Mayne LTC Bylaw No. 146

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MAYNE ISLAND LAND USE BYLAW No. 146, 2008

AS AMENDED BY THE MAYNE ISLAND LOCAL TRUST COMMITTEE BYLAW(S): 148, 154, 157, 158, 160, 162, 166, 169, 170, 172 and 175

NOTE: This Bylaw is consolidated for convenience only and is not to be construed as a legal document.

Certified copies of the Land Use Bylaw are available from the Islands Trust Office, 200 - 1627 Fort St., Victoria, B.C. V8R 1H8

Consolidated on October 10, 2019

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ADOPTED

[Back of front cover]

Mayne Island Land Use Bylaw No. 146, 2008

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ADOPTED

Table of Amendments Bylaw No. Date of Adoption Date of Bylaw Consolidation

148 November 2, 2009 November 10, 2009 154 July 4 2011 July 7, 2011 157 July 25 2012 July 26 2012 158 July 31, 2013 November 5, 2013 160 January 26, 2015 December 3, 2015 162 November 30, 2015 December 3, 2015 166 November 28, 2016 December 1, 2016 169 November 28, 2016 December 1, 2016 170 November 28, 2016 December 1, 2016 172 April 30, 2018 June 14, 2018 175 September 30, 2019 October 10, 2019

Mayne Island Land Use Bylaw No. 146, 2008

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Mayne Island Land Use Bylaw No. 146, 2008

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ADOPTED

MAYNE ISLAND LOCAL TRUST COMMITEE LAND USE BYLAW No. 146, 2008

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

WHEREAS the Mayne Island Local Trust Committee is the Local Trust Committee having jurisdiction on and in respect of the Mayne Island Local Trust Area, pursuant to the Islands Trust Act;

AND WHEREAS the Mayne Island Local Trust Committee wishes to adopt a Land Use bylaw and other development regulations and to show by map the boundaries of the zones;

AND WHEREAS the Mayne Island Local Trust Committee has held a Public Hearing;

NOW THEREFORE the Mayne Island Local Trust Committee enacts in open meeting assembled as follows:

1. This Bylaw may be cited for all purposes as the “Mayne Island Land Use Bylaw No. 146, 2008.”

2. The following schedules attached hereto are hereby made part of this Bylaw and adopted as the Land Use Bylaw for that part of the Mayne Island Local Trust Area as shown on Schedule C:

(1) Schedule A (Land Use Bylaw Text) (2) Schedule B (Zoning Map) (3) Schedule C (Bylaw Area Map)

3. If any provision of this Bylaw is for any reason held to be invalid by a decision of any Court of competent jurisdiction, the invalid provision must be severed from the Bylaw and the decision that such provision is invalid must not affect the validity of the remaining provisions of the Bylaw.

4. Bylaw No. 94 cited as “Mayne Island Land Use Bylaw, 1996” and all of its amendments are repealed.

Mayne Island Land Use Bylaw No. 146, 2008

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ADOPTED

READ A FIRST TIME this 22nd day of October , 2008

PUBLIC HEARING HELD this 9th day of November , 2008

READ A SECOND TIME this 2nd day of February , 2009

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

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST this 24th day of February , 2009

ADOPTED this 16th day of April , 2009

Kathy Jones Gary Steeves SECRETARY CHAIRPERSON

Mayne Island Land Use Bylaw No. 146, 2008

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ADOPTED

SCHEDULE A

TABLE OF CONTENTS

SCHEDULE A __________________________________________________________________________ 1

1.1 Definitions ___________________________________________________________________ 5

1.2 Referencing _________________________________________________________________ 12

1.3 Units of Measure _____________________________________________________________ 12

1.4 Information Notes ____________________________________________________________ 12

PART 2 ADMINISTRATION _____________________________________________________________ 13

2.1 Application __________________________________________________________________ 13

2.2 Conformity __________________________________________________________________ 13

2.3 Inspection __________________________________________________________________ 13

2.4 Violation ____________________________________________________________________ 13

2.5 Penalty _____________________________________________________________________ 13

2.6 Covenants __________________________________________________________________ 14

2.7 Owner’s Cost ________________________________________________________________ 14

2.8 Enforcement of Siting Regulations ______________________________________________ 14

2.9 Repeal and Replacement ______________________________________________________ 14

3.1 Permitted in All Zones ________________________________________________________ 15

3.2 Prohibited in All Zones ________________________________________________________ 15

3.3 Siting and Setback Regulations _________________________________________________ 15

3.4 Height Regulations ___________________________________________________________ 17

3.5 Accessory Uses, Buildings and Structures _______________________________________ 17

3.6 Home Occupation Regulations _________________________________________________ 17

3.7 Fences _____________________________________________________________________ 18

3.8 Landscape Screening _________________________________________________________ 19

3.9 Use of Recreational Vehicles ___________________________________________________ 19

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3.10 Calculation of Density_________________________________________________________ 19

3.11 Use of Common Property ______________________________________________________ 19

3.12 Agricultural Land Reserve Farm Use Regulations __________________________________ 19

3.13 Secondary Suites ____________________________________________________________ 20

PART 4 ESTABLISHMENT OF ZONES ___________________________________________________ 21

4.1 Division into Zones ___________________________________________________________ 21

4.2 Zone Boundaries _____________________________________________________________ 22

PART 5 ZONE REGULATIONS __________________________________________________________ 23

5.1 Settlement Residential (SR) Zone _______________________________________________ 23

5.2 Rural Residential One (RR1) Zone _______________________________________________ 24

5.3 Rural Residential Two (RR2) Zone _______________________________________________ 25

5.4 Miners Bay Rural Comprehensive (MBRC) Zone ___________________________________ 26

5.5 Rural (R) Zone _______________________________________________________________ 27

5.6 Upland (UP) Zone ____________________________________________________________ 31

5.7 Agricultural (A) Zone __________________________________________________________ 32

5.8 Commercial 1 (C1) Zone _______________________________________________________ 33

5.9 Commercial 2 (C2) Zone _______________________________________________________ 36

5.10 Commercial 3 (C3) Zone _______________________________________________________ 39

5.11 Commercial 4 (C4) Zone _______________________________________________________ 41

5.12 Country Guest House Commercial (C5) Zone _____________________________________ 43

5.13 Industrial One (I1) Zone _______________________________________________________ 45

5.14 Community Service (S1) Zone __________________________________________________ 47

5.15 Local Community Service (S2) Zone _____________________________________________ 48

5.16 Transportation Service (S3) Zone _______________________________________________ 49

5.17 Community and Regional Park (P) Zone __________________________________________ 50

5.18 National Park (NP) Zone _______________________________________________________ 51

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5.19 Resource Conservation (RC) Zone ______________________________________________ 52

5.20 Water Protection (W1) Zone ____________________________________________________ 53

5.21 Water Moorage (W2) Zone _____________________________________________________ 54

5.22 Water Commercial (W3) Zone __________________________________________________ 55

5.23 Community Wharf (W4) Zone ___________________________________________________ 56

5.24 National Park Waters (W5) Zone ________________________________________________ 57

5.25 Senior Citizens Housing Comprehensive Development One (CD1) Zone _______________ 58

5.26 Comprehensive Development Two (CD2) Zone ____________________________________ 59

5.27 Community Wharf Upland (CWU) Zone ___________________________________________ 63

PART 6 SIGN REGULATIONS __________________________________________________________ 63

6.1 Permitted Signs ______________________________________________________________ 64

6.2 Prohibited Signs _____________________________________________________________ 64

6.3 Exempt Signs________________________________________________________________ 64

6.4 Siting ______________________________________________________________________ 64

6.5 Sign Number and Area ________________________________________________________ 64

6.5 Obsolete Signs ______________________________________________________________ 65

PART 7 PARKING REGULATIONS_______________________________________________________ 66

7.1 Location ____________________________________________________________________ 66

7.2 Design Standards ____________________________________________________________ 66

7.3 Calculation __________________________________________________________________ 66

7.4 Number of Off-Street Parking Spaces ____________________________________________ 66

PART 8 SUBDIVISION REGULATIONS ___________________________________________________ 68

8.1 Lot Area Calculations _________________________________________________________ 68

8.2 Exemptions from Average and Minimum Lot Area Requirements _____________________ 68

8.3 Covenants Prohibiting Further Subdivision and Development _______________________ 68

8.4 Section 946 Subdivisions (Residence for a Relative) _______________________________ 69

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8.5 Lot Frontage and Lot Shape ____________________________________________________ 69

8.6 Split Zoned Lots _____________________________________________________________ 69

8.7 Split or Hooked Lots __________________________________________________________ 69

8.8 Double Frontage Lots _________________________________________________________ 70

8.9 Water Access Subdivisions ____________________________________________________ 70

8.10 Highway Standards ___________________________________________________________ 70

8.11 Water Supply Standards _______________________________________________________ 70

8.12 Sewage Disposal Standards ___________________________________________________ 71

8.13 Drainage Standards __________________________________________________________ 71

8.14 Characteristics of Public Access to Water Bodies _________________________________ 72

SCHEDULE B (ZONING MAP) ___________________________________________________________ 73

SCHEDULE C (BYLAW AREA MAP) ______________________________________________________ 74

SCHEDULE D (SECONDARY SUITE MAP) _________________________________________________ 75

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PART 1 INTERPRETATION

1.1 Definitions

"Accessory" in relation to a use, building or structure means incidental, 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 the common property in bare land strata plan, on a strata lot in the same strata plan.

“Accessory dwelling unit” means a dwelling unit the use of which is limited to accommodation of an owner, operator, or employee of a permitted principal use on the same lot or premises.

BL 162 "Agriculture” means the use of land for the growing, rearing, harvesting, or production of plants, crops, livestock and other farm animals.

“Apartment residential” means the use of one or more dwelling units located within a portion of a principal building containing another use or uses, and located above the ground floor of the principal building.

"Approving Officer" means the Approving Officer for Mayne Island appointed pursuant to the Land Title Act.

"Bed and breakfast" means a home occupation comprising the provision of sleeping accommodation and a morning meal to paying guests.

"Berth" means a space at a marina, wharf or dock for the wharfage of a boat.

"Building" means a structure used or intended to be used for supporting or sheltering any use or occupancy.

“Church” means a building or structure used principally for religious worship, which does not provide for overnight accommodation or residential use, and which may include accessory uses such as halls.

"Club" means an association of persons united by a common interest, meeting periodically for co- operation or conviviality or, where the context requires, premises in which such meetings occur.

“Concrete” means all products manufactured from Portland Cement, sand and gravel including ready mix”.

"Contractor's yard" means the use of land for the storage of materials and equipment used by a building contractor or subcontractor.

“Community service" means schools, churches, medical dispensaries and emergency facilities, post offices, libraries, museums, child care, fire halls, police stations, not-for–profit sales, government offices, community halls and cemeteries but does not include any use or facility operated on a commercial basis for profit.

“Community Wharf” means boat mooring facilities which are operated and administered by a regional district and its bodies, are used for the provision of small craft moorage spaces for area residents, and for which user fees may be charged.

"Cottage" means an accessory building with a limited floor area that is used as a dwelling unit.

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“Dock” means a marine-based structure, or set of structures, generally consisting of a pier, ramp, float, and supporting structures, which is used for the non-commercial wharfage of vessels in association with the permitted use of the adjacent upland.

BL 160 "Dwelling unit" means a detached building, or a portion of a building in the case of a secondary suite, apartment residential use or employee housing, used as a residence for a single household and containing eating, sleeping and living facilities and a single set of facilities for food preparation.

“Employee Housing” means the use of a dwelling unit, either in a separate building or within a portion of a building, for occupation solely by an employee of a principal use on the same lot or premises, or by an individual related by blood, adoption, common-law marriage, foster parenthood to such an employee, or cohabiting with such an employee in a spousal relationship.

"Engineer" means a member of the Association of Professional Engineers and Geoscientists of British Columbia.

