North Pender Island Land Use Bylaw No. 224

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NORTH PENDER ISLAND LAND USE BYLAW NO. 224, 2022

AS AMENDED BY NORTH PENDER ISLAND LOCAL TRUST COMMITTEE BYLAWS: 229 and 234

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 Street, Victoria, B.C. V8R 1H8

Consolidated: March 11, 2024

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TABLE OF AMENDMENTS Bylaw No. Date of Adoption Date of Bylaw Map Amendments Consolidation Bylaw No. 229, Amendment No. 1, 2022 December 12, 2023 December 14, 2023 Schedule B Bylaw No. 234, Amendment No. 1, 2023 March 11, 2024 March 11, 2024 N/A

North Pender Island Land Use Bylaw No. 224, 2022

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NORTH PENDER ISLAND LOCAL TRUST COMMITEE LAND USE BYLAW NO. 224, 2022

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 North Pender Island Local Trust Area.

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

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

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

1. This Bylaw may be cited for all purposes as the “North Pender Island Land Use Bylaw No. 224, 2022”.

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 North Pender 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) (4) Schedule D (Detailed Plans – R(b) Siting Plan) (5) Schedule E (Detailed Plans – W3(a) Seawall Plan) (6) Schedule F (Comprehensive Development Zones – Plan CD1(a))

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. 103 cited “North Pender Island Land Use Bylaw 103, 1996” and all of its amendments are repealed.

North Pender Island Land Use Bylaw No. 224, 2022

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READ A FIRST TIME THIS 11TH DAY OF MARCH 2023.

READ A SECOND TIME THIS 11TH DAY OF MARCH 2023.

PUBLIC HEARING HELD THIS 13TH DAY OF MAY 2023.

READ A THIRD TIME THIS 13TH DAY OF MAY 2023.

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS 24TH DAY OF MAY 2023.

ADOPTED THIS 26TH DAY OF MAY 2023.

CHAIR SECRETARY

North Pender Island Land Use Bylaw No. 224, 2022

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SCHEDULE A

TABLE OF CONTENTS

SCHEDULE A _____________________________________________________________________________ 1

1.1 Definitions ____________________________________________________________________ 6

1.2 Referencing___________________________________________________________________ 13

1.3 Units of Measure _______________________________________________________________ 13

1.4 Information Notes ______________________________________________________________ 13

PART 2 ADMINISTRATION ________________________________________________________________ 14

2.1 Application ___________________________________________________________________ 14

2.2 Conformity ___________________________________________________________________ 14

2.3 Inspection ____________________________________________________________________ 14

2.4 Violation _____________________________________________________________________ 14

2.5 Penalty ______________________________________________________________________ 14

2.6 Covenants ____________________________________________________________________ 15

2.7 Owner’s Cost__________________________________________________________________ 15

2.8 Enforcement of Siting Regulations __________________________________________________ 15

2.9 Repeal and Replacement _________________________________________________________ 15

PART 3 GENERAL REGULATIONS ___________________________________________________________ 16

3.1 Permitted in All Zones ___________________________________________________________ 16

3.2 Prohibited in All Zones ___________________________________________________________ 17

3.3 Siting and Setback Regulations _____________________________________________________ 17

3.4 Height Regulations _____________________________________________________________ 18

3.5 Accessory Uses, Buildings and Structures _____________________________________________ 19

3.6 Fence Regulations ______________________________________________________________ 19

3.7 Home Business Regulations _______________________________________________________ 19

3.8 Home Industry Regulations _______________________________________________________ 21

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3.9 Landscape Screening and Landscape Strips ____________________________________________ 22

3.10 Secondary Suite Regulations ______________________________________________________ 22

3.11 Cistern Requirements ___________________________________________________________ 23

3.12 Derelict Vehicle Regulations _______________________________________________________ 23

3.13 Agri-tourism and Agri-tourist Accommodation Regulations ________________________________ 23

3.14 Lots Divided by a Zone Boundary ___________________________________________________ 24

3.15 Use of Common Property _________________________________________________________ 24

PART 4 ESTABLISHMENT OF ZONES ________________________________________________________ 25

4.1 Division into Zones _____________________________________________________________ 25

4.2 Zone Boundaries _______________________________________________________________ 26

PART 5 ZONE REGULATIONS ______________________________________________________________ 27

5.1 Rural Residential 1 (RR1) Zone _____________________________________________________ 27

5.2 Rural Residential 2 (RR2) Zone _____________________________________________________ 29

5.3 Rural (R) Zone _________________________________________________________________ 32

5.4 Rural Comprehensive 1 (RC1) Zone __________________________________________________ 36

5.5 Rural Comprehensive 2 (RC2) Zone __________________________________________________ 38

5.6 Agricultural (AG) Zone ___________________________________________________________ 40

5.7 Commercial 1 (C1) Zone __________________________________________________________ 43

5.8 Commercial 2 (C2) Zone __________________________________________________________ 45

5.9 Commercial 3 (C3) Zone __________________________________________________________ 48

5.10 General Industrial (GI) Zone _______________________________________________________ 50

5.11 Community Service (CS) Zone ______________________________________________________ 53

5.12 Community Housing (CH) Zone _____________________________________________________ 55

5.13 Rental Housing (RH) Zone ________________________________________________________ 56

5.14 Recycling Facility (RF) Zone _______________________________________________________ 57

5.15 Service (SD) Zone ______________________________________________________________ 58

5.16 National Park (NP) Zone__________________________________________________________ 59

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5.17 Community Park 1 (CP1) Zone _____________________________________________________ 60

5.18 Community Park 2 (CP2) Zone _____________________________________________________ 62

5.19 Ecological (ECO) Zone ___________________________________________________________ 63

5.20 Water 1 (W1) Zone _____________________________________________________________ 64

5.21 Water 2 (W2) Zone _____________________________________________________________ 66

5.22 Water 3 (W3) Zone _____________________________________________________________ 68

5.23 Water 4 (W4) Zone _____________________________________________________________ 69

5.24 Water 5 (W5) Zone _____________________________________________________________ 70

5.25 Water 6 (W6) Zone _____________________________________________________________ 71

5.26 Comprehensive Development 1 (CD1) Zone ___________________________________________ 73

PART 6 SIGN REGULATIONS ______________________________________________________________ 76

6.1 Permitted Signs ________________________________________________________________ 76

6.2 Prohibited Signs _______________________________________________________________ 76

6.3 Exempt Signs__________________________________________________________________ 76

6.4 Lighting of Signs _______________________________________________________________ 76

6.5 Obsolete Signs ________________________________________________________________ 76

PART 7 PARKING REGULATIONS ___________________________________________________________ 77

7.1 Location _____________________________________________________________________ 77

7.2 Design Standards_______________________________________________________________ 77

7.3 Calculation ___________________________________________________________________ 78

7.4 Number of Off-Street Parking Spaces ________________________________________________ 78

PART 8 SUBDIVISION REGULATIONS________________________________________________________ 80

8.1 Lot Area Calculations ____________________________________________________________ 80

8.2 Exemptions from Average and Minimum Lot Area Requirements ____________________________ 80

8.3 Covenants Prohibiting Further Subdivision and Development ______________________________ 80

8.4 Boundary Adjustment Subdivisions _________________________________________________ 81

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8.5 Lot Frontage and Lot Shape _______________________________________________________ 81

8.6 Split Zoned Lots ________________________________________________________________ 82

8.7 Split or Hooked Lots ____________________________________________________________ 82

8.8 Double Frontage Lots____________________________________________________________ 82

8.9 Water Access Subdivisions ________________________________________________________ 82

8.10 Public Access to Water Bodies _____________________________________________________ 82

8.11 Highway Standards _____________________________________________________________ 82

8.12 Standard for Potable Water Supply _________________________________________________ 83

8.13 Sewage Disposal Standards _______________________________________________________ 86

8.14 Drainage Standards _____________________________________________________________ 86

PART 9 CAMPGROUND REGULATIONS ______________________________________________________ 88

9.1 Campground Standards - Zoning____________________________________________________ 88

9.2 Campground Building Standards ___________________________________________________ 88

SCHEDULE B (ZONING MAP) _______________________________________________________________ 90

SCHEDULE C (BYLAW AREA MAP) ___________________________________________________________ 91

SCHEDULE D (DETAILED PLANS – R(B) SITING PLAN) ____________________________________________ 92

SCHEDULE E (DETAILED PLANS – W3(A) SEAWALL PLAN) ________________________________________ 93

SCHEDULE F (COMPREHENSIVE DEVELOPMENT ZONES – PLAN CD1(A) _____________________________ 94

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PART 1 INTERPRETATION

1.1 Definitions

Information Note: where defined terms appear in the body of the bylaw they are denoted by the use of italics.

"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, if the accessory use, building or structure is located on the common property in a bare land strata plan, on a strata lot in that strata plan.

"agri-tourism" means an activity referred to in Section 12 of the Agricultural Land Reserve Use Regulation.

"agri-tourist accommodation" means a use accessory to a working farm operation for the purpose of accommodating commercial guests within specific structures on specific portions of a parcel of land.

"agriculture" means the use of land, buildings or structures for a farm operation.

"animal enclosure" means a pen or fenced area used for non-grazing in which animals are confined.

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

“aquifer” means a geological formation; or a group of geological formations, or a part of one or more geological formations that is groundwater bearing and capable of storing, transmitting and yielding groundwater.

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

"buffer area" means an area of a campground in which no camping space, service building, parking area, recreational vehicle sewage disposal station, or recreation area other than a waterfront recreation area is located.

"building" means a roofed structure wholly or partially enclosed by walls, including a mobile home, used or intended to be used for supporting or sheltering any use or occupancy.

"cafe" means a restaurant in which the service of alcoholic beverages is not provided.

"camp facility" means lands, buildings, and structures used periodically for eating, sleeping, recreation and education activities serving the needs of organizations or large groups and not intended for commercial guest accommodation or use by the travelling public.

"campground" means premises developed for the provision of commercial accommodation to campers in recreational vehicles and tents, for a maximum period of 21 consecutive days at any one camping space and 3 months in any calendar year in any one campground.

"camping space" means an area of a campground developed or laid out for the accommodation of a recreational vehicle or a maximum of two tents.

“community water system” means a system of waterworks that serves more than one lot and is owned, operated and maintained by an improvement district, a regional district, a water utility, a society, or a water supplier.

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“composting facility” means the use of land, buildings or structures for processing organic matter through the biological decomposition of organic materials in accordance with the Environmental Management Act, Public Health Act, Organic Matter Recycling Regulation, and the Capital Regional District Composting Facilities Regulation Bylaw.

"contractor yard" means the use of land, buildings, or structures for the storage of materials, equipment, and vehicles for a building, construction, landscaping business, or other trades.

"construction trailer" means a non-residential building which is manufactured and pre-assembled, which is designed to be moved from one place to another and which is designed not to be supported on a permanent foundation.

"cottage" means a dwelling with a limited floor area that is located on the same parcel as another dwelling.

"dock" means a structure or set of structures, accessory to an abutting upland lot, and may consist of a ramp, walkway, and float, constructed on or over the water that is connected to the shore, and that is used for the purpose of mooring private boats and for providing pedestrian access to and from the moored boats.

"dwelling" means a building used as a residence for a single household and containing a single set of facilities for food preparation and eating, sleeping and living areas.

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

"employee housing" means the use of a dwelling, 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.

"Farm operation" means a farm use as defined under the Agricultural Land Commission Act.

"Farm Status" means land classified as a farm pursuant to the (BC) Assessment Act.

"farm retail sales" means the retail sale of tangible farm products grown or raised on a farm or association to which the owner of the farm belongs.

"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 moorage place for marine transport or for recreational purposes 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 bed.

"floor area" means the total area of all storeys of a building measured to the interior surface of the exterior walls, exclusive of any 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 a ceiling of at least 1.5 metres apart constitute a storey.

"floor area ratio" means the figure obtained by dividing the total floor area of all buildings and structures on a lot by the total lot area.

"frontage" means the length of that lot boundary which abuts a highway, other than a lane or a walkway, or an access route in a bare land strata plan.

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"Groundwater" means water naturally occurring below the surface of the ground.

"Guidelines for Canadian Drinking Water Quality" means the current edition of the publication of that name published by Health Canada.

"hazardous waste" means any chemical compound, mixture, substance or article which is defined as a hazardous waste in the Hazardous Waste Regulation enacted under the Environmental Management Act.

"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. In the case of buildings and structures on the surface of water, average natural grade shall be the natural boundary for a building or structure fixed to the bed of the water and the watermark of any floating building or structure. In the case of a fence, height means the vertical distance between the top of the fence and the grade at any point along the fence.

Figure 1-1 Illustration of calculation of height

"highway" includes a street, road, lane, bridge, viaduct and any other way open to the use of the public, but does not include a private right-of-way on private property.

"home business" means an accessory commercial use conducted on a residential lot and includes: short term vacation rentals, bed and breakfast and any profession, trade, business, artistic endeavour, where such activities are clearly accessory to a principal residential use.

"horticulture" means the use of land for the rearing of plants.

"Hydrogeologist" means an engineer or geoscientist with competency in the field of hydrogeology, regulated under the Professional Governance Act, Engineers and Geoscientists Regulation.

"impermeable material" means buildings, structures, asphalt, concrete, brick, stone, and wood, grouted pavers and other surfaces that prevent water from penetrating into the ground beneath. Impermeable material does not include gravel, wood chips, bark mulch, soil pavement, wood decking with spaced boards, and other materials which have permeable characteristics when in place and are not placed on a layer of material that is impenetrable by water such as plastic sheeting.

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"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.

"landscape strip" means natural vegetation, trees, shrubs, fencing, or a combination of those elements, broken only by necessary access ways for pedestrians and vehicles and serving to protect the natural environment and prevent hazardous conditions.

