw, 1999) applies and excepting areas within Indian Reserves. Without limiting the foregoing, this includes Mudge, Round, and Link Islands and the areas seaward of the shoreline encompassing them and all other islands, islets, rocks reefs, the seabed, and sea surface, plus any other water surface areas and all air spaces within the boundary shown in Schedule “A” of Gabriola Planning Area Zoning Bylaw, 1980.”

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures

C. READINGS

READ A FIRST TIME THIS 3rd DAY OF September 19 99

PUBLIC HEARING HELD THIS 16th DAY OF October 19 99

READ A SECOND TIME THIS 18th DAY OF October 19 99

READ A THIRD TIME THIS 18th DAY OF October 19 99

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS 20th DAY OF October 19 99

ADOPTED THIS 22nd DAY OF November 19 99

SECRETARY CHAIRPERSON

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures Part A - ADMINISTRATIVE PROVISIONS

A.1 JURISDICTION

A.1.1 Application A.1.1.1 This Bylaw applies to that portion of the Gabriola Island Local Trust Area shown on Schedule “B”, excepting areas within Indian Reserves. Without limiting the foregoing, this includes Gabriola Island and the areas seaward of its shoreline encompassing all other islands, islets rocks, reefs, the seabed, and sea surface, plus any other water surface areas and all air spaces within the boundary shown in Schedule “B”.

A.2 INTERPRETATION

A.2.1 Referencing System A.2.1.1 The referencing system used in this Bylaw is:

 A Part

 A.1 Section

 A.1.1 Subsection

 A.1.1.1 Article

 a Clause

 i Item

A.2.2 Definitions A.2.2.1 Words and phrases in Italics are defined in Part G of this Bylaw. Definitions of words set out in sections 5 and 872 of the “Municipal Act” and Section 29 of the “Interpretation Act” also apply to this Bylaw.

A.2.3 Units of Measure BL187 A.2.3.1 Metric measurements are used in this Bylaw. Imperial equivalents provided are approximate and for convenience only.

A.2.4 Severability A.2.4.1 If any provision of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Bylaw.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures

A.2.5 Covenants A.2.5.1 Where under this Bylaw an owner of land is required or authorised to grant any covenant or statutory right of way, the covenant or statutory right of way must be granted to the Gabriola Island Local Trust Committee in priority to all financial charges and delivered in registerable form satisfactory to the Gabriola Island Local Trust Committee prior to the granting of any approval or authorisation in respect of which the covenant or statutory right of way is required. The covenant must indemnify the Gabriola Island Local Trust Committee in respect of any fees or expenses it may incur as a result of a breach of the covenant by the covenantor.

A.3 COMPLIANCE

A.3.1 Conformity BL 279 A.3.1.1 No person may use or occupy or permit any land, water surface, building or structure to be used or occupied, or subdivide any land, except as permitted by this Bylaw.

A.3.1.2 No person may construct, reconstruct, place, alter, extend or maintain any building, structure or sign except as permitted by this Bylaw.

A.3.1.3 Nothing contained in this Bylaw relieves any person from the responsibility to comply with other legislation applicable to their use of land, buildings or structures.

A.3.1.4 Any existing lot that is less than the minimum lot area specified in the applicable zone for the creation of new lots by subdivision may be used for any use permitted in that zone unless otherwise specified in this Bylaw.

A.3.1.5 No lot or area may be subdivided, no building, structure or land may be used, and no building or structure may be sited in a manner which renders any existing use, building or structure illegal or non-conforming

BL 279 A.3.2 Inspection A.3.2.1 The Islands Trust Bylaw Enforcement Officer or any other person designated by the Islands Trust to administer this Bylaw is authorized to enter, at any reasonable time, upon any property that is subject to regulation under this Bylaw, for the purpose of inspecting and determining whether the regulations, prohibitions and requirements are being met.

A.3.2.2 Enforcement

A.3.3 Violation BL 279 A.3.3.1 Any person who does any act or thing or permits any act or thing to be done in contravention of the provisions of this Bylaw, or who neglects to do or refrains from doing any act or thing which is required to be done by any of the provisions of this Bylaw is deemed to have committed an offence under this Bylaw.

BL 279 A.3.4 Penalty A.3.4.1 Any person who commits an offence against this Bylaw is liable, upon summary conviction, to a fine and penalty as provided in the Offence Act and the costs of prosecution. Each day during which an offence against this Bylaw is continued is deemed to constitute a new and separate offence.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures BL 279 A.3.5 Enforcement of Siting Regulations A.3.5.1 Every applicant for a development permit or a development variance permit must provide a plan signed by a B.C. Land Surveyor showing the location on the lot of all existing and proposed buildings, structures and sewage absorption fields in relation to lot and zone boundaries, watercourses, wells and the sea, and in relation to other buildings on the lot, unless the Local Trust Committee determines that the provision of such a plan is not reasonably necessary to establish whether the proposed buildings, structures and sewage absorption fields comply with the siting requirements of this or any other Bylaw.

Part B – GENERAL REGULATIONS

B.1 USES, BUILDINGS AND STRUCTURES

B.1.1 Permitted in Any Zone B.1.1.1 Uses

a. The following uses are permitted in any zone in Part D of this Bylaw: i public parks; ii public utilities, except in public parks and ecological reserves; and iii ecological reserves.

BL 279 b. The following use is permitted in any zone in Part D of this Bylaw, except Section D.5 WATER ZONES and in public parks and ecological reserves: BL 199 i community care facility, as regulated by the “Community Care Facility Act”

BL 261 c. The following use is permitted in any zone in Part D of this Bylaw, except Section D.1.3 Seniors and Special Needs, D.2.7 Gravel Pit, D.3.7 Ferry Parking, D.3.10, Industrial, Section D.4.7 Institutional 4, and D.5 Water zones, i home school, on lots of 1.0 hectare (2.47 acres) or larger.

B.1.1.2 Buildings and Structures a. The following buildings and structures are permitted in any zone in Part D of this Bylaw: i signs subject to Section B.4. b. The following buildings and structures are permitted in any zone in Part D of this Bylaw, except in Section D.5 WATER ZONES: i fences subject to Subsection B.2.4; ii pump/utility houses, subject to Subsection B.2.5; iii retaining walls, subject to Subsection B.2.6; iv buildings and structures to accommodate public utilities serving the Gabriola Island v Trust Committee Area except in public parks and ecological reserves; and vi buildings and structures to accommodate community care facilities, except in public parks and ecological reserves BL 199 c. The following buildings and structures are permitted in any zone in Part D of this Bylaw: i buildings and accessory structures to accommodate home school use referenced in Clause B.1.1.1.c; where home school use occurs in zones other than Institutional 1, those buildings and structures are considered accessory to all dwellings.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures B.1.2 Prohibited Uses and Buildings B.1.2.1 Prohibited Uses The following uses are prohibited in any zone in Part D of this Bylaw: BL 250 a. use of a secondary building or structure, other than an secondary suite or accessory single family dwelling, for human habitation, including cooking and/or overnight BL 293 accommodation, except as permitted in Article B.6.4.1; June/2018 b. rental of personal water craft; c. disposal of sewage and waste originating outside of the area of application for this Bylaw; d. use of a building or structure sited within a water area or a vessel anchored, moored, or docked within a water area as a residence, except as permitted in the Water Commercial 1 (WC1) Zone; e. use of land, buildings and structures for casinos, off-track betting or other gaming activities except for social occasion casinos or free-standing bingos as permitted in the relevant zone; BL 187 f. use of land for the wrecking or storage of derelict vehicles or the operation of a junkyard or garbage dump; BL 250 g. use of land, buildings or structures for the purpose of providing direct service to customers in their vehicles in a drive-through arrangement; and h. use of land, buildings or structures for game farming where animals are hunted in confined areas for sport. BL 275 i use of land, buildings or structures to manufacture or research genetically engineered seeds, plants or animals. BL 303 OCT/2021 j. cannabis production except as permitted on land within the Agricultural Land Reserve and Agricultural Zone.

B.1.2.2 Prohibited Buildings and Structures – Water Zones The following buildings and structures are prohibited in any zone in Section D.5 WATER ZONES of this Bylaw, excepting Subsection D.5.5 Water Industrial 1 - Shipyard (WI1): a. Boathouses; and b. Buildings and structures used for the storage or shelter of boats or seaplanes.

B.1.2.3 Additional Buildings

BL 293 a. The construction, placement, or use of more than one dwelling unit on a lot is prohibited, June/2018 unless specifically permitted in the zone. b. Only one building accessory to all permitted dwelling units on a lot is permitted to contain a bathroom, and areas, equipment or infrastructure designed, used or intended to be used for the preparation and cooking of food.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures B.1.3 Use of Undersized Lots B.1.3.1 Where a lot exists prior to the effective date of this Bylaw, and the area of such a lot does not conform to the minimum lot area established in any bylaw of the Gabriola Island Trust Committee relating to subdivision control, such a lot may be used for any of the uses permitted in the zone in which the lot is situated, subject to all of the other regulations for the BL 293 zone and provided the provisions of the Health Act and attendant Regulations have been met. JUN/2018

B.1.4 Site-Specific Zones B.1.4.1 The Multi-dwelling Affordable Housing 1 (MAH1) zone is only applicable to the following lots: a. LOT 1, SECTION 19, GABRIOLA ISLAND, NANAIMO DISTRICT, PLAN EPP11544 (PID BL 307 028-580-095); and OCT/2022 b. LOT 2, SECTION 19, GABRIOLA ISLAND, NANAIMO DISTRICT, PLAN EPP11544 (PID 028-580-109).

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Gabriola Island Land Use Bylaw No. 177 - Schedule A General Siting Requirements

BL 250 B.2 GENERAL SITING AND HEIGHT PROVISIONS

B.2.1 Special Setbacks and Elevations

B.2.1.1 Setbacks and Elevations from Watercourses and the Sea BL 250 a. Despite all other siting references in this Bylaw excepting B.2.1.4c, third party signs, fences, pump/utility houses, retaining walls, ground level decks, structures and BL 278 buildings, excepting boathouses, must be sited a minimum of 7.5 metres (24.6 feet) from and 1.5 metres (4.9 feet) above the natural boundary of the sea and a minimum of 15 metres (49.2 feet) from and 1.5 metres (4.9 feet) above the natural boundary of any lake, stream, or wetland. Where the frontage on the sea is not adequately protected from erosion by natural bedrock or works as certified by a professional engineer, buildings and structures must be sited a minimum of 15 metres (49.2 feet) from and 1.5 metres (4.9 feet) above the natural boundary of the sea. BL 187 b. A septic sewage disposal field must be sited a minimum of 30 metres (98.4 feet) from the natural boundary of the sea, lake, stream or wetland. BL 279 c. elevation requirements in B.2.2.1.a. are measured to the underside of the floor of any wooden floor system or top of a slab or pad of any habitable area.

B.2.1.2 Additional Setbacks from Bluffs and Ridges a. No building may be sited less than 7.5 metres (24.6 feet) from the top edge of a bluff or ridge in “Development Permit Area No. 6: Escarpment Areas”, as delineated in the Gabriola Island Official Community Plan (Gabriola Island) Bylaw No. 166, 1997.

B.2.1.3 Setbacks and Screening from Nesting Trees a. A protective screen of natural vegetation must be retained within a 7.5 metres (24.6 feet) radius of the trunk of a tree bearing nests of herons, eagles, ospreys, vultures, BL 200 falcons, hawks and owls.

B.2.1.4 Setbacks from Zone Boundaries a. The minimum setback from a zone boundary for buildings and structures is 1.5 metres (4.9 feet). b. Where a zone boundary and lot line boundary coincide, the lot line setback prevails. BL 250 c. When the natural boundary of the sea and a lot line coincide, the following structures, with an average maximum elevated floor height of 0.3 m and a maximum width of 1.0 m, may be located within that setback area: i. walkways; and ii. stairs.

B.2.2 Measurement of Setbacks or Spatial Separations for Buildings and Structures B.2.2.1 All building and structure setbacks and spatial separation requirements must be measured on the horizontal plane from the exterior finished facade of the building or structure to the natural boundary, lot line or other point specified in this Bylaw.

B.2.2.2 The following features may project into the setback areas:

BL 187 a. steps, roof overhangs including eaves or gutters, cornices, sills, bay windows collectively not comprising more than 50 percent of the length of wall measured from corner to corner, balconies, awnings, and chimneys provided they do not project more

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Gabriola Island Land Use Bylaw No. 177 - Schedule A General Siting Requirements than 1.0 metre (3.3 feet) into the required setback area or in the case of a setback area requirement less than 3.0 metres (9.9 feet), not more than 0.5 metre (1.7 feet);

BL 250 B.2.3 Height B.2.3.1 The height restrictions for permitted buildings and structures specified in this Bylaw may be exceeded for radio and television antennas, electrical service masts, chimneys, flag poles, lighting poles, lightning rods, boat launching cranes, farm silos, water towers, church spires and steeples, firehall hose towers and electrical transmission towers. BL 250 B.2.3.2 Unless specified in this Bylaw elsewhere, the maximum height of buildings and structures are: a. 9.0 metres (29.5 feet) for dwellings; b. 7.0 metres (23.0 feet) on lots 0.4 hectares (1 acre) or less for buildings and structures accessory to dwelling units; c. 9.0 metres (29.5 feet) on lots greater than 0.4 hectares (1 acre) for buildings and structures accessory to dwelling units; and, d. 12.0 metres (39.4 feet) for buildings used exclusively for forestry and agriculture. BL 280 BL 303 09/08 OCT/2021 e. 15.0 metres (49 feet) for buildings used exclusively for cannabis production.

B.2.4 Fences B.2.4.1 Within 2.0 metres (6.6 feet) of any lot line, the height of fences may not exceed 2.0 metres (6.6 feet) and, elsewhere, the height of fences may not exceed 3.5 metres (11.5 feet).

BL 250 B.2.4.2 Despite all other fence siting references in this Bylaw, the following shall prevail: except for masonry or stone walls, freestanding fences more than 0.23 metres (9 inches) in width are not permitted within setback areas.

B.2.5 Pump/utility houses within Setback Areas B.2.5.1 Within setback areas: a. The maximum floor area of a pump/utility house is 10.0 square metres (107.6 square feet); and b. The maximum height of a pump/utility house is 3.0 metres (9.8 feet).

B.2.6 Retaining Walls B.2.6.1 Within setback areas: a. the maximum height on the outer face of a retaining wall at any given point is 3.0 metres (9.8 feet).

B.2.7 Landscape Screen B.2.7.1 Where a landscape screen is required by this Bylaw, it must be provided in the form of: a. existing vegetation of the required height that provides a continuous, permanent visual screen between the uses being separated; or b. a row of drought-tolerant evergreen plants that, at maturity, will attain the required height and provide a continuous, permanent visual screen between the uses being separated; and c. the landscape screen specified in articles B.2.7.1a and B.2.7.1b must be unbroken except for access drives or walks.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A General Siting Requirements B.2.8 Conflicting Use or Siting B.2.8.1 No building or structure may be sited in a manner that renders an existing use, building or structure non-conforming with respect to a siting or density provision of this Bylaw. BL 212

B.2.9 Conflicting Use or Siting

Despite all other siting references in this Bylaw, the following shall prevail:

On a corner lot within the triangular space formed by the highway lines and the line joining the points on the highway lines six metres from the point of intersection of the highway lines or the centre point that forms a curve, no landscape screen, landscaping, fences, building or structure shall be planted or erected to a height greater than one metre above the established grade of the highway.

B.2.10 Bulk Transportation Containers

B.2.10.1 Bulk transportation containers, such as shipping containers and truck transportation trailers BL 250 are not permitted unless completely blocked from view by a landscape screen, such that the building cannot be viewed from neighbouring properties, roads or the sea.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking

B.3 HOME OCCUPATIONS BL 226

B.3.1 Home Occupations B.3.1.1 Home occupation uses must be carried out by at least one permanent resident of the premises in which the home occupation is located;

B.3.1.2 A permanent resident of the premises where the home occupation is located must be the principal worker and operator of the home occupation.

B.3.2 Permitted Home Occupations Uses B.3.2.1 The following uses and no others are permitted as home occupations: a. Bed and Breakfast; b. Personal service, and limited associated product sales provided that not more than 5 square metres (53.8 square feet) of floor area is used for the storage and display of such products not produced on the same lot; c. Construction and repair of electronic equipment, instruments, furniture, bicycles, engines and mechanical parts, small appliances and machinery, and apparel; d. Business and professional offices; e. Child care, with a maximum of 12 children on the lot at any given time; f. Cabinet making, upholstering, picture framing, and related repairing; g. Catering and food preparation for delivery elsewhere, with delivery occurring between the hours of 8 a.m. and 6 p.m.; h. Animal training and grooming, not including kennels; i. Veterinary clinic on lots larger than 2.0 ha (4.94 acres); j. Non-motorized personal water craft rentals and bicycle rentals; k. Instructional classes in personal skills such as art, music, exercise or sport with a maximum of 12 students on the lot at any given time; l. Sale and production of art and craft goods produced or processed on the lot, for clarity this excludes the sale of water; m. Sale of art and crafts not produced or processed on the lot is permitted in a studio or gallery, provided that not more than 9.3 square metres (100 square feet) of floor area may be used for the storage and display of such art and crafts that have not been produced on the same lot; n. Sale of all other goods not produced or processed on the lot is permitted through a sales distributorship, provided persons employed in the home occupation carry out all distribution of such products off site; o. Small scale wood working, shed construction and boat building, which does not involve or require the use of cranes or other heavy equipment; p. Live theatre, on Lot 5, Plan 29233, Section 6, Gabriola Island, Nanaimo District [Theatre Centre]; and, q. Home industry.

B.3.2.2. Despite Article B.3.2.1, the following home uses and no other are permitted in the Multi- dwelling Affordable Housing 1 (MAH1) zone: BL 307 OCT/2022 a. Business and professional offices that receive no clients or visitors to the lot;

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking b. Catering and food preparation for sale elsewhere or delivery, with delivery occurring between the hours of 8 a.m. and 6 p.m.; c. Production of art and craft goods for sale elsewhere, provided no open flame is required in making the art or craft goods and no toxic fumes are produced during their creation.

B.3.3 General Provisions B.3.3.1. Despite the uses permitted in Article B.3.2.1, or any other provision in this Bylaw, the following must be complied with for a home occupation to be permitted:

a. Home occupations must be accessory to the residential use of the property; BL 293 OCT/2018 b. Home occupations except in the Multi-dwelling Affordable Housing 1 (MAH1) zone, must be entirely enclosed within a building, providing the combined total floor area for home BL 307 occupation uses on a lot do not exceed 95 square metres (1,023 square feet), except on OCT/2022 lots greater than 2.0 hectares (4.95 acres), where the total combined floor area of home occupation uses may not exceed 150 square metres (1,615 square feet),

c. There must be no exterior indication of the existence of a home occupation, either by stored materials, displays, lighting or by any other variation from the customary residential character of the lot, dwelling unit, or accessory building, with the exception of signs permitted by this Bylaw;

d. No home occupations may produce vibration, smoke, dust, odour, litter, electrical interference, fire hazard, effluent or glare detectable outside the boundaries of the lot;

e. No home occupation may create or permit noise which disturbs persons, or is clearly audible, off the lot on which the home occupation is conducted;

f. No home occupation may result in contamination of any soil or surface water by solvents, glues, chemicals or other substances deleterious to human and environmental health and safety;

g. Any paved areas used for vehicle, engine, equipment, appliance and vessel construction or repairs must have appropriate and maintained drainage and catchment mechanisms, such as oil-water separators. Any unpaved areas used for vehicle, engine, equipment, appliance and vessel construction or repairs must be protected by an impervious barrier or container to prevent any spill onto or contamination of the unpaved area.

h. On site parking must be: (i) provided for all home occupations in accordance with Section B.5 of this Bylaw; (ii) located on the lot where the home occupation is located; and (iii) visually buffered from neighbouring properties and the road;

BL 307 i. Signage is permitted for all home occupations in accordance with Section B.4 of this OCT/2022 Bylaw, except for those home occupation uses that occur on a lot within the Multi-dwelling Affordable Housing 1 (MAH1) zone, and then no signage is permitted.;

j. Child care home occupations may use outdoor space for play areas, provided that the maximum combined areas of all home occupations on the lot are in accordance with Clause B.3.3.1.b.;

k. Kilns are permitted outside of a building; and BL 307 OCT/2022 l. Despite B.3.3.1.b. and c., agricultural, horticultural, arts and crafts products may be sold in a produce stand permitted in the zone. BL 307 m. In the Multi-dwelling Affordable Housing 1 (MAH1) zone, the total floor area for home OCT/2022 occupation use must not exceed 30% of the total floor area of the dwelling unit in which the home occupation occurs.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking B.3.4 Home Industry Provisions B.3.4.1 The following uses and no others are permitted as home industry uses: a. Construction and repair of heavy equipment, boats, trailers or the body of a vehicle, including the outside parking or storage of no more than a total of two pieces of heavy equipment, boats, trailers or vehicles that are being, or waiting to be, or have been constructed or repaired;

b. Contractor yards and related outdoor storage of equipment and materials, including the parking of a maximum of two vehicles used in the home industry; and c. Water distribution, including associated equipment and storage.

B.3.4.2 In addition to B.3.3, the following provisions must be complied with for a home industry to be permitted:

a. Lot sizes must be greater than 2.0 ha (4.94 acre) in area;

b. Home industry equipment and storage areas must be visually buffered from neighbouring properties and the road;

c. The combined areas of all home occupations on a lot must be in accordance with the maximum size provisions Clause B.3.3.1.b.;

d. Home industries shall only operate from 8:00 am to 8:00 pm Monday to Saturday inclusive; and

e. Home industry areas and activities must be a minimum of 30 metres (98.4 feet) from any lot line.

B.3.5 Employees B.3.5.1 In addition to residents participating in the home occupation, on lots:

a. less than 2.0 hectares (4.94 acres), a maximum of two people employed or otherwise engaged in the home occupation at any given time are permitted per lot; and

b. 2.0 hectares (4.94 acres) or larger, a maximum of four people employed or otherwise engaged in the home occupation at any given time are permitted per lot.

B.3.5.2 Despite Article B.3.5.1, in the Multi-dwelling Affordable Housing 1 (MAH1) zone, home occupations must be operated solely by residents of the dwelling unit in which the home occupation occurs.

B.3.6 Bed and Breakfast B.3.6.1.The following additional regulations apply to bed and breakfast home occupations:

a. On lots: i less than 0.5 hectares (1.24 acres), a maximum number of two bedrooms may be used for bed and breakfast accommodation; ii 0.5 hectares (1.24 acres) or greater, but less than 2.0 hectares (4.94 acres), a maximum number of three bedrooms may be used for bed and breakfast accommodation; and iii 2.0 hectares (4.94 acres) or greater, a maximum number of four bedrooms may be used for bed and breakfast accommodation;

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking b. Where boarding in a dwelling unit is provided, the number of bedrooms permitted for temporary overnight accommodation, including bed and breakfast use, must be reduced by one for every bedroom used for boarding;

c. The bed and breakfast use must be in the principal single family dwelling and not in any accessory building;

d. Breakfast is to be the only meal served;

e. No additional set of cooking facilities may be provided for the bed and breakfast use.”