“Farm Use” means an occupation or use of land for farm purposes, including farming of land, plants and animals and any other similar activity designated as farm use by regulation, and includes a farm operation as defined in the Farm Practices Protection (Right to Farm) Act.

“Fence” means a structure used as a barrier to separate, prevent escape or intrusion or mark a boundary and may include a gate, screen or freestanding wall, but does not include a retaining wall or seawall.

“Ferry Terminal” means the use of land or water for marine ferry operations, including slips and marine structures, the embarkation/disembarkation of passengers and vehicles, terminal buildings, storage, vehicular queuing areas approaching the ferry slips, accessory vehicle storage, and accessory commercial services.

“Float” means a floating non-roofed structure that is used as a landing or wharfage place for watercraft and which is free to rise and fall with sea level change and, for all conditions of tidal change, does not rest on the sea floor.

BL 148 "Floor area" means the total area of all storeys of a building measured to the outer surface of the exterior walls, exclusive of the floor area occupied by any cistern used for the collection of rainwater for domestic use or fire protection and for this purpose all areas of a building having a floor and ceiling at least 1.5 metres (5 feet) apart constitute a storey.

"Floor area ratio" means the figure obtained by dividing the floor area of all buildings on a lot by the lot area, or in the instance of split-zoned lot, by dividing the floor area of all buildings within a zone by the respective zoned area.

"Frontage" means the length of that lot boundary which abuts a highway or access route in a bare land strata plan.

“Guest House” means a building containing tourist accommodation units and which may contain other permitted accessory uses.

“Hall” means a public assembly building used for recreational, social, charitable, educational, entertainment, and cultural activities, open to the public, and owned or operated by a non-profit group or Regional District for the benefit of the community generally.

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"Height" means the vertical distance between the highest point of a building or structure and the average natural grade, being the average undisturbed elevation of the ground at the perimeter of the building or structure calculated by averaging the elevations at the midpoints of all the exterior walls.

Figure 1-1 Illustration of calculation of height

"Highway" means the surveyed right of way for a street, road, lane or other way open to public use but does not include a private right of way on private property.

"Home occupation" means an accessory commercial use conducted on residential premises.

BL 162 “Horticulture” means the use of land for the rearing of plants.

"Industrial use" means the use of land for processing, fabricating, assembling, storing, distributing, servicing or repairing of goods or materials.

“Landscape screen" means a visual barrier consisting of natural vegetation, trees, shrubs, fencing or a combination of those elements, broken only by necessary access ways for pedestrians and vehicles and serving to screen land uses from abutting land and highways.

“Licensed premise” means the use of a building for the serving of alcoholic beverages and food, and with a liquor-primary license.

BL 162 "Lot" means any parcel, block or other area in which land is held or into which it is subdivided whether under the Land Title Act or the Strata Property Act.

"Lot coverage" means the total area of those portions of a lot that are covered by buildings or structures divided by the area of the lot, exclusive of the floor area occupied by any cistern used for the collection of rainwater for domestic use or fire protection, and for this purpose the area of a lot that is covered by a roofed building or structure is measured to the drip line of the roof.

"Lot line" means the boundary of a lot, and

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"front lot line" means the lot line that is common to the lot and an abutting highway or access route in a bare land strata plan, and where there are two or more such lot lines the shortest is deemed the front lot line;

"rear lot line" means the lot line that is opposite the front lot line in the case of a lot having four sides, and where the rear portion of a lot is bounded by intersecting side lot lines the point of intersection is deemed the rear lot line;

"exterior side lot line" means a lot line that is not a front or rear lot line and that is common to the lot and an abutting highway or access route in a bare land strata plan; and

"interior side lot line" means a lot line that is not a front, rear or exterior side lot line.

Figure 1-2 Illustration of lot lines

"Marina" means the use of a water area for the temporary storage of boats and includes the installation of floats, wharves, piers, ramps and walkways and the provision of wharfage services to the boating public.

BL 162 “Mobile Home” means a dwelling designed, constructed, or manufactured to be moved from one place to another by being towed or carried and meets a minimum CSA-Z240 standard. BL 162 “Moorage” means the tying or securing of a vessel to a fixed structure or mooring buoy. BL 148 "Natural boundary" means the visible high water mark of the sea, a lake, a stream or other body of BL 162 water, where the presence and action of water are so common and usual and so long continued in all ordinary years as to mark upon the soil or rock of the bed of the body of water a character distinct from that of the bank, in vegetation, as well as in the nature of the soil itself.

“Park” means a publicly owned lot which is used or intended to be used for the recreation and enjoyment of the public and may be developed with recreational facilities or may be retained in its natural state.

“Park, passive recreation” means a park which is retained in its natural state other than for walking and hiking trails and signage.

"Personal service" means a commercial use of a building in which services are provided to the body or the clothing of a person, but does not include laundromats and dry cleaners.

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"Personal watercraft" means a vessel less than 5 metres (16 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 or sitting inside the vessel.

“Potable water” means water which is safe to drink and fit for domestic purposes.

"Principal" in relation to a use, building or structure means the main or primary use, building or structure, as the case may be, conducted or constructed on a lot.

“Recreational Facilities” means land, buildings, or structures used for leisure activities performed either singly or collectively, through forms of play, sports, amusement, entertainment, or relaxation, but does not include golf courses or driving ranges.

"Recreational vehicle" means a tent trailer, travel trailer, motor home or other self-propelled vehicle containing sleeping, cooking and sanitary facilities, but does not include a mobile home or manufactured home

"Residential use" means the occupancy or use of a dwelling unit for the domicile or home life of a person or persons, or the occasional or seasonal occupancy of a dwelling unit by an owner who has a permanent domicile elsewhere or by non-paying guests of such an owner; and for certainty, residential use does not include tourist accommodation use, commercial vacation rental, or any occupancy of a dwelling unit by persons entitled to such an occupancy under a time share plan as defined in the Real Estate Act or successor legislation. For the purpose of this definition, owner includes a tenant under a residential tenancy agreement.

"Restaurant" means the use of a building for the serving of meals and alcoholic beverages, and with a food-primary license.

“Retail sales” means the selling of goods or merchandise to the general public for personal or household consumption.

“School” means a public or private educational institution that doe not include residential accommodation or dormitories.

"Senior citizen residential use" means a residential use in which at least one person aged 55 years or older occupies each dwelling unit.

BL 148 "Setback area" means an area required by siting regulations set out in this Bylaw to be free of buildings and structures except to the extent permitted by subsection 3.3(6).

BL 160 “Secondary suite” means an accessory, self-contained dwelling unit, located within a building that otherwise contains a dwelling unit, and having a lesser floor area than the principal dwelling unit.

BL 166 “Short term vacation rental” means the use of a cottage as a temporary commercial accommodation for a period of less than one month at a time by persons, other than the owner or permanent occupier. For this purpose, a cottage used as a short term vacation rental shall be considered as a home occupation subject to the regulations established in section 3.6.

"Sign" means any device or medium visible from any highway or lot other than the one on which it is located and which is used primarily to attract attention for advertising, information or identification purposes, and

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"Animated sign" means a sign that contains moving parts

"Flashing sign" means a sign that is illuminated and equipped with a device that causes the illumination to be interrupted so as to attract attention to the sign.

"Third party sign" means a sign that attracts attention to a use or occupancy of land other than the land on which the sign is located.

"Silviculture" means the use of land for forest management activities related to timber production and harvesting including the processing and sale of timber harvested on the same lot.

“Structure” means anything that is constructed or erected and that is fixed to, supported by or sunk into land or water, but does not include septic fields, septic tanks, sewage absorption fields, wells, underground water storage tanks and related appurtenances below ground, paved parking areas or similar surfacing, concrete and asphalt paving, or similar surfacing of the land.

“Studio” means an establishment used for production, display and sale of crafts and artwork, provided the production, display and sale occurs within a permitted building.

“Tourist Accommodation” means the provision of temporary accommodation for travellers in the form of successive occupancy by different persons where the same person shall not occupy any unit for a time period exceeding 90 days in any calendar year, and the same person shall not occupy any unit for a time period exceeding 14 days between June 1 and September 1.

"Tourist accommodation unit" means a detached cabin, a room, or a suite of rooms providing tourist accommodation.

“Use” means the purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.

"Utility" means broadcast transmission, electrical, telecommunications, sewer or water services and facilities (excluding private radio or television towers) and includes navigation aids.

"Utility shed" means an accessory building with a maximum floor area of 10 square metres (100 square feet) containing only equipment for pumping and processing of water or sewage, or electrical equipment and communication service equipment.

BL 162 “Waste transfer facility” means the use of a site, buildings and structures for receiving, collecting, storing, sorting, and transferring solid waste and recyclable waste that originate from residential, commercial, institutional, demolition or construction sources.

“Watercourse” means 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.

"Wharfage" means the tying of a boat or seaplane to a wharf, float or dock that is in turn connected to an upland lot by a ramp or walkway.

“Wholesale” means the selling of goods or merchandise primarily to retailers, industry, commercial, institutional or professional business users.

BL 148 "Zone" means a zone established by Part 4 of this bylaw.

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ADOPTED

1.2 Referencing

(1) In the system used for referencing provisions, the single digit number indicates parts, the two digit number sections, the parenthetical numbers subsections, the lower case letters articles and the roman numerals clauses: Part: 1 Section: 1.1 Subsection: 1.1(1) Article: 1.1(1)(a) Clause 1.1(1)(a)(i)

1.3 Units of Measure

(1) Metric dimensions are used in this Bylaw. Imperial equivalents, where shown in parentheses are approximate, are provided for convenience only, and do not form part of this Bylaw.

1.4 Information Notes

(1) Where a paragraph or sentence in this Bylaw is preceded by the words “Information Note”, the contents of the paragraph or sentence are provided only to assist in understanding of the bylaw and do not form a part of it.

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PART 2 ADMINISTRATION

2.1 Application

(1) This Bylaw shall apply to that part of the Mayne Island Local Trust Area as shown on Schedule C. Encompassed in this area of application are the entire land area of all islands, islets, reefs, rocks, and the seabed, and also all surface waters and air spaces.

2.2 Conformity

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

(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.

(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

2.3 Inspection

BL 162 (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.

2.4 Violation

(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.

2.5 Penalty

BL 162 (1) Any person who commits an offence against this Bylaw is liable, upon summary conviction, to a fine and penalty, pursuant to 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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2.6 Covenants

(1) Where under this Bylaw an owner of land is required or authorized to grant a covenant restricting subdivision or development, the covenant must be granted to the Local Trust Committee pursuant to Section 219 of the Land Title Act in priority to all financial charges and delivered in registerable form satisfactory to the Local Trust Committee prior to the granting of the approval or authorization in respect of which the covenant is required. The covenant must indemnify the 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.

2.7 Owner’s Cost

(1) If any provision of this Bylaw requires a report, study, covenant, plan or similar item to be prepared, unless otherwise stated, the owner shall pay all costs.

2.8 Enforcement of Siting Regulations

(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.

BL 162 2.9 Repeal and Replacement

(1) Where this Bylaw refers to other acts or regulations which have been repealed, amended, revised or consolidated, the reference in this Bylaw must be construed as being a reference to the substituted enactments relating to the same subject matter, the former act or regulations are construed as remaining in effect.

(2) Where this Bylaw refers to other government departments, ministries or agencies which have had a change in title or name, the reference in this Bylaw must be construed as being a reference to the substituted title(s) or name(s) of the government departments, ministries or agencies relating to the same subject matter.”

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PART 3 GENERAL REGULATIONS

3.1 Permitted in All Zones

The following uses, buildings and structures are permitted in any zone, except where noted, and all buildings and structures are subject to siting and size regulations established elsewhere in this bylaw:

(1) Utility lines and poles;

(2) Conservation areas, including ecological reserves, conservation covenants and other habitat reserves, and passive recreations parks;

(3) Air and marine navigational aids;

BL 148 (4) Fences in any land zone, subject to regulations established in Section 3.7 and Part 5;

(5) Signs, subject to regulations established in Part 6;

(6) Geothermal heating equipment for the purposes of supplying energy to the lot on which the structure is located or in the water for the purpose of supplying energy to a lot adjacent to the foreshore, except in the W1 zone.