"livestock" means grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including but not limited to: cattle, horses, goats, sheep, hogs, llamas, and alpacas.

"Local Trust Committee (LTC)" means the North Pender Island Local Trust Committee.

"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 and structures, divided by the area of the lot, and for this purpose the area of a lot that is covered by a building or structure is measured to the drip line of the roof and “structures” includes impermeable material.

"lot line" means the boundary of a lot as shown on a plan of survey registered with the BC Land Titles Office, or the boundary of a lot as otherwise described under the Land Title Act; and

"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 (other than corner cuts) 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 or more 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

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"manufacturing" means an industrial use involving the fabrication or assembly of articles or materials into new products.

"marina" means the use of a water area for the temporary storage of boats and includes the installation of docks, floats, wharves, ramps and walkways, breakwater, marine sewage pump-out stations and the provision of wharfage services to the boating public.

"marine geothermal loop" means a renewable geoexchange system (geothermal heat exchange) utilizing the natural occurring temperature of the ocean for the purpose of heating and cooling that: a. is a closed-loop system using only freshwater as the circulating heat transfer fluid, b. meets or exceeds the Canadian CSA design standards CAN/CSA-448-02, as amended from time to time, and c. is designed and installed by a Registered System Designer accredited by the Canadian Geoexchange Coalition, or the International Ground Source Heat Pump Association.”

Information Note: Installation of marine geothermal loops are also required to obtain the necessary permits or approvals from provincial and federal agencies.

"mobile home" means a dwelling suitable for year-round occupancy, designed, constructed or manufactured to be moved from one place to another by being towed or carried and meets a minimum CSA-Z240 standard.

"moorage" means the tying or securing of a vessel to a fixed structure or mooring buoy.

"multiple-family dwelling" means a building used as a residence for two or more households.

"multiple-family rental dwelling" means residential use of attached dwelling units that are limited to residential rental tenure.

"multiple-family rental dwelling unit" means the use of a portion of a multi-family rental dwelling by a single household and is limited to residential rental tenure.

"natural boundary" means the visible high water mark of any sea, lake, river, stream or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil or rock of the bed of the body of water a character distinct from that of its banks, its vegetation, as well as in the nature of the soil itself.

"outbuilding" means a building or structure that may be constructed or placed on a lot prior to a principal dwelling and which may be used for uses ordinarily accessory to a principal residential use.

"panhandle lot" means a lot that fronts on a highway by means of a strip of land that is narrower than the main portion of the lot.

"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.

"personal watercraft" means a vessel typically 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” means water that is safe to drink, fit for domestic purposes and meets the Heath Canada Guidelines for Canadian Drinking Water Quality or any guidance documents or legislation which may be enacted in substitution.”

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"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.

"pump/utility shed" means an accessory building containing only equipment for pumping and processing of water or sewage, or electrical equipment and communication service equipment.

"pumping test" means a flow test to determine the long-term sustainable yield of a well, conducted under supervision of a hydrogeologist, and that is consistent with the British Columbia Guide to Conducting Pumping Tests, Guidance for Technical Assessments in Support of an Application for Groundwater Use in British Columbia, other guidance documents which may be issued, applicable legislation, and consists of pumping groundwater from a well typically for 12 to 72 hours depending on aquifer characteristics.

"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.

"recycling and reuse facility” means the use of land, buildings or structures for receiving, storing, sorting, compacting and transferring recyclable materials that originate from residential, commercial, institutional, demolition or construction sources, and includes public drop off.

"residential rental tenure" means the granting of a right to occupy a dwelling unit as living accommodation where the minimum occupancy period is thirty consecutive days, and where the dwelling unit is not owned by a dwelling unit occupant, but where regular payments are made to the owner for the use of the dwelling unit.

"restaurant" 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.

"roadway" means the travelled portion of a highway.

"school" means a public or private educational institution that does not include residential accommodation or dormitories.

"secondary suite" means an accessory, self-contained dwelling, located within the principal dwelling on a lot and having a lessor floor area than the principal dwelling.

"setback" means the horizontal distance that a building or structure must be sited from a specified lot line, building or feature.

"short-term vacation accommodation" means the use of a dwelling or cottage, or a portion of a dwelling or cottage, as temporary commercial accommodation for a period of less than a month at a time by persons, other than the owner or a permanent occupier. For this purpose, a dwelling or cottage used as short term vacation rental shall be considered an accessory home business.

"sign" means any device or medium including its supporting structure, visible from the sea, any highway or lot other than the one on which it is located, and which is used to attract attention for advertising, information or identification purposes.

"structure" means anything that is constructed or erected and that is fixed to, supported by or sunk into land or water, but excludes fences, septic fields, concrete and asphalt paving, or similar surfacing of the land.

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“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 30 days in any calendar year.

"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 established or licensed by a government, or government agency, excluding private radio or television antennae, and includes navigational aids.

"waste transfer facility" means the use of a site, buildings and structures for receiving, storing, compacting, sorting, and transferring solid waste that originates from residential, commercial, institutional, demolition or construction sources, and includes public drop off.

"wetland" means land that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal conditions supports, vegetation typically adapted for life in saturated soil conditions, including marshes, swamps and bogs.

"wharf" means a structure consisting of a fixed platform extending beyond the natural boundary of the sea over water which is used as a landing or wharfage place for watercraft, and includes the railings and supporting structure embedded in the sea.

"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.

"zone" means a zone established by Part 5 of this Bylaw.

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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 North Pender 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

(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

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

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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 covenanter.

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 or the official assigned to provide planning services to the Local Trust Area 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.

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 enactment relating to the same subject matter. If there are no provisions in 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

Except where specifically prohibited, the following uses, building and structures are permitted in any zone except the Ecological (ECO) Zone:

(1) uses, buildings and structures, which are accessory to a principal permitted use, building or structure on the same lot, including accessory horticulture;

(2) parks other than playgrounds and playing fields, hiking and bicycling paths, horse riding trails and ecological reserves;

(3) Construction trailers solely for construction purposes on a lot being developed, and for a period not to exceed the duration of such construction or for one year, whichever is less;

(4) One pump/utility shed with a maximum floor area of 10 m²;

(5) water supply facilities, including reservoirs, treatment plants, pumping stations and intake structures;

(6) electricity and telephone lines for the distribution of service to North Pender Island or South Pender Island, and water and sewer service lines;

(7) solar collectors in any land zone for the purposes of supplying power to the lot on which the structure is located;

(8) wind generators in any land zone for the purposes of supplying power to the lot on which the structure is located;

(9) the use of land under the Private Managed Forest Land Act for forest management activities related to timber production or harvesting;

(10) where agriculture is permitted in any zone, farm retail sales is permitted if the lot has Farm Status or is located within the Agricultural Land Reserve, and the total indoor and outdoor floor area for the farm retail sales shall not exceed 300 m²; and,

(11) despite Subsection 3.1(10), road-side produce stands not exceeding 10 m2 in floor area and used for the selling of farm products that are grown or reared on the land upon which the stand is located.

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3.2 Prohibited in All Zones

The following uses, buildings and structures are prohibited in every zone:

(1) yacht clubs and marinas the use of which is restricted to members of a private club;

(2) disposal of any waste matter on land or in marine areas, except such waste matter as may lawfully be discharged pursuant to a permit under the Sewage Disposal Regulation or the Waste Management Act;

(3) the disposal or storage of hazardous or toxic waste, other than the temporary storage of such waste in the Recycling Facility (RF) Zone and the General Industrial (GI) Zone, and for the purposes of this exception "temporary" means that not more than 6 months' accumulation of such waste may be stored;

(4) fur farming, except as permitted in the Agricultural Land Reserve by a person licensed under the Fur Farm Act;

(5) the sale and rental of personal watercraft;

(6) derelict or abandoned docks, floats, ramps or walkways;

(7) airport and airstrip facilities and related accessory buildings and structures; and

(8) heliports and helipad, other than for emergency evacuation use.

Information Note: All aeronautics uses are federally regulated under the Aeronautics Act.

3.3 Siting and Setback Regulations

(1) No building or structure, other than those in Subsection 3.3(2), may be sited, nor fill placed to support a building or structure, within:

(a) 15 metres upland of the natural boundary of the sea; (b) 1.5 metres from the natural boundary of the sea as measured on the vertical plane; and, (c) 7.6 metres upland of the natural boundary of a lake, wetland or stream,

and for the purpose of this subsection paved areas of asphalt, concrete or similar material are "structures".

(2) The following buildings or structures are exempt from Subsection 3.3(1):

(a) Walkways, stairs or a ramp accessory to a permitted private dock in the Water 1 or Water 6 Zones and stairs to access the foreshore with a width less than 1.2 metres and a length less than 3 metres; (b) Anchor pads or abutments up to 1.5 metres in width for the purpose of securing a permitted private or community dock or wharf to the upland lot; (c) Pump/utility shed with a floor area of 10 m² or less; and, (d) Fences.

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(3) Pump/utility sheds with a floor area of 10 m² or less, and utility poles are exempt from the setback provisions specified in this Bylaw.

(4) No sewage disposal field or septage pit used for agricultural, commercial or industrial purposes may be sited within 60 metres of the natural boundary of the sea, nor within 30 metres of the natural boundary of a lake, wetland, stream or domestic water source.

(5) No mushroom barn, or animal enclosure used or intended to be used to confine more than 4500 kilograms of livestock, poultry or farmed game, may be sited within 30 metres of any lot line.

(6) No permanent animal enclosure use may be sited within 7.6 metres of any lot line and no agricultural waste storage area may be sited within 15 metres of any lot line.

(7) No commercial storage of petroleum, pesticide or other chemical is permitted within 30 metres of any domestic water source or well nor within 15 metres of the natural boundary of any lake, wetland, stream or the sea, and no such substance may be stored on North Pender Island unless the storage area is bermed or otherwise equipped to contain a spill of the entire quantity of the substance stored.

(8) No automobile repair, commercial boat repair, or commercial boat building use may be sited within 50 metres of the natural boundary of any lake, wetland, stream, or Ecological (ECO) Zone.

(9) 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.

(10) Despite Subsection 3.3(9), chimneys, cornices, leaders, gutters, pilasters, belt courses, sills, bay windows, ornamental features, steps, eaves, sunlight control projections, canopies, balconies, or porches that project beyond the face of a building, the minimum distances to a lot line or a natural feature specified in this Bylaw may be reduced by not more than 0.6 metres, but such reduction applies only to the projecting feature.

3.4 Height Regulations

(1) A dwelling or cottage must not exceed 9.7 metres in height.

(2) Agriculture buildings and structures located in the Rural, Rural Comprehensive 1, Rural Comprehensive 2, and Agriculture zones where Agriculture is a principal use must not exceed:

(a) 10 metres in height and two storeys if located 30 metres or less from any lot line; or (b) 15 metres in height and two storeys if located greater than 30 metres from any lot line.

(3) An accessory building or structure may not exceed 4.6 metres in height and one storey, except for:

(a) a cottage which may not exceed 9.7 metres in height and two storeys; (b) a pump/utility shed, which may not exceed 3 metres in height; or (c) a building used for forestry purposes on land classified as managed forest land under the Private Managed Forest Land Act, which may not exceed 10 metres in height and two storeys.

(4) The height regulations for buildings and structures specified elsewhere in this Bylaw do not apply to radio and television antennas for reception of signals by individual households, spires on a church

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or other religious building, chimneys, flag poles, lightning poles, fire and hose towers, utility poles, roof-mounted solar collectors, farm silos and grain bins, and water storage tanks in the Community Service (CS) Zone.

3.5 Accessory Uses, Buildings and Structures

(1) A building or structure accessory to a dwelling may not be used for human habitation except as permitted by Subsection 3.5.3.

(2) Unless a building or structure on a lot is attached to a principal building on the lot by a completely enclosed structure having walls, roof and 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) An accessory building or structure may be constructed or placed and occupied as a temporary dwelling prior to the construction of a principal building or structure on the same lot provided that a building permit has been issued for the principal building or structure and the water supply and sewage disposal facilities for the principal building or structure have been installed.

(4) One outbuilding and one pump/utility shed may be constructed or placed on a lot prior to the construction of a dwelling on the same lot, subject to:

(a) the floor area not exceeding 10 m²; (b) a maximum of one outbuilding per lot; and (c) the height not exceeding 4.6 metres.

(5) On a lot zoned Rural Residential 1, Rural Residential 2, Rural, Rural Comprehensive 1, and Rural Comprehensive 2, a maximum of one (1) accessory shipping container is permitted if the lot is greater than 0.4 hectares in area.

(6) Shipping containers must be screened from neighbouring lots, roads, or the sea by use of landscape screening in compliance with Subsection 3.9.1.

3.6 Fence Regulations

(1) Fences shall be permitted in any zone and shall not exceed 3 metres in height within the required setback area.

3.7 Home Business Regulations

(1) Home businesses must be conducted entirely within a dwelling, cottage or permitted accessory building except that this restriction does not apply to the use of land for a pottery kiln or for outdoor activities associated with a kindergarten, nursery school, daycare or horticulture.

(2) With the exception of short term vacation rentals, the combined floor areas of all home businesses on a lot must not exceed 65 m2, except for a lot located within the Agricultural Land Reserve, in which case the combined floor area must not exceed 100 m².

(3) Except for the retail sale of goods produced, processed or repaired as part of a home business, and retail sale of articles directly related to a personal service provided as a home business, the following activities are not permitted:

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(a) retail or wholesale selling of any product or material; and (b) the serving of food or drink products on the lot as part of a home business except for bed and breakfast home business in which case a morning meal may be served to paying guests.

(4) Not more than four persons per lot may be employed in any home business in addition to any residents of the lot in which such business is carried on, and at least one of the employees of a home business must live on the lot. In the case of a short term vacation rental, the operator or another person responsible for the short term vacation rental must live in a permitted dwelling or cottage on the lot.