Information Note: Home occupation use of residential buildings may also be regulated through fire, safety, and building code provisions, and Provincial health and tax regulations. Residents conducting home occupations are responsible for those facilities used and for compliance with relevant codes.

B.4 SIGNS

B.4.1. Number and Total Sign Area BL 187 BL 226

B.4.1.1 Every sign, excepting those exempted in Subsection B.4.2, must comply with the provisions in Table 1. BL291 Table 1: Sign Regulations Column I Column 2 Column 3 Zone Maximum Number of Signs Maximum Total Sign Area Permitted Permitted Residential Zones BL 307 MAH1 2 per lot 4.0 sq.m (43.0 sq.ft) per lot OCT/2022 SRR, LRR No maximum number 1.5 sq.m (16.1 sq.ft) per lot SSN 2 per lot 4.0 sq.m (43.0 sq.ft) per lot Resource Zones AG, F, FWR1, GP, R, RC, No maximum number 1.5 sq.m (16.1 sq.ft) per lot RR1 GC No maximum number 4.0 sq.m (43.0 sq.ft) per lot Commercial and Industrial Zones VC1, VC2, DC1 2 per business 4.0 sq.m (43.0 sq.ft) per business LC1, LC2, LC3, FP 2 per business 4.0 sq.m (43.0 sq.ft) per business TC1, TC2 2 per lot 4.0 sq.m (43.0 sq.ft) per lot I 2 per business 4.0 sq.m (43.0 sq.ft) per business Recreation and Institutional Zones IN1, IN2, IN3, IN4, YC 2 per lot 4.0 sq.m (43.0 sq.ft) per lot P1, P2, P3 No maximum number No maximum sign area Water Zones WP1, WP2, WP3 No maximum number No maximum sign area WC1, WC2, WC3, WC4, 2 per water lot or lease 4.0 sq.m (43.0 sq.ft) per water lot or lease WI1, WI2, WI3, WYC WG 1 per adjacent upland lot 1.5 sq.m (16.1 sq.ft) per sign

Information Note: All signs located on a public highway, access road, or road right-of-way are within the jurisdiction of the Ministry of Transportation and Infrastructure (MOTI), and therefore must first obtain the permission of MOTI. MOTI does not grant permission for signs if they interfere with other signs, pedestrians, cyclists, or motorists’ ability to see or navigate such roadways.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking B.4.2 Exempted Signs B.4.2.1 Signs exempted from the provisions of this section are:

a. signs sited and maintained by government agencies, including signs for public safety or traffic; and b. commemorative, historical, and interpretive signs in the P1, P2, and P3 zones.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking

B.4.3 Temporary signs B.4.3.1 Notwithstanding B.4.1.1, real estate signs may be temporarily displayed in any zone except water zones, subject to:

a. A maximum of two signs per lot, not exceeding a total of 1.1 square metres (12.0 square feet) in sign area; b. the sign being located on the same lot as where the sale is occurring; and c. the sign being removed within two weeks of sale.

B.4.3.2 Notwithstanding B.4.1.1, temporary signs advertising a community event that is open to the public, or an educational course may be displayed in any zone, subject to:

a. the sign not exceeding 0.55 square metres (6.0 square feet) in sign area; b. despite clause a. above, banners must not exceed 4.0 square metres (43.0 square feet) in sign area; c. the sign being displayed for a maximum of three weeks prior to the event; and d. the sign being removed within 72 hours of the conclusion of the event.

B.4.3.3 Notwithstanding B.4.1.1, temporary directional signs for the purpose of directing traffic to a home occupation may be displayed only in a residential or resource zone, subject to: a. the sign not exceeding 0.55 square metres (6.0 square feet) in sign area; and b. the sign must not be displayed for more than 12 consecutive hours.

B.4.3.4 Notwithstanding B.4.1.1, temporary directional signs for the purpose of directing traffic to an institution or business (other than a home occupation) may be displayed in any zone, subject to: a. the sign not exceeding 0.55 square metres (6.0 square feet) in sign area; b. the sign must not be displayed for more than 12 consecutive hours; and c. the sign must be located, erected, or displayed on the same lot as where the business or institutional use is occurring.

B.4.4 Home Occupation signs B.4.4.1 Notwithstanding B.4.1.1, home occupation signs are permitted, subject to:

a. a maximum of one sign per lot; b. the sign not exceeding 0.55 square metres (6.0 square feet) in sign area; and c. the sign must be located on the same lot in which the home occupation is occurring.

B.4.5 Obsolete Signs & Derelict Signs B.4.5.1 Obsolete signs and derelict signs must be removed within thirty days after the sign becomes obsolete or derelict.

B.4.5.2 Obsolete signs and derelict signs may be removed at the discretion of the Gabriola Island Local Trust Committee.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking

B.4.6 Multi-Party Signs B.4.6.1 Notwithstanding B.4.1.1, multi-party signs which consolidate the direction of traffic to multiple businesses shall:

a. be limited in sign area to 0.2 square metres (2.15 square feet) per business, to a maximum sign area of 2.0 square metres (21.5 square feet); b. not be located in the Small Rural Residential zone; and c. not be temporary signs.

B.4.7 Third Party Signs B.4.7.1 Notwithstanding B.4.1.1, third party signs are permitted, subject to:

a. third party signs shall not exceed 1.1 square metres (12.0 square feet) in sign area, per lot.

B.4.8 Illuminated Signs

B.4.8.1 Internally illuminated signs are prohibited, except where they occur as window signs for the purpose of displaying business hours of operation and opening, or for fuel price signs where only the numbers and symbols are illuminated.

B.4.8.2 Externally illuminated signs must have a light source which deflects light away from the sky and towards the surface of the sign, and which is completely shielded from view.

B.5 PARKING BL 273 B.5.1 Minimum Number of Parking Spaces for Automobiles and Bicycles BL 226 B.5.1.1 Every owner of land must provide and maintain on the lot off-road motor vehicle parking spaces in accordance with the provisions of Table 2. BL 273 Table 2: Parking Requirements Column 1 Column 2 Column 3 Column 4 Use Standard Parking Accessible Parking Bicycle parking Requirements Requirements requirements RESIDENTIAL single family dwelling 2 per dwelling unit plus 1 per None required None required boarder BL 293 June/2018 secondary suite 2 per secondary suite None required None required

BL 307 two family dwelling 1.25 per unit plus Greater of 1 or 1 per 1 per unit without a OCT/2022 1 per employee 10 units garage multiple family dwelling 1.25 per unit plus Greater of 1 or 1 per 1 per unit without a 1 per employee 10 units garage HOME OCCUPATIONS galleries and live theatre 1 per 16 square metres (172.2 None Required None required

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking

Table 2: Parking Requirements Column 1 Column 2 Column 3 Column 4 Use Standard Parking Accessible Parking Bicycle parking Requirements Requirements requirements square feet) of floor area or performance area used teaching of arts and crafts 1 per 2 students plus 1 per None Required None required employee bed and breakfast 1 per rental room plus 1 per None Required None required non-resident employee Instructional classes 1 per employee and 1 per 2 None Required None required clients watercraft and bicycle 1 per 2 rentals None Required None required rental other home occupations 1 per employee None Required None required

COMMERCIAL Village Commercial and 1 per 16.0 square metres 1 per 150 square 1 per 150 square District Commercial (172.2 square feet) of leasable metres (1614.5 metres (1614.5 shopping centres floor area in the building square feet) of square feet) of leasable floor area in leasable floor area the building in the building restaurants and bars 1 per 3 seats Greater of 1 or 1 per 1 per 15 seats 50 parking stall nurseries and 1 per 16.0 square metres Greater of 1 or 1 per 1 per 10 parking greenhouses (172.2 square feet) of floor area 50 parking stall stalls of the retail sales building Offices 1 per 35 square metres (376.7 Greater of 1 or 1 per 1 per 10 parking square feet) of floor area 50 parking stalls stalls mini-storage 1 per 5 mini-storage units Greater of 1 or 1 per None required 50 parking stalls tourist accommodation 1 per sleeping unit plus 1 per 3 Greater of 1 or 1 per Greater of 1 or 1 except campgrounds seats in a food or beverage 20 accommodation per 10 sleeping area units units marina 1 per 2 boats berthed on an Greater of 1 or 1 per 1 per 20 parking annual basis and 1 per 50 parking stalls stalls employee golf course 50 per nine holes plus 1 per Greater of 1 or 1 per 1 per 20 parking employee 50 parking stalls stalls limited public market 1 per vendor Greater of 1 or 1 per None required 50 parking stalls INDUSTRIAL light industry and shipyard 1 per 2 employees Greater of 1 or 1 per 1 per 10 employees use 50 parking stalls boat building school 1 per 2 students and 1 per Greater of 1 or 1 per 1 per 10 of the total employee 50 parking stalls number of students and employees PUBLIC SERVICE AND UTILITY Church 1 per 2 metres of pews Greater of 1 or 1 per 1 per 10 parking 50 parking stalls stalls community halls, 1 per 4 seats Greater of 1 or 1 per 1 per 10 parking auditoriums, lodges, 50 parking stalls stalls theatres

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking

Table 2: Parking Requirements Column 1 Column 2 Column 3 Column 4 Use Standard Parking Accessible Parking Bicycle parking Requirements Requirements requirements schools, elementary 1 per 1 employee Greater of 1 or 1 per 1 per 10 employees 50 parking stalls plus 1 per 10 students schools – secondary 1 per employee plus 1 per 10 Greater of 1 or 1 per 1 per 10 employees students 50 parking stalls plus 1 per 8 students library, post office 1 per 20.0 square metres Greater of 1 or 1 per 1 per 10 parking (215.2 square metres) of floor 50 parking stalls stalls area police station 1 plus 1 per employee Greater of 1 or 1 per None required 50 parking stalls fire hall 1 per 1 employee or volunteer Greater of 1 or 1 per None required 50 parking stalls Museums 1 per 30.0 square metres Greater of 1 or 1 per 1 per 10 parking (322.9 square feet) of floor area 50 parking stalls stalls Medical Offices and 1 per 20 m2 (215 ft2) of floor Greater of 1 or 1 per 1 per 10 parking BL 261 Clinics area. 50 parking stalls stalls

B.5.2 Interpretation of Parking Requirements B.5.2.1 In calculating parking spaces required in Subsection B.5.2, one additional space must be provided in requirements for sites on which more than one use occurs are cumulative.

BL 273 B.5.2.2 In calculating the parking spaces required in Table 2 of B.5.1.1, for commercial uses in the Village Commercial 1, Village Commercial 2, and District Commercial zones, the standard parking requirements in column 2 are to be maximum parking requirements; for all other zones and uses listed in Table 2 of B.5.1.1, standard parking requirements are to be minimum parking requirements. BL 273 B.5.2.3 Where parking spaces are designated for the use of motorcycles or scooters, such designated motorcycle/scooter parking spaces shall each be counted as the provision of 0.5 required vehicle parking spaces, to a maximum of 15% of required parking spaces.

B.5.3 Dimensions and Area of Parking Spaces and Aisles B.5.3.1 Each parking space must be accessible to a highway via a manoeuvring aisle not less than: 7.5 metres (24.6 feet) in width in the case of 90 degree parking; 5.5 metres (18.0 feet) in width in the case of 60 degree parking; and no parking space may abut a highway such that the use of the parking space necessitates reversing a motor vehicle onto or from a highway. If parking space is accessible directly from a lane the combined length of the parking space and width of the lane must be at least 12.5 metres (41.0 feet).

B.5.3.2 Parking spaces must be at least 2.75 metres (9.0 feet) in width and 6.25 metres (20.5 feet) in length, exclusive of manoeuvring aisles, and have an unobstructed vertical clearance of at least 2.0 metres (6.6 feet). Parallel parking spaces must, despite the foregoing, have a length of 7.5 metres (24.6 feet).

BL 273 B.5.3.3 Accessible parking spaces must be a minimum of 3.9 metres in width and 6.25 metres in length and have an unobstructed vertical clearance of at least 2.0 metres. BL 273 B.5.3.4 Despite B.5.3.2 parking spaces for motorcycles or scooters must be a minimum of 1.4 metres in width and 2.5 metres in length.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking BL 273 B.5.3.5 Despite B.5.3.2 parking spaces for small vehicles must be a minimum of 2.4 metres in width and 4.6 metres in length.

BL 273 B.5.3.6 Despite Table 2 of B.5.1.1, where a building or use provides more than 10 standard parking spaces, a minimum of 20% of the total spaces must be reduced to 2.4 metres in width and 4.6 metres in length and marked with the words ‘SMALL VEHICLE ONLY’ on the pavement or facing wall.

B.5.4 Location of Parking Spaces B.5.4.1 All required off-road parking spaces must be located on the lot on which the use, building or structure being served is located, or on an adjoining lot that constitutes a part of the same site or premises and is in the same zone. Parking spaces located on a highway may not be taken into account in determining compliance with the standards in Section B.5. BL 273 B.5.4.2 All accessible parking spaces, small vehicle and motorcycle/scooter parking spaces must be located adjacent to a main entrance of a building for which the parking is required and marked with a sign or symbol identifying each space reserved for such parking. Priority location adjacent to a main entrance must be for accessible parking spaces

B.5.4.3 Other than properties zoned for principal single family residential use, not more than 50 percent of the setback area must be used for parking spaces and manoeuvring aisles. A parking space may not be located within 1.5 metres (4.9 feet) of a property boundary.

B.5.5 Standards for Bicycle Parking Spaces BL 273

B.5.5.1 Each bicycle parking space must be accessible to a highway or vehicle parking lot via an access aisle that is not less than 1.2 metres (3.9 feet) in width.

B.5.5.2 Bicycle parking spaces must be at least 0.8 metres (2.6 feet) in width and 1.8 metres (5.9 feet) in length with a minimum overhead clearance of 1.2 metres (3.9 feet).

B.5.5.3 Bicycle parking spaces must include a fixed structure that supports the bicycle frame in a stable position without damage to the wheels, frame or components and that enables the frame and both wheels to be locked to the structure by the cyclist’s own locking device. Protection from precipitation must be provided for 50 per cent of all spaces required.

B.5.5.4 Bicycle parking spaces are to be located at the primary entrance to the building or use being served.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Miscellaneous

B.6 MISCELLANEOUS

B.6.1 Boarders B.6.1.1 Up to a maximum of four boarders are permitted in conjunction with a principal single family residential use.

B.6.2 Limited Public Markets B.6.2.1 Other than during limited public market operating hours, tables, booths, chairs, umbrellas and other equipment associated with the limited public market must be enclosed, screened, or fenced from views available at the boundaries of the lot on which the limited public market is being conducted.

B.6.2.2 In addition to the sign regulations in Section B.4, an additional sign, not greater than 0.75 square metres (8.0 square feet) is permitted for each vendor operating at the limited public market.

B.6.2.3 No permanent structures used primarily for a limited public market are permitted.

B.6.3 Commercial Vacation Rentals BL 293 B.6.3.1 All dwelling units, including secondary suites, are for residential use and any use for overnight June/2018 accommodation on less than a monthly basis for monetary gain is prohibited except where a temporary use permit has been issued by the Local Trust Committee

B.6.4 Use of Travel Trailers, Recreational Vehicles and Accessory Buildings BL 212 B.6.4.1 One travel trailer, recreational vehicle or accessory building may only be used as a temporary dwelling unit on any lot where single family residential use is a permitted use to a maximum of two years, provided:

a. a valid building permit for the principal dwelling unit is in effect for the property;

b. the trailer or recreational vehicle is enclosed or screened from adjacent land by a landscape screen or fence subject to subsection B.2.7or B.2.4, respectively, not less BL 293 than 2.0 metres (6.6 feet) in height; and June/2018 c. the travel trailer, recreational vehicle or accessory building is connected to an BL 212 approved sewage disposal system.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Miscellaneous B.6.4.2 A combined total of two of the following: tents, tent trailers, camper vehicles, travel trailers or recreational vehicles may be used for seasonal accommodation for a period not exceeding 90 days in a calendar year and not exceeding 60 consecutive days, each except as permitted in the Agriculture (AG) zone.

B.6.4.3 Nothing in this bylaw prevents the storage of a travel trailer or recreational vehicle on a lot.

B.6.5 Storage of Unlicensed Vehicles B.6.5.1 Any vehicle unlicensed on an annual basis for two or more consecutive years may be stored outside a building, provided it is screened from views available at the boundaries of the lot by a landscape screen or fence subject to subsection B.2.7or B.2.4, respectively, not less than 2.0 metres (6.6 feet) in height.

B.6.6 Secondary Suite Regulations BL 293 June/2018 Secondary Suites, where permitted in Part D of this bylaw, are subject to the following requirements:

B.6.6.1 Secondary suites are a permitted accessory use on lots 2.0 hectares (4.94 acres) or larger;

B.6.6.2 One (1) secondary suite is permitted per lot.

B.6.6.3 Outside the Agriculture Land Reserve a secondary suite may be located within or attached to a single family dwelling or within an accessory building.

B.6.6.4 Within the Agricultural Land Reserve a secondary suite must be located wholly within a single family dwelling.

B.6.6.5 The maximum permitted floor area for a secondary suite located within or attached to a single family dwelling is 90 square metres (968 square feet) or 40% of the floor area of the dwelling, whichever is less;

B.6.6.6 The maximum permitted floor area for a secondary suite located within an accessory building is 90 square metres (968 square feet);

B.6.6.7 A secondary suite must not be located within a manufactured home;

B.6.6.8 For lands outside of the ALR, a secondary suite shall not be permitted on a lot unless the owner of the lot has registered a restrictive covenant under Section 219 of the Land Title Act in favour of the Gabriola Island Local Trust Committee prohibiting the registration of a strata plan under the Strata Property Act or Land Title Act which would result in the secondary suite being a separate lot.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Establishment of Zones

Part C - ESTABLISHMENT OF ZONES

C.1 DIVISION INTO ZONES The area included in Schedule “B” of this Bylaw is divided and designated into the following zones:

C.1.1 Land Based Zones C.1.1.1 Residential Zones SRR Small Rural Residential LRR Large Rural Residential BL 236 SSN Seniors and Special Needs OCT/26 MAH1 Multi-dwelling Affordable Housing 1 C.1.1.2 Resource Zones AG Agriculture BL 236 F Forestry FWR Forestry/Wilderness Recreation* FWR1 Forestry/Wilderness Recreation 1 R Resource RC Resource Conservation* RR Resource Residential* RR1 Resource Residential 1 GP Gravel Pit C.1.1.3 Commercial and Light Industrial Zones VC1 Village Commercial 1 VC2 Village Commercial 2 – Professional Centre DC1 District Commercial 1 LC1 Local Commercial 1 – Neighbourhood Pubs LC2 Local Commercial 2 – Restaurants LC3 Local Commercial 3 - Garden Centres FP Ferry Parking TC1 Tourist Commercial 1 TC2 Tourist Commercial 2 - Campground I Industrial - Light C.1.1.4 Recreation and Institutional Zones P1 Parks 1 – Provincial and Regional P2 Parks 2 – Passive Recreation Community Park P3 Parks 3 – Active Recreation Community Park IN1 Institutional 1 IN2 Institutional 2 IN3 Institutional 3 YC Yacht Club Outstation - Upland

C.1.2 Water Based Zones WG Water General WC1 Water Commercial 1 - Marina WC2 Water Commercial 2 - Mariculture WC3 Water Commercial 3 - Marine Transportation WI1 Water Industrial 1 – Shipyard WI2 Water Industrial 2 – Log Storage WI3 Water industrial 3 – Bulk Material Transport WP1 Water Protection 1

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Establishment of Zones WP2 Water Protection 2 – Park WP3 Water Protection 3 – Lake WYC Water Yacht club outstation

* For Information Purposes Only - As no land is yet zoned FWR, RC, or RR, provisions for these zones cannot legally be included in this Bylaw. In recognition of the Gabriola Official Community Plan Bylaw 166 Policy 5.1(d)(which contains policies relating to the establishment of these zones), appendixes A, B and C contain certain provisions in order that interested parties may anticipate conditions under which the density transfer allowed by Policy 5.1(c) may be realised. Appendixes A, B and C are for information purposes only.

C.2 OFFICIAL ZONING MAP C.2.1.1 The location and extent of the zones referred to in Section C.1 is set out on Schedule “B” attached to and forming part of this Bylaw.

C.3 INTERPRETATION OF ZONE BOUNDARIES C.3.1.1 Determination of Zone Boundaries In the event of uncertainty regarding the location of the boundaries for any zone on Schedule “B”, the location must be determined by the application of the following rules: BL 279 a. where zone boundaries coincide with lot boundaries, the lot boundaries are the zone boundaries; b. where zone boundaries run along a highway or other public way defined under the “Highways Act”, the zone boundary is the centre line; c. where a land based zone and a water based zone boundary coincide, the boundaries must be the surveyed high water mark as shown on a plan registered in the Land Title Office; and where there is no registered survey plan, the natural boundary of the sea is the boundary; d. where the outer seaward zone boundary of a water based zone is not shown on Schedule “B”, the outer seaward zone boundary is the line designated as the “Outer Boundary of Bylaw 177”; and e. all other zone boundaries must be determined by scaling from Schedule “B”.

C.3.1.2 Lots in More than One Zone a. When determining the dwelling units density and lot coverage for lots with area in more than one zone, each separately zoned area of the lot is to be considered as being a separate lot. BL 293 b. Despite Clause C.3.1.2a, where a secondary suite is a permitted use in the zone, it June/2018 may be located on the portion of the lot so zoned provided there is only one secondary suite located on the entire lot and that lot area is 2.0 hectares (4.94 acres) or larger.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Residential Zones

Part D - ZONES

D.1 RESIDENTIAL ZONES

D.1.1 Small Rural Residential (SRR)

D.1.1.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Small Rural Residential (SRR) zone:

a. Permitted Principal Uses i single family residential ii horticulture, including sale of horticultural products grown on the lot

b. Permitted Accessory Uses i home occupation, subject to Section B.3 BL 293 ii secondary suite residential, on lots 2.0 hectares (4.94 acres) or larger, subject to June/2018 Subsection B.6.3 iii agriculture, including agri-tourism and the sale of agricultural products grown or raised on the lot, on lots 2.0 hectares (4.94 acres) or larger iv keeping of animals for the personal use of the resident or landowner

D.1.1.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Small Rural Residential (SRR) zone:

a. Permitted Buildings and Structures i Maximum of:  one single family dwelling per lot; BL 261  one secondary suite per lot; BL 293  Three buildings per lot excluding a secondary suite; pump/utility house and June/2018 woodshed and that are accessory to all dwellings; and  one agricultural produce stand per lot, not exceeding 4.6 square metres (50 square feet) floor area.  Other non-residential buildings and structures to accommodate horticulture, agriculture and the keeping of animals for personal use.

For Information purposes only - Farm status under the BC Assessment Act is not required for the construction of buildings or structures for an agricultural use.