3.2 Prohibited in All Zones

For certainty, the following uses, buildings and structures are prohibited in any zone, except where expressly permitted in Part 5:

BL 162 (1) In all zones except the R and A zones, the keeping on a lot having an area of less than 2000m2 (0.5 acres) of cattle, sheep, goats, pigs, donkeys, llamas, ostriches, emus and more than one horse;

(2) The disposal or storage of hazardous or toxic waste;

(3) The rental or sale of personal watercraft;

(4) Fin fish aquaculture in any water zone;

(5) Bridges, causeways or tunnels connecting any one island to another island or the mainland;

(6) Marina, the use of which is restricted to members of a private club;

(7) Retail sale or wholesaling of groundwater extracted on Mayne Island.

3.3 Siting and Setback Regulations

(1) All siting measurements must be made on a horizontal plane from the natural boundary, lot line or other feature specified in this Bylaw to the nearest portion of the building or structure in question.

(2) No building or structure, except a fence, utility line, navigational aid, water storage tank not exceeding 3 metres (10 feet) in height, or utility shed, may be constructed, reconstructed, moved, extended or located within the setback areas established in the regulations in Part 5 of this Bylaw. Mayne Island Land Use Bylaw No. 146, 2008 Page 15

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(3) No building or structure may be constructed, reconstructed, moved, extended or located within 7.5 metres (25 feet) of the natural boundary of the sea except:

(a) fence; (b) utility shed; (c) navigational aid; (d) structures supporting a permitted dock or wharf; or (e) stairs or walkways required to access the foreshore or a permitted dock.

Information Note: siting of septic disposal systems are regulated under the provisions of the Sewerage System Regulation. Ministry of Health practices establish setbacks between 10 to 30 metres for different types of disposal systems.

(4) No building or structure may be constructed, reconstructed, moved, located or extended with the underside of the floor system of any area used for habitation, business or storage of goods damageable by floodwaters, or in the case of a mobile home or unit the ground level on which it is located, lower than 1.5 metres (4.92 ft.) above the natural boundary of the sea or any natural watercourse, except:

(a) fence; (b) utility shed; (c) navigational aid; (d) structures supporting a permitted dock; or (e) stairs or walkways required to access the foreshore or a permitted dock.

BL 148 (5) No building or structure may be constructed, reconstructed, moved, extended or located within 7.5 metres (25 feet) of the natural boundary of a watercourse except:

(a) fence; or (b) utility shed.

Information Note: Provisions consistent with the provincial Riparian Area Regulation will be implemented through development permit areas for protection of the natural environment.

(6) The following features may project into a required setback area:

(a) steps, eaves and gutters, cornices, sills, chimneys, or other similar features, provided that they do not project more than 1 metre into the required setback area or 0.5 metres in the case of a side yard setback area less than 3 metres in width;

(b) balconies, decks and sun shades, provided that they do not project more than 1 metre into the required setback area;

(c) retaining walls with a maximum exposed height of 1 metre, except within the setback from the natural boundary of the sea.

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3.4 Height Regulations

(1) The height regulations for buildings and structures specified Part 5 of this Bylaw do not apply to water towers, radio, telecommunications and television antennas and towers, chimneys, flag poles, lightning poles, fire and hose towers, church steeples, utility poles, attic vents, solar collectors, wind generators, and water storage tanks.

3.5 Accessory Uses, Buildings and Structures

(1) A building or structure accessory to a dwelling may not be used for human habitation.

(2) The following buildings or structures may be constructed or placed on a lot prior to the construction of a principal dwelling or the commencement of a principal residential use on the same lot:

(a) one utility shed, and

(b) one building for the purposes of storage of building material for use on the lot and storage of personal effects.

Any other accessory building or structure may only be constructed or placed on a lot prior to the construction of a principal dwelling, or the commencement of a principal residential use, on the same lot provided that a valid building permit has been issued for any principal building on the same lot, and subject to the maintenance of a building permit for a principal dwelling on the same lot.

(3) Unless a building or structure, excluding an attached deck and patio, is structurally attached to a principal building by a structure having walls, a roof, and a floor, it is for the purposes of this Bylaw, deemed not to be part of the principal building, but is deemed to be an accessory building or structure.

3.6 Home Occupation Regulations

(1) Permitted home occupations include any:

(a) home craft; (b) veterinary clinics and animal hospitals, on lots with an area of 0.4 hectares (1 acre) or larger; (c) repairing of goods; (d) professional practice; (e) services to a client; (f) creation of a product; (g) bed and breakfast; BL 175 (h) A sampling area, having a floor area not exceeding 15m2, is permitted inside of a building to allow for sampling of products produced as part of the home occupation; BL 166 (i) short term commercial rentals of a cottage; (j) the retail or wholesale sale of goods or products produced, processed or repaired as part of the home occupation; or (k) the retail sale of articles directly related to the provision of a personal service provided as a home occupation.

(2) Without limiting the generality of subsection 3.6(1), the following activities are specifically not permitted as a home occupation: Mayne Island Land Use Bylaw No. 146, 2008 Page 17

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(a) Retail sales, other than permitted those permitted in subsection 3.6(1); (b) The serving of food or drink products on the premises as part of a home occupation, except for the serving of a morning meal as part of bed and breakfast home occupation; (b) Commercial water bottling and sales; or (c) Except within the Rural and Agricultural zones, boarding or breeding kennels, and riding stables.

(3) A home occupation other than a horticultural or agricultural use must be carried out wholly within a dwelling unit or within a permitted accessory building.

(4) Home occupations must not occupy a floor area in excess of 95 m2.

(5) There may be no exterior indication of the existence of the home occupation either by stored materials, displays, lighting or by any other variation from the residential character of the dwelling unit or accessory building, with the exception of signs permitted by this Bylaw.

(6) The home occupation must be operated by a person permanently residing in the dwelling unit. Not more than two additional persons not residing in the dwelling unit may be employed in the home occupation.

(7) The home occupation must not involve storage exterior to a building or structure of any material used in the processing or resulting from the processing of any product unless such storage areas are screened by a landscape screen or fence not less than 2 metres in height.

(8) Bed and breakfast home occupation operations must not utilize more than 3 bedrooms allowing for a maximum of 8 guests. Breakfast may be served, and recreational equipment may be rented, only to guests who have been provided overnight accommodation.

(9) That portion of a dwelling unit used for preparing and serving food or drink in connection with a bed and breakfast home occupation must not occupy a floor area in excess of 25 m2.

(10) The floor area used for sales and storage of goods and articles for sale must not exceed 5 m2.

(11) No noise resulting from any home occupation may be heard at a lot line or the natural boundary of the sea.

BL 166 (12) No more than one cottage per lot may be used as a short term vacation rental at any one time.

3.7 Fences

(1) The height of fences must not exceed 2 metres (6.6 feet) in any required setback, subject to regulations established in Part 5.

(2) The provision of protective netting or wire to control animal nuisances, or a landscape screen, is exempt from the provisions of Subsection 3.7(1).

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3.8 Landscape Screening

(1) If 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 complete and permanent visual screen between the uses being separated;

(b) a row of drought-tolerant evergreen plants that will attain the required height, planted and maintained continuously so as to provide a complete and permanent visual screen between the uses being separated; or

(c) a solid wood fence or brick or stone wall;

broken only for access drives or walks.

3.9 Use of Recreational Vehicles

(1) The use of a recreational vehicle as a dwelling or cottage is permitted on a lot in the SR, MBRC, RR1, R, UP and A zones, subject to:

BL 162 (a) the connection of the recreational vehicle to sewage disposal facilities consistent with the provisions of the Public Health Act;

(b) the provision of a domestic water supply; and

(c) compliance with the use, density and siting requirements of this Bylaw for dwellings and cottages; and

3.10 Calculation of Density

(1) Where a lot is located in two or more zones, the construction or placement of an additional dwelling unit on the lot is not permitted unless, after the construction or placement of the additional dwelling unit, the number of dwelling units within the discreetly zoned portion of the lot on which the additional dwelling unit is to be located is less than or equal to the number obtained by dividing the area of that portion of the lot by the minimum average area of lots that may be created by subdivision in the zone in which the additional dwelling unit is to be located.

3.11 Use of Common Property

(1) Land comprising the common property in a strata plan is not a lot for the purposes of the density regulations set out in Part 5, but may be used for permitted uses accessory to principal uses located on strata lots in the same strata plan.

3.12 Agricultural Land Reserve Farm Use Regulations

(1) Where land is in the Provincial Agricultural Land Reserve, farm use is a permitted use, and:

(a) the maximum floor area for retail sales ancillary to a British Columbia licensed winery or cidery use is 20 square metres; and

(b) the maximum floor area for a food and beverage service lounge ancillary to a British Columbia licensed winery or cidery use is 20 square metres.

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3.13 Secondary Suites BL 160 (1) Secondary suites are permitted on lots that are within the shaded area on Schedule “D” to this Bylaw. (2) There is a maximum of one secondary suite per lot. (3) On parcels less than 4 hectares: a secondary suite shall not be permitted on the parcel if a cottage has been constructed; and a cottage shall not be permitted on the parcel if a secondary suite has been constructed. (4) The secondary suite must be contained within the walls of the building that contains the principal dwelling unit. (5) Home occupations cannot be carried out in a secondary suite. (6) The entrance to a secondary suite from the exterior of the building must be separate from the entrance to the principal dwelling unit. (7) A building permit shall not be issued for a secondary suite until the building that is to contain the secondary suite is equipped with a water catchment and storage system for the storage of rainwater. Minimum cistern capacity required for a building containing a secondary suite is 13640 litres (3000 gallons). (8) The floor area of the secondary suite shall not exceed 60m2 (646 ft2) nor shall it exceed 40 per cent of the floor area of the principal dwelling unit. (9) A secondary suite must not be subdivided from the principal dwelling unit under the Land Title Act or the Strata Property Act.”

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PART 4 ESTABLISHMENT OF ZONES

4.1 Division into Zones

(1) The Mayne Island Local Trust Area is divided into the following zones, the geographic boundaries of which are as shown on the Zoning Map designated as Schedule "B" that forms part of this Bylaw and the regulations for which are set out in Part 5.

Zone Name Zone Abbreviation

Settlement Residential SR

Rural Residential One RR1

Rural Residential Two RR2

Miners Bay Rural Comprehensive MBRC

Rural R

Upland UP

Agricultural A

BL 175 Commercial 1 C1

BL 175 Commercial 2 C2

BL 175 Commercial 3 C3

BL 175 Commercial 4 C4

Country Guest House Commercial C5

Industrial One I1

Community Service S1

Local Community Service S2

Transportation Service S3

Community and Regional Park P

National Park NP

Resource Conservation RC

Water Protection W1

Water Moorage W2

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Water Commercial W3

Community Wharf W4

National Park Waters W5

Seniors Citizens Housing Comprehensive Development One CD1

Comprehensive Development Two CD2 BL 169 Community Wharf Upland CWU

4.2 Zone Boundaries

(1) The location of the zones established by this Bylaw are as shown on Schedule B, which forms part of this Bylaw.

(2) Where zone boundaries on Schedule "B" coincide with lot lines, the zone boundaries are the lot lines.

(3) Where a zone boundary is shown on Schedule "B" as following any highway, right-of-way or stream, the centre line of such highway, right-of-way, or stream is the zone boundary.

(4) Where land based and water based zone boundaries shown on Schedule "B" coincide, the zone boundary shall be the surveyed lot line as shown on the most recent plan registered in the Land Title Office, and where there is no such plan the natural boundary of the sea is the zone boundary

(5) Where a zone boundary shown on Schedule "B" does not follow a legally defined line and no dimensions are shown by which the boundary could otherwise be located, the location of the boundary must be determined by reference to the digital record stored and maintained in a geographic information system (GIS) at the offices of the Islands Trust.

