Salt Spring Island OCP Bylaw No. 434 - Non-Village Commercial and General Employment Land Use Objectives and Policies

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Salt Spring Island Local Trust Committee 33 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

B.3 NON-VILLAGE COMMERCIAL AND GENERAL EMPLOYMENT LAND USE OBJECTIVES AND POLICIES

B.3.1 Tourism - Accommodation and Facilities

B.3.1.1 OBJECTIVES

B.3.1.1.1 To recognize and welcome the economic value to our community of tourism that is compatible with preserving and protecting the island's natural environment, authentic resident-based sense of community, and the aesthetic values that attract visitors.

B.3.1.1.2 To allow visitor accommodation to develop in a way that will best retain and distribute the resulting economic benefits and reduce any negative impacts; to avoid concentrating benefits and impacts in only a few locations.

B.3.1.1.3 To retain and maximize the economic benefits of tourism to the community.

B.3.1.1.4 To make land use decisions that would encourage tourism in the shoulder and off-seasons and discourage any significant increase in the peak period.

B.3.1.1.5 To encourage tourism that blends well with the community and complements the rural, peaceful nature of the island, and to avoid the development of tourist attractions that are unrelated to the island’s natural environment, social base or cultural heritage.

B.3.1.1.6 To provide for facilities necessary to mitigate the impacts of tourism on the island's natural or social environment. Examples are: sani-dump facilities for boats or recreational vehicles, and tour bus parking areas outside Ganges Village Core.

B.3.1.2 POLICIES

Note: Where land is located within the North Salt Spring Waterworks District, any rezoning proposals that are expected to result in a net increase in water demand must also take into account the severe restraints on the District's available water supply. Policies in Section C.3.2.2 must also be considered.

B.3.1.2.1 The Local Trust Committee will support the development of informational materials and programs that encourage low-impact tourism on Salt Spring Island.

B.3.1.2.2 Bed and Breakfast operations will continue to be allowed as home based businesses in residential areas.

B.3.1.2.3 The Local Trust Committee will not support the operation of transient accommodation units in residential zones unless they are operated as home based businesses.

B.3.1.2.4 The Local Trust Committee could consider applications to rezone properties for Guest House use, where operations larger than a permitted bed and breakfast are proposed. In considering such applications, the Committee will evaluate the impacts of the proposal on the local neighbourhood and the accommodations industry.

B.3.1.2.5 Campgrounds are permitted by zoning in some Agriculture-zoned locations. The Local Trust Committee should consider rezoning applications from property owners wishing to develop small, low impact campgrounds on larger properties in the following Designations: Rural Neighbourhoods Agriculture (subject to approval of the Agricultural Land Commission) Forestry Uplands

Salt Spring Island Local Trust Committee 34 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

Applications for such a zoning change should demonstrate an adequate water supply, appropriate sewage disposal capability, and a site plan that would be uncrowded and well buffered by natural vegetation from neighbouring properties. If the Local Trust Committee considers such rezoning applications, preference should be given to those where services can be easily reached by walking, bicycle or public transit. Rezoning applications for the development of campgrounds meant primarily for large Recreational Vehicles should not be considered.

B.3.1.2.6 The Local Trust Committee should consider an application within the Rural Neighbourhood Designation to allow hostel accommodation.

B.3.1.2.7 No additional properties on Salt Spring Island should be zoned for resorts, hotels or motels until the percentage of built units has reached at least 80 per cent of the current (2008) development potential. Future levels of development around lakes and streams should be restricted if there would be negative impacts on the supply or quality of freshwater resources.

B.3.1.2.8 To manage the impact of commercial tourist accommodation zones located in residential areas, the Local Trust Committee could consider retaining zoning to: a. limit the maximum number of tourist accommodation units in any one operation to 50 units. b. establish an appropriate total floor area for tourist operations and for the accessory uses currently allowed in commercial tourism accommodation zones. c. establish standards for vegetation screening next to residential property. d. establish density and standards for campgrounds.

B.3.1.2.9 The Local Trust Committee will not consider rezoning applications that would allow the development of large new destination resorts, large convention centres, water slides, theme parks, casinos, and mini golf courses.

B.3.1.2.10 The development of time-shared resorts will not be supported.

B.3.1.2.11 The Local Trust Committee should not approve applications to strata-title existing resorts if the level of neighbourhood impacts is expected to be greater than that of an owner-managed resort.

B.3.1.2.12 The Local Trust Committee should consider changing zoning to allow for mobile marketing on or near the Long Harbour ferry terminal.

B.3.1.2.13 The Local Trust Committee should consider changing zoning that would assist in the marketing of local products, whether in public markets or commercial outlets.