D.1.1.3 Regulations The general regulations in Part B, plus the following regulations apply in the Small Rural Residential (SRR) zone:

BL 250 a. Buildings and Structures Siting Requirements i On lots less than 1.0 hectares (2.47 acres), except for a sign, fence, or pump/utility house, the minimum setback of buildings or structures is:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Residential Zones  6.0 metres (19.7 feet) from the front lot line;  4.5 metres (14.8) from any exterior side lot line; and  1.5 metres (4.9 feet) from any interior lot line.

BL 275 ii On lots 1.0 hectare (2.47 acres) or larger, except for a sign, fence, or pump/utility house, the minimum setback of buildings or structures is:  10.0 metres (32.8 feet) from any lot line, except the minimum setback for greenhouses is 7.5 metres (24.6 feet) from any lot line. BL 275 iii Despite items D.1.1.3a.i and D.1.1.3a.ii BL 250  the minimum setback for agricultural waste storage is 30.0 metres (98.4 feet) from any lot line or well head;  the minimum setback for an agricultural produce stand in the Small Rural Residential (SRR) zone is 4.5 metres (14.7 feet) from the front lot line. BL 236 OCT/26

b. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area.

c. Lot Area Requirements for Subdivision i The minimum average lot area is 2.0 hectares (4.94 acres) ii The minimum lot area is 0.5 hectares (1.24 acres)

D.1.2 Large Rural Residential (LRR)

D.1.2.1 Permitted Uses BL 250 The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Large Rural Residential (LRR) zone:

BL 279 a. Permitted Principal Uses i single family residential ii agriculture, including the sale of agricultural products grown or raised on the lot, but excluding animal husbandry on lots less than 2.0 hectares (4.94 acres)

b. Permitted Accessory Uses BL 293 i home occupation, subject to Section B.3 June/2018 ii secondary suite residential, on lots 2.0 hectares (4.94 acres) or larger, subject to Subsection B.6.3. iii boarding and breeding kennels, accessory to a residential use, on lots 2.0 hectares (4.94 acres) or larger iv boarding and riding stables, on lots 2.0 hectares (4.94 acres) or larger, accommodating no more than 1 horse per 0.2 hectares ( 0.5 acres) to a maximum BL 275 of 30 horses per lot v keeping of animals for the personal use of the resident or landowner BL 279 vi agri-tourism

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Residential Zones D.1.2.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Large Rural Residential (LRR) zone:

a. Permitted buildings and Structures i Maximum of:  one single family dwelling per lot;  one secondary suite per lot;  three buildings per lot excluding a secondary suite, pump/utility house and woodshed and that are accessory to all dwellings; and  one agricultural produce stand per lot, not exceeding 20 square metres (215.3 square feet) floor area. ii Other non-residential buildings and structures to accommodate agriculture, forestry, boarding and breeding kennels, and boarding and riding stables.

For Information purposes only - Farm status under the BC Assessment Act is not required for the construction of buildings or structures for an agricultural use.

D.1.2.3 Regulations The general regulations in Part B, plus the following regulations apply in the Large Rural Residential (LRR) zone:

BL 250 a. Buildings and Structures Siting Requirements i On lots less than 1.0 hectare (2.47 acres), except for a sign, fence, or pump/utility house, the minimum setback of buildings or structures is:  6.0 metres (19.7 feet) from the front lot line;  4.5 metres (14.8 feet) from any exterior side lot lines; and  1.5 metres (4.9 feet) from any interior lot lines. ii On lots 1.0 hectare (2.47 acres) or larger, except for a sign, fence, or pump/utility house, the minimum setback of buildings or structures is:  10.0 metres (32.8 feet) from any lot line. BL 250 iii Despite items D.1.2.3a.i and D.1.2.3a.ii: BL 275  the minimum setback of boarding and breeding kennels is 30.0 metres (98.0 feet) from any lot line or well head;  on lots 1.0 hectare (2.47 acres) or larger, the minimum setback for greenhouses is 7.5 metres (24.6 feet) from any lot line.  the minimum setback for agricultural waste storage is 30.0 metres (98.4 feet) from any lot line or well head; and;  the minimum setback for an agricultural produce stand in the Large Rural Residential (LRR) zone is 4.5 metres (14.7 feet) from the front lot line.

b. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 10 percent of the lot area

c. Lot Area Requirements for Subdivision i The minimum average lot area is 4.0 hectares (9.88 acres). ii The minimum lot area is 2.0 hectares (4.94 acres).

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Residential Zones

D.1.3 Seniors and Special Needs (SSN)

D.1.3.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Seniors and Special Needs (SSN) zone:

a. Permitted Principal Uses i seniors and special needs housing

b. Permitted accessory Uses BL 275 i employee accommodation ii horticulture, including sale of horticultural products grown on the lot.

D.1.3.2 Buildings and Structures

BL 180 In addition to the buildings and structures permitted in Article B.1.1.2, the following buildings and structures and no others are permitted in the Seniors and Special Needs (SNN) zone:

a. Permitted Buildings and Structures i Single or multiple family dwellings, to a maximum of 12 dwelling units per hectare BL 279 (4.85 units per acre) and a maximum of 24 dwelling units per lot , except on lands shown on Schedule C, Map 2, in which case the maximum permitted density is 15 dwelling units per hectare (6 units per acre) and a maximum of 30 dwelling units per lot. ii Three buildings per lot that exclude a pump/utility house, woodshed and garden shed, and that are accessory to all dwelling units. BL 275 iii one horticulture produce stand per lot, not exceeding 4.6 square metres (50 square feet) floor area.

D.1.3.3 Regulations The general regulations in Part B, plus the following regulations apply in the Seniors and Special Needs (SSN) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet).

b. Buildings and Structures Siting Requirements i The minimum setback of buildings and structures except for a sign, fence, or pump/utility house is 6.0 metres (19.7 feet) from any lot line. ii the minimum setback for a horticultural produce stand is 4.5 metres (14.7 feet) from the front lot line.

c. Lot coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area

BL 212 d. Lot Area Requirements for Subdivision i The minimum lot area and minimum average lot area is 1.0 hectare (2.47 acres).

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Residential Zones ii. Despite, Item D.1.3.3.d.i, the minimum lot area and minimum average lot area is 4.0 hectares(9.88 acres), for land legally described as Strata Plan VIS5013, Section 20, Gabriola Island, Nanaimo District as shown on Schedule C Map 11.

BL 279 e. Senior and Special Needs Dwelling Unit Limitations i The maximum average area of single or multiple family dwellings is 83.6 square metres (900 square feet) except on lands shown on Schedule C, Map 2, in which case the maximum average is 65.0 square metres (700 square feet). ii For purposes of Item D.1.3.3e.i in calculating average dwelling unit size, the interior dimensions of a dwelling unit must be used and the area of an enclosed deck, porch or balcony and any area intended for storage purposes, directly accessible from the interior of the dwelling unit, must be included for purpose of this calculation. iii For purposes of calculating the number of permitted dwelling units, dwelling units used for employee accommodation are included in the maximum permitted number of dwelling units in Item D.1.3.2a

BL 307 JUN/2022 D.1.4 Multi-dwelling Affordable Housing 1 (MAH1)

D.1.4.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Multi-dwelling Affordable Housing 1 (MAH1) zone:

a. Permitted Principal Uses i multiple family residential ii two family residential

b. Permitted Accessory Uses i home occupations, subject to Section B.3

D.1.4.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Multi-dwelling Affordable Housing 1 (MAH1) zone:

a. Permitted Buildings and Structures i Multiple family dwellings and two family dwellings, to a maximum of 12 dwelling units per hectare (4.85 units per acre) and a maximum of 24 dwelling units per lot. ii Three buildings per lot that exclude a pump/utility house, woodshed and garden shed, and that are accessory to all dwelling units. iii The average size of all dwelling units on a lot must not be greater than 83 square metres (900 sq.ft.).

D.1.4.3 Regulations The general regulations in Part B, plus the following regulations apply in the Multi-dwelling Affordable Housing 1 (MAH1) zone:

a. Building and Structure Height Limitations i The maximum height of buildings or structures is 9.0 metres (29.5 feet).

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Residential Zones b. Building and Structure Siting Requirements i Except for a sign, fence, or pump/utility house, the minimum setback for buildings and structure is: 3.0 metres (9.8 feet) from the front lot line; 10.0 metres (32.8 feet) from any lot line that is not a front lot line. ii Despite item D.1.4.3.b.i, the minimum setback of buildings and structures from a lot line that coincides with a lot in the same zone is 0.0 metres.

c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area.

d. Subdivision Requirements i The minimum lot area is 1.0 hectares (2.47 acres).

e. Form of Tenure i One hundred percent (100%) of the dwelling units in the Multi-dwelling Affordable Housing 1 (MAH1) zone shall be limited to residential rental tenure.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones

D.2 RESOURCE ZONES

D.2.1 Agriculture (AG)

D.2.1.1 Permitted Uses

The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Agriculture (AG) zone:

BL 250 a. Permitted Principal Uses BL 279 i agriculture, including the sale of agricultural products grown or raised on the lot ii single family residential iii golf course, on lands as shown on Schedule C, Map 3 BL 275 iv intensive agriculture BL 280 BL 303 v Cannabis production 09/08 OCT/2021

BL 293 b. Permitted Accessory Uses June/2018 i home occupations subject to Section B.3*; ii secondary suite residential on lots 2.0 hectares (4.94 acres) or larger.; iii boarding and breeding kennels, accessory to a residential use, on lots 2.0 hectares (4.94 acres) or larger; and iv boarding and riding stables on lots 2.0 hectares (4.94 acres) or larger. v agri-tourism; and BL 275 vi agri-tourism accommodation on lands in the Agricultural Land Reserve on lots 4.0 hectares (9.88 acres) or larger with farm classification under the BC Assessment Act

* For information purposes only – on land situated within the Agricultural Land Reserve these uses may be subject to approval of the Agricultural Land Commission under the “Agricultural Land Commission Act”

D.2.1.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Agriculture (AG) zone:

BL 293 a. Permitted Buildings and Structures JUN/2018 i Maximum of: BL 275  one single family dwelling per lot;  one secondary suite per lot;  for lots in the Agricultural Land Reserve, one secondary suite AND one manufactured home for immediate family or farm worker housing;  three buildings per lot excluding a secondary suite, pump/utility house and woodshed and that are accessory to all dwellings;  one produce stand per lot accessory to an agriculture principal use and not exceeding 20 square metres (215.3 square feet) floor area; and  one clubhouse accessory to a golf course use, on lands as shown on Schedule C, Map 3*.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones  four or fewer sleeping units for agri-tourism accommodation in the form of either seasonal campsites and/or short term use of bedrooms on a farm classified as a farm under the Assessment Act on lots 4.0 hectares (9.88 acres) or larger. Should farm classification discontinue for a period of two (2) consecutive years, agri-tourism accommodation is no longer a permitted accessory use on the lot. BL 275 ii On lands in the Agriculture Land Reserve where a manufactured home is permitted on a lot 2.0 hectares (4.94 acres) or larger for immediate family or farm working housing, the following conditions will apply:  The lot has farm classification under the BC Assessment Act; and  The manufactured home does not exceed 9 metres.(29.5 feet) in width and 120.7 m2 (1300 ft2) in floor area; and  The manufactured home is sited so as to not have a negative effect on the existing farm operation; and  The owner of the lot on which the manufactured home is located shall register on the title of that lot a restrictive covenant under section 219 of the Land Title Act stating that the manufactured home will be removed if it is no longer being occupied by the approved user for a period of one year; and  The manufactured home is occupied by immediate members of the family that currently own the property; or  The manufactured home is occupied by a farm employee(s) required for the farm operation and who provide a net benefit to the existing farm operation and written approval from the Agricultural Land Commission has been obtained. iii Other non-residential buildings and structures to accommodate:  agriculture, forestry, boarding and breeding kennels, and boarding and riding stables*; and  golf course on lands as shown on Schedule C, Map 3*.

* For information purposes only – on land situated within the Agricultural Land Reserve these buildings and structures may be subject to approval of the Agricultural Land Commission under the “Agricultural Land Commission Act”

For Information purposes only - Farm status under the BC Assessment Act is not required for the construction of buildings or structures for an agricultural use.

D.2.1.3 Regulations The general regulations in Part B, plus the following regulations apply in the Agriculture (AG) zone:

BL 250 a. Buildings and Structures Siting Requirements i On lots less than 1.0 hectare (2.47 acres), except for a sign, fence, or pump/utility house: BL 275  the minimum setback for a single family dwelling, a manufactured home for immediate family or farm worker housing, a secondary suite and buildings and structures accessory to them is 6.0 metres (19.7 feet) from the front lot BL 293 line, 4.5 metres (14.8 feet) from any exterior side lot lines and 1.5 metres June/2018 (4.9 feet) from any interior lot line; and  the minimum setback for all other buildings or structures is 20.0 metres (65.6 feet) from any lot line. ii On lots 1.0 hectare (2.47 acres) or larger, except for a sign, fence, or pump/utility house:  the minimum setback for a single family dwelling, a manufactured home for immediate family or farm worker housing, a secondary suite and buildings

BL 275

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones and structures accessory to them is 10.0 metres (32.8 feet) from any lot line; and  the minimum setback for all other buildings or structures is 20.0 metres (65.6 feet) from any lot line. iii Despite items D.2.1.3a.i and D.2.1.3a.ii:

BL 275  the minimum setback of boarding and breeding kennels is 30.0 metres (98.0 feet) from any lot line or well head;  the minimum setback for greenhouses on land in the AG zone is 7.5 metres from any lot line;  the minimum setback for intensive agriculture is 30.0 metres (98.4 feet) from any lot line; and  the minimum setback for agricultural waste storage is 30.0 metres (98.4 feet) from any lot line or well head; and  the minimum setback for an agricultural produce stand in the Agriculture (AG) zone is 4.5 metres (14.7 feet) from the front lot line. BL 280 09/08  the minimum setback for buildings and structures except for fences, BL 303 OCT/2021 used for cannabis production is 30 metres (98.4 feet) from any lot line and 150 metres (492.13 feet) from any school property line or P3 zone.

b. Lot Coverage Limitations i On land outside the Agricultural Land Reserve:  the maximum combined lot coverage of buildings and structures, is 35 percent of the lot area. ii On land in the Agricultural Land Reserve:  the maximum combined lot coverage of buildings and structures, excluding greenhouses, is 35 percent of the lot area in the Agricultural Land Reserve; and  the maximum combined lot coverage of buildings and structures, including greenhouses, is 75 percent of the lot area.  the maximum combined lot coverage of agri-tourism and/or agri-tourism accommodation including buildings, access and parking is one (1) percent BL 275 of the lot area. BL 303  The maximum combined lot coverage of buildings and structure used for the OCT/2021 purpose of cannabis production is 200 square metres (2,152 square feet).

c. Lot Area Requirements for Subdivision  The minimum average lot area and the minimum lot is 8.0 hectares (19.77 acres).

D.2.2 Forestry(F)

D.2.2.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Forestry (F) zone:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones

BL 193 a. Permitted Principal Uses i forestry ii single family residential

b. Permitted Accessory Uses i home occupations subject to Section B.3 BL 293 June/2018 ii secondary suite residential*, on lots 2.0 hectares (4.94 acres) or larger, subject to Subsection B.6.3. iii limited milling and planing of timber grown on the same lot iv forestry research and education BL 275 v agriculture, including agri-tourism and the sale of agricultural products grown or raised on the lot

D.2.2.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Forestry (F) zone:

a. Permitted Buildings and Structures i Maximum of: BL 293 June/2018  one single family dwelling per lot;  one secondary suite per lot;  three buildings per lot excluding a secondary suite, pump/utility house and woodshed, and that are accessory to all dwellings; and  one produce stand per lot accessory to an agriculture use and not BL 275 exceeding 20 square metres (215.3 square feet) floor area. ii Portable sawmills* iii Other non-residential buildings and structures to accommodate: BL 279  forestry and forestry research and education*; and

* For information purposes only – on land situated within the Forest Land Reserve this use and these buildings and structures may be subject to approval of the Forest Land Commission under the “Forest Land Commission Act”

D.2.2.3 Regulations The general regulations in Part B, plus the following regulations apply in the Forestry (F) zone:

BL 250 a. Buildings and Structures Siting Requirements i On lots less than 1.0 hectares (2.47 acres), except for a sign, fence, or BL 293 pump/utility house, the minimum setback for buildings or structures is: June/2018  6.0 metres (19.7 feet) from any front lot line;  4.5 metres (14.8 feet) from any exterior side lot line; and  1.5 metres (4.9 feet) from any interior lot line. ii On lots 1.0 hectares (2.47 acres) or larger, except for a sign, fence, or pump/utility house, the minimum setback for buildings or structures is: BL 275  10.0 metres (32.8 feet) from any lot line, except the minimum setback for greenhouses is 7.5 metres (24.6 feet) from any lot line

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones iii the minimum setback for an agricultural produce stand in the Forestry (F) zone is 4.5 metres (14.7 feet) from the front lot line.

b. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 10 percent of the lot area.

c. Lot Area Requirements for Subdivision i The minimum lot area and the minimum average lot area is 60.0 hectares (148.26 BL 261 acres). ii Despite items D.2.2.3.c.i, the Forestry zoned area of the South ½ of the Northwest ¼ of Section 19, Gabriola Island, Nanaimo District, may be subdivided from the IN4 zoned area as shown on Map 15 of Schedule C.

D.2.3 Forestry/Wilderness Recreation 1(FWR1) BL 236 D.2.3.1 Permitted Uses

In addition to the uses permitted in Article B.1.1.1, the following uses and no others are permitted in the Forestry/Wilderness Recreation 1 (FWR1) zone:

a. Permitted Principal Uses i. forestry ii. forest wilderness oriented recreation iii. ecological reserves iv. environmental protection

D.2.3.2 Buildings and Structures

The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Forestry/Wilderness Recreation 1 (FWR1) zone:

a. Permitted Buildings and Structures i. Structures to accommodate passive outdoor recreational activities; ii. Portable sawmills; and, iii. Other non-residential buildings and structures to accommodate environmental protection projects, forestry and forestry research and education.

D.2.3.3 Regulations

The general regulations in Part B, plus the following regulations apply in the Forestry/Wilderness Recreation 1 (FWR1) zone:

a. Buildings and Structure Height Limitations i. The maximum height of all buildings and structures is 9.0 metres (29.5 feet);

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones D.2.3.4 Buildings and Structures Siting Requirements i. The minimum setback for buildings and structures, except a sign, fence, or pump/utility house, is 10.0 metres (32.8 feet) from any lot line.

D.2.3.5 Lot Area Requirements for Subdivision i. The minimum average lot area and the minimum lot area are 286 hectares (707 acres).

D.2.4 Resource (R)

D.2.4.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Resource (R) zone: BL 193

a. Permitted Principal Uses i agriculture, including the sale of agricultural products grown or raised on the lot but excluding animal husbandry on lots less than 2.0 hectares (4.94 acres) ii forestry BL 272 iii single family residential iv shooting range, on lands as shown on Schedule C, Map 4 BL 275 v agri-tourism

b. Permitted Accessory Uses BL 293 i home occupations accessory to a residential use, subject to Section B.3 June/2018 ii secondary suite residential, on lots 2.0 hectares (4.94 acres) or larger, subject to Section B.6.3. iii boarding and breeding kennels, accessory to a residential use, on lots 2.0 hectares (4.94 acres) or larger iv boarding and riding stables, on lots greater than 2.0 hectares (4.94 acres)

D.2.4.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Resource (R) zone:

a. Permitted Buildings and Structures i Maximum of: BL 293  one single family dwelling per lot; June/2018  one secondary suite per lot;  three buildings per lot excluding a secondary suite, pump/utility house and woodshed, and that are accessory to all dwellings; and  one produce stand per lot, not exceeding 20.0 square metres (215.3 square feet) in floor area, accessory to an agricultural use. ii Other non-residential buildings and structures to accommodate: BL 272  agriculture, forestry, boarding and breeding kennels, and boarding and riding stables; and BL 279  shooting range, on lands as shown on Schedule C, Map 4

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones For Information purposes only - Farm status under the BC Assessment Act is not required for the construction of buildings or structures for an agricultural use.

D.2.4.3 Regulations The general regulations in Part B, plus the following regulations apply in the Resource (R) zone:

BL 250 a. Buildings and Structures Siting Requirements i On lots less than 1.0 hectare (2.47 acres), except for a sign, fence, or pump/utility house, the minimum setback for buildings or structures is:  6.0 metres (19.7 feet) from the front lot line;  4.5 metres (14.8 feet) from any exterior side lot lines; and  1.5 metres (4.9 feet) from any interior lot lines. ii On lots 1.0 hectare (2.47 acres) or larger, except for a sign, fence, or pump/utility BL 275 house, the minimum setback for buildings or structures is:  10.0 metres (32.8 feet) from any lot line, except the minimum setback for BL 250 greenhouses is 7.5 metres (24.6 feet) from any lot line. iii Despite items D.2.4.3a.i and D.2.4.3a.ii: BL 275  the minimum setback of boarding and breeding kennels is 30.0 metres (98.0 feet) from any lot line or well head;  the minimum setback for agricultural waste storage is 30.0 metres (98.4 feet) from any lot line or well head; and  the minimum setback for an agricultural produce stand in the Resource (R) zone is 4.5 metres (14.7 feet) from the front lot line.  Lot Coverage Limitations  The maximum combined lot coverage by buildings and structures is 10 percent of the lot area.

b. Lot Area Requirements for Subdivision i The minimum average lot area is 8.0 hectares (19.77 acres). ii The minimum lot area is 2.0 hectare (4.94 acres), excepting that the minimum lot area is 1.0 hectare (2.47 acres) where serviced by a community water system and a community sewer system.

D.2.5 Resource Conservation(RC) For Information Purposes Only - As no land is yet zoned RC, the provisions for this zone cannot legally be included in this Bylaw. In recognition of the Gabriola Official Community Plan Bylaw 166 Policy 5.1(d), relating to the establishment of such zones, Appendix B contains certain provisions in order that interested parties may anticipate conditions under which the density transfer allowed by Policy 5.1(c) may be realised. Appendix B is for information purposes only.

D.2.6 Resource Residential 1(RR 1) BL 236

D.2.6.1 Permitted Uses In addition to the uses permitted in Article B.1.1.1, the following uses and no others are permitted in the Resource Residential 1 (RR1) zone:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones a. Permitted Principal Uses i. single family residential ii. agriculture iii. horticulture

b. Permitted Accessory Uses i. home occupation, subject to Section B.3 BL 293 ii. secondary suite residential iii. processing and sale of agricultural products, limited to those grown or raised on the lot iv agri-tourism BL 275

D.2.6.2 Buildings and Structures

The buildings and structures permitted in Article B1.1.2, plus the following buildings and structures and no others are permitted in the Resource Residential 1 (RR1) zone:

a. Permitted Buildings and Structures i. Maximum of: BL 293  one single family dwelling per lot;  three buildings per lot excluding a secondary suite, pump/utility house and woodshed, and that are accessory to all dwellings;  one produce stand per lot, not exceeding 20.0 square metres (215.3 square feet) in floor area, accessory to an agricultural use; and,  one secondary suite per lot. ii. Other non-residential buildings and structures to accommodate:  agriculture and horticulture.