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PART 5 ZONE REGULATIONS 5.1 Settlement Residential (SR) Zone The purpose of the Settlement Residential Zone is to provide regulations for the development of residential neighbourhoods.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Residential; (b) Cottage; (c) Accessory uses, buildings and structures, including but not limited to home occupations.

Density (2) One dwelling per lot and one additional dwelling unit for every 0.6 hectares (1.5 acres) of lot area greater than 0.6 hectares (1.5 acres). (3) One cottage is permitted on lots 0.6 hectares (1.5 acres) or greater in area. (4) The maximum number of accessory buildings, other than cottages, utility sheds, or woodsheds, is: (a) two on lots having an area of 0.2 hectares (0.5 acres) and less; (b) three on lots having an area greater than 0.2 hectares (0.5 acres) and less than 0.4 hectares (1 acre); (c) four on lots having an area of 0.4 hectares (1 acre) or more. (5) The maximum lot coverage is 20%. BL160 (6) One secondary suite is permitted per lot subject to section 3.13.

Siting and Size (7) The maximum floor area for a cottage is: (a) 60 square metres (646 square feet) on a lot with an area of 1 hectare (2.4 acres) or less; (b) 93 square metres (1001 square feet) on a lot with an area greater than 1 hectare (2.4 acres). (8) The minimum setback for any building or structure is: (a) 8 metres (26 feet) from any front or rear lot line; (b) 3 metres (10 feet) from any interior side lot line; (c) 4.5 metres (15 feet) from any exterior side lot line. (9) The maximum height for any dwelling unit or cottage is 9 metres (29.5 feet). (10) The maximum height for any accessory building or structure is 5 metres (16.5 feet).

Subdivision Lot Area Requirements (11) The minimum lot area is 0.4 hectares (1 acre). (12) The average lot area must not be less than 0.6 hectares (1.5 acres).

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5.2 Rural Residential One (RR1) Zone The purpose of the Rural Residential Zone is to provide regulations for areas of limited application used for acknowledging historical situations of multiple land owners where individuals bought land cooperatively as a company expecting that each share holder could build a dwelling and guest cottage.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Residential; (b) Cottage; (c) Accessory uses, buildings and structures, including but not limited to home occupations.

Density (2) One dwelling unit per lot and one additional dwelling unit for every 2.8 hectares (7 acres) of lot area greater than 2.8 hectares (7 acres). (3) One cottage is permitted in respect of each permitted dwelling unit on lots of 2.8 hectares (7 acres) or BL 162 greater in area. (4) The maximum number of accessory buildings, other than utility sheds or woodsheds, is four per permitted dwelling unit. (4) The maximum lot coverage is 10%.

Siting and Size (5) The maximum floor area for a cottage is: (a) 60 square metres (646 square feet) on a lot with an area of 1 hectare (2.4 acres) or less; (b) 93 square metres (1001 square feet) on a lot with an area greater than 1 hectare (2.4 acres). (6) The minimum setback for any building or structure is: (a) 8 metres (26 feet) from any front or rear lot line, or exterior side lot line; (b) 3 metres (10 feet) from any interior side lot line; (7) The maximum height for any dwelling unit or cottage is 9 metres (29.5 feet). (8) The maximum height for any accessory building or structure is 5 metres (16.5 feet).

Subdivision Lot Area Requirements (9) The minimum lot area is 2.8 hectares (7 acres).

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5.3 Rural Residential Two (RR2) Zone The purpose of the Rural Residential Two Zone is to provide regulations permitting a limited number of dwellings for one location, acknowledging an historical situation where individuals cooperatively bought land zoned for commercial tourist accommodation uses.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Residential; (b) Accessory uses, buildings and structures, including but not limited to home occupations.

Density (2) The maximum number of dwelling units in the RR2 zone is 15. (3) The maximum number of accessory buildings, other than utility sheds or woodsheds, is two per permitted dwelling unit. (4) The maximum lot coverage is 20%. (5) In the event of a subdivision of Lot 2, Sections 9 and 10, Mayne Island, Cowichan District, Plan 15040, except Parts in Plans 27354 and 38335, no more than one dwelling unit may be constructed on each new lot resulting from any such subdivision.

Siting and Size (6) The minimum setback for any building or structure is: (a) 8 metres (26 feet) from any front or rear lot line; (b) 3 metres (10 feet) from any interior side lot line; (c) 4.5 metres (15 feet) from any exterior side lot line. (7) The maximum height for any dwelling unit is 9 metres (29.5 feet). (8) The maximum height for any accessory building or structure is 5 metres (16.5 feet). (9) The maximum floor area of any dwelling unit is 116 square metres (1250 square feet), except that one dwelling unit in the RR2 zone may have a floor area not exceeding 223 square metres (2400 square feet). (10) The maximum floor area of any accessory building is 30 square metres (323 square feet)

Subdivision Lot Area Requirements (11) The average lot area must not be less than 0.1 hectares (0.25 acres). (12) No subdivision may result in the creation of more than 15 lots in the RR2 zone.

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5.4 Miners Bay Rural Comprehensive (MBRC) Zone The purpose of the Miners Bay Rural Comprehensive Zone is to provide regulations for a 20 lot subdivision that provided the following community benefits: one community centre site (2 ha), one park (15.7 ha), two drilled and capped potable water wells, and a road bypass for the Miners Bay area.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Residential; (b) Agriculture; (c) Silviculture; (d) Cottage; (e) Accessory uses, buildings and structures, including but not limited to home occupations.

Density (2) One (1) dwelling unit is permitted per lot. (3) One (1) cottage is permitted per lot. (4) The maximum number of accessory buildings, other than cottages, utility sheds, or woodsheds, is: (a) two on lots having an area of 0.2 hectares (0.5 acres) and less; (b) three on lots having an area greater than 0.2 hectares (0.5 acres) and less than 0.4 hectares (1 acre); (c) four on lots having an area of 0.4 hectares (1 acre) or more. (5) The maximum lot coverage is 10%.

Siting and Size (6) The maximum floor area for a cottage is: (a) 60 square metres (646 square feet) on a lot with an area of 1 hectare (2.4 acres) or less; (b) 93 square metres (1001 square feet) on a lot with an area greater than 1 hectare (2.4 acres). (7) The minimum setback for any building or structure is: (a) 8 metres (26 feet) from any front, rear, or exterior side lot line; (b) 3 metres (10 feet) from any interior side lot line; (8) Feeding troughs and manure piles must be sited not less than 8 metres (26 feet) from all lot lines. (9) The maximum height for any dwelling unit or cottage is 9 metres (29.5 feet). (10) The maximum height for any accessory building or structure is 5 metres (16.5 feet).

Subdivision Lot Area Requirements (11) The minimum lot area is 1.2 hectares (3 acres). (12) The average lot area must not be less than 2.3 hectares (5.7 acres).

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5.5 Rural (R) Zone The purpose of the Rural Zone is to provide regulation for areas in which residential and agricultural uses on larger parcel sizes predominate.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Residential; (b) Agriculture; (c) Silviculture; (d) Cottage; (e) Accessory uses, buildings and structures, including but not limited to home occupations.

Density (2) One dwelling unit per lot and one additional dwelling unit for every 4 hectares (10 acres) of lot area greater than 4 hectares (10 acres). (3) One cottage is permitted in respect of each permitted dwelling unit on lots having an area of at least 1 hectare (2.4 acres). (4) The maximum number of accessory buildings, other than cottages, utility sheds, or woodsheds, is: (a) two on lots having an area of 0.2 hectares (0.5 acres) and less; (b) three on lots having an area greater than 0.2 hectares (0.5 acres) and less than 0.4 hectares (1 acre); (c) four on lots having an area greater than 0.4 hectares (1 acre) and less than 4.0 hectares (10 acres). (d) Unlimited on lots with an area greater than 4.0 hectares (10 acres). (5) The maximum lot coverage is 10%. BL 160 (6) One secondary suite is permitted per lot subject to section 3.13.

Siting and Size (7) The maximum floor area for a cottage is: (a) 60 square metres (646 square feet) on a lot with an area of 1 hectare (2.4 acres) or less; (b) 93 square metres (1001 square feet) on a lot with an area greater than 1 hectare (2.4 acres). (8) The minimum setback for any building or structure is: (a) 8 metres (26 feet) from any front, rear, or exterior side lot line; (b) 3 metres (10 feet) from any interior side lot line; (9) Feeding troughs and manure piles must be sited not less than 8 metres (26 feet) from all lot lines. (10) The maximum height for any dwelling unit or cottage is 9 metres (29.5 feet). (11) The maximum height for any accessory building or structure is 9 metres (29.5 feet).

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Subdivision Lot Area Requirements (12) The minimum lot area is 1 hectare (2.4 acres). (13) The average lot area must not be less than 4 hectares (10 acres).

Site Specific Regulations (14) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter reference the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply: Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone R(a) Parcel A (DD 111145i) Of The (1) In addition to the uses permitted in 5.5(1) above, a South West 1/4 Of Section 12, campground accessory to residential use is permitted in Mayne Island, Cowichan District, this location, subject to: Except Part In Plan 27091 (a) A maximum of 15 campsites, of which a maximum 359 Maple Drive of two sites may be used for recreational vehicles, and the remainder for walk-in tenting only. (b) Recreational vehicles being limited to a stay of 4 days in any 2 week period. (c) For the purposes of this location, recreational vehicles do not include (i) fifth wheels; (ii) tent trailers; (iii) travel trailers; and (iv) recreational vehicles exceeding 5.85 metres (19 feet) in length. (d) Power and water hook-ups for are campsites are prohibited. (e) No campsite may be sited closer than 30 meters from any lot line, exclusive of the natural boundary of the sea.

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Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone R(b) The North East 1/4 Of The North (1) In addition to the uses permitted in 5.5(1) above, a West 1/4 Of Section 2, Mayne campground accessory to residential use is permitted, Island, Cowichan District, Except subject to: Parcel D (Dd 71449i), And Except That Part In Plan 13285 (a) A maximum of 10 campsites, of which a maximum of two sites may be used for recreational vehicles, 640 Horton Bay Road and the remainder for walk-in tenting only. (b) Recreational vehicles being limited to a stay of 4 days in any 2 week period. (c) For the purposes of this location, recreational vehicles do not include (i) fifth wheels; (ii) tent trailers; (iii) travel trailers; and (iv) recreational vehicles exceeding 5.85 metres (19 feet) in length. (d) Power and water hook-ups for are campsites are prohibited. (e) No campsite may be sited closer than 30 meters from any lot line. R(c) Lot 1, Section 8, Mayne Island (1) In addition to the uses permitted in 5.5(1) above, Cowichan District, Plan VIP70074 community water storage and distribution facilities are and Lot 2, Section 8, Mayne permitted in this location. Island, Cowichan District, Plan VIP70074.

500 and 514 Felix Jack Road

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Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone BL 162 R(d) Lot 1, Section 2, Mayne Island, (1) Despite 5.5(3) above, one cottage is permitted in respect Cowichan District, Plan VIP55242 of each permitted dwelling unit in these locations. 786 Beechwood Drive

Lot 1, Section 3, Mayne Island, Cowichan District, Plan VIP56718 554 Glen Echo

Strata Lot 1, Section 11, Mayne Island, Cowichan District, Strata Plan 1276 605 Bell Bay Road

Strata Lot 2, Section 11, Mayne Island, Cowichan District, Strata Plan 1276 609 Bell Bay Road

Strata Lot 5, Section 11, Mayne Island, Cowichan District, Strata Plan 1276 Bell Bay Road

Strata Lot 7, Section 11, Mayne Island, Cowichan District, Strata Plan 1276 629 Bell Bay Road

Strata Lot 8, Section 11, Mayne Island, Cowichan District, Strata Plan 1276 633 Bell Bay Road

Lot 1, Section 14, Mayne Island, Cowichan District, Plan 2227 397 Neil Road

Strata Lot 1 through 4, Section 14, Mayne Island, Cowichan District, Strata Plan 400. 288, 294, 298 and 306 Laura Point Road

R(e) A portion of Parcel C (DD 75019i), (1) In addition to the uses permitted in 5.5(1) above, a Sections 8 and 11, Mayne Island, recycling facility consisting of the separation, sorting, Cowichan District, except those storage and shipping of recycable household materials Parts included in Plan 6175, 8200, is permitted in this location. This use does not include 19033, 20936, 23300 And 29965 junk yards or wrecking yards.