(5) Except for one unilluminated nameplate not exceeding 0.6 m2 in area in respect of each home business, no sign or other advertising matter may be exhibited or displayed on the lot where a home business is conducted, and no exterior artificial lighting may be installed or operated on the lot for a purpose associated with a home business.

(6) No storage of materials, commodities or finished products is permitted in connection with the operation of a home business, other than within a permitted building in which case the total floor area used for such storage must not exceed 65 m2.

(7) In addition to the off-street parking spaces required for the dwelling as required by this Bylaw, in no event fewer than two such additional spaces must be provided for patrons of a home business, but no such additional spaces are required if the nature of the home business is such that patrons do not call at the lot.

(8) The following additional regulations apply to bed and breakfast home businesses:

(a) not more than six (6) guests may be accommodated at any one time; (b) not more than three (3) bedrooms may be used to accommodate guests; (c) in addition to the two (2) parking spaces required for the dwelling, one additional parking space for each bedroom used for bed and breakfast accommodation must be provided, despite Subsection 3.7.7; (d) no rental of equipment or material is permitted except to registered guests; and, (e) a bed and breakfast home business must be conducted solely within a principal dwelling or cottage.

(9) The operator of every home business must comply with all licensing, health and other applicable regulations of the Province of British Columbia and the Capital Regional District, including building, public health, noise, air quality, and water quality regulations.

(10) No vehicle or equipment used by, or in the conduct of, a home business shall be stored in a required front yard setback or in a required side yard setback without being screened from view.

(11) No more than one dwelling or one cottage may be used for a short term vacation rental on a lot.

(12) A home business use must not generate any noise in the course of its operations that may be heard at any lot line.

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3.8 Home Industry Regulations

(1) The following uses and no others are permitted as home industries:

(a) boat building and repair; (b) automobile repair; (c) sawmilling, planning and manufacturing of wood products; (d) contractor yards providing service within the North Pender, South Pender, Saturna, Mayne, Galiano and Salt Spring Island Local Trust Areas; (e) processing of raw materials of any kind harvested or extracted from within the North Pender, South Pender, Saturna, Mayne, Galiano or Salt Spring Island Local Trust Areas; (f) design, fabrication and assembly of automated packaging machinery and equipment; and, (g) welding, machining and fabrication.

(2) Not more than one home industry may be conducted on a lot, the combined floor areas of all buildings and structures used in the home industry must not exceed 185 m2, and areas used for outdoor storage in connection with the home industry must not exceed 930 m2.

(3) A home industry use:

(a) is not permitted on any lot less than 2 hectares in area; (b) must be sited not less than 50 metres from any lot line and not less than 30 metres from any lake, wetland, stream or the sea; (c) must be screened from view by a landscape screen from abutting lots and from public lands and public road rights of way; (d) may only be operated between the hours of 8 am to 8 pm, Monday through Friday; (e) must not generate any noise in the course of its operations that may be heard at any lot line; (f) no more than 5 vehicles used in the home industry may be stored on the lot; and, (g) no vehicle or equipment used by, or in the conduct of, a home industry shall be stored in a required front yard setback or in a required side yard setback without being screened from view.

(4) Not more than four persons per lot may be employed in any home industry in addition to any residents of the premises in which such business is carried on, and at least one of the employees of a home industry must live on the premises.

(5) Except for one unilluminated nameplate not exceeding 0.6 m² in area in respect of each home industry, no sign or other advertising matter may be exhibited or displayed on the lot where a home industry is conducted, and no exterior artificial lighting may be installed or operated on the lot for a purpose associated with a home industry.

(6) In addition to the off-street parking spaces required for the dwelling as required by this Bylaw, in no event fewer than two such additional spaces must be provided for patrons of a home industry, but no such additional spaces are required if the nature of the home industry is such that patrons do not call at the premises.

(7) The operator of every home industry must comply with all licensing, health and other applicable regulations of the Province of British Columbia and the Capital Regional District, including building, public health, noise, air quality, and water quality regulations.

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3.9 Landscape Screening and Landscape Strips

(1) If this Bylaw requires landscape screening of outdoor storage areas or other uses or structures, the screening may be broken only by necessary access, and must be provided in the form of:

(a) existing native vegetation that provide a complete and permanent visual screen around the uses or structures; or (b) a row of drought tolerant native evergreen plants that will attain a sufficient height and density to provide a complete and permanent visual screen around the uses or structures, planted and maintained continuously.

(2) If this Bylaw requires landscape screening separating uses, the screening must be provided along the required lot lines, broken only by driveways or walkways necessary for access, in the form of:

(a) existing native vegetation that provide a complete and permanent visual screen between the uses being separated, to a width of at least 1.5 metres on lots less than 0.4 hectares in area and to a width of at least 3 metres on lots equal to or greater than 0.4 hectares in area; or (b) a row of drought tolerant native evergreen plants that will attain a sufficient height and density to screen the use or structure, planted and maintained continuously so as to provide a complete and permanent visual screen between the lot being screened and the adjacent lots.

(3) If this Bylaw requires a landscape strip to be provided, existing native vegetation, at least 3 metres in width, adjacent to at least two of the lot lines, other than the rear lot line, must be retained as a landscape strip so as to provide environmental protection, broken only by driveways or walkways necessary for access and any clearing necessary for the construction and maintenance of fencing.

3.10 Secondary Suite Regulations

(1) There is a maximum of one secondary suite permitted per lot.

(2) A secondary suite shall be entirely located within the building that contains the principal dwelling.

(3) The maximum floor area for a secondary suite is 90m2 (968 ft2) and it must not exceed 40 per cent of the floor area of the principal dwelling.

(4) The entrance to a secondary suite from the exterior of the building must be separate from the entrance to the principal dwelling.

(5) A secondary suite must not be subdivided from the principal dwelling under the Land Title Act or the Strata Property Act.

(6) A secondary suite may not be used as a short term vacation rental or a bed and breakfast home business.

(7) A building permit for a lot outside a community water system shall not be issued for a secondary suite unless a freshwater catchment and storage system having a capacity of at least 18,000 litres is installed on the lot.

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3.11 Cistern Requirements

(1) A building permit for a lot outside a community water system shall not be issued for a new building to be used as a dwelling, including a cottage, unless a cistern (or combination of cisterns) is located on the lot for the storage of freshwater having a total capacity of at least 18,000 litres.

(2) The floor area occupied by any cistern located in a building and the housing provided for such cistern is excluded from the calculation of the floor area of the building and the lot coverage of the lot on which it is located.

3.12 Derelict Vehicle Regulations

(1) Except as permitted in the General Industrial (GI) Zone, no lot may be used for:

(a) the storage of more than two unlicensed motor vehicles (other than farm and forest equipment and vehicles), unless the vehicles are stored within a permitted building that is completely enclosed; (b) the wrecking or storage of derelict or abandoned vehicles, trailers or other discarded machinery or equipment; and (c) the storage of detached or salvaged motor vehicle parts or scrap, unless the parts are stored within a permitted building that is completely enclosed.

3.13 Agri-tourism and Agri-tourist Accommodation Regulations

(1) Buildings or structures used solely for agri-tourism are not permitted.

(2) Agri-tourism must be in compliance with the Agricultural Land Reserve Use Regulation.

(3) Agri-tourism and agri-tourist accommodation uses are only permitted on a lot with Farm Status.

(4) Agri-tourism and Agri-tourist accommodation uses are only permitted on a lot located in the Agricultural Land Reserve.

(5) Agri-tourist accommodation must be accessory to an active agri-tourism activity.

(6) Agri-tourist accommodation must be accessory to a working farm operation.

(7) Agri-tourist accommodation buildings and structures must not exceed a lot coverage of 5 percent.

(8) Agri-tourist accommodation must not be in use for more than 180 days in a calendar year.

(9) Agri-tourist accommodation may include associated uses such as meeting rooms and dining facilities for paying registered guests wholly contained within an agri-tourist accommodation unit, but may not include a restaurant or any commercial or retail goods and services other than those permitted by the zone in which the agri-tourist accommodation use is located within.

(10) The maximum number of guests that may be accommodated in any agri-tourist accommodation at any one time, either alone or in combination with a bed and breakfast, is not to exceed 10 guests and 10 bedrooms.

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3.14 Lots Divided by a Zone Boundary

(1) If a lot is divided by one or more zone boundaries, the number of dwellings and cottages permitted must be calculated by reference to the areas of the portions of the lot lying within each zone, and the dwellings and cottages may only be constructed on any portion of the lot if and to the extent that the minimum lot area or density regulation for that portion is complied with.

(2) Despite Subsection 3.14.1, if one of the portions of the lot is in the Agricultural (AG) Zone, the dwelling or cottage permitted in respect of that portion of the lot may be sited on another portion of the lot.

(3) If a lot is divided by one or more zone boundaries, and a portion of the lot is in the Agricultural (AG) Zone, the lot coverage for the lot may not exceed 35 percent.

3.15 Use of Common Property

(1) Land comprising the common property in a strata plan is not a lot for the purposes of the use and density regulations in this Bylaw but may be used for uses accessory to principal uses located on strata lots in the same strata plan, other than home businesses and home industries.

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PART 4 ESTABLISHMENT OF ZONES

4.1 Division into Zones

(1) The North Pender 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

Rural Residential 1 RR1

Rural Residential 2 RR2

Rural R

Rural Comprehensive 1 RC1

Rural Comprehensive 2 RC2

Agricultural AG

Commercial 1 C1

Commercial 2 C2

Commercial 3 C3

General Industrial GI

Community Service CS

Community Housing CH

Rental Housing RH

Recycling Facility RF

Service SD

National Park NP

Community Park 1 CP1

Community Park 2 CP2

Ecological ECO

Water 1 W1

Water 2 W2

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Water 3 W3

Water 4 W4

Water 5 W5

Water 6 W6

Comprehensive Development 1 CD1

4.2 Zone Boundaries

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

(2) 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.

(3) 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.

(4) 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 scaling from Schedule "B" and in that case the zone boundary is the midpoint of the line delineating the zone boundary.

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PART 5 ZONE REGULATIONS

5.1 Rural Residential 1 (RR1) Zone

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) Dwelling;

(b) Cottage;

(c) Secondary Suite;

(d) Accessory home business;

(e) Accessory rabbit, poultry raising; and,

(f) Accessory uses, buildings and structures.

Density

(2) There may not be more than one (1) dwelling, one (1) secondary suite and one (1) cottage on any lot.

(3) One (1) cottage is permitted on each lot with an area of 1.2 hectares or larger.

(4) Despite Subsection 5.1(2), in those instances where a dwelling of 56.0 m² or less in floor area existed on September 23, 1999 on a lot 0.6 hectares or larger, one additional principal dwelling is permitted.

Siting and Size

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

(a) 7.6 metres from any front or rear lot line;

(b) 3 metres from any interior side lot line; and,

(c) 4.5 metres from any exterior side lot line.

(6) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.1(5) must be increased by 3 metres.

(7) All buildings and structures must not exceed 4.6 metres in height and one storey except for a dwelling or cottage.

(8) Lot coverage may not exceed 25 percent.

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(9) The maximum floor area per lot: BL 229 The total floor area of all buildings, excluding the floor The floor area of a dwelling Lot Area area of a secondary suite, may may not exceed: not exceed: Less than 0.4 ha 500 m2 (5382 ft2) 325 m2 (3500 ft2) (Less than 1 acre) 0.4 ha to < 1.2 ha 1000 m2 (10,764 ft2) 372 m2 (4000 ft2) (1 to 3 acres) 1.2 ha or greater 3000 m2 (32,292 ft2) 418 m2 (4500 ft2) (3 acres or greater)

(10) The maximum floor area of a cottage must not exceed 80 m².

(11) Despite Subsection 5.1(9), on a lot that contains a legal dwelling constructed prior to the adoption of this Bylaw, a replacement dwelling may be constructed, or the existing dwelling re-constructed or altered, provided the floor area of the replacement, re-constructed or altered dwelling does not exceed the floor area of the dwelling on the lot at the time of the adoption of this Bylaw.

Conditions of Use (12) Accessory rabbit and poultry raising is only permitted on a lot that does not abut a lake or reservoir used as a source of potable water supply.

(13) A lot 2.4 hectares or larger must have a landscape strip for environmental protection complying with Subsection 3.9(3).

Subdivision Lot Area Requirements (14) No lot having an area less than 0.4 hectares, or in the case where a community water or community sewage system is provided, an area less than 0.25 hectares may be created by subdivision in the Rural Residential 1 Zone.

(15) No subdivision plan shall be approved in the Rural Residential 1 Zone unless the lots created by the subdivision have an average area of at least 0.6 hectares.

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 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 1 2 3 Site-Specific Zone Location Description Site Specific Regulations 1 RR1(a) Trincomali Improvement Despite 5.1(1)(c), secondary suites District are not permitted.

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5.2 Rural Residential 2 (RR2) Zone

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) Dwelling;

(b) Cottage;

(c) Secondary Suite;

(d) Horticulture;

(e) Keeping of livestock;

(f) Keeping of bees;

(g) Accessory home business;

(h) Accessory rabbit, poultry raising, pig farming, dog breeding, and boarding kennels; and,

(i) Accessory uses, buildings and structures.

Density

(2) There may not be more than one (1) dwelling, one (1) secondary suite and one (1) cottage on any lot.

(3) One (1) cottage is permitted on each lot with an area of 1.2 hectares or larger.

(4) Despite Subsection 5.2(2), in those instances where a dwelling of 56.0 m² or less in floor area existed on September 23, 1999 on a lot 0.6 hectares or larger, one additional principal dwelling is permitted.

Siting and Size

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

(a) 7.6 metres from any front or rear lot line;

(b) 3 metres from any interior side lot line; and,

(c) 4.5 metres from any exterior side lot line.