Others are encouraged to help achieve the objectives of this Section as follows:

B.3.1.2.14 Other levels of government which secure parkland on Salt Spring Island are encouraged to manage public parkland, particularly campgrounds, in a way that is compatible with the objectives of this Section.

B.3.1.2.15 The Local Trust Committee should support efforts to create informational material and to brand the island in a manner consistent with the objectives of this Plan.

Salt Spring Island Local Trust Committee 35 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

B.3.2 Home Based Businesses

B.3.2.1 OBJECTIVES

B.3.2.1.1 To accommodate a broad variety of home-based businesses consistent with the community's tradition of socioeconomic diversity, self-sufficiency and private initiative.

B.3.2.1.2 To ensure that home based businesses remain compatible with the residential and rural character of neighbourhoods and do not have an unacceptable impact on the natural environment.

B.3.2.1.3 To protect the vitality and viability of village businesses.

B.3.2.1.4 To promote home based businesses as a significant means of satisfying the community's employment needs so that economic benefits are retained in the community.

B.3.2.2 POLICIES

Note: Where land is located within the North Salt Spring Waterworks District, any rezoning proposals that are expected to result in a net increase in water demand must also take into account the severe restraints on the District's available water supply. Policies in Section C.3.2.2 must also be considered.

HOME STUDIO photo: M. Levy

B.3.2.2.1 Home based businesses will continue to be allowed in all areas where residential use is permitted and will be regulated by zoning.

B.3.2.2.2 The Local Trust Committee could consider rezoning applications from owners of larger properties who wish to operate a home-based industry, such as light manufacturing, assembly, and repair services. Such industries could occupy more space and employ more people than would normally be allowed for a home-based business. Should the Committee consider such applications, it should ensure that this use would be limited to those industries that can operate compatibly with the quiet rural character of the island, could be well-screened by vegetation and would not have a significant negative effect on the neighbourhood or the natural environment. The Committee should also consider a way of guiding the design of sites and buildings used for home based industries, such as through the Development Permit process.

Others are encouraged to help achieve the objectives of this Section as follows:

Salt Spring Island Local Trust Committee 36 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

B.3.2.2.3 The Capital Regional District is encouraged to extend its educational programs about liquid waste disposal to home based businesses on Salt Spring Island.

B.3.2.2.4 The Ministry of Environment is encouraged to offer its educational programs regarding waste handling and management to home based businesses.

B.3.3 General Employment and Commercial Services

B.3.3.1 OBJECTIVES

BL488 (07/20) B.3.3.1.1 To provide an adequate amount of land zoned for general employment use that is affordable, appropriately services and well located to accommodate local economic development.

BL488 (07/20) B.3.3.1.2 To accommodate additional commercial and general employment land uses where there is a community need, with a preference for those with a low demand for transportation and energy infrastructure requirements. To carefully consider the addition of other clustered sites for general employment operations, to keep needed businesses on the island or to attract needed businesses onto the island.

BL488 (07/20) B.3.3.1.3 To ensure that general employment uses are located in a way that reduces impacts on neighbouring properties and the natural environment.

B.3.3.1.4 To avoid the location of large scale, heavy industry on Salt Spring Island.

BL488 (07/20) B.3.3.1.5 To allow for the development of affordable homes in combination with general employment land uses.

B.3.3.1.6 To ensure that industrial waterfront zones are primarily occupied by industries dependent upon a marine location.

B.3.3.1.7 To accommodate temporary industrial uses in appropriate locations.

B.3.3.2 POLICIES

Note: Where land is located within the North Salt Spring Waterworks District, any rezoning proposals that are expected to result in a net increase in water demand must also take into account the severe restraints on the District's available water supply. Policies in Section C.3.2.2 must also be considered.

BL488 (07/20) B.3.3.2.1 The areas designated for General Employment and Commercial Services are shown on Map 1 – Plan Area with Land and Shoreline Use Designations. Specific general employment uses will also continue to be allowed in the General Employment and Commercial zones that currently exist in other Designations.

BL488 (07/20) B.3.3.2.2 Zones within the General Employment and Commercial Services Designation will continue to allow a variety of general employment and commercial uses.

B.3.3.2.3 The Local Trust Committee could consider rezoning applications for additional industrial land next to tidal waterfront, if it becomes necessary to meet community needs. If additional industrial land is created in such locations, the Committee should ensure it is used only by industries that are dependent on a marine location.

BL488 (07/20) B.3.3.2.4 The Local Trust Committee should not make zoning changes that would result in a net loss of developable general employment land on Salt Spring Island.

Salt Spring Island Local Trust Committee 37 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

BL488 (07/20) B.3.3.2.5 Deleted

BL488 (07/20) B.3.3.2.6 The Local Trust Committee should consider rezoning applications that would transfer general employment development potential from inappropriate locations to more suitable ones.