378 Campbell Bay Road

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5.6 Upland (UP) Zone The purpose of the Upland Zone is to provide regulation for upland slopes on Mayne Island which have special features, including forested slopes, habitat areas, ground water recharge areas, steep terrain conditions and aesthetic and recreational attributes.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Residential; (b) Agriculture; (c) Silviculture; (d) Cottage; (e) Accessory uses, buildings and structures, including but not limited to home occupations.

Density (2) One dwelling unit per lot and one additional dwelling unit for every 10 hectares (25 acres) of lot area greater than 10 hectares (25 acres). (3) One cottage is permitted in respect of each permitted dwelling unit on lots having an area of at least 1 hectare (2.4 acres). (4) The maximum number of accessory buildings, other than cottages, utility sheds, or woodsheds, is four per dwelling unit. (5) The maximum lot coverage is 10%. BL 160 (6) One secondary suite is permitted per lot subject to section 3.13.

Siting and Size (7) The maximum floor area for a cottage is: (a) 60 square metres (646 square feet) on a lot with an area of 1 hectare (2.4 acres) or less; (b) 93 square metres (1001 square feet) on a lot with an area greater than 1 hectare (2.4 acres). (8) The minimum setback for any building or structure is: (a) 8 metres (26 feet) from any front, rear, or exterior side lot line; (b) 3 metres (10 feet) from any interior side lot line; (9) Feeding troughs and manure piles must be sited not less than 8 metres (26 feet) from all lot lines. (10) The maximum height for any dwelling unit or cottage is 9 metres (29.5 feet). (11) The maximum height for any accessory building or structure is 5 metres (16.5 feet).

Subdivision Lot Area Requirements (12) The minimum lot area is 1 hectare (2.4 acres). (13) The average lot area must not be less than 10 hectares (25 acres).

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5.7 Agricultural (A) Zone The purpose of the Agricultural Zone is to identify and protect land suitable for agricultural uses, to retain farmland as part of the rural landscape, to encourage food production and horticulture, and to support local farm-gate sales.

Information Note: A separate application is required for any subdivision or non-farm use in the Agricultural Land Reserve.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Residential; (b) Agriculture; (c) Silviculture; (d) Cottage; (e) The processing and sale of agricultural and forest products produced on the lot; (f) Accessory uses, buildings and structures, including but not limited to home occupations.

Density (2) One dwelling unit per lot and one additional dwelling unit for every 8 hectares (20 acres) of lot area greater than 8 hectares (20 acres). (3) One cottage is permitted in respect of each permitted dwelling unit. (4) The maximum number of accessory buildings, other than cottages, utility sheds, woodsheds, and accessory buildings used exclusively for agricultural uses, is four per dwelling unit on lots less than 8 hectares (20 acres) in area. The number of accessory buildings is unlimited on lots with an area 8 hectares (20 acres) or greater. (5) The maximum lot coverage is 20%. BL 160 (6) One secondary suite is permitted per lot subject to section 3.13.

Siting and Size (7) The maximum floor area for a cottage is: (a) 60 square metres (646 square feet) on a lot with an area of 1 hectare (2.4 acres) or less; (b) 93 square metres (1001 square feet) on a lot with an area greater than 1 hectare (2.4 acres). (8) The minimum setback for any building or structure is: (a) 8 metres (26 feet) from any front, rear, or exterior side lot line; (b) 6 metres (20 feet) from any interior side lot line; (9) The maximum height for any dwelling unit or cottage in the A zone is 9 metres (29.5 feet). (10) The maximum height for any accessory building or structure is 9 metres (29.5 feet).

Subdivision Lot Area Requirements (11) The minimum lot area is 8 hectares (20 acres).

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BL 175 5.8 Commercial 1 (C1) Zone The purpose of the Commercial 1 Zone is to provide for and regulate small scale commercial uses providing services to residents and visitors.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Restaurants; (b) Retail sales; BL 175 (c) Offices; (d) Personal services; (e) Medical and dental clinics; (f) Printers and publishers; (g) Appliance repair and servicing; (h) Clubs and halls; (i) Freight depots; (j) Studio; (k) Apartment Residential; (l) Accessory dwelling unit for the accommodation of the owner, operator, or employee of a permitted principal use; (m) Accessory uses, buildings and structures.

Density BL 175 (2) The maximum number of accessory buildings, other than an accessory dwelling unit, utility sheds, or woodsheds, is: (a) two on lots having an area of 0.2 hectares (0.5 acres) and less; (b) three on lots having an area greater than 0.2 hectares (0.5 acres) and less than 0.4 hectares (1 acre); and (c) four on lots having an area greater than 0.4 hectares (1 acre) or more; BL 175 (3) The maximum lot coverage is 25%.

Siting and Size BL 162 (4) The apartment residential use permitted by 5.8(1)(k) shall: (a) be located within a principal building; (b) not exceed 50% of the total floor area of the building; (c) be located above the ground floor of a building; (d) be provided with a separate entrance from the ground level; and (e) have a minimum floor area of 50 square metres (538 square feet) per unit.

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(5) The minimum setback for any building or structure is:

(a) 6 metres (20 feet) from any front, rear, or exterior side lot line;

(b) 3 metres (10 feet) from any interior side lot line; (6) The maximum height for any principal building or accessory dwelling unit is 9 metres (29.5 feet). (7) The maximum height for any accessory building or structure, other than an accessory dwelling unit, is 5 metres (16.4 feet).

Subdivision Lot Area Requirements (8) The minimum lot area is 0.2 hectares (0.5 acres).

Conditions of Use (9) Lots on which commercial uses are carried on must be screened from residential uses on adjoining lots by a landscape screen not less than 1.5 metres in height and complying with the provisions of Section 3.8.

Consolidation of Lots BL 175 (10) No lot should be consolidated with another lot if the resulting lot has an area larger than 0.25 ha.

Site Specific Regulations BL157 (11) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter reference the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

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BL 162 ADOPTED BL 172 Column 1 Column 2 Column 3 BL 175

C1(a) Lot 9, Section 12, Mayne In addition to the uses permitted in 5.8(1) principal residential use Island, Cowichan District, is permitted at a density of one dwelling per lot. Plan 715

Lot A, Section 12, Mayne Island, Cowichan District, Plan 46230

Lot 1, Section 12, Mayne Island, Cowichan District, Plan VIP52666

That Part of Lot 6, Section 12, Mayne Island, Cowichan District, Plan 715, Lying to the South of the Easterly and Westerly Boundaries of Said Lot

Lot 3, Section 12, Mayne Island, Cowichan District, Plan 715

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BL 175 5.9 Commercial 2 (C2) Zone The purpose of the Commercial 2 Zone is to provide regulations for the development of visitor accommodation and accessory uses.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Tourist accommodation; (b) Accessory dwelling unit; (c) Accessory restaurant, café, or licensed premises; (d) Accessory retail sales; (e) Accessory employee housing; (f) Accessory uses, buildings and structures.

Density (2) The maximum lot coverage is 20%. BL 175 (3) The maximum number of tourist accommodation units and the maximum total floor area of all tourist accommodation units is established in 5.9(14) for each location. (4) The maximum floor area of any tourist accommodation unit is 100 m2 (1077 ft2); (5) The maximum floor area of accessory retail sales uses is 20m2 (87ft2). (6) The maximum number of accessory employee housing units is 2 per lot. (7) The maximum floor area of any accessory employee housing unit is 60m2 (646 ft2) (8) The maximum number of accessory dwelling units is one per lot. (9) The maximum number of buildings accessory to tourist accommodation uses, other than accessory dwelling units, accessory employee housing, utility sheds, or woodsheds, is four per lot.

Siting and Size (10) The minimum setback for any building or structure is: (a) 8 metres from any lot line;

(11) The maximum height of any building containing tourist accommodation units, an accessory dwelling unit, accessory employee housing, or a restaurant, café or licensed premises is 9 metres (29.5 ft.) and two storeys. The maximum height of any accessory building or structure is 5 metres (16.4 ft.).

Subdivision Lot Area Requirements (12) The minimum lot area is 0.4 hectares (1 acre).

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Site–Specific Regulations

(13) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter refer to the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

Table 5.1 Site-Specific Location Description Site Specific Regulations Zone C2(a) Lot 14, Section 9, Mayne Island, 1. Despite 5.9(1) above, the only uses Cowichan District, Plan 15114 permitted in this location are those permitted and Lot 15, Section 9 Cowichan by 5.9(1)(a), (b), (d), and (f). District, Plan 15114. 2. The maximum number of tourist 563 Arbutus Drive. accommodation units permitted in this location is 9. [Blue Vista] 3. The maximum total floor area of all tourist accommodation units in this location is 549 m2 (5910 ft2).

BL 170 C2(b) Lot 83, Section 9, Mayne Island, 1. The maximum number of tourist Cowichan District, Plan 14000. accommodation units permitted in this location is 26. 494 Arbutus Drive. 2. The maximum total floor area of all tourist [Mayne Inn] accommodation units in this location is 1586 m2 (17072 ft2).

3. Despite 5.9(5) the maximum floor area of any tourist accommodation unit 61m2 (656 ft2).

4. Despite 5.9(6) the maximum floor area for accessory retail sales is 40 m 2 (430 ft2).

5. Despite 5.9(1)(e) and 5.9(8) the tourist accommodation units permitted on strata lots 13, 14, 15, 16, 17, 18, 19 and 20, Strata Plan VIS6703 can be used for accessory employee housing.

6. In addition to the uses permitted in 5.9(1) the tourist accommodation units permitted on strata lots 13, 14, 15, 16, 17, 18, 19 and 20, Strata Plan VIS6703 can be used for residential use.

7. In addition to the uses permitted in 5.9(1) office use, not exceeding a maximum total floor area or 93 m2, is permitted on Strata Lot BL 175 1, Strata Plan VIS6703.

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C2(c) Lot A, Section 12, Mayne Island, 1. The maximum number of tourist Cowichan District, Plan 13929 accommodation units permitted in this except that Part in Plan 1825R location is 10, except when a minimum of two employee housing units are constructed 400 Fernhill Road and maintained, then the maximum number of tourist accommodation units is 26. [Springwater] 2. The maximum total floor area of all tourist accommodation units in this location is 1586 m2 (17072 ft2).

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BL 175 5.10 Commercial 3 (C3) Zone The purpose of the Commercial 3 Zone is to provide for and regulate small scale service uses.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Wholesale and retail sale of hardware, household and durable goods, building materials and building supplies; (b) Wholesale and retail sale garden supplies; (c) Rental of tools and garden equipment; (d) Contractors yards and offices; (e) Freight depots; (f) Repair shops; (g) Rental storage; (h) Accessory dwelling unit for the accommodation of the owner, operator, or employee of a permitted principal use; (i) Accessory uses, buildings and structures.

Density (2) One principal building accommodating one principal use and one accessory dwelling unit per lot. (3) The maximum number of accessory buildings, other than an accessory dwelling unit, utility shed, or woodshed is 4. BL 175 (4) The maximum lot coverage is 35%.

Siting and Size

(5) The minimum setback for any building or structure is:

(a) 8 metres (26 feet) from any front, rear, or exterior side lot line;

(b) 5 metres (16.4 feet) from any interior side lot line; (6) The maximum height for any principal building or accessory dwelling unit is 9 metres (29.5 feet). (7) The maximum height for any accessory building or structure, other than an accessory dwelling unit, is 5 metres (16.4 feet).