(6) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.2(5) must be increased by 3 metres.

(7) All buildings and structures must not exceed 4.6 metres in height and one storey except for a dwelling or cottage.

(8) Lot coverage may not exceed 25 percent.

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(9) The maximum floor area per lot: BL 229 The total floor area of all buildings, excluding the floor The floor area of a dwelling Lot Area area of a secondary suite, may may not exceed: not exceed: Less than 0.4 ha 500 m2 (5382 ft2) 325 m2 (3500 ft2) (Less than 1 acre) 0.4 ha to < 1.2 ha 1000 m2 (10,764 ft2) 372 m2 (4000 ft2) (1 to 3 acres) 1.2 ha or greater 3000 m2 (32,292 ft2) 418 m2 (4500 ft2) (3 acres or greater)

(10) The maximum floor area of a cottage must not exceed 80 m², except for a cottage located in the Agricultural Land Reserve is permitted to have a maximum floor area of 90 m².

(11) Despite Subsection 5.2(9), on a lot that contains a legal dwelling constructed prior to the adoption of this Bylaw, a replacement dwelling may be constructed, or the existing dwelling re-constructed or altered, provided the floor area of the replacement, re-constructed or altered dwelling does not exceed the floor area of the dwelling on the lot at the time of the adoption of this Bylaw.

Conditions of Use (12) Accessory rabbit and poultry raising is only permitted on a lot that does not abut a lake or reservoir used as a source of potable water supply.

(13) Accessory pig farming, dog breeding, and boarding kennels is only permitted on a lot greater than 1.2 hectares in area.

(14) Keeping of livestock is only permitted on a lot greater than 0.4 hectares in area that does not abut a lake or reservoir used as a source of potable water supply, or a wetland.

(15) A lot 2.4 hectares or larger must have a landscape strip for environmental protection complying with Subsection 3.9(3).

Subdivision Lot Area Requirements

(16) No lot having an area less than 0.4 hectares, or in the case where a community water or community sewage system is provided, an area less than 0.25 hectares may be created by subdivision in the Rural Residential 2 Zone. (17) No subdivision plan shall be approved in the Rural Residential 2 Zone unless the lots created by the subdivision have an average area of at least 0.6 hectares.

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Site–Specific Regulations

(18) 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 5.2 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 RR2(a) That Part of Amended Lot 7 (DD 90604-I) of (1) Despite Subsections 5.2(1) and Section 17, Pender Island, Cowichan District, 5.2(2), the only permitted uses are Plan 2111, lying to the South East of a 2 (two) dwellings, and the uses boundary extending South 24 degrees West permitted by Articles 5.2(1)(a), (c), from a point on the North East boundary of (d), (e), (f), (g), (h), and (i). said amended lot, distant 7.242 chains along the said north east boundary from the most (2) Despite Article 5.2(5)(a), no easterly corner of said amended lot, except building or structure may be that part in Plan 20481. located within 5 metres of a front PID: 006-646-981 lot line. BL 229 2 RR2(b) Lot 1, Section 23, Pender Island, Cowichan Despite Subsection 5.2(2), there District, Plan 3658 and Lot 1, Section 23, may not be more than one (1) Pender Island, Cowichan District, Plan dwelling the RR2(b) zone. VIP73194

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5.3 Rural (R) Zone

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) Dwelling;

(b) Cottage;

(c) Agriculture;

(d) Secondary Suite;

(e) Accessory home business;

(f) Accessory home industry;

(g) Accessory pig farming, dog breeding, and boarding kennels; and,

(h) Accessory uses, buildings and structures.

Density

(2) There may not be more than one (1) dwelling, one (1) secondary suite and one (1) cottage on any lot.

(3) One (1) cottage is permitted on each lot with an area of 1.2 hectares or larger.

(4) Despite Subsection 5.3(2), in those instances where a dwelling of 56.0 m² or less in floor area existed on September 23, 1999 on a lot 0.6 hectares or larger, one additional principal dwelling is permitted.

Siting and Size

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

(a) 7.6 metres from any front or rear lot line; and,

(b) 6.1 metres from any interior or exterior side lot line.

(6) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.3(5) must be increased by 3 metres.

(7) Lot coverage may not exceed 25 percent.

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(8) The maximum floor area per lot: BL 229 The total floor area of all buildings, excluding the The floor area of a dwelling Lot Area floor area of a secondary may not exceed: suite, may not exceed:: Less than 0.4 ha 500 m2 (5382 ft2) 325 m2 (3500 ft2) (Less than 1 acre) 0.4 ha to < 1.2 ha 1000 m2 (10,764 ft2) 372 m2 (4000 ft2) (1 to 3 acres) 1.2 ha or greater 3000 m2 (32,292 ft2) 418 m2 (4500 ft2) (3 acres or greater) 16 ha or greater 500 m² (5382 ft²) (40 acres or greater)

(9) The maximum floor area of a cottage must not exceed 80 m², except for a cottage located in the Agricultural Land Reserve is permitted to have a maximum floor area of 90 m².

(10) Despite Subsection 5.3(8), on a lot that contains a legal dwelling constructed prior to the adoption of this Bylaw, a replacement dwelling may be constructed, or the existing dwelling re-constructed or altered, provided the floor area of the replacement, re-constructed or altered dwelling does not exceed the floor area of the dwelling on the lot at the time of the adoption of this Bylaw.

Conditions of Use (11) Accessory pig farming, dog breeding, and boarding kennels is only permitted on a lot greater than 1.2 hectares in area. (12) A lot 8.0 hectares or larger must have a landscape strip for environmental protection complying with Subsection 3.9(3).

Subdivision Lot Area Requirements (13) No lot having an area less than 0.6 hectares may be created by subdivision in the Rural Zone. (14) No subdivision plan shall be approved in the Rural Zone unless the lots created by the subdivision have an average area of at least 4.0 hectares.

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Site–Specific Regulations

(15) 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 5.3 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 R(a) A Portion of Lot 2, 1) In addition to the uses permitted by Subsection Sections 18 and 19, 5.3(1), the following are permitted home Pender Island, Cowichan industries: District, Plan 14577 (a) the design, fabrication and assembly of except that part in Plan automated packaging machinery and VIP65874. equipment; and (b) welding, machining and fabrication, provided that (b) is occasional, secondary to and operates in conjunction with (a). (2) The uses permitted in 1(a) and 1(b) above are limited to the existing 417m2 floor area and 139m2 storage area, employing at this location no more than 10 persons not residing on the property.

2 R(b) That Part of Parcel K, (1) Despite Subsection 5.3(13), no lot having an (DD50314-l), Section 22 area less than 8 hectares may be created by and 23, Cowichan Land subdivision on the portion of the property District, lying west of zoned Rural (R(b)). District Plan 5063, Pender (2) Despite Subsection 5.3(1), the only permitted Island, lying within the uses in this location are dwellings, one Rural (R) Zone. secondary suite, cottages, agriculture and accessory agri-tourism and accessory agri- tourist accommodation. (3) Despite Subsections 5.3(2) and 5.3(3), a maximum of two dwellings and two cottages are permitted on the portion of the lot zoned Rural (R(b)). (4) Despite Subsection 5.3(8), the maximum permitted floor area for one dwelling is 700 m² on the portion of the lot zoned Rural (R(b)). (5) Despite Subsection 5.3(8), the maximum permitted floor area for one dwelling is 300 m² on the portion of the property zoned Rural (R(b)). (6) The two dwellings and two cottages permitted in the portion of the lot zoned Rural (R(b)) must be sited in accordance with “R(b) Siting Plan” attached as Schedule D. (7) Two cottages on the lot may be attached and if

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two cottages are attached, they are deemed to be two separate buildings for the purposes of density and floor area. 3 R(c) That part of the South (1) Despite Subsection 5.8(1), in no case may the West ¼ of Section 11, frontage of any lot be less than 15 metres. Pender Island, Cowichan (2) Despite Subsection 5.3(1), the only permitted District, lying to the west uses in this location are the uses permitted by of the westerly limit of Article 5.3(1)(a), (b), (d), (e), (f), (g), and (h). Canal Road as said road (3) Despite Subsection 5.3(13), no lot having an was gazetted 22nd June, area of less than 2.8 hectares may be created 1955; except parts in by subdivision. plans 11907, 13416, 22618, 23566 and 27405. PID 009-674-292. 4 R(d) Lot 3, Section 11, Plan (1) In addition to the uses permitted by Subsection 7982 except Part in Plan 5.3(1), the following use is permitted: 21227; and Lot 4, Section (a) the treatment and disposal of sewage 11, Pender Island, generated on Lot A (DDG54184), Section 11, Cowichan District, Plan Plan 7982. 7982.

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5.4 Rural Comprehensive 1 (RC1) Zone

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) Dwelling;

(b) Cottage;

(c) Agriculture;

(d) Secondary Suite;

(e) Accessory home business;

(f) Accessory home industry;

(g) Accessory pig farming, dog breeding, and boarding kennel;

(h) Accessory agri-tourism and agri-tourist accommodation; and,

(i) Accessory uses, buildings and structures.

Density

(2) There may not be more than one (1) dwelling, one (1) secondary suite and one (1) cottage on any lot.

(3) One (1) cottage is permitted on each lot with an area of 1.2 hectares or larger.

Siting and Size

(4) The minimum setback for any building or structure shall be:

(a) 7.6 metres from any front or rear lot line; and,

(b) 6.1 metres from any interior or exterior side lot line.

(5) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.4(4) must be increased by 3 metres.

(6) Lot coverage may not exceed 25 percent.

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(7) The maximum floor area per lot: BL 229 The total floor area of all buildings, excluding the The floor area of a dwelling Lot Area floor area of a secondary may not exceed: suite, may not exceed:: Less than 0.4 ha 500 m2 (5382 ft2) 325 m2 (3500 ft2) (Less than 1 acre) 0.4 ha to < 1.2 ha 1000 m2 (10,764 ft2) 372 m2 (4000 ft2) (1 to 3 acres) 1.2 ha or greater 3000 m2 (32,292 ft2) 418 m2 (4500 ft2) (3 acres or greater) For dwelling located within the Agricultural Land Reserve 500 m² (5382 ft²)

(8) The maximum floor area of a cottage must not exceed 80 m², except for a cottage located in the Agricultural Land Reserve is permitted to have a maximum floor area of 90 m².

(9) Despite Subsection 5.3(7), on a lot that contains a legal dwelling constructed prior to the adoption of this Bylaw, a replacement dwelling may be constructed, or the existing dwelling re-constructed or altered, provided the floor area of the replacement, re-constructed or altered dwelling does not exceed the floor area of the dwelling on the lot at the time of the adoption of this Bylaw.

Conditions of Use (10) Accessory pig farming, dog breeding, and boarding kennels is only permitted on a lot greater than 1.2 hectares in area. (11) A lot 8.0 hectares or larger must have a landscape strip for environmental protection complying with Subsection 3.9(3).

Subdivision Lot Area Requirements (12) No lot having an area less than 0.85 hectares may be created by subdivision in the Rural Comprehensive 1 Zone. (13) No more than 26 lots may be created by subdivision in the Rural Comprehensive 1 Zone. (14) Despite Subsection 8.5(4), no lot in the Rural Comprehensive 1 Zone shall have an average depth greater than five times its average width.

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5.5 Rural Comprehensive 2 (RC2) Zone

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) Dwelling;

(b) Agriculture;

(c) Accessory home business;

(d) Accessory home industry;

(e) Accessory agri-tourism and agri-tourist accommodation; and,

(f) Accessory uses, buildings and structures.

Density

(2) There may not be more than ten (10) dwellings in the Rural Comprehensive 2 Zone.

(3) In the event of the subdivision of Lot A, of Section 23, Pender Island, Cowichan District, Plan 28410 or of Parcel D (DD 21950F) of Section 23, Pender Island, Cowichan District, Except Part in Plan 28410, the maximum density shall be one (1) dwelling per lot.

Siting and Size

(4) The minimum setback for any building or structure shall be:

(a) 7.6 metres from any front or rear lot line; and,

(b) 6.1 metres from any interior or exterior side lot line.

(5) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.5(4) must be increased by 3 metres.

(6) Lot coverage may not exceed 25 percent.

(7) The maximum floor area per lot: BL 229 The total floor area of all buildings, excluding the The floor area of a dwelling Lot Area floor area of a secondary may not exceed: suite, may not exceed:: Less than 0.4 ha 500 m2 (5382 ft2) 325 m2 (3500 ft2) (Less than 1 acre) 0.4 ha to < 1.2 ha 1000 m2 (10,764 ft2) 372 m2 (4000 ft2) (1 to 3 acres) 1.2 ha or greater 3000 m2 (32,292 ft2) 418 m2 (4500 ft2) (3 acres or greater) For dwelling located within the Agricultural Land Reserve 500 m² (5382 ft²)

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(8) Despite Subsection 5.3(7), on a lot that contains a legal dwelling constructed prior to the adoption of this Bylaw, a replacement dwelling may be constructed, or the existing dwelling re-constructed or altered, provided the floor area of the replacement, re-constructed or altered dwelling does not exceed the floor area of the dwelling on the lot at the time of the adoption of this Bylaw.

Conditions of Use (9) A lot 8.0 hectares or larger must have a landscape strip for environmental protection complying with Subsection 3.9(3).

Subdivision Lot Area Requirements (10) No lot having an area less than 0.3 hectares may be created by subdivision in the Rural Comprehensive 2 Zone. (11) No subdivision plan may be approved in the Rural Comprehensive 2 zone unless the lots created by the subdivision have an average area of at least 3.26 hectares. (12) No subdivision may result in the creation of more than 10 lots in the Rural Comprehensive 2 zone. (13) No subdivision may result in the creation of additional lots within the Agricultural Land Reserve.