D.2.6.3 Regulations

The general regulations in Part B, plus the following regulations apply in the Resource Residential 1 (RR1) zone:

BL 250 a. Buildings and Structures Siting Requirements i. On lots less than 2.0 hectare (4.94 acres), except for a sign, fence, or pump/utility house, the minimum setback for buildings or structures is:  6.0 metres (19.7 feet) from all lot lines. ii. On lots 2.0 hectare (4.94 acres) or larger, except for a sign, fence, or pump/utility BL 275 house, the minimum setback for buildings or structures is:  10.0 metres (32.8 feet) from any lot line, except the minimum setback for greenhouses is 7.5 metres (24.6 feet) from any lot line. iii. the minimum setback for an agricultural produce stand in the Resource Residential (RR1) zone is 4.5 metres (14.7 feet) from the front lot line.

b. Lot Coverage Limitations i. The maximum combined lot coverage by buildings and structures is 10 percent of the lot area.

c. Lot Area Requirements for Subdivision i. The minimum average lot area is 2.35 hectares (5.81 acres), and for calculation purposes the minimum average includes roads within this zone. ii. The minimum lot area shall be 1 hectare (2.47 acres).

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones

D.2.6 (A) Resource Residential 2(RR 2) BL 290 Sept2018

D. 2.6(A).1 Permitted Uses In addition to the uses permitted in Article B.1.1.1, the following uses and no others are permitted in the Resource Residential 2 (RR2) zone:

a. Permitted Principal Uses i. single family residential ii. agriculture iii. horticulture

b. Permitted Accessory Uses i. home occupation, subject to Section B.3 secondary suite residential, on lots2.0 hectares (4.94 acres) or larger, subject to Section B.6.3. ii. processing and sale of agricultural products, limited to those grown or raised on the lot iii agri-tourism

D. 2.6(A).2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Resource Residential 2 (RR2) zone:

d. Permitted Buildings and Structures i. Maximum of: 2. one single family dwelling per lot which must be connected to a rainwater harvesting and collection system with a minimum storage capacity of 22,500 litres (5,944 US gallons); 3. three buildings per lot excluding a secondary suite, pump/utility house and woodshed, and that are accessory to all dwellings; 4. one produce stand per lot, not exceeding 20.0 square metres (215.3 square feet) in floor area, accessory to an agricultural use; and, 5. one secondary suite per lot, . ii. Other non-residential buildings and structures to accommodate: 6. agriculture and horticulture.

D.2.6(A).3 Regulations The general regulations in Part B, plus the following regulations apply in the Resource Residential 2 (RR2) zone:

a. Buildings and Structures Siting Requirements i. On lots less than 2.0 hectare (4.94 acres), except for a sign, fence, or pump/utility house, the minimum setback for buildings or structures is:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones 7. 6.0 metres (19.7 feet) from all lot lines. ii. On lots 2.0 hectare (4.94 acres) or larger, except for a sign, fence, or pump/utility house, the minimum setback for buildings or structures is: 8. 10.0 metres (32.8 feet) from any lot line, except the minimum setback for greenhouses is 7.5 metres (24.6 feet) from any lot line. iii. the minimum setback for an agricultural produce stand in the Resource Residential 2 (RR2) zone is 4.5 metres (14.7 feet) from the front lot line.

b. Lot Coverage Limitations i. The maximum combined lot coverage by buildings and structures is 10 percent of the lot area.

c. Lot Area Requirements for Subdivision i. The minimum average lot area is 1.9 hectares (4.7 acres); ii. The minimum lot area is 1.0 hectare (2.47 acres); iii. Despite any other provision of this Bylaw, the maximum number of lots permitted in the Resource Residential 2 (RR2) zone is 25.

D.2.7 Gravel Pit(GP)

D.2.7.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Gravel Pit (GP) zone:

a. Principal Permitted Uses i storage of unprocessed excavated gravel

D.2.7.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Gravel Pit (GP) zone:

a. Permitted Buildings and Structures i Maximum of one building. ii Structures necessary for the gravel pit operation.

D.2.7.3 Regulations The general regulations in Part B, plus the following regulations apply in the Gravel Pit (GP) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet).

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures, except a sign, fence, or pump/utility house, is 10.0 metres (32.8 feet) from any lot line.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is two percent of the lot area.

d. Lot Area Requirements for Subdivision i The minimum lot area is 25.0 hectares (61.77 acres).

BL 259 D.2.8 Gabriola Commons (GC) Comprehensive Development Zone

D.2.8.1 Permitted Uses The uses permitted in Article B.1.1.1 plus the following uses and no others are permitted in the Gabriola Commons Comprehensive Development Zone:

a. Permitted Principal Uses i Commons agriculture ii Commons institutional

b. Permitted Accessory Uses i Single family residential, excluding home occupation ii. Commons accessory commercial iii. Commons accessory food depot iv Commons accessory public assembly v. Commons accessory office and storage BL 275 vi agri-tourism

D.2.8.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 plus the following buildings and structures and no others are permitted in the Gabriola Commons Comprehensive Development Zone:

a. Permitted Buildings i Maximum of one single family dwelling; ii Other non-residential buildings to accommodate the principal and accessory uses permitted, subject to a combined maximum floor area of: iii Commons accessory commercial to a maximum of 175 sq. m. (1,884 sq. ft.);  Commons accessory public assembly to a maximum of 600 sq. m. (6,458 sq. ft);  Commons accessory office and storage uses to a maximum of 400 sq. m. (4,305 sq. ft.); and  Commons accessory food depot to a maximum of 200 sq. m. (2,152 sq. ft.) BL 275 iv one produce stand not exceeding 20.0 square metres (215.3 square feet) in floor area, accessory to an agricultural use

(For clarification, the definition of “accessory” in the Gabriola Island Land Use Bylaw is provided: “in relation to a use, building or structure, means ancillary, secondary and exclusively devoted to a principal use, building or structure, expressly permitted by this Bylaw on the same lot or, where the accessory use is located on common property in a bare land strata plan, on a strata lot in the same strata plan.)

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones D.2.8.3 Regulations The general regulations in Part B plus the following regulations apply in the Gabriola Commons (GC) Comprehensive Development Zone:

a. Building and Structures Siting Requirements i. Except for a sign, fence, or pump/utility house:  The minimum setback for any building or structure housing a residential use is 4.5 metres (14.8 feet) from the front lot line. ii Despite items D.2.8.3.a.i:  The minimum setback for buildings and structures except Agriculture, is 10.0 metres (32.8 feet) from any other lot line.  The minimum setback for all Agriculture buildings and structures is 20 metres (65.6 feet) from any lot line, except for a produce stand which has a BL 275 minimum setback of 4.5 metres (14.7 feet) from the front lot line or greenhouses which have a minimum setback of 7.5 metres (24.6 feet) from any lot line.  The minimum setback for agriculture waste storage is 30.0 metres (98.4 feet) from any lot line or well head. b. Building and Structures Height Requirements i. Except as regulated by Article B.2.3.2:  The maximum height for non-residential, non-agriculture and non- forestry building or structure is 9.0 metres (29.5 feet).

c. Lot Coverage Limitations  The maximum combined lot coverage of buildings and structures, including greenhouses, is 12 percent of the lot area. d. Other Regulations  Subdivision of lands within the Gabriola Commons (GC) Comprehensive Development Zone area is prohibited.  All other regulations, including the Regional District of Nanaimo Noise Bylaw, as it applies to Gabriola Island, apply to lands within the Gabriola Commons (GC) Comprehensive Development Zone.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones

D.3 COMMERCIAL AND INDUSTRIAL ZONES

D.3.1 Village Commercial 1(VC1)

D.3.1.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Village Commercial 1 (VC1) zone:

a. Permitted Principal uses i retail sales and rentals ii offices iii personal services BL 279 iv restaurants v limited public markets, subject to Subsection B.6.2 vi medical and dental clinics vii bakeries viii repair shops ix building material supply x private clubs and lodges xi indoor recreation xii libraries xiii laundromats xiv automotive service and auto sales xv gasoline sales xvi household storage xvii shopping centre combining three or more principal uses in this zone

b. Permitted Accessory Uses i single family residential BL 196 c. Permitted Uses – Particular Locations i Despite Article D.3.1.1, the only permitted uses on land legally described as Lot 31, Plan 22723, Section 20, Gabriola Island, Nanaimo District, are those referred to in Items: D.3.1.1.a i, ii, iii, v, vi, viii, ix, xii, xvi and xvii.

D.3.1.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Village Commercial 1 (VC1) zone:

a. Permitted Buildings and Structures i Maximum of:  one accessory dwelling unit per lot;and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Other non-residential buildings and structures to accommodate the permitted uses set out in this zone.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones D.3.1.3 Regulations The general regulations in Part B, plus the following regulations apply in the Village Commercial 1 (VC1) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet).

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence, or pump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  3.0 metres (9.8 feet) from any interior lot line, except where the interior lot line abuts a commercial or industrial zone in which case there is no setback requirement from the interior lot line; and  3.0 metres (9.8 feet) from another building sited on the same lot. ii There is no setback requirement from any exterior side lot line*.

c. Lot Coverage and Floor Area Ratio Limitations i The maximum combined lot coverage by buildings and structures is 40 percent of the lot area. ii The maximum floor area ratio is 0.25

d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres).

e. Automotive Service, Auto Sales and Rental Limitations i Not more than 10 vehicles capable of being licensed under the “Motor Vehicle Act” and offered for sale or rent may be located on any lot within this zone.

* For Information Purposes Only – Under the Highway Act Regulation, permission is required from the Ministry of Transportation and Highways to place buildings within 4.5 metres (14.8 feet) of a highway right-of-way.

D.3.2 Village Commercial 2 – Professional Centre (VC2)

D.3.2.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Village Commercial 2 –Professional Centre (VC2) zone:

a. Permitted Principal uses i retail sales and rentals ii offices iii personal services BL 279 iv restaurants v medical and dental clinics vi bakeries vii household storage

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones

b. Permitted Accessory Uses i single family residential

D.3.2.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Village Commercial 2 – Professional Centre (VC2) zone:

a. Permitted Buildings and Structures i Maximum of:  one accessory dwelling unit per lot; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Other non-residential buildings and structures to accommodate the permitted uses set out in this zone.

D.3.2.3 Regulations The general regulations in Part B, plus the following regulations apply in the Village Commercial 2 – Professional Centre (VC2) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet).

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence, or pump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  3.0 metres (9.8 feet) from any interior lot line, except where the interior lot line abuts a commercial or industrial zone in which case there is no setback requirement from the interior lot line; and  3.0 metres (9.8 feet) from another building sited on the same lot. ii There is no setback requirement from any exterior side lot line*.

c. Lot Coverage and Floor Area Ratio Limitations i The maximum combined lot coverage by buildings and structures is 40 percent of the lot area ii The maximum floor area ratio is 0.40

d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres).

e. Retail, Restaurants, Cafes and Bakeries Limitations i The maximum combined floor area permitted for restaurants, cafes and bakeries is 105 square metres (1,130 square feet). ii The maximum combined floor area for retail sales and rentals, restaurants, cafes and bakeries is 25 percent of the total floor area of all buildings on the lot.

* For Information Purposes Only – Under the Highway Act Regulation, permission is required from the Ministry of Transportation and Highways to place buildings within 4.5 metres (14.8 feet) of a highway right-of-way.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones

D.3.3 District Commercial 1(DC1)

D.3.3.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the District Commercial 1 (DC1) zone:

a. Permitted Principal Uses i retail sales and rentals ii limited public markets, subject to Subsection B.6.2 iii personal services BL 279 iv restaurants v offices vi medical and dental clinics vii bakeries viii repair shops ix building material supply x private clubs and lodges xi indoor recreation xii laundromats xiii automotive service and auto sales xiv gasoline sales xv household storage xvi shopping centre combining three or more principal uses in this zone

b. Permitted Accessory Uses i single family residential

D.3.3.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the District Commercial 1 (DC1) zone:

a. Permitted Buildings and Structures i Maximum of:  one accessory dwelling unit per lot ; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Other non-residential buildings and structures to accommodate the permitted uses set out in this zone.

D.3.3.3 Regulations The general regulations in Part B, plus the following regulations apply in the District Commercial 1 (DC1) zone:

a. Buildings and Structure Height Limitations i the maximum height of buildings and structures is 9.0 metres (29.5 feet)

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones

BL 218 b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence, or pump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  3.0 metres (9.8 feet) from any interior lot line, except where the interior lot line abuts a commercial or industrial zone in which case there is no setback requirement from the interior lot line; and  3.0 metres (9.8 feet) from another building sited on the same lot. ii There is no setback requirement from any exterior side lot line*. iii Despite Item D.3.3.3.ii, the minimum setback for buildings or structures is 14.5 metres from the exterior side lot line on Parcel E (DD 401378I) of Section 21, Gabriola Island, Nanaimo District, abutting King Road. iv No maneuvering aisle or access lane is permitted to be sited within the exterior side lot line of Parcel E (DD 401378I) of Section 21, Gabriola Island, Nanaimo District abutting King Road.

c. Lot Coverage and Floor Area Ratio Limitations i The maximum combined lot coverage by buildings and structures is 40 percent of the lot area. ii The maximum floor area ratio is 0.25.

d. Lot Area Requirements for Subdivision i The minimum average lot area and minimum lot area is 0.5 hectares (1.24 acres)

e. Automotive Service, Auto Sales and Rental Limitations i Not more than 10 vehicles capable of being licensed under the “Motor Vehicle Act” and offered for sale or rent may be located on any lot within this zone.

* For Information Purposes Only – Under the Highway Act Regulation, permission is required from the Ministry of Transportation and Highways to place buildings within 4.5 metres (14.8 feet) of a highway right-of-way.

D.3.4 Local Commercial 1 – Neighbourhood Pubs(LC1)

D.3.4.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Local Commercial 1 – Neighbourhood Pubs (LC1) zone:

a. Permitted Principal Uses i neighbourhood pub

b. Permitted Accessory Uses i single family residential

D.3.4.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Local Commercial 1 – Neighbourhood Pubs (LC1) zone:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones a. Permitted Buildings and Structures i Maximum of:  one accessory dwelling unit per lot; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Other non-residential buildings and structures to accommodate neighbourhood pubs.

D.3.4.3 Regulations The general regulations in Part B, plus the following regulations apply in the Local Commercial 1- Neighbourhood Pubs (LC1) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet).

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence, or pump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  3.0 metres (9.8 feet) from any interior lot lines, except where the interior lot line abuts a commercial or industrial zone in which case the minimum setback is 1.5 metres (4.9 feet); and  3.0 metres (9.8 feet) from another building sited on the same lot. ii There is no setback requirement from any exterior side lot line*.

c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 32 percent of the lot area.

d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres).

* For Information Purposes Only – Under the Highway Act Regulation, permission is required from the Ministry of Transportation and Highways to place buildings within 4.5 metres (14.8 feet) of a highway right-of-way.

D.3.5 Local Commercial 2 –Restaurants(LC2)

D.3.5.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Local Commercial 2 – Restaurants (LC2) zone:

a. Permitted Principal Uses i restaurant ii single family residential

D.3.5.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Local Commercial 2 – Restaurants (LC2) zone:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones a. Permitted Buildings and Structures i Maximum of:  one dwelling unit per lot; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Other non-residential buildings and structures to accommodate restaurants .

D.3.5.3 Regulations The general regulations in Part B, plus the following regulations apply in the Local Commercial 2 – Restaurants (LC2) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet).

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence, or pump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  3.0 metres (9.8 feet) from an interior lot line, except where an interior lot line abuts a commercial or industrial zone in which case there is no setback requirement from an interior lot line; and  3.0 metres (9.8 feet) from another building sited on the same lot. ii There is no setback requirement from any exterior side lot line*.

c. Lot Coverage and Floor Area Ratio Limitations i The maximum combined lot coverage by buildings and structures is 40 percent of the lot area. ii The maximum floor area ratio is 0.25.

d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres).

* For information Purposes Only - Under the Highway Act Regulation, special permission is required from the Ministry of Transportation and Highways to place buildings within 4.5 metres (14.8 feet) of a highway right-of-way.

D.3.6 Local Commercial 3 - Garden Centres(LC3)

D.3.6.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Local Commercial 3 – Garden Centres (LC3) zone:

a. Permitted Principal Uses i garden centre BL 220 b. Permitted Accessory Uses i single family residential ii mini-storage

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones

iii limited public market, subject to Subsection B.6.2 except on lands shown on Schedule C, Map 12 iv farm supply centre, on lands shown on Schedule C, Map 12 BL 220

D.3.6.2 Buildings and Structures The uses permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Local Commercial 3 – Garden Centres (LC3) zone:

a. Permitted Buildings and Structures i Maximum of: ii one accessory dwelling unit per lot;  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit; and  10 accessory mini-storage units per lot. iii Other non-residential buildings and structures to accommodate garden centres iv Other non-residential buildings and structures to accommodate a farm supply centre on lands shown on Schedule C, Map 12

D.3.6.3 Regulations The general regulations in Part B, plus the following regulations apply in the Local Commercial 3 – Garden Centres (LC3) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet), except that the maximum height of mini-storage unit is 3.0 metres (9.8 feet).

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence, or pump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  3.0 metres (9.8 feet) from an interior lot line, except where an interior lot line abuts a commercial or industrial zone in which case there is no setback requirement from an interior lot line; and  3.0 metres (9.8 feet) from another building sited on the same lot. ii There is no setback requirement from any exterior side lot line*, except for mini- storage units in which case the minimum setback is 3.0 metres*.

c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 50 percent of the lot area.

d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres).

e. Mini-Storage Limitations i The maximum floor area is 9.3 square metres (100 square feet) per mini-storage unit. ii Mini-storage units must be separated from a highway or from land with zoning permitting a principal residential use by a landscape screen, subject to subsection B.2.7, not less than 2.0 metres (6.6 feet) in height.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones

* For Information Purposes Only – under the Highway Act Regulation, permission is required from the Ministry of Transportation and Highways to place buildings within 4.5 metres (14.8 feet)a highway right-of-way.

D.3.7 Ferry Parking(FP)

D.3.7.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Ferry Parking (FP) zone:

a. Permitted Principal Uses i ferry terminal parking

b. Permitted Accessory Uses i commercial parking , for businesses located in lots legally described as lots 2 and 3, Plan VIS 2994, Section 20, Gabriola Island, Nanaimo District

D.3.7.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Ferry Parking (FP) zone:

a. Permitted Buildings and Structures i Parking kiosks, not exceeding 4.0 metres (13.1 feet) in height and 5.0 square metres (53.8 square feet) combined floor area. ii Parking lot structures, not exceeding 1.0 metre (3.3 feet) in height, except for sign, which may not exceed 4.0 metres (13.1 feet) in height

D.3.7.3 Regulations The general regulations in Part B, plus the following regulations apply in the Ferry Parking (FP) zone:

a. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 0.5 percent of the lot area .

b. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres).

c. Additional Regulations i A parking area must be separated from a highway or from land with zoning permitting a principal residential use by a landscape screen, subject to subsection B.2.7, not less than 2.0 metres (6.6 feet) in height. ii A parking area must be compacted gravel or hard-surface and adequately drained. iii All lighting to illuminate a parking area must be deflected towards the lot surface.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones

D.3.8 Tourist Commercial 1 (TC1)

D.3.8.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Tourist Commercial 1 (TC1) zone:

a. Permitted Principal Uses BL 220, 212 i tourist accommodation ii land oriented marina facilities BL 309 iii restaurant June/2021 iv tackle sales v general store, excluding the sale of liquor and other alcoholic goods(however, general store, including the sale of liquor and other alcoholic goods, is a permitted principal use on lands shown on Schedule C, Map 17) vi marine fuel sales BL 309 vii boat charters and rentals June/2021 viii retail sale of liquor and other alcoholic goods, on lands shown on Schedule C, Map 10 and Map 17

b. Permitted Accessory Uses i single family residential , on lots 0.2 hectares (0.5 acres) or larger ii studios for the creation and sale of arts and crafts iii outdoor and indoor recreation facilities accessory to tourist accommodation or marina facilities iv licensed liquor establishment accessory to a principal tourist accommodation use v limited public market, subject to Subsection B.6.2 vi campsites

D.3.8.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Tourist Commercial 1 (TC1) zone:

a. Permitted Buildings and Structures i Hotels, motels, lodges, Inns, cabins, and campsites to a maximum of 13 tourist BL 279 accommodation units or campsites per hectare (5.26 units per acre) and a maximum of 30 tourist accommodation units or campsites per lot or where there are one or more or more adjacent TC1 lots, per this group of lots; and. ii Maximum of:  one accessory dwelling unit per lot, on lots 0.2 hectares (0.5 acres) or larger; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit on lots 0.2 hectares (0.5 acres) or larger. iii Other non-residential buildings and structures for the permitted uses set out in this zone

D.3.8.3 Regulations The general regulations in Part B, plus the following regulations apply in the Tourist Commercial 1 (TC1) zone:

a. Buildings and Structure Height Limitations

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones i The maximum height of buildings and structures is 9.0 metres (29.5 feet) .

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures, except for a sign, fence, or pump/utility house is:  6.0 metres (19.7 feet) from any lot line; and  3.0 metres (9.8 feet) from another building sited on the same lot. ii The minimum setback for campsites is 6.0 metres (19.7 feet) from any lot line.

c. Lot Coverage and Floor Area Ratio Limitations i The maximum combined lot coverage by buildings and structures is 40 percent of the lot area . ii The maximum floor area ratio is 0.20 .

d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres). BL 210 e. Other Regulations i The maximum size of a tourist accommodation unit:  in a building containing multiple tourist accommodation units is 37.2 square metres (400.4 square feet) in floor area; and  in a detached building containing a single tourist accommodation unit is 65.0 square metres (699.7 square feet) in floor area . ii. Cooking facilities are only permitted in tourist accommodation units located in a BL 279 detached building containing less than three tourist accommodation units. iii No tourist accommodation unit may be:  occupied by any person continuously or within a year for more than six months; or  occupied by a unit owner for more than 45 days in a calendar year and more than 29 continuous days. iv No campsite may:  be occupied by any person consecutively or cumulatively within a year for more than 60 days; or  have a tent, tent-trailer or camper vehicle on a campsite for more than 60 days in a calendar year. v Licensed liquor establishments are allowed only in conjunction with a hotel, motel, inn or lodge having a minimum of four tourist accommodation units, except on lands shown on Schedule C, Map 10.