Subdivision Lot Area Requirements (8) The minimum lot area is 0.2 hectares (0.5 acres).

Conditions of Use (9) All materials stored on a lot must be located within buildings or enclosed storage areas. (10) The storage of toxic, noxious, explosive, odorous, or radioactive material is prohibited.

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(11) Lots on which commercial uses are carried on must be screened from residential uses on adjoining lots by a landscape screen not less than 1.5 metres in height and complying with the provisions of Section 3.8.

Site Specific Regulations BL157 (13) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter reference the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply: Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone C3(a) Lot 10, Section 8, Mayne (1) Despite 5.10(1) the only permitted uses at these locations are Island, Cowichan District, repair shops, machine shops, accessory retail sales, and Plan 15263 accessory dwelling unit.

594 Fernhill Road (2) The maximum floor area of buildings used for repair shops and machine shops is 140 m 2 (1507 ft2), of which a maximum of 5 m2 (54 ft2) may be used for the retail sale of articles not used directly in the repair of vehicles and machines.

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BL 175 5.11 Commercial 4 (C4) Zone The purpose of the Commercial 4 Zone is to provide for and regulate small scale commercial uses intended for the servicing and maintenance of vehicles.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Gasoline service stations including accessory propane sales; (b) Auto body repair shops; (c) Retail sales; (d) Rental of tools and garden equipment; BL 175 (e) offices; (f) Accessory dwelling unit for the accommodation of the owner, operator, or employee of a permitted principal use; (g) Accessory uses, buildings and structures.

Density (2) One principal building accommodating one principal use and one accessory dwelling unit per lot. (3) The maximum number of accessory buildings, other than an accessory dwelling unit, utility shed, or BL 175 woodshed is 4. (4) The maximum lot coverage is 35%. BL 175 (5) The maximum total floor permitted for office use is 93 m2.

Siting and Size

(6) The minimum setback for any building or structure is:

(a) 8 metres (26 feet) from any front, rear, or exterior side lot line;

(b) 5 metres (16.4 feet) from any interior side lot line; (7) The maximum height for any principal building or accessory dwelling unit is 9 metres (29.5 feet). (8) The maximum height for any accessory building or structure, other than an accessory dwelling unit, is 5 metres (16.4 feet).

Subdivision Lot Area Requirements (9) The minimum lot area is 0.2 hectares (0.5 acres). (10) The average lot area must not be less than 0.2 hectares (0.5 acres).

Conditions of Use (11) All materials, including unlicensed motor vehicles, stored on a lot must be located within buildings or enclosed storage areas.

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(12) Lots on which commercial uses are carried on must be screened from residential uses on adjoining lots by a landscape screen not less than 1.5 metres in height and complying with the provisions of Section 3.8.

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5.12 Country Guest House Commercial (C5) Zone The purpose of the Country Guest House Commercial Zone is to provide regulations for inns in rural locations.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Guest House; (b) Agriculture; (c) Accessory dwelling unit; BL 148 (d) Accessory restaurant; (e) Accessory uses, buildings and structures.

Density (2) The maximum lot coverage is 10%. (3) One guest house per lot. (4) One accessory dwelling unit per lot. BL148 (5) One accessory restaurant, located within a guest house, per lot. (6) The maximum number of accessory buildings is four per lot, other than an accessory dwelling unit, utility sheds, or woodsheds.

Siting and Size (5) The minimum setback for any building or structure, except a sign, fence, or pumphouse is: (a) 8 metres (26 feet) from any front, rear, or exterior side lot line; (b) 3 metres (10 feet) from any interior side lot line; (6) The maximum height of any guest house or dwelling unit is 9 metres (29.5 ft.). (7) The maximum height of any accessory building or structure is 5 metres (16.4 ft.). (8) The maximum height of any accessory building or structure used for agricultural purposes is 15 metres (49 ft.).

Subdivision Lot Area Requirements (9) The minimum lot area is 4 hectares (10 acres).

Conditions of Use (13) Outdoor storage areas and tourist accommodation uses, including restaurants and parking areas, must be screened from residential uses on adjoining lots by a landscape screen not less than 1.5 metres in height and complying with the provisions of Section 3.8.

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Site Specific Regulations (14) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter reference the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply: BL148

Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone C5(a) Lot 22, Sections 5 And 6, (1) In addition to the uses permitted in 5.12(1), Riding Stables, Mayne Island, Cowichan are also permitted in this location. District, Plan 29750 (2) The maximum number of tourist accommodation units is 12 630 Dinner Bay Road and the maximum floor area of a guest house use is 836 m 2 (9000 ft2).

(3) The maximum floor area of an accessory restaurant use is 56 m2 (603 ft2).

(4) The maximum floor area of an accessory dwelling unit is 140 m2 (1507 ft2)

C5(b) Lot 5, Section 8, Mayne (1) The maximum number of tourist accommodation units is 8 Island, Cowichan District, and the maximum floor area of a guest house use is 557 m 2 Plan 15263 (5996 ft2).

610 Fernhill Road (2) The maximum floor area of an accessory restaurant use is 37 m2 (398 ft2).

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5.13 Industrial One (I1) Zone The purpose of the Industrial One Zone is to provide for and regulate small scale non-polluting industrial activities.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Industrial use; (b) Warehousing and storage; (c) Highway maintenance yard; (d) Accessory dwelling unit for the accommodation of the owner, operator, or employee of a permitted principal use; (e) Accessory uses, buildings and structures. (f) Waste transfer station

Density (2) One principal building accommodating one principal use and one accessory dwelling unit per lot. (3) The maximum number of accessory buildings, other than an accessory dwelling unit, utility sheds, or woodsheds is 4. (4) The maximum floor area ratio is 0.25. (5) The maximum lot coverage is 35%.

Siting and Size

(6) The minimum setback for any building or structure is:

(a) 8 metres (26 feet) from any front, rear, or exterior side lot line;

(b) 5 metres (16.4 feet) from any interior side lot line, or 3 metres (9.8 feet) for an accessory dwelling unit.

(7) Waste transfer station uses must be sited no less than 15 metres from any lot in the Settlement Residential Zone, Rural Residential One and Two Zones, Rural Zone, Upland Zone and Agricultural Zone. (8) The maximum height for any principal building or accessory dwelling unit is 9 metres (29.5 feet). (9) The maximum height for any accessory building or structure, other than an accessory dwelling unit, is 5 metres (16.4 feet).

Subdivision Lot Area Requirements (10) The minimum lot area is 0.4 hectares (1 acre).

Conditions of Use

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(11) All parts, machinery and equipment stored on a lot must be located within buildings or enclosed storage areas. (12) The storage of toxic, noxious, explosive, odorous, or radioactive material is prohibited. (13) Goods, materials and equipment may not be stored within 7.5 metres (25 feet) of a watercourse, wetland or other water body. (14) Waste Transfer Station use is only permitted on lots larger than 0.4 hectare in area. (15) Lots on which industrial, warehousing, storage or highway maintenance yard uses are carried on must be screened from residential and commercial uses on adjoining lots by a landscape screen not less than 1.5 metres in height and complying with the provisions of Section 3.8. Site Specific Regulations (16) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter reference the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply: Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone BL 162 I1(a) Lot F, Section 11, Mayne (1) Despite 5.13(1) the only permitted uses at this location are Island, Cowichan District, those permitted by 5.13(1)(a), (b), (d), (e) and (f) and ready- Plan Vip58021 mix concrete plant, and the sale of soil, gravel, dry cement and ready-mix concrete. 513 Fernhill Road (2) Despite 5.13(5), the maximum lot coverage in this location is 50%.

BL 162 I1(b) Lot A, Section 12, Mayne (1) Despite 5.13(1) the only permitted uses in this location are Island, Cowichan District, waste transfer stations, the maintenance, repair and storage Plan 43041 of vehicles, equipment and materials used for the provision, maintenance or repair of utilities and accessory uses, buildings and structures.

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5.14 Community Service (S1) Zone The purpose of the Community Service Zone is to provide for and regulate public and community services for residents and visitors.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Community service uses; (b) Recreation facilities; (c) Parks; (d) Clubs; (e) Accessory uses, buildings and structures.

Density (2) The maximum lot coverage is 35%.

Siting and Size

(3) The minimum setback for any building or structure is:

(a) 8 metres (26 feet) from any front, rear, or exterior side lot line;

(b) 5 metres (16.4 feet) from any interior side lot line; (4) The maximum height for any principal building or structure is 9 metres (29.5 feet). BL 162 (5) The maximum height for any accessory building or structure is 5 metres (16.5 feet).

Subdivision Lot Area Requirements BL 162 (6) The minimum lot area is 0.4 hectares (1 acre).

Site Specific Regulations BL 162 (7) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter reference the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone S1(a) Lot 10, Section 8, Mayne (1) Despite 5.14(1), the only uses permitted in this location are Island, Cowichan District, clubs, halls and recreation facilities. Plan 8200

Fernhill Road

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5.15 Local Community Service (S2) Zone The purpose of the Local Community Service Zone is to provide for and regulate public and community infrastructure for residents and visitors.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Community water supply facilities; (b) Community sewage treatment facilities; (c) Passive Recreation Parks; (d) Accessory uses, buildings and structures.

Density (2) The maximum lot coverage is 10%.

Siting and Size

(3) The minimum setback for any building or structure is:

(a) 8 metres (26 feet) from any front, rear, or exterior side lot line;

(b) 5 metres (16.4 feet) from any interior side lot line; (4) The maximum height for any principal building or structure is 9 metres (29.5 feet). BL 162 (5) The maximum height for any accessory building or structure is 5 metres (16.5 feet).

Subdivision Lot Area Requirements BL 162 (6) The minimum lot area is 10 hectares (24 acres).

Site Specific Regulations BL 162 (7) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter reference the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply: Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone S2(a) The land designated as (1) Despite 5.15(1), the only uses permitted in this location are park on Plan 21991 and community water supply facilities. on Plan 16191

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5.16 Transportation Service (S3) Zone The purpose of the Transportation Service Zone is to provide for and regulate land devoted to providing access, services, and parking to marine ferries.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Ferry Terminal; (b) Accessory uses, buildings and structures.

Density (2) The maximum lot coverage is 10%.

Siting and Size

(3) The minimum setback for any building or structure is:

(a) 8 metres (26 feet) from any front, rear, or exterior side lot line;

(b) 5 metres (16.4 feet) from any interior side lot line;

(4) The maximum height for any principal building or structure is 9 metres (29.5 feet).

(5) The maximum combined floor area for all accessory commercial uses is 70 m2 (753 ft2).

BL 162 (6) The maximum height for any accessory building or structure is 5 metres (16.5 feet).

BL 162 Subdivision Lot Area Requirements (7) The minimum lot size is 10 hectares (24 acres).

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5.17 Community and Regional Park (P) Zone The purpose of the Community and Regional Park Zone is to provide for and regulate public parklands for residents and visitors.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Parks; (b) Accessory uses, buildings and structures.

Density (2) The maximum lot coverage is 10%.

Siting and Size

(3) The minimum setback for any building or structure is:

(a) 8 metres (26 feet) from any front, rear, or exterior side lot line;

(b) 5 metres (16.4 feet) from any interior side lot line; BL 162 (4) The maximum height for any building or structure is 9 metres (29.5 feet).

Subdivision Lot Area Requirements (5) The minimum lot size is 0.4 hectares (1 acre).

Site Specific Regulations (6) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter reference the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply: Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone P(a) The land designated as (1) In addition to the uses permitted in 5.17(1) above, a putting park on Plan 29750 green is permitted in this location.

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5.18 National Park (NP) Zone The purpose of the National Park Zone is to recognize the lands in the Gulf Islands National Park Reserve and to provide underlying zoning for these lands.