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5.6 Agricultural (AG) Zone

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) Dwelling;

(b) Cottage;

(c) Agriculture;

(d) Secondary Suite;

(e) Accessory home business;

(f) Accessory home industry;

(g) Accessory agri-tourism and agri-tourist accommodation; and,

(h) Accessory uses, buildings and structures.

Density

(2) There may not be more than one (1) dwelling, one (1) secondary suite and one (1) cottage on any lot.

(3) One (1) cottage is permitted on each lot with an area of 1.2 hectares or larger.

Siting and Size

(4) The minimum setback for any building or structure shall be:

(a) 7.6 metres from any front or rear lot line; and,

(b) 6.1 metres from any interior or exterior side lot line.

(5) No building or structure associated with an agriculture use, other than an animal enclosure, may be located within 7.5 metres of any lot line.

(6) Despite Article 5.6(4)(a), temporary road-side produce stands not exceeding 10 m2 in floor area and used for the selling of farm products that are grown or reared on the lot upon which the stand is located on may be sited within the front lot line setback.

(7) Lot coverage for buildings or structures may not exceed 35 percent, plus an additional 40 percent for commercial greenhouses only.

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(8) The maximum floor area per lot: BL 229 The total floor area of all buildings, excluding the The floor area of a dwelling Lot Area floor area of a secondary may not exceed: suite, may not exceed:: Less than 0.4 ha 500 m2 (5382 ft2) 325 m2 (3500 ft2) (Less than 1 acre) 0.4 ha to < 1.2 ha 1000 m2 (10,764 ft2) 372 m2 (4000 ft2) (1 to 3 acres) 1.2 ha or greater 3000 m2 (32,292 ft2) 418 m2 (4500 ft2) (3 acres or greater) For dwelling located within the Agricultural Land Reserve 500 m² (5382 ft²)

(9) The maximum floor area of a cottage must not exceed 80 m², except for a cottage located in the Agricultural Land Reserve is permitted to have a maximum floor area of 90 m².

(10) Despite Subsection 5.3(8), on a lot that contains a legal dwelling constructed prior to the adoption of this Bylaw, a replacement dwelling may be constructed, or the existing dwelling re-constructed or altered, provided the floor area of the replacement, re-constructed or altered dwelling does not exceed the floor area of the dwelling on the lot at the time of the adoption of this Bylaw.

Conditions of Use (11) Every commercial greenhouse must be screened from view by a landscape screen complying with Section 3.9.

Subdivision Lot Area Requirements (12) No lot having an area less than 16 hectares may be created by subdivision in the Agricultural Zone.

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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 5.6 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 AG(a) Parcel C, DD67638I, Despite Subsection 5.6(1), the only permitted uses in Section 19. this location are camp facility and the uses permitted by 8.3.2 (1) (a), (c) and (d). 2 AG(b) Lot A, Plan VIP52327, Despite Subsection 5.6(1), the only uses permitted in Section 17 and that this location are those permitted by Article 5.6(1)(c) Portion of Parcel F, and a golf course, including an accessory golf club DD78736I, Section 17. house containing an accessory restaurant and pro- shop and five (5) accessory golf course buildings, including one equipment shed, one maintenance building, two golf cart storage sheds and one pump/utility shed.

3 AG(c) That Part of Parcel K, (1) Despite Subection 5.6(1) the only permitted uses Section 22 and 23, in this location are the uses permitted by Cowichan Land District, 8.3.2(1)(a), (c), (e), (g), (h) and one manager’s lying west of District Plan suite consisting of sleeping, cooking and sanitary 5063, Pender Island, lying facilities. within the Agricultural (2) The manager’s suite is not to exceed 55m² in (AG) Zone. floor area. (3) Despite Subsection 5.6(2), a maximum of one dwelling is permitted in the portion of the property zoned Agricultural (AG)(c). (4) Despite Subsection 5.6(12), no lot having an area less than 30 hectares may be created by subdivision on the portion of the property zoned Agricultural (AG(c)).

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5.7 Commercial 1 (C1) Zone

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) Retail Sales;

(b) Motor vehicle and machinery sales;

(c) Offices, including banks;

(d) Personal services;

(e) Home appliance and small equipment repairs;

(f) Restaurants;

(g) Cafes;

(h) Bakeries;

(i) Printing and publishing business;

(j) Automobile service stations;

(k) Accessory dwelling; and

(l) Accessory uses, buildings and structures.

Density

(2) Only one (1) accessory dwelling permitted per lot.

Siting and Size

(3) No building or structure may exceed 9.7 metres in height.

(4) The minimum setback for any building or structure shall be:

(a) 7.6 metres from any front or rear lot line; and,

(b) 6.1 metres from any interior or exterior side lot line.

(5) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.7(4) must be increased by 3 metres.

(6) Lot coverage may not exceed 25 percent.

(7) On a lot less than 0.7 hectares in area, an accessory dwelling must be located in the same building as the principal commercial use and have a separate outside entrance.

(8) On a lot equal to or greater than 0.7 hectares in area, an accessory dwelling may be located in a separate building from that accommodating the principal commercial use.

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(9) No accessory dwelling may have a floor area greater than 140 m².

Conditions of Use (10) An accessory dwelling is only for the use of a caretaker, owner, or operator of a permitted principal use. (11) Every external storage area must be screened from view by a landscape screen complying with Subsection 3.9(1). (12) Every use outlined in Subsection 5.7(1) must be screened from adjacent residential uses along lot lines abutting lots zoned Rural Residential 1, Rural Residential 2, Rural, Rural Comprehensive 1, Rural Comprehensive 2 and Agricultural, complying with Subsection 3.9(2).

Subdivision Lot Area Requirements (13) No lot having an area less than 0.8 hectares may be created by subdivision in the Commercial 1 Zone.

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 refer to the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

Table 5.7 1 2 3 Site- Location Description Site Specific Regulations Specific Zone 1 C1(a) Lot 1, Plan 3658 and Lot 1, Plan Despite Subsection 5.7(1), the only uses 73194, Section 23. permitted in this location are those permitted by Articles 5.7(1)(a), (c), and (g), and the transfer, storage, and shipping of discarded goods and materials. 2 C1(b) Portion of Part C, DD69864I, Despite Subsection 5.7(1), the only uses Section 18 lying to the south of permitted in this location are those permitted the main highway from Hope by Articles 5.7(1)(a), (g), and (h). Bay to Port Washington. 3 C1(c) A portion of Lot B, Plan 23183, Despite Subsection 5.7(1), the only uses Section 23. permitted in this location are those permitted by Articles 5.7(1)(a) and (d), excluding laundromats and drycleaners.

4 C1(d) A portion of Lot 6, Plan 1695, Despite Subsection 5.7(1), the only uses Section 7 lying east of a permitted in this location are those permitted boundary parallel to and by Articles 5.7(1)(a), (c), (f), (g), and (h). perpendicularly distant 260 feet from the easterly boundary of said lot.

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5.8 Commercial 2 (C2) Zone

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) Campground;

(c) Accessory dwelling;

(d) Accessory retail sales;

(e) Accessory laundromat, restaurant, café, recreation facility, boat rental, and premises, other than a neighbourhood pub, licensed under the Liquor Control and Licensing Act;

(f) Accessory boat launching ramps and marina services when adjacent to Water 2 (W2) Zone; and,

(g) Accessory uses, buildings and structures.

Density

(2) The maximum number of tourist accommodation units on a lot may not exceed the site-specific density limits as per Subsection 5.8(22).

(3) No tourist accommodation building may contain more than 18 tourist accommodation units.

(4) There may not be more than two (2) accessory dwellings on any lot.

Siting and Size

(5) No building or structure may exceed 9.7 metres in height.

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

(a) 7.6 metres from any front or rear lot line; and,

(b) 6.1 metres from any interior or exterior side lot line.

(7) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.8(6) must be increased by 3 metres.

(8) Lot coverage may not exceed 25 percent.

(9) The maximum floor area for a tourist accommodation unit is 56 m².

(10) Despite Subsection 5.8(9), the maximum floor area of a tourist accommodation unit is permitted to be 121 m² as long as the total floor area of all tourist accommodation units on the lot does not exceed the permitted number of tourist accommodation units as outlined in Subsection 5.8(22) multiplied by 56 m².

(11) The floor area devoted exclusively to accessory retail sales must not exceed 140 m².

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(12) The total floor area devoted exclusively to the accessory uses permitted by Article 5.8(1)(e) must not exceed the total floor area devoted exclusively to the principal uses on the lot.

(13) If two accessory dwellings are sited on a lot, the floor area of one dwelling must not exceed 140 m².

Conditions of Use (14) An accessory dwelling is only for the use of a caretaker, owner, operator, or employee of a permitted principal use. (15) At least one (1) accessory dwelling must be occupied by the caretaker, owner, operator, or employee while the tourist accommodation use is in operation. (16) If two (2) accessory dwellings are sited on a lot, one (1) dwelling must be occupied by an employee of the tourist accommodation use. (17) An employee may occupy one tourist accommodation unit with a maximum floor area no greater than 140 m². (18) The accessory uses as outlined in Subsection 5.8(1)(e) are only permitted on a lot with an area greater than 1.0 hectares. (19) Every external storage area must be screened from view by a landscape screen complying with Subsection 3.9(1). (20) Every use outlined in Subsection 5.8(1) must be screened from adjacent residential uses along lot lines abutting lots zoned Rural Residential 1, Rural Residential 2, Rural, Rural Comprehensive 1, Rural Comprehensive 2 and Agricultural, complying with Subsection 3.9(2).

Subdivision Lot Area Requirements (21) No lot having an area less than 0.6 hectares may be created by subdivision in the Commercial 2 Zone.

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Site–Specific Regulations

(22) 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 5.8 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 C2(a) Lot 1, Plan 23566, Section The maximum number of tourist accommodation 11. units permitted on the lot is 25. 2 C2(b) Lot 1, Plan 4750, Section 17 The maximum number of tourist accommodation excluding Plan 20404. units permitted on the lot is 7. 3 C2(c) Lot B, Plan VIP87395, The maximum number of tourist accommodation Section 17. units permitted on the lot is 8. 4 C2(d) Lot A, Plan VIP87395, (1) The maximum number of tourist Section 17. accommodation units permitted on the lot is 20. (2) Despite Subsection 5.8(9) and 5.8(10), the lot may contain one tourist accommodation unit with a maximum floor area of 280 m² which is excluded from the total floor area calculation for all tourist accommodation units on the lot. 5 C2(e) Lot 2, Plan 8439, Section 17 The maximum number of tourist accommodation excluding Plan 20404. units permitted on the lot is 3. 6 C2(f) Parcel C, DD82824I, Section The maximum number of tourist accommodation 17 and a portion of Lot A units permitted on the lot is 33. VIP52864 Section 17. 7 C2(g) Portion of Lot 1, VIP 59811, The maximum number of tourist accommodation Section 15. units permitted on the lot is 27.

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5.9 Commercial 3 (C3) Zone

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) Campground;

(c) Marina;

(d) Accessory dwelling;

(e) Accessory laundromat, restaurant, café, recreation facility, retail sales, boat rental, and premises, other than a neighbourhood pub, licensed under the Liquor Control and Licensing Act;

(f) Accessory boat launching ramps and marina services when adjacent to Water 2 (W2) Zone; and,

(g) Accessory uses, buildings and structures.

Density

(2) The maximum number of tourist accommodation units permitted in the Commercial 3 Zone is 29.

(3) No tourist accommodation building may contain more than 18 tourist accommodation units.

(4) There may not be more than two (2) accessory dwellings on any lot.

Siting and Size

(5) No building or structure may exceed 9.7 metres in height.

(6) Despite Subsection 5.9(5), the maximum height for a tourist accommodation building is 10.7 metres.

(7) The minimum setback for any building or structure shall be:

(a) 7.6 metres from any front or rear lot line; and,

(b) 6.1 metres from any interior or exterior side lot line.

(8) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.9(7) must be increased by 3 metres.

(9) Lot coverage may not exceed 15 percent.

(10) The maximum floor area for a tourist accommodation unit is 56 m².

(11) Despite Subsection 5.9(10), the maximum floor area of a tourist accommodation unit is 121 m², with the total floor area of all tourist accommodation units in the Commercial 3 Zone not exceeding 1876 m².

(12) The floor area devoted exclusively to accessory retail sales must not exceed 140 m².

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(13) The maximum floor area of an accessory dwelling is 140 m².

Conditions of Use (14) An accessory dwelling is only for the use of a caretaker, owner, operator, or employee of a permitted principal use. (15) Every external storage area must be screened from view by a landscape screen complying with Subsection 3.9(1). (16) Every use outlined in Subsection 5.9(1) must be screened from adjacent residential uses along lot lines abutting lots zoned Rural Residential 1, Rural Residential 2, Rural, Rural Comprehensive 1, Rural Comprehensive 2 and Agricultural, complying with Subsection 3.9(2).

Subdivision Lot Area Requirements (17) No lot having an area less than 0.6 hectares may be created by subdivision in the Commercial 3 Zone.

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5.10 General Industrial (GI) Zone

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) Contractor Yard;

(b) Manufacturing;

(c) Wholesale and retail sales of building, gardening, landscaping materials and supplies;

(d) Auto body repair;

(e) Indoor storage;

(f) Storage of motor vehicles, recreational vehicles, boats and trailers;

(g) Storage and handling of goods, materials, and equipment other than dangerous or hazardous materials, salvaged motor vehicle parts or scrap;

(h) Accessory dwelling; and,

(l) Accessory uses, buildings and structures.

Density

(2) Only one (1) accessory dwelling permitted per lot.

Siting and Size

(3) No building or structure may exceed 9.7 metres in height.

(4) The minimum setback for any building or structure shall be:

(a) 9.2 metres from any front or rear lot line; and,

(b) 15 metres from any interior or exterior side lot line.