D.3.9 Tourist Commercial 2 - Campground(TC2)

D.3.9.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Tourist Commercial 2 – Campground (TC2) zone:

a. Permitted Principal Uses BL 212 i campground

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones

b. Permitted Accessory Uses i single family residential ii retail sales, excluding the sale of liquor iii campground office use

D.3.9.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Tourist Commercial 2 – Campground (TC2) zone:

a. Permitted Buildings and Structures i Maximum of  one accessory dwelling unit per lot; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Buildings and structures for retail and food sales not exceeding 200 square metres (2,152.9 square feet) of combined floor area. iii Other non-residential buildings and structures for the permitted uses set out in this zone.

D.3.9.3 Regulations The general regulations in Part B, plus the following regulations apply in the Tourist Commercial 2 – Campground (TC2) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet) .

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence, or pump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  4.5 metres (14.8 feet) from any exterior side lot lines;  1.5 metres (4.9 feet) from any interior lot lines; and  3.0 metres (9.8 feet) from another building sited on the same lot. ii The minimum setback for campsites is 10.0 metres (32.8 feet) from any lot line.

c. Lot Coverage and Floor Area Ratio Limitations i The maximum combined lot coverage by buildings and structures is two percent of the lot area . ii The maximum floor area ratio is 0.01.

d. Lot Area Requirements for Subdivision i The minimum average lot area is 16.0 hectares ( 39.5 acres). ii The minimum lot area is 2.0 hectares (4.95 acres).

e. Campground Regulations i The maximum number of campsites is 10 per 1.0 hectare (4 per acre).

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones ii A tent, tent-trailer, camper vehicle, or recreation vehicle is only permitted on a campsite a maximum of 60 days in a calendar year. iii No campsite may be occupied by any person consecutively or cumulatively within a year for more than 60 days.

D.3.10 Industrial - Light(I)

D.3.10.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Industrial - Light (I) zone:

a. Permitted Principal Uses i light Industry not requiring sanitary sewer for disposal of industrial wastes ii warehousing and storage iii contractors’ workshops, offices and storage area iv hydro-electric power generation

b. Permitted Accessory Uses i single family residential ii sale of products manufactured, processed, assembled or repaired on the lot

D.3.10.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Industrial - Light (I) zone:

a. Permitted Buildings and Structures i Maximum of:  two industrial buildings per lot;  one accessory dwelling unit per lot; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit.

D.3.10.3 Regulations The general regulations in Part B, plus the following regulations apply in the Industrial – Light (I) zone:

a. Buildings and Structure Height Limitations i The maximum height of a single family dwelling, and buildings and structures accessory to the dwelling unit is 9.0 metres (29.5 feet). ii The maximum height of all other buildings and structures is 12.0 metres (39.4 feet) .

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence, or pump/utility house is 10.0 metres (32.8 feet) from any lot line.

c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 50 percent of the lot area. ii The maximum floor area ratio is 0.35 .

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones d. Lot Area Requirements for Subdivision i The minimum average lot area and minimum lot area is 1.0 hectare (2.47 acres) .

e. Other Regulations i The maximum floor area used for the sale of products manufactured, processed, assembled or repaired on the property is 10 percent of the total floor area of the buildings used for manufacturing, processing, assembly and repairing. ii All materials stored on the lot must be stored in buildings or in outdoor storage yards enclosed by a landscaped screen, subject to Subsection B.2.7, not less than 2.0 metres (6.6 feet) in height. iii No toxic, noxious, explosive, odorous or radioactive materials may be stored in an outdoor storage yard.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones

D.4 RECREATION AND INSTITUTIONAL ZONES

D.4.1 Parks 1 – Provincial and Regional Park (P1)

D.4.1.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Parks 1- Provincial and Regional Park (P1) zone:

a. Permitted Principal Uses i provincial parks ii regional parks BL 272 iii campground, on lands shown on Schedule C, Map 16 iv special events under permit by the Regional District of Nanaimo or BC Parks

b. Permitted Accessory Uses BL 272 i caretaker residence, on lands shown on Schedule C, Map 16 ii retail sales and rentals, excluding the sale of liquor, on lands shown on Schedule C, Map 16 iii campground office use, on lands shown on Schedule C, Map 16

D.4.1.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Parks 1 – Provincial and Regional Park (P1) zone:

a. Permitted Buildings and Structures i Buildings and structures to accommodate provincial parks, regional parks and ecological reserves. ii Buildings and structures to accommodate campground office uses, retail sales and rentals not exceeding 200 square metres (2,152.9 square feet) of combined floor area, on lands shown on Schedule C, Map 16 iii Maximum of one caretaker residence, on lands shown on Schedule C, Map 16 iv temporary structures for special events under permit by the Regional District of Nanaimo or BC Parks

D.4.1.3 Regulations The general regulations in Part B, plus the following regulations apply in the Parks 1 – Provincial and Regional Park (P1) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 7.5 metres (24.6 feet) .

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence, or pump/utility house is 15.0 metres (49.2 feet) from any lot line . BL 272 ii The minimum setback for campsites is 10.0 metres (32.8 feet) from any lot line.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones

c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is two percent of the lot area .

BL 272 d. Other Regulations i Despite Section B.6.4, a travel trailer or recreational vehicle may be used for a caretaker residence and may be used without a principal dwelling unit on the lot. ii The maximum number of campsites is 10 per 1.0 hectares (4 per acre). iii Despite section B.6.4.2, a tent, tent-trailer, camper vehicle, or recreation vehicle is only permitted on a campsite a maximum of 60 days in a calendar year. iv Despite section B.6.4.2, no campsite may be occupied by any person, consecutively or cumulatively within a year, for more than 60 days.

D.4.2 Parks 2 – Passive Recreation Community Parks(P2)

D.4.2.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Parks 2 – Passive Recreation Community Park (P2) zone:

a. Permitted Principal Uses i passive outdoor recreational activities, including walking, hiking, and nature appreciation BL 272 ii special events under permit by the Regional District of Nanaimo

D.4.2.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Parks 1- Passive Recreation Community Park (P2) zone:

a. Permitted Structures i Structures to accommodate passive outdoor recreational activities.

b. Prohibited Buildings i Subject to Article B.1.1.2, all buildings are prohibited .

D.4.2.3 Regulations The general regulations in Part B, plus the following regulations apply in the Parks 2 – Passive Recreation Community Park (P2) zone:

a. Buildings and Structure Height Limitations i The maximum height of building and structures is 5.0 metres (16.4 feet).

b. Buildings and Structures Siting Requirements i The minimum buildings and setback for structures except a sign, fence, or pump/utility house is 4.5 metres (14.8 feet) from any lot line.

c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is one percent of the lot area.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones

D.4.3 Parks 3 – Active Recreation Community Park(P3)

D.4.3.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Parks 3 - Active Recreation Community Park (P3) zone:

a. Permitted Principal Uses i active recreational activities including tot lots, and playground equipment ii outdoor sport facilities including ball diamonds, tennis and basketball courts, swimming pool and playing fields iii indoor sport facilities including swimming pool , gymnasium, and courts for racket sports BL 272 iv special events under permit by the Regional District of Nanaimo

b. Permitted Accessory Uses i concessions ii offices

D.4.3.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Parks 3- Active Recreation Community Park (P3) zone:

a. Permitted Buildings and Structures i Buildings and structures to accommodate active recreational activities, outdoor sport facilities, indoor sport facilities, concessions and offices.

D.4.3.3 Regulations The general regulations in Part B, plus the following regulations apply in the Parks 3 – Active Recreation Community Park (P3) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet) .

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence, or pump/utility house is 6.0 metres (19.7 feet) from any lot line .

c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area .

D.4.4 Institutional 1(IN1)

D.4.4.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Institutional 1 (IN1) zone: BL 222

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones

a. Permitted Principal Uses i public assembly and recreation ii personal care facilities, except on land shown on Schedule C, Map 13 iii library, except on land shown on Schedule C, Map 13 iv museum, except on land shown on Schedule C, Map 13 v child day care centre and pre-schools vi recreation camp on lands as Shown on Schedule C, Map 6 BL 279 vii recycling centre and associated retail sale of used items on lands as shown on Schedule C, Map 7 viii cemetery on lands as shown on Schedule C, Map 8 ix community resource centre

b. Permitted Accessory Uses i limited public market, subject to Subsection B.6.2 BL 310

D.4.4.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Institutional 1 (IN1) zone:

a. Permitted Buildings and Structures i Buildings and structures for the permitted uses set out in this zone . ii repair and processing of used items into usable goods for sale associated with a recycling centre, on lands as shown on Schedule C, Map 7

D.4.4.3 Regulations The general regulations in Part B, plus the following regulations apply in the Institutional 1 (IN1) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet) .

b. Buildings and Structures Siting Requirements BL 222 i The minimum setback for buildings or structures except a sign, fence, or pump/utility house is 6.0 metres (19.7 feet) from any lot line.

c. Lot Coverage and floor area limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area . ii On lands shown on Schedule C, Map 13, the maximum combined floor area of buildings and structures is 1, 858 square metres

d. Lot Area Requirements for Subdivision i The minimum average lot area is 1.0 hectare (2.47 acres) ii The minimum lot area that is 0.5 hectares (1.24 acres)

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones

D.4.5 Institutional 2(IN2)

D.4.5.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Institutional 2 (IN2) zone:

a. Permitted Principal Uses i public schools ii emergency services iii library iv post office v medical laboratory vi government offices vii highway work yards viii urgent care medical clinic ix child care centre and pre-school

b. Permitted Accessory Uses i limited public market, subject to Subsection B.6.2

D.4.5.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Institutional 2 (IN2) zone:

a. Permitted Buildings and Structures i Buildings and structures for the permitted uses set out in this zone .

D.4.5.3 Regulations The general regulations in Part B, plus the following regulations apply in the Institutional 2 (IN2) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet).

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence, or pump/utility house is 6.0 metres (19.7 feet) from any lot line.

c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area .

d. Lot Area Requirements for Subdivision i The minimum average lot area is 1.0 hectare (2.47 acres). ii The minimum lot area is 0.5 hectares (1.24 acres).

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones

D.4.6 Institutional 3(IN3)

D.4.6.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Institutional 3 (IN3) zone:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones

a. Permitted Principal Uses i public assembly and recreation ii personal care facilities iii museum iv public schools v emergency services vi library vii post office viii medical laboratory ix government offices x highway work yards xi urgent care medical clinic xii child care centre and pre-school

b. Permitted Accessory Uses i limited public market, subject to Subsection B.6.2

D.4.6.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Institutional 3 (IN3) zone:

a. Permitted Buildings and Structures i Buildings and structures for the permitted uses set out in this zone.

D.4.6.3 Regulations

The general regulations in Part B, plus the following regulations apply in the Institutional 3 (IN3) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet) .

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence, or pump/utility house is 6.0 metres (19.7 feet) from any lot line .

c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area .

d. Lot Area Requirements for Subdivision i The minimum average lot area is 1.0 hectare (2.47 acres). ii The minimum lot area is 0.5 hectares (1.24 acres).

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones

BL 261 D.4.7 Institutional 4 (IN4)

D.4.7.1 Permitted Uses

The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Institutional 4 (IN4) zone:

a. Permitted Principal Uses i urgent care medical clinic

b. Permitted Accessory Uses i medical office

c. Associated Uses

Ambulance station is a permitted use when urgent care medical clinic uses, buildings and structures are occurring, but does not have to be exclusively devoted to permitted principal uses.

For clarification, the Gabriola Island Land Use Bylaw defines “principal” and “accessory” as: “accessory” in relation to a use, building or structure means ancillary, secondary and exclusively devoted to a principal use, building or structure, expressly permitted by this Bylaw on the same lot or, where the accessory use is located on common property in a bare land strata plan, on a strata lot in the same strata plan; “principal” in relation to use, building, or structure means the main or primary use, building or structure;

D.4.7.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Institutional 4 (IN4) zone:

a. Permitted Buildings and Structures i Buildings and structures for the permitted uses set out in this zone, including an emergency helicopter pad.

D.4.7.3 Regulations The general regulations in Part B, plus the following regulations apply in the Institutional 4 (IN4) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet).

b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence, or pump/utility house is 6.0 metres (19.7 feet) from any lot line.

c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones

d. Lot Area Requirements for Subdivision i No subdivision is permitted in the Institutional 4 (IN4) zone. ii In spite of the above, the IN4 zoned area of the South ½ of the Northwest ¼ of Section 19, Gabriola Island, Nanaimo District may be subdivided from the Forestry zoned area as shown on Map 15, Schedule C.

e. Additional Regulations

i A parking area must be separated from the roadway by a landscape screen, subject to subsection B.2.7, not less than 2.0 metres (6.6 feet) in height.

D.4.8 Yacht Club Outstation - Upland (YC) For Information Purposes Only - The marine portion of the Yacht Club Outstation is zoned WYC. See Subsection D.5.11 Water Yacht Club Outstation (WYC).

D.4.8.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Yacht club outstation (YC) zone:

a. Permitted Principal Uses i upland - based yacht club outstation

b. Permitted Accessory Uses i single family residential

D.4.8.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Yacht Club Outstation (YC) zone:

a. Permitted Buildings and Structures i Maximum of:  one clubhouse;  one accessory dwelling unit; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Other buildings and structures for non-residential permitted uses set out in this zone.

D.4.8.3 Regulations The general regulations in Part B, plus the following regulations apply in the Yacht Club Outstation (YC) zone:

a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet)

b. Building and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence, or pump/utility house is 6.0 metres (19.7 feet) from any lot line.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 2.5 percent of the lot area .

d. Lot Area Requirements for Subdivision i The minimum average lot area is 8.0 hectares (19.77 acres). ii The minimum lot area that is 4.0 hectares (9.88 acres)

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Water Zones

D.5 WATER ZONES

D.5.1 Water General (WG)

D.5.1.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water General (WG) zone:

a. Permitted Principal Uses BL 279 i boat and seaplane moorage, dockage, and boat launching facilities used for non- commercial purposes and associated with upland residential uses on Gabriola Island ii marine navigation aids iii non-commercial boat launching facilities

D.5.1.2 Structures The structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Water General (WG) zone:

a. Permitted Structures i Moorage buoys, floats, wharves, docks and other structures for the permitted uses set out in this zone.

D.5.1.3 Regulations The general regulations in Part B, plus the following regulations apply in the Water General (WG) zone:

a. Structure Height Limitations i The maximum height of:  floating structures is 3.0 metres (9.8 feet) above the water surface; and  structures fixed to the bed of the sea is 5.0 metres (16.4 feet) above the high high water mark.

b. Structures Siting Requirements i The minimum setback for structures is 3.0 metres (9.8 feet) from any lot line, lease line or extension of an upland side lot line, with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback.

c. Prohibitions i No buildings are permitted in this zone ii No float, wharf, dock, or other structure permitted in this zone may be used for a commercial or industrial use.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Water Zones

D.5.2 Water Commercial 1 - Marina (WC1)

D.5.2.1 Permitted Principal Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Commercial 1 – Marina (WC1) zone:

a. Permitted Principal Uses i marinas ii marine fuel sales iii boat sales and rental iv public wharves v moorage and dockage for water taxis and fishing boats vi moorage and dockage for seaplanes on lands legally described as Crown Water Lot L. 294 and on lands as shown on Schedule C, Map 9 vii marine navigation aids

D.5.2.2 Buildings and Structures The structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Water Commercial 1 – Marina (WC1) zone:

a. Permitted Buildings and Structures i Mooring buoys, floats, wharves, docks and other structures for the permitted uses set out in this zone. ii Buildings used for marine fuel sales and for seaplane dockage

D.5.2.3 Regulations The general regulations in Part B, plus the following regulations apply in the Water Commercial 1 – Marina (WC1) zone:

a. Buildings and Structure Height Limitations i The maximum height of:  floating structures is 3.0 metres (9.8 feet) above the water surface; and  buildings and structures fixed to the bed of the sea is 5.0 metres (16.4 feet) above the high high water mark.

b. Buildings and Structures Siting Requirements i The minimum setback for buildings and structures is 3.0 metres (9.8 feet) from any lot line or lease line or extension of an upland side lot line, with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback.

c. Residential Use of Vessels i Not more than three vessels in any area within this zone or contiguous areas in this zone may be used for the purposes of a residence, subject to shore-based facilities are provided for disposal of sewage in compliance with the “Health Act” and attendant Regulations.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Water Zones

D.5.3 Water Commercial 2 - Mariculture (WC2)

D.5.3.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Commercial 2 – Mariculture (WC2) zone:

a. Permitted Principal Uses i bottom-culture mariculture ii marine navigation aids

D.5.3.2 Structures The buildings and structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Water Commercial 2 – Mariculture (WC2) zone:

a. Permitted Structures i Structures required for:  bottom culture mariculture, including nets, anchor pins and sacks ; and  public parks, ecological reserves and marine navigation aids .

D.5.3.3 Regulations The general regulations in Part B, plus the following regulations apply in the Water Commercial 2 - Mariculture (WC2) zone:

a. Structure Height Limitations i The maximum height of:  floating structures, except signs designating lot or lease area boundaries, is 1.0 metre (3.3 feet) above the water surface; and  structures fixed to the bed of the sea is 1.0 metre (3.3 feet) above the high high water mark.

b. Structures Siting Requirements i The minimum setback for structures is 3.0 metres (9.8 feet) from any lot line or lease line or extension of an upland side lot line, with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is a 7.5 metre (24.6 feet) minimum setback.

c. Prohibitions i No buildings are permitted in this zone.

D.5.4 Water Commercial 3 - Marine Transportation (WC3)

D.5.4.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Commercial 3 – Marine Transport (WC3) zone:

a. Permitted Principal Uses i ferry dock ii public moorage and dockage iii public wharves

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Water Zones iv marine navigation aids

D.5.4.2 Structures The structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Water Commercial 3 – Marine Transport (WC3) zone:

a. Permitted Structures i Structures required for the permitted uses set out in this zone.

D.5.4.3 Regulations The general regulations in Part B, plus the following regulations apply in the Water Commercial 3 – Marine Transport (WC3) zone:

a. Structure Height Limitations i The maximum height of:  floating structures is 10.0 metres (32.8 feet) above the water surface; and  structures fixed to the bed of the sea is 10.0 metre (32.8 feet) above the high high water mark.

b. Structures Siting Requirements i The minimum setback for structures is 3.0 metres (9.8 feet) from any lot line or lease line or extension of an upland side lot line, with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback.

c. Prohibitions i No buildings are permitted in this zone

D.5.5 Water Industrial 1 - Shipyard (WI1)

D.5.5.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Industrial 1- Shipyard (WI1) zone:

a. Permitted Principal Uses i boat building and repair, including a boat building school ii marine navigation aids

D.5.5.2 Structures The buildings and structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Water Industrial 1 – Shipyard (WI1) zone:

a. Permitted Buildings and Structures i Buildings and structures for the permitted uses set out in this zone.

D.5.5.3 Regulations The general regulations in Part B, plus the following regulations apply in the Water Industrial 1 – Shipyard (WI1) zone:

a. Buildings and Structure Height Limitations

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Water Zones i The maximum height of:  floating structures, except signs designating lot or lease area boundaries, is 3.0 metres (9.8 feet) above the water surface; and  buildings and structures fixed to the bed of the sea is 10 metres (32.8 feet) above the high high water mark.

b. Buildings and Structures Siting Requirements i The minimum setback for buildings and structures is 3.0 metres (9.8 feet) from any lot line or lease line or extension of an upland side lot line, with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback.

D.5.6 Water Industrial 2 - Log Storage (WI2)

D.5.6.1 Permitted uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Industrial 2 – Log Storage (WI2) zone:

a. Permitted Principal Uses i log storage ii marine navigation aids

D.5.6.2 Structures The structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Water Industrial 2 – Log Storage (WI2) zone:

a. Permitted Structures i Pilings for the permitted uses set out in this zone.

D.5.6.3 Regulations The general regulations in Part B, plus the following regulations apply in the Water Industrial 2 – Log Storage (WI2) zone:

a. Structure Height Limitations i The maximum height of structures is 5.0 metres (16.4 feet) above the high high water mark.

b. Prohibitions i No buildings are permitted in this zone

D.5.7 Water Industrial 3 – Bulk Material Transport (WI3)

D.5.7.1 Permitted uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Industrial 3 – Bulk Material Transport (WI3) zone:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Water Zones

a. Permitted Principal Uses i barge unloading/loading ii log dump iii marine navigation aids

D.5.7.2 Structures The structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Water Industrial 3 – Bulk Material Transport (WI3) zone:

BL 279 a. Permitted Structures i Docks, ramps, floats, pilings and mooring buoys associated with barge unloading and loading. ii Pilings, dolphins, mooring buoys, floats, cribbing, and spillways associated with dumping, sorting, booming and storing of logs.

D.5.7.3 Regulations The general regulations in Part B, plus the following regulations apply in the Water Industrial 3 – Bulk Material Transport (WI3) zone:

a. Structure Height Limitations i The maximum height of:  floating structures, except signs designating lot or lease area boundaries, is 3.0 metres (9.8 feet) above the water surface; and  structures fixed to the bed of the sea is 5.0 metres (16.4 feet) above the high high water mark.

b. Structures Siting Requirements i The minimum setback for structures is 3.0 metres (9.8 feet) from any lot line or lease line or extension of an upland side lot line, with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback.

c. Prohibitions i No buildings are permitted in this zone.

D.5.8 Water Protection 1(WP1)

D.5.8.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Protection 1 (WP1) zone:

a. Permitted Principal Uses BL 279 i boat moorage, dockage, and boat launching facilities used for non-commercial purposes and associated with upland residential uses on Gabriola Island. ii marine navigation aids iii non-commercial boat launching facilities

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Water Zones D.5.8.2 Structures The structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Water Protection 1 (WP1) zone:

a. Permitted Structures i Floats, wharves, docks, mooring buoys, and other structures for the permitted uses set out in this zone.

D.5.8.3 Regulations The general regulations in Part B, plus the following regulations apply in the Water Protection 1 (WP1) zone:

a. Structure Height Limitations i The maximum height of:  floating structures is 1.0 metres (3.3 feet) above the water surface; and  structures fixed to the bed of the sea is 3.0 metres (9.8 feet) above the high high water mark.

b. Structures Siting Requirements i The minimum setback for structures is 3.0 metres (9.8 feet) from any lot line, lease line or extension of an upland side lot line, with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback.

c. Prohibitions i No buildings are permitted in this zone. ii No float, wharf, dock, mooring buoys, or other structure permitted in this zone may be used for a commercial or industrial use.

D.5.9 Water Protection 2 - Park (WP2)

D.5.9.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Protection 2 – Park (WP2) zone:

D.5.9.2 Permitted Principal Uses i boat moorage and boat launching facilities used for non-commercial purposes and associated with park uses ii marine navigation aids

D.5.9.3 Structures The structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Water Protection 2 – Parks (WP2) zone:

a. Permitted Structures i Floats, mooring buoys and other structures, excluding wharves and docks, for the permitted uses set out in this zone.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Water Zones D.5.9.4 Regulations The general regulations in Part B, plus the following regulations apply in the Water Protection 2 - Park (WP2) zone:

a. Structure Height Limitations i The maximum height of:  floating structures is 1.0 metres (3.3 feet) above the water surface; and  structures fixed to the bed of the sea is 3.0 metres (9.8 feet) above the high high water mark.

b. Structures Siting Requirements i The minimum setback for structure is 3.0 metres (9.8 feet) from any lot line, lease line or extension of an upland side lot line, with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback.

c. Prohibitions i No buildings are permitted in this zone. ii No float, mooring buoys or other structure permitted in this zone may be used for a commercial or industrial use.