B.3.3.2.7 Local zoning should not allow new heavy or extractive industries that are not needed by the local community.

BL488 (07/20) B.3.3.2.8 The Local Trust Committee should consider rezoning applications that would reduce the minimum lot size that can be created in general employment zones to about 0.2 ha. The Committee could consider rezoning applications to reduce the minimum lot size to about 0.1 ha as part of a proposal to provide an eligible community amenity or transfer development potential from a less suitable location.

BL488 (07/20) B.3.3.2.9 To accommodate those who wish to operate a temporary industry on non-general employment land, the Local Trust Committee could issue Temporary Use Permits as discussed in Part G.

BL488 (07/20) B.3.3.2.10 If additional land is required for general employment uses necessary for the community, the Loca Trust Committee could consider rezoning applications for properties near the junction of Rainbow and Atkins roads, near the junction of Long Harbour and Upper Ganges roads, and near the junction of Fulford-Ganges and Beaver Point roads.

BL488 (07/20) B.3.3.2.11 Removal of up to 2 hectares from the Agricultural Land Reserve to create land zoned for general employment uses in the locations identified in Article B.3.3.2.10 could be supported, consistent with policy B.6 RESOURCE LAND USE OBJECTIVES AND POLICIES, Article B.6.2.2.15. In reviewing such applications, the Committee should consider whether:

a. the site has limited agricultural potential. b. existing general employment and commercial service lands have been developed to about 80 per cent of their practical development potential. c. the rezoning application applies to land that is next to or across a road from existing general employment land. d. the proposed development would be well buffered from adjacent non-general employment land. e. there are adequate water supplies and a satisfactory means of sewage disposal.

Background Note: No application to rezone land within the Agricultural Land Reserve will proceed without the support of the Agricultural Land Commission.

BL488 (07/20) B.3.3.2.12 The Local Trust Committee should consider applications to strata-title existing buildings in the General Employment and Commercial Services Designation, to provide affordable general emploayment sites.

BL488 (07/20) B.3.3.2.13 The Local Trust Committee should consider rezoning applications that would allow some general employment uses to locate in village sites, in combination with commercial and residential uses. The Committee should only consider such applications if the proposed use would be compatible with the general objectives for villages.

B.3.3.2.14 The Local Trust Committee should not support proposals for the exploration and extraction of peat, metals, minerals, coal and petroleum resources from Salt Spring Island.

Salt Spring Island Local Trust Committee 38 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

Background Note: The extraction of minerals is not a use of land that can be regulated or controlled by local zoning, although the processing of minerals is an industrial use and is subject to zoning. The Ministry Energy, Mines and Petroleum Resources has resource management and regulatory responsibility for the province's mineral and energy resources under the Mineral Tenure Act, Petroleum and Natural Gas Act, Coal Act and the Mines Act. The tenuring of aggregate resources on Crown Lands is the responsibility of the Integrated Land Management Bureau under the Land Act. The Ministry of Energy, Mines and Petroleum Resources is responsible for the reclamation, permitting, inspection and safety of sand and gravel extraction operations. The Ministry commonly consults with the Local Trust Committee in considering issuing approvals for mining activities and can take local policies and regulations into account.

Others are encouraged to help achieve the objectives of this Section as follows:

B.3.3.2.15 The Ministry of Energy, Mines and Petroleum Resources is urged to consider the unique provincial interests expressed in the Islands Trust Act in its management and regulatory decisions regarding mineral resources on Salt Spring Island. The Ministry is further urged to ensure that the Local Trust Committee is notified of and consulted on any mineral exploration and development proposals involving surface disturbance on Salt Spring Island and that the Ministry implements recommendations of the Local Trust Committee to regulate and address impacts.

B.3.3.2.16 The Ministry of Energy, Mines and Petroleum Resources and the Ministry of Community Development are urged to work, in consultation with the Islands Trust and holders of mineral claims in the Islands Trust Area, to resolve the apparent policy conflicts in the provincial interest as expressed in the Islands Trust Act and the acts that govern the province's mineral and petroleum resources. It is recommended that such resolution occur before or as part of the provincial Environmental Assessment Process or the Work Systems Approval process and before consideration of approval-in-principle or the issuance of permits and licenses, should any proposals for mineral development on Salt Spring Island be made. It is recommended that policy resolution also involve consultation with the Ministry of Environment and Private Managed Forest Land Council, whose interests would also be affected by mineral development on Salt Spring Island. Should surface disturbance be allowed before policy resolution, the Ministry is strongly urged to recognize and apply permit conditions to preserve important parts of the local environment and protect development from natural hazards.

B.3.3.2.17 Holders of mineral claims on Salt Spring Island are strongly urged to await the policy resolution recommended in Policy B.3.3.2.15 before making proposals to develop mineral claims on Salt Spring Island.