(5) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.10(4) must be increased by 3 metres.

(6) Lot coverage may not exceed 33 percent.

(7) The maximum floor area of an accessory dwelling is 140 m².

Conditions of Use (8) An accessory dwelling is only for the use of a caretaker, owner, operator, or employee of a permitted principal use located on the same lot. (9) Every use outlined in Subsection 5.10(1) must be screened from view by a landscape screen complying with Subsection 3.9(1).

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(10) Every commercial use must be screened from adjacent residential uses along lot lines abutting lots zoned Rural Residential 1, Rural Residential 2, Rural, Rural Comprehensive 1, Rural Comprehensive 2 and Agricultural, complying with Subsection 3.9(2).

Subdivision Lot Area Requirements (11) No lot having an area less than 1.2 hectares may be created by subdivision in the General Industrial Zone.

Site–Specific Regulations

(12) 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 5.10 1 2 3 Site- Location Description Site Specific Regulations Specific Zone 1 GI(a) Parcel C, DD68964I, Section 18, Despite Subsection 5.10(1), the only uses except that part thereof lying permitted in this location are those permitted by south of the main highway from Articles 5.10(1)(c) and (g), propane sales, and Hope Bay to Port Washington. accessory buildings and structures. 2 GI(b) Portion of the NW ¼ of Section Despite Subsection 5.10(1), the only uses BL 229 11 except the south 26.364 permitted in this location is commercial boat chains and except Parcel A maintenance, covered boat storage and accessory (DD143808I) and except those buildings and structures and all covered boat parts shown outlined in red on storage buildings and structures, and accessory Plan 5632 and 262R and except building and structures must not exceed a height those parts in Plans 5856, 7982 of 4.6 metres. and 20898. 3 GI(c) Portions of Lot 8 & 9, Plan 6294, Despite Subsection 5.10(1), the only uses Section 18. permitted are: (a) the storage and processing of materials, including dangerous or hazardous materials, supplies and equipment used for, or generated from, the construction, maintenance and repair of highways; (b) the storage of materials, including dangerous or hazardous materials, supplies and equipment used for telecommunications networks and the supply of electricity; (c) the servicing and repairing of goods, materials and equipment; and the processing, crushing and storage of gravel; and, (d) Accessory buildings and structures. 4 GI(d) Portion of Parcel G, DD47659I, Despite Subsection 5.10(1), the only uses excluding Plans 2648, 9912 and permitted in this location are: 37908 and VIP54314. (a) The processing, fabricating, assembly, manufacturing, servicing and repairing of

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goods, materials and equipment; (b) Contractor Yard; and, (c) Accessory buildings and structures. 5 GI(e) Westerly portion of land legally Despite Subsection 5.10(1), the only uses described as a portion of Parcel permitted in this location are: G, DD47659I excluding Plans (a) Contractor Yard; 2648, 9912 and 37908 and (b) Storage of gravel; and, VIP54314 (c) Accessory buildings and structures. BL 229 5 GI(e) Portion of Lot 1, Section 18, Despite Subsection 5.10(1), the only uses Pender Island, Cowichan District, permitted in this location are: Plan VIP59806 (a) waste transfer facility; (b) commercial composting; (c) commercial recycling; (d) Accessory storage of a maximum of five (5) motorized or non-motorized trucks; and five (5) construction containers; and, (e) Accessory buildings and structures.

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5.11 Community Service (CS) Zone

Permitted Uses

The uses permitted in the Community Service Zone are established by site specific regulations in Subsection 5.11(8).

Density

The density permitted in the Community Service Zone are established by site specific regulations in Subsection 5.11(8).

Siting and Size

(1) No building or structure may exceed 9.7 metres in height.

(2) The minimum setback for any building or structure shall be:

(a) 7.6 metres from any front or rear lot line; and,

(b) 3 metres from any interior side lot line; and,

(c) 4.5 metres from any exterior side lot line.

(3) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.11(2) must be increased by 3 metres.

(4) Lot coverage may not exceed 25 percent.

Conditions of Use (5) Every external storage area and works yard must screened from view by a landscape screen complying with Subsection 3.9(1). (6) Every community service use must be screened from adjacent residential uses along lot lines abutting lots zoned Rural Residential 1, Rural Residential 2, Rural, Rural Comprehensive 1, and Rural Comprehensive 2 and Agricultural, complying with Subsection 3.9(2).

Subdivision Lot Area Requirements (7) No lot having an area less than 2.0 hectares may be created by subdivision in the Community Service Zone.

Site–Specific Regulations

(8) 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 5.11 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 CS(a) Lot 1, Section 11, Plan 27405. The only use permitted in this location is

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church. 2 CS(b) Lot A, Section 18, Plan 14409. The only uses permitted in this location are library, preschool and charity retail stores. 3 CS(c) Lot 8, Section 10, Plan 24778. The only uses permitted in this location are public emergency services and public works yard. 4 CS(d) Lot 20, Section 10, Plan 24777. The only use permitted in this location is water tank. 5 CS(e) Lot 20, Section 10, Plan 24777. The only use permitted in this location is church. 6 CS(f) Lot A, Section 18 Plan 22835. The only uses permitted in this location are public utility. 7 CS(g) Lot 1, Plan 29572, Section 11. The only use permitted in this location is school. 8 CS(h) Lot A, Plan 40871, Section 11. The only uses permitted in this location are health clinic, public emergency services. 10 CS(i) Lot A, Plan 65874, Section 18. The only use permitted in this location is community hall. 11 CS(j) Lots 1, Plan 30765, Section 15. The only uses permitted in this location are public emergency and protection services, and one (1) accessory dwelling. 12 CS(k) Lot 2, Plan 30765, Section 15. The only uses permitted in this location are public emergency services. 13 CS(l) Lot 2, Plan 18611, Section 15. The only use permitted in this location is cemetery. 14 CS(m) Parcel A (DD47774W) of Lot 6 (1) The only uses permitted in this location are Plan 7196 Section 17. private clubs including club hall rentals. (2) The gross floor area of the uses permitted in (1) may not exceed 483 m². 15 CS(n) Lot 131, Sections 8 and 10, The only use permitted in this location is Pender Island, Cowichan District, church. Plan 17181 16 CS(o) A portion of Lot 3, Section 2, (1) The only uses permitted in this area is the Pender Island, Cowichan District, retail sale of used goods where all proceeds Plan VIP54822. from sales are donated to community organizations and projects on North Pender Island. (2) Despite Subsection 5.11(7), no lot having an area less than 0.6 hectares may be created by subdivision in the Community Service CS (o) zone. 17 CS(p) Portion of THAT PART of Lot 6, The only use permitted in this area is: the Section 7, Pender Island, housing of equipment for the supply and Cowichan District, Plan 1695, distribution of telecommunications and cable Lying of the East of a Boundary service as a regulated service utility, not to Parallel to and Perpendicularly include retail or office uses. Distant 260 feet from the Easterly Boundary. 18 CS(q) Lot A, Section 17, Pender Island, The only permitted use in this location is ferry Cowichan District, Plan VIP75211 terminal. and Lot 2, Section 17, Pender Island, Cowichan District, Plan 31869.

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5.12 Community Housing (CH) Zone

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 234 (a) Two-family and multiple-family dwellings managed by a non-profit society; and,

(b) Accessory uses, buildings and structures.

Density

(2) There may not be more than one (1) dwelling per 0.1 hectares of lot area, to a maximum of 20 dwellings per lot.

Siting and Size

(3) No building or structure may exceed 9.7 metres in height.

(4) The minimum setback for any building or structure shall be:

(a) 7.6 metres from any front or rear lot line;

(b) 3.0 metres from any interior side lot line; and,

(c) 4.5 metres from any exterior side lot line.

(5) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.12(4) must be increased by 3 metres.

(6) Lot coverage may not exceed 25 percent.

Conditions of Use

(7) Every external storage area must be screened from view by a landscape screen complying with Subsection 3.9(1). (8) Every multi-family dwelling must be screened from adjacent residential uses along lot lines abutting lots zoned Rural Residential 1, Rural Residential 2, Rural, Rural Comprehensive 1, Rural Comprehensive 2 and Agricultural, complying with Subsection 3.9(2).

Subdivision Lot Area Requirements (9) No lot having an area less than 2.0 hectares may be created by subdivision in the Community Housing Zone.

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5.13 Rental Housing (RH) Zone

BL 229

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) Multi-family rental dwelling; and,

(b) Accessory uses, buildings and structures.

Density

(2) There may not be more than 16 multiple-family rental dwelling units per lot.

Siting and Size

(3) No building or structure may exceed 9.7 metres in height.

(4) The minimum setback for any building or structure shall be:

(a) 7.6 metres from any front or rear lot line;

(b) 3.0 metres from any interior side lot line; and,

(c) 4.5 metres from any exterior side lot line.

(5) If a lot line adjoins the Agricultural (AG) Zone, the setbacks in respect of that lot line required by Subsection 5.13(4) must be increased by 3 metres.

(6) Lot coverage may not exceed 25 percent.

(7) The maximum floor area of a multiple-family rental dwelling unit must not exceed 93 m².

Conditions of Use

(8) Every external storage area must be screened from view by a landscape screen complying with Subsection 3.9(1). (9) Every multi-family rental dwelling must be screened from adjacent residential uses along lot lines abutting lots zoned Rural Residential 1, Rural Residential 2, Rural, Rural Comprehensive 1, Rural Comprehensive 2 and Agricultural, complying with Subsection 3.9(2).

Subdivision Lot Area Requirements (10) No lot having an area less than 1.2 hectares may be created by subdivision in the Rental Housing Zone.

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5.14 Recycling Facility (RF) Zone

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 or local non-profit society owned recovery, storage, processing and shipping of discarded materials; and,

(b) Accessory uses, buildings and structures.

Density

(2) Lot coverage may not exceed 80 percent.

Siting and Size

(3) No building or structure may exceed 9.7 metres in height.

(4) The minimum setback for any building or structure shall be:

(a) 7.0 metres from any front lot line; and

(b) 3.0 metres from any rear lot line, interior or exterior side lot line; and,

Conditions of Use

(5) Every external storage area and works yard must be screened from view by a landscape screen complying with Subsection 3.9(1). (6) Every use must be screened from adjacent residential uses along lot lines abutting lots zoned Rural Residential 1, Rural Residential 2, Rural, Rural Comprehensive 1, Rural Comprehensive 2 and Agricultural, complying with Subsection 3.9(2).

Subdivision Lot Area Requirements (7) No lot having an area less than 0.2 hectares may be created by subdivision in the Recycling Facility Zone.

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5.15 Service (SD) Zone

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) Treatment and disposal of sewage.

Siting and Size

(2) No building or structure may exceed 4.6 metres in height.

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

(a) 7.6 metres from any front or rear lot line; and,

(b) 6.1 metres from any interior or exterior side lot line.

Conditions of Use

(4) Every sewage treatment system located above ground must be screened from view by a landscape screen complying with Subsection 3.9(1).

Subdivision Lot Area Requirements (5) No lot having an area less than 0.4 hectares may be created by subdivision in the Service Zone.

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 refer to the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

Table 5.15 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 SD(a) Part of Lot 3, Section 11, Despite Subsection 5.15(1), the only use Plan 7982 except Part in permitted in this location is the treatment and Plan 21227. disposal of sewage generated on Lot A (DDG54184), Section 11, Plan 7982.

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5.16 National Park (NP) Zone

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; and

(d) Park operations and maintenance facilities;

Density

(2) Lot coverage may not exceed 10 percent.

Siting and Size

(3) No building or structure may exceed 9.0 metres in height.

(4) The minimum setback for any building or structure is 7.6 metres from any lot line.

Subdivision Lot Area Requirements (5) No lot having an area less than 65 hectares may be created by subdivision in the National Park Zone.

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 refer to the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

Table 5.16 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 NP(a) Lot 1, Plan 15769, Section (1) Despite Subsection 5.16(1), one dwelling is 16. permitted in this location.

(2) The maximum floor area of the dwelling may not exceed 140 m².

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5.17 Community Park 1 (CP1) Zone

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) Playgrounds and playing fields; and,

(b) Picnic facilities.

Density

(2) Lot coverage may not exceed 5 percent.

Siting and Size

(3) No building or structure may exceed 9.0 metres in height.

(4) The minimum setback for any building or structure is 7.6 metres from any lot line.

Conditions of Use (5) Despite Section 3.1, buildings or structures, other than playground structures, playing field fences and goalposts, picnic tables and toilets, are not permitted.

Subdivision Lot Area Requirements

(6) No lot may be subdivided in the Community Park 1 Zone.

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Site–Specific Regulations

(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 refer to the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

Table 5.17 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 CP1(a) The WEST 1/2 of Section 10, (1) In addition to the buildings and structures Pender Island, Cowichan permitted in Subsection 5.17(1), the following District, Except Parts in are permitted: Plans16459, 16958, 21107, (a) picnic shelter 21811, 2149, 22273, 22424, (1) The maximum size of a picnic shelter is 80.2 22932, 23175, 23433, m² measured to the drip line of the roof in 23487, 24776, 30587, 30589 accordance with lot coverage. And 31146. (2) No building or structure, with the exception of (Thieves Bay Community playing field fences and picnic tables, may be Park) located: (a) within 7.6 metres of any front or rear lot line measured to the drip line of the roof; or (b) within 3 metres of any interior side lot line, nor within 4.5 metres of any exterior side lot line measured to the drip line of the roof. (3) No building or structure, with the exception of playing field fences, may exceed 4.6 metres in height.

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5.18 Community Park 2 (CP2) Zone

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) Playgrounds and playing fields; and,

(b) Picnic facilities.

Density

(2) Lot coverage may not exceed 5 percent.

Conditions of Use (3) Despite Section 3.1, the only buildings or structures permitted are playground structures, playing field fences and goalposts, picnic tables, toilets, and accessory buildings and structures to sports events.