Information Note: The Federal Crown is not subject to local government regulations, including zoning, and uses consistent with the Canada National Parks Act and other approved Gulf Islands National Park Reserve management documents are generally permitted on lands in the National Park Reserve.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Informational, interpretive, cultural, and historical uses and facilities; (b) Natural and cultural resource management and protection; (c) Camping and picnicking areas; (d) Park operations and maintenance facilities; (e) Accessory uses, buildings and structures.

Density (2) The maximum lot coverage is 10%.

Siting and Size (3) The minimum setback for any building or structure is 7.6 metres (25 feet) from any lot line;

(4) The maximum height for any building or structure is 9 metres (29.5 feet).

Subdivision Lot Area Requirements (5) The minimum lot size is 65 hectares (160 acres).

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5.19 Resource Conservation (RC) Zone BL 162 The purpose of the Resource Conservation Zone is to provide for and regulate lands reserved and protected for conservation purposes.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Conservation areas and ecological reserves; (b) Stairs, walkways, footbridges, fences, signs, and utility sheds.

Density (2) The maximum lot coverage is 5%.

Subdivision Lot Area Requirements (3) The minimum lot size is 0.6 hectares (1.5 acres).

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5.20 Water Protection (W1) Zone BL 162 The purpose of the Water Protection Zone is to regulate uses of and impacts on the marine environment and foreshore.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: BL 162 (a) Marine navigational aids; For certainty, no building or structures may be constructed or erected in the W1 zone.

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5.21 Water Moorage (W2) Zone The purpose of the Water Moorage Zone is to provide for and regulate accessory private moorage on the foreshore and marine waters adjacent to Mayne Island.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: BL 162 (a) Marine navigational aids; (b) Docks, accessory to the residential use of an upland lot or lots abutting the natural boundary of the sea. For certainty, no building may be constructed or erected on any dock and no commercial or industrial use may be conducted on any structure in the W2 zone. Siting and Size (2) The maximum height of any structure is 5 metres (16.4 feet), as measured from the ordinary high water mark.

Site Specific Regulations BL154

(3) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter reference the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone W2(a) The foreshore adjacent to (1) In addition to the uses permitted in Lots 7, 8 and 9, Section 6, 5.21(1), a rock retaining wall is permitted in Mayne Island, Cowichan this location.” District, Plan 22057

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5.22 Water Commercial (W3) Zone The purpose of the Water Commercial Zone is to provide for and regulate commercial uses on the foreshore and marine waters adjacent to Mayne Island.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: BL 162 (a) Marine navigational aids; (b) Marinas; (c) Wharfage for sea planes, water taxis and fishing boats; (d) Fish and seafood sales; (e) Docks accessory to a permitted principal use; (f) Marine fuel sales and boat sales and rentals accessory to principal marina use; (g) Marine septic pump-out facilities;

Density (2) For all uses other than marine septic pump-out facilities, the maximum density is one building with a maximum floor area of 9m2 (97ft2) per water lot lease or license area.

Siting and Size BL 162 (3) The maximum height of any building or structure constructed on a dock is 4 metres (13 feet), as measured from surface of the dock. Parking (4) Off-street parking must be provided in accordance with Part 7 of this Bylaw and must be located on an adjacent upland lot.

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5.23 Community Wharf (W4) Zone The purpose of the Community Wharf Zone is to provide for and regulate public wharfs on the foreshore and marine waters adjacent to Mayne Island.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: BL 162 (a) Marine navigational aids; (b) Community Wharf; (c) Docks accessory to a permitted principal use; (d) Wharfage for sea planes, water taxis and fishing boats; (e) Fish and seafood sales; (f) Marine septic pump-out facilities;

Siting and Size (2) The maximum height of any building or structure constructed on a dock is 4 metres (13 feet), as measured from surface of the dock. (3) The maximum floor area of any building or structure is 20% of the area of the dock on which it is located. Parking (4) Off-street parking must be provided in accordance with Part 7 of this Bylaw and must be located on an adjacent upland lot. Site Specific Regulations (5) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case letter reference the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply: Column 1 Column 2 Column 3 Site- Location Description Site Specific Regulations Specific Zone W4(a) Water Lot 352, Cowichan (1) In addition to the uses permitted in 5.23(1), storage and sale District of petroleum fuels is permitted in this location.

BL 169 W4(b) Water Lot DL 2070, (1) Buildings are not permitted in this location. Cowichan District

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5.24 National Park Waters (W5) Zone The purpose of the National Park Waters Zone is to recognize the waters administered by Parks Canada (off Campbell Point – Bennett Bay and surrounding Georgeson Island) and to provide underlying zoning for these areas.

Information Note: The Federal Crown is not subject to local government regulations, including zoning, and uses consistent with the Canada National Parks Act and other approved Gulf Islands National Park Reserve management documents are generally permitted on lands, including submerged lands, in the National Park Reserve.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Marine navigational aids; (b) Natural and cultural resource management and protection; (c) Docks, wharfage and moorage accessory to the upland National Park zone;

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5.25 Senior Citizens Housing Comprehensive Development One (CD1) Zone The purpose of the Senior Citizens Housing Comprehensive Development One Zone is to provide for and regulate the development of housing for senior citizens in one location in a comprehensive manner.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Senior citizen residential use; (b) Accessory office for the management of the senior citizens housing, accessory workshop, accessory library, accessory meeting area; (c) Utility shed.

Density (2) A maximum of eight duplexes, containing two dwelling units each. (3) The maximum floor area of each dwelling unit is 90m2 (969 ft2). (4) One attached carport per dwelling unit with a maximum floor area of 25m2 (269ft2). (5) The maximum combined floor area of all accessory buildings is 235m2 (2530 ft2).

Siting and Size (6) All the accessory uses permitted by 5.25(1)(b) shall be sited within one building. (7) The minimum setback for any building or structure is: (a) 6 metres (20 feet) from any SR zone boundary; (b) 3 metres (10 feet) from any front, rear, or side lot line; (8) The maximum height for any dwelling unit is 9 metres (29.5 feet). (9) The maximum height for any accessory building or structure is 5 metres (16.5 feet).

Subdivision Lot Area Requirements (10) The minimum lot area is 1.8 hectares (4.4 acres). Conditions of Use (11) Accessory buildings and structures and parking areas must be screened from residential uses on adjoining lots by a landscape screen not less than 1.5 metres in height and complying with the provisions of Section 3.8.

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5.26 Comprehensive Development Two (CD2) Zone The purpose of the Comprehensive Development Two zone is to provide for and regulate the development of a mix of tourist accommodation, other commercial, and ground-oriented residential uses on a specific site in Miners Bay which has historically been zoned for development of a significant number of tourist accommodation units.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Tourist accommodation; (b) Residential; (c) Retail sales; (d) Restaurant; (e) Offices, including financial services and travel agencies; (f) Personal services; (g) Medical and dental clinics; (h) Employee housing; (i) Accessory dwelling units; (j) Accessory uses, buildings and structures.

Density (2) The maximum lot coverage is 20%. (3) The maximum floor area is 4645 m2 (50,000 ft2). (4) The maximum floor area devoted to each of the following uses is: (a) 2787 m2 (30,000 ft2) of tourist accommodation uses; (b) 929 m2 (10,000 ft2) of residential uses; (c) 70 m2 (754 ft2) of retail sales uses; (d) 465 m2 (5,005 ft2) of combined restaurant, office, personal service, medical and dental clinic uses; (5) The maximum floor area of any tourist accommodation unit is 100m2 (1076 ft2). (6) The maximum number of tourist accommodation units is 10, except when a minimum of two employee housing units are constructed and maintained, then the maximum number of tourist accommodation units is 30. (7) The maximum number of residential dwelling units is 10 units, consisting of detached units or duplexes containing 2 residential dwelling units each. (8) The maximum floor area of any residential dwelling unit is 93 m2 (1000 ft2). (9) The maximum number of accessory employee housing units is 10. (10) The maximum floor area of any accessory employee housing unit is 60m2 (646 ft2). (11) The maximum number of accessory dwelling units is two. (12) The maximum floor area of any accessory dwelling unit is 186 m2 (2002 ft2).

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Siting, Size and Location of Uses (13) The minimum setback for any building or structure is: (a) 8 metres from any lot line abutting a highway or the Settlement Residential zone; (b) 3 metres from any other lot line.

(14) The maximum height of any building containing tourist accommodation units, an accessory dwelling unit, or a restaurant is 9 metres (29.5 ft.) and two storeys.

(15) The maximum height of any residential dwelling unit permitted by 5.26(1)(b) is one storey and 5 metres (16.4 feet).

(16) The maximum height of any accessory building or structure is 5 metres (16.4 ft.).

(17) The only uses permitted to be located in the area designated as Area A on Schedule 5.26(a) are:

(a) Tourist accommodation; (b) Retail sales; (c) Restaurant; (d) Offices, including financial services and travel agencies; (e) Personal services; (f) Medical and dental clinics; (g) Employee housing; (h) Accessory dwelling units; (i) Accessory uses, buildings and structures.

(18) The only uses permitted to be located in the area designated as Area B on Schedule 5.26(a) are:

(a) Residential; (b) Uses, buildings and structures accessory to residential use;

Subdivision Lot Area Requirements

(19) The minimum lot size is 0.4 hectares (1 acre).

Parking Requirements

(20) Despite 7.4(1), the number of parking spaces required for the residential use permitted by 5.26(1)(b) is one per dwelling unit and a total of 3 spaces for guest parking.

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Schedule 5.26(a) CD2 zone

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BL 169

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5.27 Community Wharf Upland (CWU) Zone The purpose of the Community Wharf Upland Zone is to provide for and regulate upland uses required to support adjacent Community Wharf.

Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: (a) Parking for adjacent community wharf; (b) Washroom facilities; (c) Sewage pump out facilities; (d) Accessory uses, buildings and structures.

Density (2) The maximum lot coverage is 35%.

Siting and Size

(3) The minimum setback for any building or structure is:

(a) 8 metres (26 feet) from any front, rear, or exterior side lot line;

(b) 5 metres (16.4 feet) from any interior side lot line; (4) The maximum height for any structure is 5 metres (16.5 feet).

Subdivision Lot Area Requirements (5) The minimum lot area is 0.4 hectares (1 acre).

Parking (6) Despite the parking requirements specified in Section 7.4 a minimum of 15 parking spaces are required to be provided within 125 metres of an adjacent community wharf facility. The required parking spaces can be located on a public highway; however, they must be sited within the Community Wharf Upland zoning that is adjacent to the community wharf.

PART 6 SIGN REGULATIONS

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6.1 Permitted Signs

(1) All signs except those prohibited in Section 6.2 are permitted

6.2 Prohibited Signs

(1) Any sign that is animated, flashing, or noise-making is prohibited.

(2) Third party signs are prohibited.

6.3 Exempt Signs

The following signs are exempt from the regulations in this part:

(1) Directional, traffic control, informational, interpretive and navigational signs sited and maintained by a public authority, public agency or their authorized agents.

(2) Signs pertaining to the lease, sale, or status of a lot or building, or name of owner or address, provided no one sign exceeds a total area of 1.0 square metre (10.8 sq. ft.) in area.

(3) Signs of candidates for public office, who are recognized as candidates by the public agency in which they seek office, provided they are removed within 48 hours of the date of election.

6.4 Siting

(1) Despite 3.3(2), a sign permitted in this part may be located in a required front yard or exterior side yard setback area.

6.5 Sign Number and Area

(1) Every sign is to comply with the provisions pertaining to the number of signs and the maximum total area of signs set out in Table 6.1 in respect of the zone in which the sign is proposed to be located.

Table 6.1: Sign Number and Area Zone Number of Signs Permitted for Maximum Total Sign Area Permitted for each Lot, Premise or Use Each Lot, Premise or Use SR 1 per lot 1 square metre (10.8 sq. ft.) maximum RR1 sign area RR2 MBRC R UP A C5 CD1 C1 2 per premise 4 square metre (43 sq. ft.) total combined C2 maximum sign area C3 C4 W3

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CD2 I1 1 per premise or facility 4 square metre (43 sq. ft.) maximum sign S1 area S2 S3 P NP W4 RC None Not applicable W1 W2

6.5 Obsolete Signs

(1) Any sign which has become obsolete because of the discontinuance of the business, service or activity which it advertises must be removed from the premises within thirty days after the sign becomes obsolete.