D.5.10 Water Protection 3 - Lake (WP3)

D.5.10.1 Permitted Principal Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Protection 3 – Lake (WP3) zone:

a. Permitted Principal Uses i water storage

D.5.10.2 Structures The structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Water Protection 3 – Lake (WP3) zone:

a. Permitted Structures i Impoundment and pumping equipment.

D.5.10.3 Regulations The general regulations in Part B, plus the following regulations apply in the Water Protection 3 – Lakes (WP3) zone:

a. Prohibitions i No buildings are permitted in this zone.

D.5.11 Water Yacht Club Outstation (WYC)

D.5.11.1 Permitted uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Yacht Club Outstation (WYC) zone:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Water Zones a. Permitted Principal Uses i moorage and dockage associated with yacht club outstation use ii marine navigation aids

D.5.11.2 Structures The structures permitted in Article B.1.1.2, plus the following structures and no others are permitted in the Water Yacht Club Outstation (WYC) zone:

a. Permitted Structures i Mooring buoys, wharves, docks, floats, buoys and ramps for the permitted uses set out in this zone.

D.5.11.3 Regulations The general regulations in Part B, plus the following regulations apply in the Water Yacht Club Outstation (WYC) zone:

a. Structure Height Limitations i The maximum height of:  floating structures, except signs designating lot or lease area boundaries, is 3.0 metre (9.8 feet) above the water surface; and  of structures fixed to the bed of the sea is 5.0 metre (16.4 feet) above the high high water mark.

b. Structures Siting Requirements i Tthe minimum setback for structures is 3.0 metres (9.8 feet) from any lot line, lease line or extension of an upland side lot line, with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback.

c. Prohibitions i No buildings are permitted in this zone.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions

Part E - SUBDIVISION

E.1 GENERAL

E.1.1 Compliance with Zoning and the Minimum and Average Lot Area

E.1.1.1 Except as provided for in Section E.1.5, no lot may be created by subdivision that does not comply with the regulations contained in Part D of this bylaw or that renders an existing use, building or structure non-conforming with respect to a siting or density provision of this Bylaw.

E.1.1.2 Every subdivision must comply with applicable minimum and average lot areas specified by this Bylaw and for that purpose the average lot area of the proposed subdivision is the sum of the areas of the proposed lots divided by the number of proposed lots, as follows:

Total Area of Lots to be Subdivided divided by Number of Proposed Lots must equal or exceed Applicable Minimum Average Lot Area

E.1.1.3 Notwithstanding Section E.1.1.1 and in addition to any other subdivision that may be permitted pursuant to this Bylaw, the following subdivisions are permitted:

a. any lot that is split by a highway or by another lot into portions, each of which is 0.5 hectares (1.24) or more in area and each of which was in existence on January 1, 1980, may be subdivided such that the sole effect of the subdivision is to create a single parcel from each of these portions;

b. any lot that is split by a highway or by another lot into portions, each of which is 1.0 hectare (2.47 acres) or more in area and each of which was in existence on July 1, 1999 BL 250 may be subdivided such that the sole effect of the subdivision is to create a single parcel from each of these portions; and

c. parcel "A" (DD 73819I), Section 22, Gabriola Island, Nanaimo District, except Plan 45400 [PID 004-046-790], which is split by a highway into two portions, may be subdivided such that the sole effect of the subdivision is to create a total of two parcels.

BL 250 E.1.1.4 When a lot created by boundary adjustment exceeds the minimum areas required for accessory uses in Part D, then such lots created are permitted those accessory uses.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions

E.1.2 Average Lot Areas

E.1.2.1 For the purposes of determining compliance with average lot area regulations set out in Part D of this Bylaw, land dedicated in excess off the maximum amount of parkland required to be dedicated under Section 941 of the “Municipal Act” may be included in the in the area used to calculate the number of lots permitted and their average area.

E.1.3 Covenant Against Further Subdivision and Development

E.1.3.1 When a subdivision is proposed that yields the maximum number of lots permitted by the applicable average lot areas specified by this Bylaw and one or more of the lots being created has an area equal to or greater than twice the applicable average lot area, the applicant must grant a covenant complying with Subsection A.2.5 of this Bylaw and in a form complying with Appendix E, in respect of every such lot prohibiting further subdivision of the lot.

E.1.3.2 Where a subdivision is proposed that yields fewer than the maximum number of lots permitted by the applicable average lot areas specified by this Bylaw, and:

a. one or more of the lots being created has an area equal to or greater than twice the applicable average lot area; and

b. one or more of the lots being created has an area less than the applicable average lot area;

c. the applicant must grant a covenant complying with Subsection A.2.5 of this Bylaw, and in a form complying with Appendix E, in respect of every lot in Clause E.1.3.2a prohibiting the further subdivision of the lot so that a greater total number of lots is not created than would have been created had the previous subdivision created the maximum number of lots permitted by the applicable minimum and average lot areas specified by this Bylaw.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions E.1.3.3 Where the approval of a bare land strata plan creates common property on which this Bylaw BL 293 would permit the construction of a residential dwelling unit if the common property were a lot, June/2018 the applicant must grant a covenant complying with Subsection A.2.5 of this Bylaw, and under s.219 of the Land Title Act in favour of the Gabriola Island Local Trust Committee, in respect of the common property prohibiting the further subdivision of the common property, the construction of any dwelling unit on the common property, and the disposition of the common property separately from the strata lots.

E.1.4 Lots Divided By Zone Boundary

E.1.4.1 In the case of subdivisions where the lot being subdivided is split by a zone boundary (split- zoned), no additional lot may be created with an increased number of zones.

E.1.4.2 Where a lot proposed to be subdivided is split by a zone boundary (split-zoned), a separate BL 200 calculation of the number of permitted lots must be made for each portion and no lot may be BL 215 created in respect of any fractional area resulting from such a calculation.

E.1.5 Exceptions

E.1.5.1 The lot area requirements of Part D do not apply to:

a. a lot being created solely for the purpose of locating unattended equipment necessary for the operation of a water or sewer system, an automatic telephone exchange, an electrical substation, a pump/utility house, air or marine navigation aids, or similar public service facility or utility, provided a covenant complying with Subsection A.2.5 is provided restricting the use to that for which the exemption from the lot area requirement was based;

b. a lot being created for an ecological reserve or public park;

c. a lot being created by the consolidation of two or more lots into a single lot;

d. a lot being created for the provision of a residence for a relative under Section 946 of the “Municipal Act”, provided that the land being subdivided (the parent lot) is:

i within the Forest (F) zone, and has not previously been subdivided under Section 946 of the “Municipal Act” and has a minimum lot area of 60 ha*; or ii within the Agriculture (AG) zone, is in the Agricultural Land Reserve* and has not been subdivided under Section 946 of the “Municipal Act” within the previous 5 years; or iii within the Agriculture (AG) zone, is not in the Agricultural Land Reserve and has not been previously subdivided under Section 946 of the “Municipal Act” and has a minimum lot area of 8.0 hectares (19.77 acres)*; or BL 250 iv within any other zone, has not previously been subdivided under Section 946 of the “Municipal Act” and has a minimum lot area of 80 hectares (197.7 acres)*;

e. a subdivision created solely for the purpose of adding natural accretion to a lot;

f. a subdivision created solely for the purpose of dedicating land to the Crown; or

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions g. a lot created for access purposes for lots not fronting on a highway under Section 11(1)(b) of BC Reg. 334/79.

h. a lot being created by a boundary adjustment, provided that:

i no additional lots are created or any lot is not increased in area to an extent that more lots could be created than permitted by the minimum average lot area of this Bylaw prior to the boundary adjustment; ii no lot already below the minimum lot area for the zone is reduced in area by more than five percent of its area; and iii no lot at or above the minimum lot area for the zone is reduced in area by more than 10 percent of that minimum area.

For Information Purposes Only - See “Municipal Act, Section 946, Subdivision to Provide Residence for a Relative” for specific requirements

E.1.6 Lot Configuration Regulations

E.1.6.1 No panhandle lots may be created by a plan of subdivision within land zoned for commercial, industrial or multiple family use; any panhandle portion of a lot created in other zones must have a minimum width of 10.0 metres (32.8 feet).

E.1.6.2 Additional non-contiguous (split) lots capable of further subdivision under the lot area requirements of this Bylaw may not be created.

E.1.6.3 No lot may be created with a maximum depth exceeding five times the average width.

E.1.6.4 Pursuant to Section 941(1) of the “Municipal Act”, the highway frontage of any lot in a proposed subdivision must be at least ten percent of its perimeter unless waived by the Gabriola Island Local Trust Committee under Section 941(2) of the “Municipal Act”.

For information Purposes Only - Notwithstanding other provisions of this Bylaw and in exceptional circumstances only, the Approving Officer may permit a reduction of not greater than 5 per cent in the average and minimum lot areas stated in Part D of this bylaw, provided that in other respects the subdivision complies with this Bylaw and the Approving Officer is satisfied that it would be in the public interest and not injuriously affect the established amenities of adjoining or adjacent properties.

E.1.7 Disposal of Sewage

E.1.7.1 For each lot proposed to be created by subdivision, the applicant must demonstrate an area of land having sufficient area and appropriate characteristics to satisfy the “Heath Act - Sewage BL 212 Disposal Regulations”, for conventional septic tank or package treatment plant sewage disposal systems in respect of permitted buildings, structures and uses.

E.1.7.2 No sewage may be disposed of by means of discharge to a watercourse or the sea.

E.1.7.3 If it is proposed that sewage disposal will be located on a lot other than that on which it was generated, the applicant of the proposal much register against title on which the sewage disposal is to be allocated:

BL 215 a. an easement in favour of each lot to which sewage is generated and disposed; and

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions b. a statutory right-of-way in accordance with Subsection A.2.5 in favour of the Gabriola Island Local Trust Committee on lots in which sewage is to be disposed.

E.1.8 Water Supply Repealed by Bylaw 215

E.1.9 Drainage Requirements

E.1.9.1 Every subdivision must be designed and constructed to maximise the amount of natural drainage that is percolated into the ground and to minimise direct overland runoff.

E.1.9.2 Every surface drainage system must at minimum, be connected to and conform with the design capacity of existing systems located on adjacent land in order to provide for the continued capacity of the system serving the drainage basin in which the lot to be subdivided is located.

E.1.9.3 Every surface system must be connected to an arterial drainage system that must be located in statutory rights-of-way granted to the Crown or in dedicated highways.

E.1.9.4 Every surface drainage system developed on the lot to be subdivided must be designed so that the inlet flow line elevations and the capacity of the system are such that it will be capable or will be capable of conveying the 100 year storm peak rate of runoff for the entire fully developed drainage basin which the lot to be subdivided is located.

E.1.9.5 The surface drainage system must be designed and constructed so as to minimise scouring and the erosion of ditch banks.

E.1.9.6 In the case where storm water is discharged from a surface drainage system to the sea or a watercourse on or adjacent to the lot to be subdivided, the system must be constructed and designed such that storm water is retained in storage basins for the period of time necessary to allow for the setting out of silt and other suspended solids.

E.1.9.7 No watercourse or water body may be diverted, altered or used for the purpose of conveying storm water from the lot to be subdivided except in accordance with applicable provincial statutes.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions

BL 266 Part F – DEVELOPMENT PERMIT AREA GUIDELINES Information Note: Development Permit Areas are designated and described in Section 9 of the Gabriola Island Official Community Plan and their locations are shown in Schedules C and D of that Plan.

F.1 DP-1 The Tunnel

F.1.1 Applicability

F.1.1.1 The following activities shall require a development permit whenever they occur within the DPA:

a. subdivision of land

b. construction of, addition to, or alteration of a building or other structure

c. alteration of land

F.1.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required.

F.1.2 Guidelines Prior to undertaking any applicable development activities within DP-1, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply:

F.1.2.1 A 183 metre (600 foot) wide tree canopy and shrub buffer shall be retained along North Road, measured 90.8 metres (300 feet) on either side of the centre line of the existing right-of-way, except in the case of land in the ALR, in which case the canopy buffer shall not be less than 30 metres.

F.1.2.2 Construction within the buffer area shall be limited to:

a. roads

b. trails and

c. public utility works (within a road right-of-way)

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions F.1.2.3 Where a utility corridor crosses the buffer area, the alignment shall be perpendicular to North Road so as to minimize the removal or disturbance of natural vegetation.

F.1.2.4 Roads shall alter the natural vegetation as little as possible and the number of accesses to North Road shall be limited to two on each side of North Road.

F.1.2.5 Water supply storage, utility buildings and wells shall be located outside of the tree canopy area.

F.1.2.6 Trees greater than 30.4cm (12”) calliper, measured 5 feet from the ground, shall not be cut or damaged.

F.1.2.7 Where this area includes trees that bear the nests of eagles or other species of birds, a buffer area around each nest tree should be left undisturbed. The size of the buffer should be determined prior to development by a qualified professional, with advice from the Ministry of Environment or the Canadian Wildlife Service.

F.2 DP-2 Lock Bay Area

F.2.1 Applicability

F.2.1.1 The following activities shall require a development permit whenever they occur within the DPA: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land

F.2.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required.

F.2.2 Guidelines Prior to undertaking any applicable development activities within DP-2, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions F.2.2.1 There shall be no disturbance of the vegetation or use of chemicals within 30 metres of the natural boundary of the sea except in accordance with any conditions specified in the permit.

F.2.2.2 Garry oak meadows and similar indigenous species shall be identified and their habitats protected from disturbance.

F.2.2.3 There shall be no alteration or disturbance causing a negative impact to the foreshore habitat.

F.2.2.4 Buildings shall be integrated with the surrounding landscape and sited to minimize removal of vegetation.

F.2.2.5 An assessment of the environmental impact, including mitigation measures required, prepared by a qualified professional, shall be required prior to any new developments or the expansion of an existing development.

F.2.2.6 Existing trees and vegetation shall be retained along the upland area and adjacent to the foreshore in order to maintain the habitat and prevent erosion.

F.2.2.7 Septic systems shall not be constructed within 30 metres of the natural boundary of a watercourse (including a body of water or the sea).

F.2.2.8 Areas subject to flooding shall be subject to a 30 metre setback from the natural boundary of the sea, unless waived by the Ministry of Environment.

F.2.2.9 Where this area includes trees that bear the nests of eagles or other species of birds, a buffer area around each nest tree should be left undisturbed. The size of the buffer should be determined prior to development by a qualified professional, with advice from the Ministry of Environment or the Canadian Wildlife Service.

F.3 DP-3 Riparian Areas

F.3.1 Definitions F.3.1.1 Terms used in Section F.3 that are defined in the provincial Riparian Areas Regulation have the same meaning as the definition given in the Regulation, as it may be amended from time to time.

F.3.2 Applicability F.3.2.1 The following activities shall require a development permit whenever they occur within the DPA, unless specifically exempted under Policy F.3.3.1:

a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. removal, alteration or destruction of vegetation d. disturbance of soils e. creation of non-structural, impervious or semi-impervious surfaces f. application of artificial fertilizer, pesticides or herbicides g. any other development, as that term is defined under the provincial Riparian Areas Regulation

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions F.3.2.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required.

F.3.3 Exemptions F.3.3.1 The following activities are exempt from any requirement for a development permit. Despite these exemption provisions, owners must satisfy themselves that they meet any other applicable local, provincial or federal requirements.

a. for certainty, all uses that are not residential, commercial or industrial or accessory to such a use b. interior or exterior alterations, renovations, maintenance, reconstruction or repair to a pre- existing permanent building or structure to an extent that does not alter, extend or otherwise increase the footprint c. repair or replacement of a septic field on the same spot d. the removal of trees that have been examined by an arborist and certified to pose an immediate threat to life or property e. With the exception of nesting trees protected under Section 34 of the Wildlife Act, cutting of vegetation and trees more than 15 meters from the stream’s high water mark or the top of the ravine bank, provided the cutting is not a precursor to development, the roots/stumps are left in the ground, and the cutting does not result in land alteration f. gardening and yard maintenance activities, not involving the application of artificial fertilizer, pesticides or herbicides, within a pre-existing landscaped area, including mowing, pruning, planting, and minor soil disturbance that does not alter the general contours of the land g. manual removal of invasive species and manual planting of native vegetation conducted in accordance with best management practices h. pruning of not more than two trees in one growing season and that is conducted in accordance with the standards and recommendations of the International Society of Arboriculture, and that does not involve: the lift pruning of lower limbs to the 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 i. ecological restoration or enhancement projects undertaken or authorized by a public body j. work that is authorized by Fisheries and Oceans Canada by permit under Section 35 of the Fisheries Act k. emergency procedures to prevent, control or reduce immediate threats to life or property including: i emergency actions for flood-protection and erosion protection, ii clearing of an obstruction from a bridge or culvert or an obstruction to drainage flow, and iii repairs to bridges and safety fences carried out in accordance with the Water Act l. farm operations as defined in the Farm Practices Protection (Right to Farm) Act and farm uses as defined in Section 2(2) of the Agricultural Land Reserve Use, Subdivision, and Procedure Regulation and horticulture as defined in the Gabriola Island Land Use Bylaw 177 m. The construction of a fence if no native trees are removed and the disturbance of native vegetation is restricted to 0.5 meters on either side of the fence, or 1.5 meters on either side of the fence in agricultural areas n. The construction of a private trail if all of the 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

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions v Where the trail parallels the stream, the trail is more than 5 meters away from the high water mark of a stream. o. Disturbance of soils more than 15 meters from the stream’s high water mark or the top of the ravine bank if the total area of soil disturbance is less than 5 meters squared p. The constructing of a small accessory building such as a pump house, gazebo, garden shed or playhouse more than 15 meters from the stream’s high watermark or the top of the ravine bank if the building is located within an existing landscaped area and the total area of small accessory building is less than 10 meters squared Information Note: For best management practices on manual removal of invasive species and planting of native vegetation, property owners should contact organizations such as the 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.

F.3.4 Guidelines

Prior to undertaking any applicable development activities within DP-3, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply:

F.3.4.1 In general, all development in this DPA should be undertaken in a manner that restores or maintains the proper function and condition of the riparian area, water bodies and ecosystems. Where a Qualified Environmental Professional (QEP) or other professional has made recommendations for mitigation measures, 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 restoration and/or protection of riparian areas and ecosystems is consistent with the measures and recommendations described in the report. F.3.4.2 The development permit should not allow any development activities to take place within any Streamside Protection and Enhancement Area (SPEA) identified by the QEP and the owner should be required to follow any measures identified by the QEP for protecting the SPEA over the long term and these measures should be included as conditions of the development permit. The width of the SPEA may be less than the width of the DPA. F.3.4.3 Where a QEP or other professional’s report describes an area within the DPA as suitable for development, that is, where the SPEA is less than the width of the DPA, the development permit should only allow the development to occur in compliance with the measures described in the report. Monitoring and regular reporting by a QEP or other professional at the applicant’s expense may be required during construction and development phases, as specified in a development permit. F.3.4.4 If the nature of the proposed project within the DPA changes after the professional report has been prepared such that it is reasonable to assume that the professional’s assessment of the impact of the development may be affected, the Local Trust Committee may require the applicant to have the professional update the assessment at the applicant’s expense and development permit conditions may be amended accordingly. F.3.4.5 The Local Trust Committee may consider variances to the subdivision, siting or size regulations of this Bylaw where the variance may result in enhanced protection of a SPEA, riparian buffer or riparian ecosystem in compliance with recommendations of a professional’s report.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions F.4 DP-4 Flat Tops Islands Area

F.4.1 Applicability F.4.1.1 The following activities shall require a development permit whenever they occur within the DPA: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land F.4.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required.

F.4.2 Guidelines Prior to undertaking any applicable development activities within DP-4, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply:

F.4.2.1 There shall be no disturbance of the vegetation or use of chemicals within 30 metres of the natural boundary of the sea except in accordance with any conditions specified in the permit. F.4.2.2 Garry oak meadows and similar indigenous species shall be identified and their habitats protected from disturbance. F.4.2.3 There shall be no alteration or disturbance which would cause a negative impact to the foreshore habitat. F.4.2.4 Buildings shall be integrated with the surrounding landscape and sited to minimize removal of vegetation. F.4.2.5 Other than within existing marine lease areas, applicant shall provide an assessment of environmental impacts and mitigation measures, prepared by a qualified professional, prior to any expansions or new developments. F.4.2.6 Existing trees and vegetation shall be retained along the upland area and adjacent to the foreshore in order to maintain the habitat and prevent erosion. F.4.2.7 Septic systems shall not be constructed within 30 metres of the natural boundary of any watercourse (including a body of water or the sea). F.4.2.8 Areas subject to flooding shall be subject to a 15 metre setback unless waived by the Ministry of Environment. F.4.2.9 Where this area includes trees that bear the nests of eagles or other species of birds, a buffer area around each nest tree should be left undisturbed. The size of the buffer should be determined prior to development by a qualified professional, with advice from the Ministry of Environment or the Canadian Wildlife Service.

F.5 DP-5 Gabriola Pass Area

F.5.1 Applicability F.5.1.1 The following activities shall require a development permit whenever they occur within the DPA: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions F.5.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required.

F.5.2 Guidelines Prior to undertaking any applicable development activities within DP-5, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply:

F.5.2.1 Other than within existing marine lease areas, applicants shall provide an assessment of environmental impacts and mitigation measures, prepared by a qualified professional, prior to any expansions or new developments. F.5.2.2 There shall be no alteration or disturbance which would cause a negative impact to the foreshore habitat.

F.6 DP-6 Escarpment Areas

F.6.1 Applicability F.6.1.1 The following activities shall require a development permit whenever they occur within the DPA, unless specifically exempted under Policy F.6.2.1: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land. F.6.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required.

F.6.2Exemptions F.6.2.1 In cases where the Regional District building inspector requires a report from a geotechnical engineer, which outlines precautionary measures to be taken in avoiding a hazardous situation, a development permit under this section shall not be required.

F.6.3 Guidelines Prior to undertaking any development activities within DP-6, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply:

F.6.3.1 There shall be no construction of buildings, septic tanks, drainage and deposit fields, irrigation or water systems unless a geotechnical engineer recommends that such construction may occur without subjecting land in the escarpment area to increased slope instability.

F.6.3.2 There shall be no removal of trees or vegetation unless a geotechnical engineer recommends that such removal may occur without subjecting land in the escarpment area to increased slope instability.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions F.7 DP-7 The Village Centre

F.7.1 Applicability F.7.1.1 The following activities shall require a development permit whenever they occur within the DPA, unless specifically exempted under Policy F.7.2.1: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land F.7.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required.