Subdivision Lot Area Requirements

(4) No lot may be subdivided in the Community Park 2 Zone.

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 refer to the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

Table 5.18 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 CP2(a) The westerly upland portion (1) In addition to the uses permitted in Subsection of Magic Lake to the 5.18(1), one (1) structure to store non- westerly road boundary. motorized boats is also permitted. BL 229 2 CP2(b) Lot 18, Section 10, Pender (1) In addition to the uses permitted in Subsection Island, Cowichan District, 5.18(1), tennis courts are also permitted. Plan 22424

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5.19 Ecological (ECO) Zone

Permitted Uses

(1) The following uses are permitted, subject to the regulations set out in this Section, and all other uses are prohibited:

(a) Ecological reserves and nature reserves.

Conditions of Use (2) Despite Section 3.1, no other uses, buildings or structures, except for those permitted in Subsection 5.19(1), are permitted in the Ecological Zone.

Subdivision Lot Area Requirements

(3) No lot may be subdivided in the Ecological Zone.

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5.20 Water 1 (W1) Zone

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) Private docks accessory to the residential use of an abutting upland lot or lots abutting the sea, and providing access to that lot or those lots;

(b) Pilings necessary for the establishment or maintenance of the uses permitted by Article 5.20(1)(a); and,

(c) Marine navigation, marine navigation aids and marker buoys.

Density

(2) A maximum of one (1) private dock is permitted per abutting upland residential lot.

Siting and Size

(3) No structure may be located within 3 metres of the seaward projection of any side lot line of the abutting upland lot.

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(4) The maximum water area that may be covered by floats and wharves is 37 m².

(5) The width of any ramp or walkway, including handrails, used to access any dock, float or wharf permitted in Subsection 5.20(1) shall not exceed 1.5 metres.

Conditions of Use

(6) No building, including a boat house, may be constructed or erected on any float or wharf in the Water 1 Zone. (7) No person may reside on any structure or on any boat or vessel moored or wharfed in the Water 1 Zone. (8) For certainty, no commercial or industrial activity or use is permitted in the Water 1 Zone.

Site–Specific Regulations

(9) 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 5.20 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 W1(a) The land covered with (1) Despite Subsection 5.20(4) the maximum water fronting Lot 23, water area that may be covered by a float is Section 6, Pender Island, 83.6 m². Cowichan District, Plan (2) Despite Subsection 5.20(2), a maximum of 1084, Except part in Plan one (1) private dock is permitted in the W1(a) 19554. Zone.

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5.21 Water 2 (W2) Zone

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) Marinas;

(b) Yacht clubs;

(c) Wharfage facilities for water taxis, ferries, fishing boats, sea planes and similar craft;

(d) Boat launch ramps;

(e) Marine navigation, marine navigation aids and marker buoys;

(f) Accessory breakwaters, piers, dolphins and pilings necessary for the establishment or maintenance of any use permitted in this zone;

(g) Accessory sale and rental of boats and sporting equipment, except personal watercraft;

(h) Accessory fuelling stations; and,

(i) Accessory buildings located on docks.

Density

(2) A maximum of one (1) private dock is permitted per abutting upland residential lot.

Siting and Size

(3) No building or structure may exceed 4.5 metres in height.

(4) The maximum floor area of all accessory buildings on located docks is not to exceed 37m² within any one location in the Water 2 Zone.

(5) No dock or other structure may be located outside of the boundaries of a water lease or licence of occupation.

Conditions of Use

(6) No person may reside on any building, structure, boat or vessel moored or wharfed, in the Water 2 Zone.

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Site–Specific Regulations

(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 refer to the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

Table 5.21 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 W2(a) Part of District Lot 107, Despite Subsection 5.21(1), the only use permitted Cowichan District and in this area are floating wave attenuators. Unsurveyed Crown Land covered by water being part of the bed of Port Browning, Cowichan District.

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5.22 Water 3 (W3) Zone

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 navigation, marine navigational aids and marker buoys and no other uses are permitted in the Water 3 Zone.

Site–Specific Regulations

(2) 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 5.22 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 W3(a) The land covered with water (1) In addition to the uses permitted in fronting a portion of Lot 1, Subsection 5.20(1) the following are Sections 17 and 23, Pender permitted: Island, Cowichan District, (a) Erosion protection in the form of seawalls. Plan EPP12506 and Lot 1, (2) Despite Subsection 5.20(3), siting of a seawall Section 17 and 23, Pender is permitted only within the identified Island, Cowichan District, “Construction Area” lying seaward of the Plan 10989. present natural boundary of the sea, and projecting no further than 2.28 metres from said boundary, as shown on “W3(a) Seawall Plan” of Schedule E. (3) The maximum height of a seawall is 5.5 metres, measured from the base on the downslope side, and at no point can a seawall project more than 0.3 metre above the finished grade on the upslope side. 2 W3(b) The land covered with (1) In addition to the uses permitted in water fronting Lot B, Subsection 5.20(1), the following is permitted: Section 11, Pender Island, (a) Placement of a marine geothermal loop Cowichan District, Plan for the purpose of domestic heating and 32264, Except part in Plan cooling accessory to the upland VIP68515. residential property.

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5.23 Water 4 (W4) Zone

Permitted Uses

(1) The following uses are permitted, subject to the regulations set out in this Section, and all other uses are prohibited:

(a) Marine navigation, marine navigation aids and marker buoys;

(b) Ferry terminal;

(c) Public port facilities; and,

(d) Accessory breakwaters, docks, piers, dolphins, and pilings necessary for the establishment or maintenance of such port facilities.

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5.24 Water 5 (W5) Zone

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 all other uses are prohibited:

(a) Marine navigation aids;

(b) Natural resource management and protection; and,

(c) Dock, wharfage, and moorage accessory to the Upland National Park lands.

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5.25 Water 6 (W6) Zone

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, including reservoirs, treatment plants, pumping stations, intake structures, water and sewer lines;

(b) Private floats and ramps accessory to the residential use of an abutting upland lot;

BL 229 (c) Community dock accessory to the upland community park use;

(d) Pilings necessary for the establishment or maintenance of uses permitted by Subsection 5.25(1); and,

(e) Navigation aids and marker buoys.

Density

(2) A maximum of one (1) private float is permitted per abutting upland residential lot.

BL 229 (3) A maximum of one (1) community dock is permitted in the Water 6 Zone.

Siting and Size

(4) No building or structure may exceed 4.5 metres in height.

(5) No structure may be located within 3 metres of any side lot line.

(6) Where the structure cannot be constructed entirely within the lot boundaries of the residential lot, no structure may be located within 3 metres of the projection of any side lot line of the abutting upland lot and must receive written authorization from the Capital Regional District.

(7) The maximum water area that may be covered by a float is 15 m².

(8) The maximum size of any float is 6 metres in any dimension.

(9) The maximum length of any ramp is 6 metres and shall be constructed in compliance with Subsection 3.3(2).

Conditions of Use

(10) No building, including a boat house, may be constructed or erected on a private float in the Water 6 Zone. (11) No derelict or abandoned floats, ramps or walkways are permitted in the Water 6 Zone. (12) No person may reside on any structure, boat or vessel in the Water 6 Zone. (13) For certainty, no commercial or industrial activity or use is permitted in the Water 6 Zone.

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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 refer to the notation on the zoning map. The second column describes the location where the specific regulations cited in column three apply:

Table 5.25 1 2 3 Site-Specific Location Description Site Specific Regulations Zone 1 W6(a) Gardom Pond Despite Subsection 5.25(6), the maximum water area that may be covered by a float is 3 m².

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5.26 Comprehensive Development 1 (CD1) Zone

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) Retail Sales;

(b) Offices, including banks;

(c) Personal services;

(d) Home appliance repairs;

(e) Restaurants;

(f) Cafes;

(g) Bakeries;

(h) Printing and publishing business;

(i) Sale and rental of boats and sporting equipment, except personal watercraft;

(j) Seawalls and pilings necessary for the establishment or maintenance of any use permitted in this Zone;

(k) Accessory dwelling; and

(l) Accessory uses, buildings and structures.

Density

(2) Lot coverage may not exceed 25 percent.

(3) Only one (1) accessary dwelling is permitted.

Floor Area

(4) The maximum floor area of an accessory dwelling is 140 m².

Setbacks

(5) The setbacks from all lot lines and the natural boundary of the sea for the building and for the surfaced courtyard and pathway shown on Plan CD1(a) of Schedule F shall be those shown on Plan CD1(a) of Schedule F, exclusive of roof overhangs, stairs, landings, ramps and septic disposal systems.

(6) Roof overhangs may in no case project more than 0.8 metres into the setbacks shown on Plan CD1(a) of Schedule F. Stairs, landings and ramps may in no case be sited closer than 2.5 metres to a lot line.

(7) Portions of the sewage treatment system consisting of a contained package treatment plant, grease interceptors, emergency overflow tank and the associated utility lines may be sited as close as 1.0 metre to a lot line.

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(8) Despite Subsection 3.3(4), portions of the sewage treatment system consisting of a contained package treatment plant, grease interceptors, emergency overflow tank and the associated utility lines may be sited as close as 1.0 metres upland from the natural boundary of the sea.

(9) The setbacks for any buildings or structures not shown on Plan CD1(a) of Schedule F shall be those for the Commercial 1 Zone on any upland lot and those for the Water 2 Zone within a water lease or license of occupation.

Height

(10) The maximum height above the natural boundary of the sea for the building shown on Plan CD1(a) of Schedule F shall be 12 metres.

(11) The maximum height of any buildings or structures not shown on Plan CD1(a) of Schedule F shall be those for the Commercial 1 Zone on the upland lots and those for the Water 2 Zone within a water lease or license of occupation.

(12) The number of storeys of any building shall not exceed two (2) above finished grade.

Signs

(13) Despite Subjection 6.1(2), no signs may be erected, or affixed to the outside of any structure, except: (a) One wall sign, provided that: (i) the area covered by the sign does not exceed 8m²; (ii) the top edge of the sign does not project above the top of the building; and, (iii) the sign is placed flush against the side of the building. (b) One freestanding sign, not exceeding a total area of 1.1 m². (c) One sign, not exceeding a total area of 1.1 m², on each business premise, advertising the type of business, occupation or trade conducted on the premises or the principal product or service sold. (d) One sign, not exceeding a total area of 0.6 m², pertaining to the lease, sale, name of owner, name of lot or use of the accessory dwelling permitted in Article 5.26(1)(k). Parking (14) Despite Subsection 7.5(2), the minimum number of parking spaces required in the Comprehensive Development 1 Zone for the accessory dwelling is one (1) parking space. (15) In addition to the parking spaces provided, a minimum of 5 bicycle parking spaces must be provided in the form of a fixed structure that supports the bicycle frame and permits the bicycle wheels to be locked to the frame. (16) Despite Sections 7.1 and 7.2, the required off-street parking spaces may be accessed directly from a highway. (17) Despite Subsection 7.1(4), a parking area may be located within the setback from the front lot line. (18) Despite Subsection 7.1(5), a parking area may be sited 0.0 metres from an interior or exterior side lot line. (19) Despite Subsection 3.3(1), structures and paved areas associated with a parking area may be sited as close as 7.0 metres upland from the natural boundary of the sea.

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Conditions of Use (20) An accessory dwelling is only for the use of a caretaker, owner, or operator of a permitted principal use located on the same lot. (21) An accessory dwelling must be located in the same building as a principal commercial use and have a separate outside entrance. (22) Every external storage area on the upland lots must be screened from view by a landscape screen complying with Subsection 3.9(1). (23) Every commercial building must be screened from adjacent residential uses along lot lines abutting lots zoned Rural Residential 1, Rural Residential 2, Rural, Rural Comprehensive 1, Rural Comprehensive 2 and Agricultural, complying with Subsection 3.9(2).

Subdivision Lot Area Requirements (24) No lot having an area less than 0.4 hectares may be created by subdivision in the Comprehensive Development 1 Zone.

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PART 6 SIGN REGULATIONS

6.1 Permitted Signs

(1) In the Rural Residential 1 Zone, Rural Residential 2 Zone, Rural Comprehensive 1 Zone, Rural Comprehensive 2 Zone, or Rural (R) Zone, no sign may be erected on any lot or affixed to the outside of any building or structure except:

(a) one (1) sign in respect of any home business or home industry or combination of them; (b) one (1) sign pertaining to the lease, sale, name of owner or property or use of a lot or building on which they are placed; and, (c) no sign may exceed a total area of 0.6 m2.

(2) In any Commercial, Agricultural, Institutional or Industrial zones, no signs of any kind or nature may be erected on any premises or affixed to the outside of any building or structure, except for:

(a) one (1) sign not exceeding a total area of 1.1 m2 within 7.5 metres of the front or side lot line; (b) one (1) sign on each business premise, advertising the type of business, occupation or trade conducted on the premises or the principal produce or service sold; and, (c) one (1) sign not exceeding the area specified in Subsection 6.1(1) in respect of any accessory dwelling permitted on the lot.

For the purpose of this subsection, two identical signs, back to back and facing opposite directions, are considered to be one sign.

6.2 Prohibited Signs

(1) Any sign that is internally illuminated; any sign with moving parts; and any noise making sign is prohibited.

6.3 Exempt Signs

(1) Nothing in this Bylaw prohibits the erection of a sign by an agency of government for purposes of public health or safety, or by a candidate in a municipal, provincial or federal election during the period prior to the election.

6.4 Lighting of Signs

(1) Any light illuminating a sign must be controlled so as not to cast light onto neighbouring lot or into the eyes of oncoming motorists.

6.5 Obsolete Signs

(1) Any sign which has become obsolete because of 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) Any parking space must be wholly provided on the same lot as the building or use in respect of which it is required.