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PART 7 PARKING REGULATIONS

7.1 Location

(1) All required off-street parking spaces shall be located on the lot on which the use or occupancy in respect of which they are required is located. Parking spaces located on a highway may not be taken into account in determining compliance with the standards in this part.

BL 162 (2) Despite 7.1(1), off-street parking spaces may be located on a lot within 100 metres (328 feet) of the use, building, or structure being served, provided that access to the parking spaces is secured by means of registered easement and a s. 219 covenant in favour of the Local Trust Committee.

7.2 Design Standards

(1) Each parking space shall be accessible to a highway via a manoeuvring aisle not less than 7.5 metres in width in the case of 90 degree parking; 5.5 metres (18 feet) in width in the case of 60 degree parking; and 3.5 metres (11.5 feet) in width in the case of 45 degree and parallel parking; and no parking space may abut a highway such that the use of the parking space necessitates reversing a motor vehicle from or onto the highway. If a parking space is accessible directly from a lane the combined length of the parking space and width of the lane shall be at least 12.5 metres (41 feet).

(2) Parking spaces shall be at least 2.75 metres (9 feet) in width and 6.25 metres (20.5 feet) in length, exclusive of manoeuvring aisles, and have unobstructed vertical clearance of at least 2 metres (6.6 feet). Parallel parking spaces shall notwithstanding the foregoing have a length of 7.5 metres (24.6 feet).

7.3 Calculation

(1) In the calculation of parking required stalls, one additional space shall be provided in respect of any fractional floor area, number of seats or berths or other unit of measurement and the requirements for sites on which more than one use occurs are cumulative.

BL 162 (2) Where a particular use is not listed in Table 7.1, the number required for the most similar listed use applies.

7.4 Number of Off-Street Parking Spaces

(1) Every owner or occupier of land shall provide and maintain off-street parking spaces in conformity with the standards set out in Table 7.1 in respect of the use or occupancy that is applicable to the owner's land.

Table 7.1 : Number of Off-Street Parking Spaces Use of Building or Lot Minimum Number of Parking Spaces Required Single Family Residential 2 per dwelling unit Seniors Citizens Housing 1 per dwelling unit plus 1 per 4 dwelling units for guest parking Apartment and Cottage 1 per dwelling unit residential Retail, offices, financial 1 per 30 m2 (323 ft2) of floor area services, personal

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Table 7.1 : Number of Off-Street Parking Spaces Use of Building or Lot Minimum Number of Parking Spaces Required services, medical and dental offices, printers and publishers, appliance repair, freight depots, garden supply and nursery, hardware, building supply sales, rentals, repair shops, Restaurant, café or 1 per 3 seats licensed premise Tourist accommodation 1 per tourist accommodation unit Guest house and bed and 1 per room used or intended to be used for tourist accommodation breakfasts Home occupation 2 Service station 2 per service bay Storage and sale of fuels 1 Industrial uses, 1 per 30 m (323 ft2) of floor area 2

warehousing and storage, highway maintenance yard, contractors yards, boat building and repair. Log storage and handling 3 Clubs, Halls, churches, 1 per 2 seats private clubs Schools 20 spaces Fire halls, police, post 1 per 30 m (323 ft2) of floor area 2

offices, libraries, health centres, emergency services, government offices, indoor recreation facilities. Tennis courts 3 per court Marinas, community 1 per berth wharfs, wharfage. Ferry Terminal 25 spaces and 12 pick-up/drop-off spaces BL 160 Secondary suite 1 per suite

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PART 8 SUBDIVISION REGULATIONS

8.1 Lot Area Calculations

(1) The average lot area of every subdivision must equal or exceed the applicable minimum and average lot area 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.

(2) For the purposes of determining compliance with average lot area regulations set out in Part 5 of this bylaw, areas of land in excess of 5 percent of the land being subdivided that are designated as park on the subdivision plan may be included in the total area of lots being created, and the park is deemed not to be a lot being created.

8.2 Exemptions from Average and Minimum Lot Area Requirements

(1) The lot size requirements of Part 5, the parcel regulations in sections 8.5 and 8.6 and the servicing requirements in section 8.11 do not apply:

(a) to a lot being created solely for unattended equipment necessary for the operation of facilities referred to in Section 3.1, a community sewer or water system, electrical and telecommunication utilities, telephone receiving antenna, radio or television broadcasting antenna, a telecommunication relay, an automatic telephone exchange, an air or marine navigational aid, or an electrical substation, or a similar public service facility or utility, and the owner grants to the Local Trust Committee a Section 219 covenant under the Land Title Act restricting the use of the lot to one of these uses;

(b) to a lot being created for a public park, a conservation area, or an ecological reserve;

(c) to the consolidation of 2 or more lots into a single lot;

(d) to lot boundary adjustments, provided that no additional lots are created;

(e) to subdivision solely for the purpose of adding natural accretion to a lot; or

(f) to subdivision solely for the purpose of dedicating land to the Crown.

8.3 Covenants Prohibiting Further Subdivision and Development

(1) When a subdivision is proposed that yields the maximum number of lots permitted by the applicable minimum and average lot sizes 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 size, the applicant must grant a covenant complying with s.2.6 of this Bylaw in respect of every such lot prohibiting further subdivision of the lot and prohibiting the construction, erection, or occupancy on the lot of more than one single family residential dwelling unit and where a cottage is a permitted use, more than one such cottage.

(2) When a subdivision is proposed that yields fewer than the maximum number of lots permitted by the applicable minimum and average lot sizes 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 size; and

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

the applicant must grant a covenant complying with s.2.6 of this bylaw in respect of every lot referred to in article (a) prohibiting:

(c) the subdivision of the lot so as to create a greater total number of lots by subdivision and resubdivision of the original lot than would have been created had the first subdivision created the maximum number of lots permitted by the applicable minimum and average lot sizes specified by this Bylaw; and

(d) the construction, erection, or occupancy on the lot of single family residential dwelling units and, where permitted by this Bylaw, cottages so as to create a greater density of such development on the original lot than would have been created had the original lot been developed to the greatest density permitted by this Bylaw.

(3) Where the approval of a bare land strata plan creates common property on which this Bylaw would permit the construction of a residential dwelling unit or cottage if the common property were a lot, the applicant must grant a covenant complying with s.2.6 of this bylaw in respect of the common property prohibiting the further subdivision of the common property, the construction of any residential dwelling unit or cottage on the common property, and the disposition of the common property separately from the strata lots.

8.4 Section 946 Subdivisions (Residence for a Relative)

(1) No lot having an area less than 10 ha (24.7 acres) may be subdivided under section 946 of the Local Government Act to provide a residence for a relative of the owner unless the lot is entirely within the Agricultural Land Reserve.

8.5 Lot Frontage and Lot Shape

(1) The frontage of any lot in a proposed subdivision must not be less than 20 metres (66 feet).

Information Note: Section 944 of the Local Government Act establishes that the minimum frontage on a highway must be the greater of 10% of the perimeter of the lot and the minimum frontage established by bylaw; however, the requirement for 10% lot frontage may be exempted by resolution of the Local Trust Committee.

(2) No lot in a proposed subdivision may have an average depth greater than five times its average width.

8.6 Split Zoned Lots

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

(2) The creation of an additional lot lying within two or more zones is prohibited.

8.7 Split or Hooked Lots

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8.8 Double Frontage Lots

(1) No lot having frontage on more than one highway, other than a corner lot, may be created by subdivision.

8.9 Water Access Subdivisions

(1) If a subdivision with water access only is approved on an island other than Mayne Island within the Mayne Island Local Trust Area, the owner of land being subdivided must provide motor vehicle parking spaces in accordance with Part 7 of this Bylaw in respect of each dwelling and cottage permitted in this Bylaw in respect of each lot being created. Such parking spaces must be located at the most reasonable location on Mayne Island giving access by water to the subdivision. Highway access must be provided to every lot created by subdivision on Mayne Island.

8.10 Highway Standards

Information Note: For information on road standards see the Letter of Agreement between the Islands Trust and the Ministry of Transportation and Highways, dated October 20, 1992 and amended July 18, 1996.

8.11 Water Supply Standards

(1) Where a well is proposed as a source of potable water for a proposed subdivision, the applicant for subdivision must provide the written certification under seal of an Engineer or a professional hydrogeologist with experience in groundwater hydrology that there is in respect of each building, structure, or use of land permitted by this bylaw on or to each proposed lot an available supply of potable water that meets or exceeds the Guidelines for Canadian Drinking Water Quality in the amounts set out in Table 1.

TABLE 1: Potable Water Supply Standards Use Volume (per day/lot) Residential 2275 litres Agricultural 2275 litres Commercial 3640 litres Industrial 3640 litres All other uses 2275 litres

If it is proposed to provide potable water to a lot from a well on another lot, the applicant must concurrently with the registration of the subdivision plan register against title to the lot on which the well is located:

(a) an easement in favour of each lot to which water is provided; and (b) a s. 219 covenant in favour of the Mayne Island Local Trust Committee for water supply purposes,

each of which must be in terms satisfactory to the Mayne Island Local Trust Committee.

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(a) where the applicant provides a community water system complying with the requirements of this bylaw; or (b) where the applicant grants a s. 219 covenant to the LTC and to the CRD restricting the development of the subdivision to the buildings, structures and uses in respect of which a certification has been made under subsection 8.11(1).

(3) Where applicant has provided a report by a professional engineer or hydrogeologist with experience in groundwater hydrology, and the report indicates that the water from a well does not meet the standards of potability as set in 8.11(1) and the report states that with specific treatment systems the well can be certified as to potability, the approving officer may nonetheless approve the subdivision provided that:

(a) the applicant grants a s. 219 covenant to the LTC and to the CRD restricting use and occupancy of the land and any building or structure on the land until the owner installs a water treatment system which is effective in making the water from the well potable to no less a standard than that specified in this Bylaw.

(4) For the purposes of the certification referred to in 8.11(1), the engineer or hydrogeologist must supply supporting documentation and if a pump test has been conducted the engineer or hydrogeologist must indicate that the test was of sufficient duration to establish in accordance with generally accepted hydrological engineering practice the long term reliability of the water supply.

(5) Where an engineer or hydrogeologist provides a certification under 8.11(1) as to the quality of a proposed source of potable water, the certification must include a plan of the proposed subdivision indicating the location where each water sample was taken, and a statement that the water samples upon which the water quality analysis was performed were unadulterated samples taken from the locations indicated on the plan.

(6) No community water system may be supplied with water other than that which is obtained on the island on which the system is located.

BL 158 (7) An applicant is not required to fulfill the requirements of subsections 8.11(1) for boundary adjustment subdivisions provided that: there would be no increase in density or intensity of use beyond what was permitted before the boundary adjustment took place; and that all of the lots subject to the boundary adjustment have an established supply of water.

8.12 Sewage Disposal Standards

Information Note: all new lots must satisfy the requirements of the Sewage Disposal Regulation under the Health Act.

8.13 Drainage Standards

Information Note: the Approving Officer has the authority under s. 86(1) of the Land Title Act to refuse to approve a subdivision that the Approving Officer considers has inadequate drainage.

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8.14 Characteristics of Public Access to Water Bodies

Information Note: The Approving Officer may require that highways giving access to the shore of any body of water, dedicated to the Crown at the time of subdivision, be consolidated into one or more larger areas and may require that such a highway be located in an area of high recreational value or so as to provide access to such an area, or in an area where the average gradient to the water body does not exceed 30 percent.

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SCHEDULE B (ZONING MAP)

BL 175

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SCHEDULE C (BYLAW AREA MAP)

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BL 160 SCHEDULE D (SECONDARY SUITE MAP)

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