F.7.2 Exemptions F.7.2.1 The following activities are exempt from any requirement for a development permit. Despite these exemption provisions, owners must satisfy themselves that they meet any other application local, provincial or federal requirements. a. building painting, structural alterations and repairs of a minor nature that do not require a building permit b. building repairs and maintenance where the materials to be used are of the same type and form as the existing materials c. the installation of carved wood signs on parcels where there are existing buildings, provided the signs do not exceed the maximum sizes permitted in this Bylaw BL 273 d. The installation of bicycle racks, bicycle or bus shelters or electric vehicle charging stations; e. additions resulting in less than a 5% increase in floor area of a principal building or an accessory building where no changes to landscaping or access to the site are proposed.

F.7.3 Guidelines

Prior to undertaking any development activities within DP-7, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply:

F.7.3.1 The character of each development shall be in keeping with the island environment and be capable of blending in with the aesthetic qualities of the natural surroundings. F.7.3.2 The development shall incorporate small scale building designs with such amenities as public walkways and outdoor open spaces for use by the public. F.7.3.3 Natural vegetation and trees shall be retained or planted and maintained for screening of parking and storage areas and to enhance the atmosphere of public open spaces. Safety and visibility shall be considered in landscape design. F.7.3.4 Lighting should be kept to the minimum necessary for pedestrian safety and visibility, in order to maintain a low level of light in the night-time atmosphere. F.7.3.5 Signs made from natural materials or incorporating material produced by local artisans and crafts people are encouraged. BL 273 F.7.3.6 Pedestrian requirements include accessible, safe and landscaped walkways connecting the street to the businesses. BL 273 F.7.3.7 Off-street parking shall be designed to be as unobtrusive as possible and where possible, located to the rear of the parcel away from public open spaces and eating areas and businesses should open to the street to create a greater sense of intimacy and walkability in the village core. F.7.3.8 On-site integrated storm water management plans prepared by a qualified professional shall be required and implemented to reduce impervious cover, promote infiltration and capture and

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions treat storm water runoff from 90% of the average annual rainfall using acceptable best management practices. F.7.3.9 Where a building or use provides more than 25 parking spaces, one electric vehicle charging station capable of at least 110V and 220/240V charging must be provided and marked with a sign or symbol identifying the space is reserved for charging/parking an electric vehicle, electric scooter or electric bicycle. F.7.3.10 Landscaping design and maintenance shall facilitate water retention, minimize the need for irrigation and discourage the use of lawns unless for a gathering or play area. F.7.3.11 Landscaped islands of trees and shrubs no smaller in area than 4 square metres (43 square feet) each shall be used in parking areas located at a minimum of every 15 stalls to break up expanses of paving and parking and capture and infiltrate runoff. F.7.3.12 Fifteen percent of the property shall be devoted to public open space with fifty percent of that amount along the road frontage. Storm water retention areas or rain gardens may be used to meet this requirement. F.7.3.13 Seventy-five percent of the designated public open space shall be contiguous with no portion less than two metres in width and designated spaces shall be connected, where possible, to public pedestrian paths or access points on adjacent properties or roads. F.7.3.14 Exterior surfaces of local and/or natural materials such as wood, stone or brick shall be encouraged. F.7.3.15 Facilities for recycling shall be provided in garbage collection areas.

F.8 DP-8 Multi-dwelling Affordable Housing

F.8.1 Applicability

F.8.1.1 The following activities shall require a development permit whenever they occur within the DPA, unless specifically exempted under Policy F.8.2.1: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land

F.8.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required.

F.8.2 Exemptions

F.8.2.1 The following activities are exempt from any requirement for a development permit. Despite these exemption provisions, owners must satisfy themselves that they meet any other applicable local, provincial or federal requirements. a. building painting, structural alterations and repairs of a minor nature that do not require a building permit b. building repairs and maintenance where the materials to be used are of the same type and form as the existing materials c. the installation of carved wood signs on parcels where there are existing buildings, provided the signs do not exceed the maximum sizes permitted in this Bylaw

F.8.3 Guidelines Prior to undertaking any development activities within DP-8, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply:

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions F.8.3.1 The character of the development shall be in keeping with the island environment and be capable of blending in with the aesthetic qualities of the natural surroundings. F.8.3.2 Natural vegetation and trees shall be retained or native vegetation planted and maintained for screening of parking and storage areas. Safety and visibility shall be considered in landscape design. F.8.3.3 Landscaping shall facilitate water retention. F.8.3.4 Facilities for recycling shall be provided in garbage collection areas. F.8.3.5 Lighting is to be kept to a minimum necessary for pedestrian safety and visibility. Lighting in off-street parking areas shall be adequate for security purposes. F.8.3.6 Signs made from natural materials or incorporating materials produced by local artisans and craft people are encouraged. F.8.3.7 Off-street parking shall be designed to be as unobtrusive as possible and, where possible, located to the rear of the parcel. F.8.3.8 Exterior surfaces of buildings and structure shall reflect a locally crafted character and be comprised of natural local materials such as wood or stone. F.8.3.9 Common area amenities shall be provided prior to alteration and/or occupancy. F.8.3.10 A vegetation screen shall be provided within the required setback area which provides and adequate visual screen of the intended use from an adjoining residential parcel. F.8.3.11 Bicycle storage areas and structures, bicycle and pedestrian paths and areas for community garden space shall be provided as a means of decreasing greenhouse gas emissions. F.8.3.12 Where possible, water conservation measures and energy efficient building siting and design shall be provided.

F.9 DP-9 Light Industrial Use

F.9.1 Applicability F.9.1.1 The following activities shall require a development permit whenever they occur within the DPA: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land

F.9.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required.

F.9.2 Guidelines Prior to undertaking any development activities within DP-9, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply:

F.9.2.1 The character of the development shall be in keeping with the island environment and, with the exception of points of access to the property, adequate natural vegetation screening shall be maintained along the perimeter of the property. F.9.2.2 No buildings shall be located closer than 30m from a watercourse of the high water mark of the sea. F.9.2.3 A site plan shall be provided to illustrate where on site the off-street parking and equipment storage is to be accommodated and in no case shall any equipment, materials or vehicles used in association with the industrial use be located on an adjoining parcel or a public road right-of-way.

BL307

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions F.11. DP-11 Environmental Protection

F.11.1 Applicability

F.11.1.1 The following activities shall require a development permit whenever they occur within the DPA, unless specifically exempted under Policy F.11.2.1: a. subdivision of land; b. construction of, addition to, or alteration of a building or other structure; c. alteration of land.

F.11.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required.

F.11.2 Exemptions

F.11.2.1 The following activities are exempt from any requirement for a development permit. Despite these exemption provisions, property owners must meet any other local, provincial or federal requirements:

a. Activities on land in respect of which the Islands Trust has received a written statement from a registered professional biologist with relevant experience certifying the absence of a sensitive ecosystem within the area that would be affected by the proposed work; b. Gardening and yard maintenance activities, not involving the application of artificial fertilizer, pesticides or herbicides, within a pre-existing landscaped area, including mowing, pruning, planting and minor soil disturbance that does not alter the general contours of the land; c. Manual removal of invasive species in accordance with best management practices; d. Manual planting of native vegetation conducted in accordance with best management practices; e. The construction of a trail if all of the following apply: i. The trail is 1 metre wide or less; ii. No native trees are removed; iii. The surface of the trail is pervious (for example, soil, gravel or wood chips); iv. The trail is designed to prevent soil erosion where slopes occur; and v. Where the trail parallels a stream, the trail is more than 5 metres away from the high water mark of the stream. f. The construction of a fence if no native trees are removed and the disturbance of native vegetation is restricted to 0.5 metres on either side of the fence; g. Ecological restoration and enhancement projects undertaken or authorized by a public body;

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions h. The reconstruction, repair or maintenance of a pre-existing permanent structure on its existing foundation, including general repair or replacement of a septic field on the same spot; i. Pruning or topping that is conducted in accordance with the standards and recommendations of the International Society of Arboriculture, and that does not involve: the lift pruning of lower limbs to the extent that the live crown ratio is less than 50%, the removal of more than 25% of the crown, or the pruning or removal of a structural root within the critical root zone; j. The removal of trees that have been examined by an arborist and certified to pose an immediate threat to life or property; k. The repair and maintenance of existing roads, driveways, paths and trails provided there is no expansion of the width or length of the road, driveway, path or trail, and no creation of additional impervious surfacing, including paving, asphalting or similar surfaces; l. Works undertaken by a local government or a body established by a local government; m. An application resulting in a lot consolidation.

F.11.3 Guidelines Prior to undertaking any development activities within DP-11 that are not exempted by F.11.2.1, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply:

F.11.3.1 Minimize the area cleared and disturbed for development within the context of the permitted use and density.

F.11.3.2 Site buildings and associated infrastructure to minimize removal of vegetation and to allow sufficient undisturbed space around retained significant mature or established trees to protect root systems.

F.11.3.3 Native vegetation and trees shall be retained wherever possible.

F.11.3.4 Vegetation clearing shall occur during the least risk timing window for bird species as recommended by a qualified professional. If works cannot be completed during this window, a qualified professional shall be retained to survey the area prior to clearing to rule out the presence of nesting birds or other species.

F.11.3.5 Where this area includes trees that bear the nest of eagles or other species of birds, a buffer area around each nest tree shall be left undisturbed. The size of the buffer shall be determined prior to development by a qualified professional, with advice from the provincial ministry responsible for the environment and wildlife or the Canadian Wildlife Service.

F.11.3.6 Avoid removal of mature and old Douglas-fir and western red cedar trees to the extent possible. Trees with unique identified wildlife habitat or unique habitat potential should be retained and incorporated into the design.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions

F.11.3.7 Where species at risk or critical habitat for species at risk have been observed, requirements to protect species at risk and mitigation measures shall be in accordance with the federal Species At Risk Act (SARA) and with the provincial Wildlife Act.

F.11.3.8 An assessment of the environmental impact, including mitigation measures required, prepared by a qualified professional, shall be required prior to any new developments or the expansion of existing development.

F.11.3.9 Additional conditions will be included in a development permit to incorporate any qualified professional recommendations within an environmental assessment.

F.11.3.10 Efforts shall be made in construction and maintenance activities to source goods, supplies and services on-island to reduce greenhouse-gas emissions related to transportation.

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions

PART G - DEFINITIONS

BL 266 G.1 DEFINITIONS BL 215 In this Bylaw:

accessory in relation to a use, building or structure means ancillary, secondary and exclusively devoted to a principal use, building or structure, expressly permitted by this Bylaw on the same lot or, where the accessory use is located on common property in a bare land strata plan, on a strata lot in the same strata plan; BL 303/ OCT 2021 agriculture growing, rearing producing or harvesting agricultural crops, livestock and other animals for economic gain and includes the processing on a lot of primary agricultural products harvested, reared or produced on that lot, plus the storage of machinery, implements and agricultural supplies for the farm, but excludes BL 275 cannabis production; agri-tourism a tourist activity, service or facility which is accessory to a farm operation, as defined in the Farm Practices Protection (Right to Farm) Act, where the land is classified as a farm under the Assessment Act, and, where the farm is in active operation each year; automotive service the retail sale of motor fuels, lubricating oils, automotive accessories, repair of motor vehicles, and the rental of trailers and motor vehicles; auto sales the retail sale of new or used vehicles capable of being licensed under the “Motor Vehicle Act”; Awning a roof-like cover that projects from the wall of a building or structure for the purpose of sheltering a doorway or window from the elements; bed and breakfast the accessory use of a principal residential dwelling unit for the overnight accommodation of transient paying guests in which breakfast is the only meal served; bluff means an area of land that has a minimum elevation separation of 6.0 metres (19.7 feet) and an average slope greater than 60 degrees; boathouse an accessory building or structure used exclusively for the storage or sheltering of a boat; boarder a person resident in a dwelling unit who receives lodging and regular meals for a fee; bottom culture mariculture the cultivation, rearing and harvesting of molluscs on the bed of the sea, excluding cultivation and rearing in the water column above the bed of the sea; building a roofed structure, including a mobile home, used or intended to be used for accommodating or sheltering any use or occupancy and: BL 180 1. within this Bylaw’s land-based zones, having a floor area not less than 10.0 square metres (107.64 square feet); 2. within water-based zones, there is no minimum floor area qualification; and 3. for purposes of this Bylaw, buildings connected by a covered walkway and located no more than 3.0 metres (9.8 feet) apart are deemed to be one building; building inspector a building inspector having jurisdiction within this Bylaw’s area of application; campground the use of an area for campsites;

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions campsite an area within a campground or tourist commercial zone intended for the BL 272 temporary occupancy by members of the travelling public who reside elsewhere accommodated exclusively in a tent, tent-trailer, camper vehicle, or recreation vehicle; BL 303/ OCT 2021 cannabis any plant of the genus Cannabis

BL 303/ cannabis production to develop, as permitted by the Cannabis Act (Canada) and regulations under OCT 2021 that Act a cannabis product by any method or process, including by: a. manufacturing it, b. synthesizing it, or c. altering its chemical or physical properties by any means; d. growing it or any living thing from which it may be extracted or otherwise obtained

BL 303/ cannabis product the plant material from cannabis and any article or substance that is OCT 2021 manufactured or refined that includes cannabis or cannabis derivatives intended for personal use;

caretaker residence a single family dwelling limited in floor area to 65.0 square metres (699.7 square feet) that is accessory to a principal regional park use; church a building principally devoted to religious worship and instruction and may include a church manse; BL 279 clubhouse a facility used by a club that does not provide for overnight accommodation except in a permitted single family dwelling; commons accessory commercial commercial activity that is ancillary, secondary and exclusively devoted to a BL 259 principal use, and that is intended solely for the benefit and support of community initiatives and community organizations based on the property; BL 259 commons accessory food depot an establishment for the distribution of food produced on the property or obtained from off the property for distribution to the public at no charge; BL 259 commons accessory office and storage space identified for the management and direction of activities on the parcel and the provision of administration space for other non-profit or not for profit enterprises, including the storage of materials necessary for conducting activities on the parcel, but excludes such uses as retail sales, manufacturing, and BL 259 professional services; commons accessory public assembly indoor and outdoor gatherings, meetings, and events and includes infrastructure BL 279 necessary to support these activities, such as washroom facilities, dining hall, and institutional kitchen facilities; BL 259 commons agriculture community based agricultural uses that include; growing, rearing, producing or harvesting agricultural crops, livestock and other animals and includes the processing on a lot of primary agricultural products harvested, reared or produced on that lot, plus the storage of machinery, implements and agricultural supplies for the farm, and includes the sale of agricultural products grown or raised on the lot, but specifically excludes intensive agriculture; BL 259 commons institutional the provision of special purpose services including educational and interpretive activities, without the purpose of gain, provided by non-profit or not for profit enterprise for the benefit of residents of Gabriola Island, and includes skateboard park structures; BL 222 community resource centre a building, structure, facility or use intended to support community initiatives and organizations but does not include commercial enterprise or for profit endeavours; community sewer system a sewage disposal system serving two or more lots and that is operated by a Public Authority;

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions community water system a water supply provided to five or more lots and that is operated by a Public BL 293 Authority; June/2018 covered walkway a walkway area adjacent to an exterior building wall that is sheltered by a roof or Awning and not enclosed on its exterior sides except for railings and/or roof or canopy supports; derelict vehicle any vehicle that has been unlicensed for two or more consecutive years that is visible from adjacent land; dockage securing of a vessel to a dock; BL 250 dwelling unit one or more rooms in a building, designed, occupied or intended for human habitation containing one set of cooking facilities and/or the infrastructure designed, used or intended to be used for the preparation and cooking food, and used as a residence by a single family; BL 293 dwelling - single family a detached building consisting of one dwelling unit; dwelling, two family a building consisting of two principle dwelling units; BL 307 dwelling - multiple family a building consisting of three or more principal dwelling units with common or individual cooking facilities; ecological reserve an area of land (water) established as an ecological reserve under the “Ecological reserves Act”; emergency services an emergency facility use comprising a fire hall, police station, helicopter pad or ambulance station; BL 220 farm equipment mechanical devices used in the production of livestock or crops, including, but not limited to, harvesters, loaders, slaughter machinery, agricultural tractors, farm engines, farm trailers, farm carts and farm wagons; BL 275 farm product a commodity that is produced from a farm use as defined in the Agricultural Land Commission Act; BL 220 farm supply centre a business for the retail sale of farm supplies, but excluding the sale of farm equipment; BL 275 farm worker housing a manufactured home authorized by the Agricultural Land Commission and used for the residential accommodation of a full-time farm employee who is required for the farm operation; fence a structure used as an enclosure or separation; BL 212 floor area the total area of all floors for each storey of a building measured to the interior surface of the exterior walls and if there are no walls, measured to the outer BL 273 edge of the drip line, and for purposes of calculating floor area, the following apply: 1. all areas of a building having a floor and ceiling at least one metre apart constitute a storey; 2. the floor area occupied by any cistern used for the collection of rainwater for BL 250 domestic use or fire protection is excluded; and 3. covered walkways up to 1.8 metres (5.9 feet) in width adjacent to a building’s exterior walls in this Bylaw’s Commercial and Institutional zones are excluded; BL 273 BL 293 June/2018 4. a sustainable energy systems utility room; in a secondary suite, up to a maximum of 2.3 square metres (25 square feet) is excluded. floor area ratio the figure obtained by dividing the floor area of all buildings on the lot by the lot area; BL 279

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions forestry all activities related to the establishment and management of forested areas, and includes harvesting of timber and related forest cover resources, forest seed orchards and nurseries; frontage a lot line contiguous with a highway, (road) or any other way open to public use; garden centre a business for the cultivation and retail sale of plants and garden supplies; BL 185, BL 212 grade the elevation existing at the intersection of the ground surface and a building or BL 186 structure;

habitable area any room or space within a building or structure, which can be used for human BL 279 occupancy, commercial sales, or storage of goods, possessions, or equipment (including furnaces) that would be subject to damage if flooded;

height the vertical distance between the highest point of a building or structure and the average grade of the ground at the perimeter of a building or structure and is determined by finding the grade elevation at the midpoints of all exterior walls and if there are no walls, the supports or posts, calculating their average, and then using that average as a base grade from which height is vertically measured BL 226 to the building’s highest point; home industry a home occupation where the permitted uses are construction and repair of heavy equipment, boats, trailers or the body of a vehicle, contractor yards, and water distribution; BL 199 home occupation a business, trade, profession, or the production and or sale of goods, where such activities are accessory to a principal residential use, and where a resident of the lot carries out, operates and is the principal worker; home school a school sanctioned by School District 68 having no more than 15 students on- site at one time; no more than 30 students enrolled in the school at one time, BL 303/ with no buzzers or external amplified sound system; OCT 2021 horticulture the cultivation of fruits, vegetables, or ornamental plants for economic gain, but exclude cannabis production; household storage the commercial use of a building for the rental of individual lockers for the storage of household items, where individual lockers are accessed from within the building; BL 275 immediate family with respect to an owner, the owner’s: (a) parents, grandparents and great grandparents, (b) spouse, parents of spouse and stepparents of spouse (c) brothers and sisters, and (d) children or stepchildren, grandchildren and great grandchildren BL 275 intensive agriculture the use of land, buildings and other structures by a commercial enterprise or an institution for the confinement of poultry, livestock or fur bearing animals, or the growing of mushrooms;

BL 266 landscaped area an area significantly altered by human activity where there is the continuous maintenance of no vegetation, cultivated vegetation and/or landscape materials, including but not limited to stones, boulders, cobbles, pavers and decorative concrete;”

legal non-conforming with respect to buildings or structures means construction which does not conform to the provisions of this Bylaw and existed lawfully at the time of its adoption; and with respect to use means a specific use of land, buildings or structures which does not conform to the provisions of this Bylaw and existed lawfully at the time of its adoption;

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions light Industry means processing, fabricating, assembling, storing, transporting, distributing, wholesaling, testing, servicing, repairing or salvaging goods or materials; BL 186 limited milling and planing the sawing of logs into timbers, rough lumber, or shingle or shake blocks; the planning of timbers or rough lumber; and the sawing of blocks into shingles or the splitting of blocks into shakes during the hours of 8:00 am to 5:00 pm, Monday to Saturday, inclusive BL 186 limited public market the open air sale of goods and crafts during a maximum two days a week, between the hours of 8:00 am and 4:30 pm.; lot any parcel, block or other area in which land is held or into which it is subdivided, whether under the “Land Title Act” or the “Bare Land Strata Regulations” under the “Strata Property Act”; lot coverage the total area covered by buildings and structures measured within the outer most walls, or if there are no walls, measured to the outer edge of the drip-line; lot line the legally defined boundaries of any lot and in the case of tenures under the “Land Act”, the boundaries of the lease area; lot line - front the lot line common to the lot and the abutting highway, or access route under the “Strata Property Act”, and where there is more than one lot line common to a highway or access route, the following rules must apply: 1. the shortest lot line greater than 20.0 metres (65.6 feet) is the front lot line, except where there are no lot lines greater than 20 metres (65.6 feet) abutting a highway in which case the longest lot line abutting a highway is the front lot line; 2. where there are three or more lot lines, and one of the lines is a corner-cut, one of the other lot lines is the front lot line based on Rule 1; and 3. where there are more than two lot lines defining a curve, including any tangents making up the curve in a highway or access route under the “Strata Property Act”, all such lot lines defining the curve must be considered to be one lot line for the purpose of using Rule 1.

lot line – exterior side the property line common to the lot and an abutting highway, or access route under the “Strata Property Act”, that is not the front lot line; lot line –interior a lot line that does not abut a highway, or access route under the “Strata Property Act”; marina the commercial use of a water area for the accommodation of vessels and includes the installation of floats, wharves, piers, ramps and walkways and the provision of dockage services, but does not include yacht clubs or yacht club outstations;

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

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions long continued in all ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself; and in the case of a legal surveyed boundary, that boundary must be deemed to be the natural boundary provided the legal surveyed boundary is land-ward of the natural boundary; occasional in relation to home occupations uses comprising of the sale of goods not produced on the lot and artistic performances means no more than 8 days per calendar year; pad a surface on which blocks, posts, runners, or strip footings are placed for the purpose of supporting a manufactured home or other habitable area; BL 279 panhandle that portion of a lot that is 20.0 metres (65.6 feet) wide or less and is used solely for access purposes; BL 273 parking area an area within a building, structure or an exterior area used for the parking of motor vehicles and bicycles; BL 273 parking space a space within a parking area for the parking of one motor vehicle or bicycle; park – provincial an area of land (water) established as provincial park under the “Park Act”; park – regional an area of land (water) established as a regional park under the “Park (Regional) Act”; personal care facilities a use providing for the care of the sick, injured or aged, other than a public hospital, and includes nursing homes, private hospitals and convalescent homes; BL 220 personal service the commercial use of providing service assistance, rather than goods or products, in the care of a person, but excludes dry cleaning and laundry service; personal water craft a vessel less than 4.6 metres (15.0 feet) in length that is propelled by machinery, commonly a jet pump, and designed to be operated by a person standing, kneeling or sitting on the vessel, rather than standing, kneeling or sitting inside the vessel; principal in relation to use, building, or structure means the main or primary use, building or structure; private clubs and lodges a building and related facilities owned or operated by a corporation, association, or group of individuals established for fraternal, social, education, recreational, or cultural enrichment of its members and not primarily for profit and whose members pay dues and meet certain prescribed qualifications for membership; produce stand a structures used for the for the sale of agricultural products that is sited on a lot, or an adjacent lot owned by the same owner, on which the products have been grown or reared;

BL 279 public assembly and recreation indoor or outdoor use associated with a hall, auditorium, church, or indoor recreation facility but does not include any use or facility operated on a commercial basis for profit; BL 250 public utilities a use providing for facilities for water, sewer, electricity, telephone, and broadcast transmission provided such a use or facility does not have or require on site staff to operate the utility, and is established by one of the levels of government, a corporation or company regulated by a government commission, but excludes radio or television broadcast towers and energy generation or production for sale off the lot on which it is produced; public wharf a wharf serving the general public for the purposes of loading and unloading of people, goods and material plus the accommodation of vessels; BL 212 pump/utility house an accessory building or accessory structure that is used only for the purposes of housing a well head and water pumping devices and/or electrical power or communication connection and service devices, or a combination thereof;

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions

BL 238 residence 1. the occupancy or use of a dwelling unit for the permanent domicile or home life of a person or persons; or 2. the occasional or seasonal occupancy of a dwelling unit as a dwelling by an owner who has a permanent domicile elsewhere or by non-paying guests of such an owner, and for these purposes, owner includes a tenant under a residential tenancy agreement, and for certainty, residence does not include tourist accommodation use, commercial vacation rental or any occupancy of a dwelling unit by persons entitled to such occupancy under a time share plan as defined in the Real Estate Act or successor legislation; BL 307 residential rental tenure means the granting of a right to occupy a dwelling unit as living accommodation where the minimum occupancy period is thirty consecutive days, and where the dwelling unit is not owned by a dwelling unit occupant, but where regular payments are made to the owner for the use of the dwelling unit

restaurant an eating establishment providing for the sale of prepared foods and beverages BL 279 to be consumed on or off the premises, and many include café, delicatessen, and take-out restaurant, but specifically excludes neighbourhood pub, drive-in and drive-thru establishment;

sales distributorship in relation to a home occupation means the sale of goods not produced on the lot on which the home occupation is located, where the goods are delivered or mailed by the distributor to the customer, and where the customer at no time enters onto the lot to view the goods or complete the sale transaction; school a school as defined by the “Schools Act”, or the “Independent Schools Act” and does not include overnight accommodation;

BL 275 seasonal a use or activity in a facility or area for less than seven consecutive months of BL 275 the year. secondary suite a self-contained dwelling unit consisting of one or more habitable rooms and a cooking facility for residential occupancy accessory to a principal dwelling unit BL 293 located on the same lot. setback the horizontal distance that a building or structure must be sited from a specified BL 275 lot line, building, structure or other point; shooting range a place that is designed or intended for the safe discharge, on a regular and BL 279 structured basis, of firearms for the purpose of target practice or target shooting competitions, that does not operate outside the hours of 9 am and 5 pm and operates no more than 6 days a week; short term the use of bedroom accommodation for agri-tourism for a period of not more than 30 consecutive days. BL 250 single family one or more persons living as a single household; sign any device or medium, including its supporting structure and lighting or electrical BL 291 5/2017 system, which is visible from any street or lot, and which is used to attract attention for advertising, direction, information, or identification purposes. BL 291 5/2017 sign area the entire area within a continuous perimeter, enclosing the extreme limits of a sign display, including any frame or border; and for these purposes, the area of a double-faced sign is considered to be the area of one face only.” BL 291 sign, derelict any sign which has been abandoned, discarded, or otherwise neglectfully 5/2017 maintained to such an extent that it has fallen into disrepair. BL 291 5/2017 sign, externally illuminated any sign lit by a separate light source that casts light directly on the face of the sign, and includes signs illuminated with reflective material.

BL 291 5/2017

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions sign, internally illuminated any sign lit directly or indirectly by a light source located within the sign itself, and includes illumination designed to project light against the surface behind the sign lettering or graphic, commonly referred to as back-lighting or halo-lighting. BL 291 5/2017 sign, multi-party any sign which consolidates the direction of traffic to multiple businesses, excluding home occupations.

BL 291 sign, obsolete any sign which is no longer relevant because of the discontinuance of the 5/2017 business, service, activity or event which it advertises or directs attention to.

BL 291 sign, temporary any sign which is portable in nature and is displayed for a specified time limit. 5/2017 sign, temporary directional any sign which is portable in nature, is displayed for a specified time limit, and BL 291 which directs traffic to an institution or a business, including a home occupation. 5/2017 sign, third party a sign that advertises or directs attention to an occupancy of land, a use, BL 291 5/2017 product, location, service, or other matter at a location other than where the sign is located, erected, or displayed. For the purposes of this bylaw, a multi-party sign is not considered a third party sign. BL 291 sign, window a sign within a building, affixed on or located within 600mm of the inside of a 5/2017 window.

BL 275 sleeping unit a) a bedroom in a dwelling or b) a tent or recreational vehicle on a campsite used for agri-tourism accommodation. storey all the areas of a building having a floor and ceiling at least one metre apart; BL 200 structure anything constructed or erected that is fixed to, supported by or sunk into land or BL 279 water, whether underwater or otherwise, excluding vehicles except for vehicles used as a restaurant where a restaurant is a permitted use, floating vessels, paving for vehicle parking, sidewalks, and sewage absorption fields; for clarity, BL 275 swimming pools, dugouts, cisterns, above ground septic tanks and detached ground level decks are considered structures; sustainable energy systems utility room a room used for the installation and use of solar photo voltaic and solar domestic BL 293 hot water conduits, electrical hardware or tanks; inverters; charge controllers; June/2018 grey water treatment and/or heat pump components.

BL 275 temporary a use or activity in a facility or area that is established and used on a limited time basis for agri-tourism activities, for less than seven consecutive months of the year. The building or structure may be used for other permitted uses during the course of or for the remainder of the year. tourist accommodation the use of a tourist accommodation unit on an overnight basis by members of the travelling public who reside elsewhere; tourist accommodation unit a room or suite of rooms used by a registered party composed of one or more members of the travelling public who reside elsewhere; unit owner 1. registered owner of one or more accommodation units or campsites including the spouse, children and parents of the registered owner and the parents of the registered owner’s spouse; 2. where there is more than one registered owner of one or more accommodation units or campsites all the registered owners, including their spouses, children, parents and parents of their spouses; and 3. where the registered owner of one or more accommodation units or campsites is a corporation or corporations, all directors, officers, shareholders and employees of the corporation or corporations, including

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Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions the spouse, children and parents of each of them, together with the corporation or corporations; urgent care medical clinic urgent care medical clinic means an establishment where patients are admitted for urgent acute care examination and treatment on an outpatient basis by one or more physicians, psychologists, social workers, medical personnel or other health care professionals and where patients may be lodged for one night in an emergency; vessel an inanimate object designed for and capable of navigation on the water; watercourse any natural or man-made depression with well defined banks and a bed 0.6 metres (2.0 feet) or more below the surrounding land serving to give direction to a current of water at least six months of the year or having a drainage area of two square kilometres or more as required by a designated official of the Ministry of Environment of British Columbia; BL 233 water sales the processing, bottling, storage, shipping, distribution or sale of water extracted or produced on the lot for commercial purposes, but excludes distribution of water via a community water system approved and regulated by a government agency, authority or Crown corporation and excludes the distribution of water that is extracted under a valid temporary commercial and industrial use permit and which is delivered off-site; yacht club outstation the non-commercial use of land and shore-based facilities for private recreational purposes associated with the non-commercial use of adjacent waters for the temporary moorage and temporary dockage of yacht club member vessels and guest vessels; and zone a zone as established by this Bylaw.

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Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map

BL 236 Schedule B – Zoning Map Legend Zone Zone Name Schedule A Cross-Reference Residential Zones SRR Small Rural Residential D.1.1 LRR Large Rural Residential D.1.2 SSN Seniors and Special Needs D.1.3 Resource Zones AG Agriculture D.2.1 F Forestry D.2.2 FWR1 Forestry Wilderness/Recreation 1 D.2.3 R Resource D.2.4 RR1 Resource Residential 1 D.2.6 GP Gravel Pit D.2.7 Commercial and Industrial Zones GC Gabriola Commons Comprehensive Development Zone D.2.8 VC1 Village Commercial 1 D.3.1 VC2 Village Commercial 2 – Professional Centre D.3.2 DC1 District Commercial 1 D.3.3 LC1 Local Commercial 1 – Neighbourhood Pubs D.3.4 LC2 Local Commercial 2 - Restaurants D.3.5 LC3 Local Commercial 3 – Garden Centres D.3.6 FP Ferry Parking D.3.7 TC1 Tourist Commercial 1 D.3.8 TC2 Tourist Commercial 2 – Campgrounds D.3.9 I Industrial – Light D.3.10 Recreation and Institutional Zones P1 Parks 1 – Provincial and Regional D.4.1 P2 Parks 2 – Passive Recreation Community Park D.4.2 P3 Parks 3 – Active Recreation Community Parks D.4.3 IN1 Institutional 1 D.4.4 IN2 Institutional 2 D.4.5 IN3 Institutional 3 D.4.6 IN4 Institutional 4 D.4.7 YC Yacht Club Outstation - Upland D.4.8 Water Zones WG Water General D.5.1 WC1 Water Commercial 1 – Marina D.5.2 WC2 Water Commercial 2 – Mariculture D.5.3 WC3 Water Commercial 3 - Marine Transportation D.5.4 WI1 Water Industrial 1 – Shipyard D.5.5 WI2 Water Industrial 2 – Log Storage D.5.6 WI3 Water Industrial 3 – Bulk Material Transport D.5.7 WP1 Water Protection 1 D.5.8 WP2 Water Protection 2 D.5.9 WP3 Water Protection 3 D.5.10 WYC Water Yacht Club Outstation D.5.11

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Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map

Schedule B is in two versions, both of which are a part of this Bylaw.

An 11 X 17 version, with four insets, is attached to this Bylaw.

A 1:10,000 version, in two sheets, is available for viewing or purchase from the Victoria office of the Islands Trust

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Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map

Schedule B - Inset 1

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Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map

Schedule B - Inset 2

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Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map

BL 250 Schedule B - Inset 3

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Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map

Schedule B - Inset 4

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

Schedule C - Map 1 Bylaw No. 190 – Amended Map 1 Bylaw No. 213 – REPEALED Map 1

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

BL 190 Schedule C - Map 2 Lands referred to in Items D.1.3.2.a.i and D.1.3.3.e.i of Schedule A (Cross-hatched Lots 1 through 12 inclusive, Strata Plan VIS2249 and Lots 1 through 16 inclusive, Strata Plan VIS3344, Section 19, all Gabriola Island, Nanaimo District)

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

Schedule C - Map 3 BL 190 Lands referred to in Item D.2.1.1.a.iv of Schedule A (Cross-hatched portions of: Section 11 and 13; and, Lots 1 and 2, Plan 57010, Section 11, all Gabriola Island, Nanaimo District)

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

BL 193 Schedule C - Map 4 BL 190 Lands referred to in Item D.2.4.1.a.iii of Schedule A (Cross-hatched SW1/4 of the NW1/4 of Section 8, Gabriola Island, Nanaimo District)

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

Schedule C - Map 5 Bylaw No. 190 – Amended Map 5 Bylaw No. 272 – REPEALED Map 5

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

Schedule C - Map 6 BL 190

Lands referred to in Item D.4.4.1.a.vi of Schedule A (Cross-hatched Lot A, Plan 62444, Section 22, Gabriola Island, Nanaimo District)

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

BL 190 Schedule C - Map 7 Lands referred to in Item D.4.4.1.a.vii of Schedule A (Cross-hatched Lot C, Plan 60373, Section 19, Gabriola Island, Nanaimo District)

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

BL 190 Schedule C - Map 8

Lands referred to in Item D.4.4.1.a.viii of Schedule A (Cross-hatched Lot 1, Plan 15573, Section 3, Gabriola Island, Nanaimo District)

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

BL 190 Schedule C - Map 9 Lands referred to in Item D.5.2.1.a.vi of Schedule A (Bold outlined portion of Water Lot 236, Northumberland Channel, Nanaimo District)

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

Schedule C – Map 10 BL 210 Lands referred to in Item d.3.8.1.a.viii of Schedule A (Cross-hatched Lot A, Plan 21876, Section 5, Gabriola Island, Nanaimo District)

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

Schedule C – Map 11

BL 212 Lands referred to in Item D.1.3.3.d.i of Schedule A (Cross-hatched Strata Plan VIS5013, Section 20, Gabriola Island, Nanaimo District)

”

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

Schedule C – Map 12 BL 220 Lands referred to in Subsection D.3.6 of Schedule A (Cross-hatched Lot B, Plan VIP60373, Section 19, Gabriola Island, Nanaimo District)

”

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

Schedule C – Map 13 BL 222 Lands referred to in Section D.4.4 of Schedule A (Cross hatched Lot A, Plan 24592, Section 19, Gabriola Island, Nanaimo District)

”

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Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones

Schedule C – Map 14 BL 293 June/2018 DELETED

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Gabriola Island Land Use Bylaw No. 177 - Appendixes

BL 236 Schedule C – Map 15

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Gabriola Island Land Use Bylaw No. 177 - Appendixes

BL 272 Schedule C – Map 16

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Gabriola Island Land Use Bylaw No. 177 - Appendixes

Schedule C – Map 17

Lands referred to in Items D.3.8.1.a.v and D.3.8.1.a.viii of Schedule A (Lot 1, Plan VIP41077, Section 5, Land District 32, Gabriola Island; PID 000-462-357)

BL 309 June/2021

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Gabriola Island Land Use Bylaw No. 177 - Appendixes

APPENDIX A - Forestry/Wilderness Recreation(FWR) Zone Example This appendix is for information purposes only.

Permitted Uses In addition to the uses permitted in Article B.1.1.1, the following uses and no others are permitted in the Forestry/Wilderness Recreation (FWR) zone:

Permitted Principal Uses ii forestry iii forest wilderness oriented recreation iv ecological reserves v environmental protection

Buildings and Structures

Specific buildings and structures regulations will be determined at the time of rezoning

Regulations

Lot Area Requirements for Subdivision The minimum lot area is the lot area at the time of rezoning to Forestry/Wilderness Recreation. Lots in this zone have no subdivision potential.

Specific regulations will be determined at the time of rezoning .

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Gabriola Island Land Use Bylaw No. 177 - Appendixes

APPENDIX B - Resource Conservation(RC) Zone Example This appendix is for information purposes only.

Permitted Uses In addition to the uses permitted in Article B.1.1.1, the following uses and no others are permitted in the Resource Conservation (RC) zone:

Permitted Principal Uses wilderness recreation forestry environmental protection ecological reserve

Buildings and Structures

Specific buildings and structures regulations will be determined at the time of rezoning

Regulations

Lot Area Requirements for Subdivision The minimum lot area is the lot area at the time of rezoning to Resource Conservation. Lots in this zone have no subdivision potential.

Specific regulations will be determined at the time of rezoning

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Gabriola Island Land Use Bylaw No. 177 - Appendixes

APPENDIX C – Resource Residential (RR) Zone Example This appendix is for information purposes only.

Permitted Uses In addition to the uses permitted in Article B.1.1.1, the following uses and no others are permitted in the Resource Residential (RR) zone:

Permitted principal uses single family residential agriculture horticulture

Permitted Accessory Uses home occupation, subject to Section B.3 processing and sale of agricultural products, limited to those grown or raised on the lot

Buildings and Structures

Specific buildings and structures regulations will be determined at the time of rezoning

Regulations

Buildings and Structures Permitted Numbers and Area maximum of one single family dwelling per lot

BL 236 Lot Area Requirements for Subdivision The minimum lot area is 2.0 hectares (4.94 acres) and may be reduced to a minimum of 1.0 hectares (2.47 acres) on a site specific basis in which community sewer and community water systems may be required.. The minimum average lot area is 8.0 hectares (19.76 acres)*

*Note for Information Purposes Only – The minimum average lot area may be reduced to not less than 2.0 hectares (4.94 acres) to the extent necessary to accommodate the transfer of residential density. See OCP Policy 5.1(g).

Specific regulations will be determined at the time of rezoning

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Gabriola Island Land Use Bylaw No. 177 - Appendixes

APPENDIX D – Well Testing Guidelines Repealed by Bylaw 215

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Gabriola Island Land Use Bylaw No. 177 - Appendixes

APPENDIX E – Subdivision Restrictive Covenant

TERMS OF INSTRUMENT-PART 2 THIS AGREEMENT dated for reference [insert month, day, year] is

BETWEEN:

[Insert as applicable name(s) of Landowner(s), company(s), the name of the Act the company is incorporated under, full address]

(the "Owner")

AND:

Gabriola Island Local Trust Committee, a corporation under the Islands Trust Act (British Columbia), having an office at 200 – 1627 Fort Street, Victoria, British Columbia, V8R 1H8

(the "Local Trust Committee")

WHEREAS Gabriola Island Land Use Bylaw, 1999 permits the subdivision of land into lots having an area equal to or greater than the specified minimum lot area for the relevant zone where the average area of all lots created by subdivision is at least equal to the minimum average lot area specified for that relevant zone;

WHEREAS the Owner is the owner in fee simple of [insert legal description and parcel identity number] in the Gabriola Island Local Trust Area, and the Owner wishes to subdivide the land into [insert the number of proposed lots including the remainder parcel] lots of which lots [insert lot numbers to be covenanted] (the “Land”) are further subdividable; and

WHEREAS the Gabriola Island Land Use Bylaw, 1999 requires the Owner to grant to the Local Trust Committee a covenant pursuant to s.219 of the Land Title Act prohibiting [restricting] the further subdivision of the Land.

THIS AGREEMENT is evidence that in consideration of payment of $1.00 by the Local Trust Committee to the Owner (the receipt of which is acknowledged by the Owner), and in consideration of the promises exchanged below, the Owner covenants and agrees with the Local Trust Committee in accordance with s.219 of the Land Title Act as follows:

Covenant

Bylaw No. 236

1. The Land shall not be subdivided by subdivision plan, strata plan, leasehold subdivision Section 946 (subdivision to provide residence for a relative) of the Local Government Act or otherwise howsoever.

[OR]

1. [Insert new legal description of lots to be covenanted] shall not be subdivided into more than [insert number of possible lots here] lot(s). [repeat for other lot(s) only if their subdivision potential differs]

Obligations

2. The parties agree that this Agreement creates only contractual obligations and obligations arising out of the nature of this document as a covenant under seal. The parties agree that no tort obligations or liabilities of any

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Gabriola Island Land Use Bylaw No. 177 - Appendixes kind exist between the parties in connection with the performance of, or any default under or in respect of, this Agreement. The intent of this section is to exclude tort liability of any kind and to limit the parties to their rights and remedies under the law of contract and under the law pertaining to covenants under seal.

Indemnify

3. The Owner releases, and must indemnify and save harmless, the Local Trust Committee, its elected and appointed officials and employees, from and against all liability, actions, causes of action, claims, damages, expenses, costs, debts, demands or losses suffered or incurred by the Owner, or anyone else, arising from the granting or existence of this Agreement, from the performance by the Owner of this Agreement, or any default of the Owner under or in respect of this Agreement.

No Effect on Laws or Power

4. Where the Local Trust Committee is required or permitted by this Agreement to form an opinion, exercise discretion, express satisfaction, make a determination or give its consent, the Owner agrees that the Local Trust Committee is under no public law duty of fairness or natural justice in that regard and agrees that the Local Trust Committee may do any of those things in the same manner as if it were a private party and not a public body.

5. This Agreement does not

(a) affect or limit the discretion, rights or powers of the Local Trust Committee under any enactment (as defined in the Interpretation Act, on the reference date of this Agreement) or at common law, including in relation to the use or subdivision of the Land;

(b) affect or limit any enactment relating to the use or subdivision of the Land, or

(c) relieve the Owner from complying with any enactment, including in relation to the use or subdivision of the Land.

Covenant Runs with the Land

6. Every obligation and covenant of the Owner in this Agreement constitutes both a contractual obligation and a covenant granted under s. 219 of the Land Title Act in respect of the Land and this Agreement burdens the Land and runs with it and binds the successors of title to the Land. This Agreement burdens and charges all of the Land and any parcel into which it is subdivided by any means and any parcel into which the Land is consolidated. The Owner is only liable for breaches of this Agreement that occur while the Owner is the registered owner of the Land.

Waiver

7. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in writing of the breach. A waiver of a breach of this Agreement does not operate as a waiver of any other breach of this Agreement.

Severance

8. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that part is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that holding or by the severance of that part.

Entire Agreement

9. This Agreement is the entire agreement between the parties regarding its subject.

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Gabriola Island Land Use Bylaw No. 177 - Appendixes Enurement

10. This Agreement binds the parties to it and their respective successors, heirs, executors and administrators.

Deed and Contract

11. By executing and delivering this Agreement each of the parties intends to create both a contract and a deed executed and delivered under seal.

Further Assurances

12. The Owner agrees to do everything reasonably necessary, at the Owner's expense, to ensure that this Agreement is registered against title to the Lands with priority over all financial charges, liens and encumbrances registered, or the registration of which is pending, at the time of application for registration of this Agreement.

13. The Owner must do everything reasonably necessary to give effect to the intent of this Agreement, including execution of further instruments.

As evidence of their agreement to be bound by the above terms, the parties each have executed and delivered this Agreement under seal by executing Part 1 of the Land Title Act Form C to which this Agreement is attached and which forms part of this Agreement.

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Consent and Priority Agreement

[The lender who consents or grants priority under this agreement must not join in the covenants above.]

GIVEN THAT [insert name of Chargeholder] (the "Chargeholder") is the holder of a [describe charges] registered against land legally described as [insert legal description] (the "Land") in the s. 219 covenant to which this Agreement is attached (the "Covenant"), which [insert charge] is registered in the Victoria land title office under instrument number [insert number] (the "Charge"),

This Consent and Priority Agreement is evidence that in consideration of payment to it of $1.00 by the transferee described in item 6 of Part 1 of the Form C to which this Agreement is attached (the "Transferee"), the Chargeholder agrees with the Transferee as follows:

1. The Chargeholder consents to the granting and registration of the Covenant and the Chargeholder agrees that the Covenant binds its interest in and to the Land.

2. The Chargeholder grants to the Transferee priority for the Covenant over the Chargeholder's Tight, title and interest in and to the Land and the Chargeholder postpones the Charge, and all of its right, title and interest thereunder, to the Covenant as if the Covenant had been executed, delivered and registered prior to the execution, delivery and registration of the Charge.

As evidence of its agreement with the Transferee to be bound by this Consent and Priority Agreement, as a contract and as a deed executed and delivered under seal, the Chargeholder has executed and delivered this Agreement by executing Part 1 of the Land Title Act Form C to which this Agreement is attached and which forms part of this Agreement.

END OF DOCUMENT

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