(2) Despite Subsection 7.1(1), if required parking spaces cannot physically be accommodated on the same lot as the building or use in respect of which they are required, they may be provided on a different lot within 100 metres, if that lot is in the same zone or another zone in which parking is a permitted principal use.

(3) If, under Subsection 7.1(2), parking spaces are provided on a lot other than the one on which the use is located in respect of which they are required, the owner of the lot must grant a covenant restricting the use of the lot or a portion of the lot to motor vehicle parking spaces for the lot on which the use is located.

(4) No parking area may be located within the required front yard setback area for the zone within which the lot is located, except where Subsection 7.1(5) applies.

(5) If a parking area is located on a lot, it must be sited at least 3 metres from any side lot line.

(6) If a parking area is located on the same lot as a dwelling but not within the dwelling, it must be sited at least 1.5 metres from the dwelling.

(7) Every off-street parking area provided or required on any lot with an industrial use, the access to such area must have a hard surface if such area is between the principal building on the lot and the highway giving access to the lot. Any area at the rear or the side of the principal building provided or required for off-street parking need must be surfaced so as to minimize the carrying of dirt or foreign matter onto the highway.

(8) For the purpose of Subsection 7.1(7) the term "hard surface" means a durable, dust free surface constructed of concrete block, compacted crushed gravel, or similar material, and permeable by water.

(9) If a parking area is provided in respect of a home business or industry and the parking area abuts a lot on which a residential use is permitted, the parking area must be screened by a landscape screen complying with Section 3.9.

7.2 Design Standards

(1) Each required off-street parking space must be a minimum of 2.6 metres in width, and a minimum of 5.5 metres in length, exclusive of access drives or aisles, ramps, columns, or similar obstructions, and have vertical clearance of at least 2 metres. For parallel parking, the length of the parking spaces must be increased to 7.3 metres except end spaces, which must be a minimum length of 5.5 metres.

(2) Manoeuvring aisles must be a minimum of 7.3 metres wide for 90 degree parking, 5.5 metres wide for 60 degree parking, and 3.6 metres wide for 45 degree parking and parallel parking. Where parking is directly off a lane, the lane may be considered part of the aisle and in such cases the combined width of the aisle and parking spaces must be a minimum of 12.8 metres.

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(3) Each parking space provided under Subsection 7.3(1) must have a width of at least 3.7 metres; be clearly identified for use only by persons with disabilities; and be located so as to provide the most convenient access to an accessible building entrance or, if the parking area serves several premises, so as to provide equally convenient access to all such premises.

(4) Adequate access to and exit from individual parking spaces must be provided at all times by means of unobstructed manoeuvring aisles.

(5) Any lighting must be so arranged as to direct or reflect the light exclusively on the parking area at illumination levels of 11 Lux or less.

7.3 Calculation

(1) If a use requires more than 30 parking spaces, one additional parking space for persons with disabilities and one space for a pick up/drop off area must be provided.

7.4 Number of Off-Street Parking Spaces

(1) When any new use of land or buildings or structures takes place or when any existing use of land or buildings or structures is enlarged or increased in capacity, provision must be made for off-street vehicular parking spaces in accordance with the standards set out in this section.

(2) The number of off-street parking spaces required in respect of particular uses is set out in Table 7.1, and where a particular use is not listed the number required for the most similar listed use applies.

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Table 7.1 : Number of Off-Street Parking Spaces Use of Building or Lot Minimum Number of Parking Spaces Required Dwelling 2 per dwelling Cottage 1 per cottage Secondary Suite 1 Home Business (other than Bed & Breakfast) 2 Home Industry Bed & Breakfast 1 per room Community Housing 1 per Rental Housing Retail Stores Personal Services Banks 1 per 35 m² of floor area Repair Shops in commercial zones Medical Office Single Tenant Office Multi-Tenant Office 1 per 30 m² of floor area Restaurants Cafes 1 per 3 seats Premises licensed under the Liquor Control and Licensing Act Tourist Accommodation 1 per Tourist Accommodation Unit Campground 2 plus 1 per camping space Private Clubs Churches Libraries 1 per 35 m² of floor area Museums Fire Hall Community Halls Lodge Halls 1 per 4 seats Churches Indoor Recreation Facilities 1 per 35 m² of floor area Industrial Use Warehouses Wholesale and Storage Buildings 1 per 35 m² of floor area Servicing and Repair - Industrial zones Recycling Facilities Printing and Publishing Ferry Dock Facilities 100 Marinas 1 per 5 Berths Yacht Clubs Fish Buying Stations Wharfage of Sea Planes 1 per Berth Water Taxis and Fishing Boats Marine Fuel Sales Storage and Sale of Petroleum Fuels 1 Cemeteries 15 Golf Courses 2 per Tee

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PART 8 SUBDIVISION REGULATIONS

8.1 Lot Area Calculations

(1) Subdivisions must comply with the minimum and average lot area regulations set out in Part 5 of this Bylaw except that a park to be dedicated upon deposit of the subdivision plan need not comply with those regulations and the Approving Officer may approve a subdivision creating a single lot not complying with those regulations if the owner grants to the North Pender Island Local Trust Committee a covenant restricting the use of the lot to park use. For the purposes of this Bylaw, the average lot area is the sum of the gross areas of the proposed lots divided by the number of proposed lots, subject to Subsection 8.1(2).

(2) If an owner of lot being subdivided dedicates as parkland more than 5 percent of the land being subdivided, the area greater than 5 percent may, for the purpose of determining compliance with average lot area regulations set out in Part 5 of this Bylaw, be included in the total area of lots being created, and the park or parks are deemed not to be lots.

(3) No lot having an area of less than 16 hectares may be subdivided under the Local Government Act to provide a residence for a relative of the owner unless the lot is entirely within the Agricultural Land Reserve.

8.2 Exemptions from Average and Minimum Lot Area Requirements

(1) The average and minimum lot areas specified in Part 8 do not apply:

(a) if the lot being created is to be used solely for the unattended equipment necessary for the operation of facilities referred to in Subsection 3.1(5) and 3.1(6) of this Bylaw or for ambulance or fire protection facilities, a community sewer system, a community gas distribution system, a community radio or telephone receiving antenna, a radio or television broadcasting antenna, a telecommunication relay, an automatic telephone exchange, an air or marine navigational aid, or an electrical substation or generating station, and the owner grants a covenant complying with Subsection 2.6(1) of this Bylaw restricting the use of the lot to that use and prohibiting residential and manufacturing uses on that lot; (b) if the lot being created is for park use, and ecological reserve, or dedication to the Crown; (c) to the consolidation of two or more lots into a single parcel; or, (d) to a boundary adjustment subdivision, provided that the subdivision would not increase the area of any lot to the point where the new lots created could be subdivided into more lots than would be permitted under this Bylaw without the boundary adjustment.

8.3 Covenants Prohibiting Further Subdivision and Development

(1) If a subdivision is proposed that yields the maximum number of lots permitted by the applicable minimum and average lot areas specified by this Bylaw, and one or more of the lots being created has an area equal to or greater than twice the applicable average lot area, the applicant must grant a covenant complying with Subsection 2.6(1) of this Bylaw in respect of every such lot, prohibiting further subdivision of the lot and prohibiting construction, erection, or occupancy on the lot of more than one dwelling and, if a cottage is a permitted use of the lot, more than one such cottage.

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(2) If a subdivision is proposed that yields fewer than the maximum number of lots permitted by the applicable minimum and average lot areas specified by this Bylaw, and:

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

the applicant must grant a covenant complying with Subsection 2.6(1) of this Bylaw in respect of every lot referred to in Article 8.3(2)(a) prohibiting:

(c) the subdivision of the lot so as to create a greater total number of lots by subdivision and re-subdivision 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 areas specified by this Bylaw; and (d) the construction, erection, or occupancy on the lot of dwellings and, if permitted by this Bylaw, cottages so as to create 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) If the approval of a bare land strata plan would create common property on which this Bylaw would permit the construction of a dwelling or cottage if the common property were a lot, the applicant must grant a covenant complying with Subsection 2.6(1) of this Bylaw in respect of the common property prohibiting the further subdivision of the common property, the construction of any dwelling or cottage on the common property, and the disposition of the common property separately from the strata lots.

8.4 Boundary Adjustment Subdivisions

(1) The Approving Officer must not approve a boundary adjustment, which would increase the area of any lot to the point where the new lots created could be subdivided into more lots than would be permitted under this Bylaw without the boundary adjustment unless the applicant grants a covenant complying with Subsection 2.6(1) of this Bylaw in respect of every such lot, prohibiting further subdivision of the lot.

8.5 Lot Frontage and Lot Shape

(1) The frontage of any lot in a proposed subdivision must be at least 10 percent of its perimeter, provided that in no case may the frontage be less than 20 metres.

Information Note: The minimum frontage established in Section 512 of the Local Government Act is 10% of the perimeter of the lot. The Local Trust Committee has jurisdiction to exempt a lot or a subdivision from this requirement.

(2) If a panhandle lot is not capable of being further subdivided under the provisions of this Bylaw, the minimum width of the access strip at any point must be 10 metres.

(3) If a panhandle lot is capable of being further subdivided under the provisions of this Bylaw, the minimum width of the access strip at any point must be 20 metres.

(4) No lot shall have an average depth greater than three times its average width, except where otherwise specified in the Zone regulations.

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8.6 Split Zoned Lots

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

(2) If a lot proposed to be subdivided is divided 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.

(3) A boundary adjustment subdivision resulting in a lot lying in two or more zones is prohibited except where the lot being subdivided is located in two or more zones.

8.7 Split or Hooked Lots

(1) No lot that is divided into two or more portions by a highway or other lot may be created by subdivision.

8.8 Double Frontage Lots

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

8.9 Water Access Subdivisions

(1) Highway access must be provided to every lot created by subdivision on North Pender Island.

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

8.10 Public Access to Water Bodies

(1) 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 should require that such a highway be located in an area of high recreational value or so as to provide access to such an area.

8.11 Highway Standards

(1) The purpose of the standards set out in Subsections 8.11(2) through 8.11(10) is to ensure that the construction of roadways in connection with the subdivision of land does not result in the alteration of the land to an extent that is inconsistent with the object of the Islands Trust under the Islands Trust Act, the Islands Trust Policy Statement, or the North Pender Island Official Community Plan.

(2) Proposed roadway centreline and pedestrian path locations must be surveyed and flagged at maximum 15 metre intervals prior to subdivision application to facilitate inspection by the Approving Officer. No trees or other vegetation may be removed from the highway right-of-way prior to application and inspection by the Approving Officer.

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(3) No trees or other vegetation may be removed from the right-of-way without written permission of the Approving Officer, and in no case may trees or other vegetation be removed beyond the extent of earthworks directly required for the construction of the roadway.

(4) No obstructions of any kind, including utility poles and hydrants, may be located within 1.5 metres measured horizontally of the edge of the shoulder of the roadway.

(5) All culverts must be provided with local rock head walls to the height of adjacent shoulders. Head walls may be dry stone or set in mortar provided sufficient stability under water runoff is assured. Culverts must be adequately sized to carry 20 year estimated flows with a minimum diameter of 300 mm at driveways and 400 mm under intersecting roads.

(6) Fragmentation of land in any Agriculture (AG) Zone by roads or other service corridors is prohibited.

(7) No roadway may be located or constructed so as to connect North Pender Island to any other island except South Pender Island.

(8) No roadway may be located so as to divert the flow of a surface watercourse or divert or contaminate in any way a groundwater aquifer, but this subsection does not prohibit the culverting of a surface watercourse for a roadway crossing or the construction of a stormwater retention facility provided that such culverting or construction is in accordance with the “Standards and Best Practices for Instream Works”, the Water Sustainability Act, and the Fisheries Act.

(9) The design of roadways must to the greatest extent possible follow the natural contours of the land so as to minimize the extent of cutting and filling required to construct the roadway.

(10) Native vegetation must be reinstated in all portions of a highway not comprising the roadway, following the completion of construction of a roadway and any associated utilities.

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.

8.12 Standard for Potable Water Supply

Information Note: If more than one dwelling is connected to the same source of water, the water system may be subject to the Drinking Water Protection Act, the Water Utility Act or other regulations pertaining to water supply systems.

Information Note: Water obtained from a stream, or non-domestic groundwater use requires a licence under the Water Sustainability Act.

(1) Where potable water is proposed to be supplied to lots in a subdivision by an established community water system, the applicant for subdivision must provide written confirmation from the community water system that it is able to supply potable water for the permitted principal use and density to each lot.

(2) Where potable water is proposed to be supplied to lots in a subdivision by creating a community water system, the applicant for subdivision must provide proof of all authorizations required under the Drinking Water Protection Act, the Water Utility Act or

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any other enactment pertaining to water supply systems.

(3) Where potable water is proposed to be supplied to lots in a subdivision from a stream, the applicant for subdivision must provide proof of authorization in the form of a water licence confirming that the total volume of water granted to the licence holder is able to supply potable water for domestic uses at the volume specified in Table 1 to each lot.

(4) Where potable water is proposed to be supplied to lots in a subdivision by drilled wells the applicant for subdivision must provide written certification under seal of a hydrogeologist that: a. Each well has been constructed in accordance with the Groundwater Protection Regulation; b. Each well has been constructed in accordance with Subsections 8 . 1 2 ( 6), 8.12(7) and 8.12(8); c. Each well has sufficient available groundwater to provide the daily required volume of potable water for the permitted domestic uses on each lot in accordance with Table 1; d. Each well for which a water licence has not been issued has sufficient available groundwater volume for all permitted non-domestic, non-agricultural, non- park, non-conservation area principal uses for each lot at the permitted density of use; and e. Includes recommendations for mitigation measures, if applicable, to ensure long-term sustainable yield of the drilled well.

TABLE 1 DOMESTIC POTABLE WATER SUPPLY STANDARDS FOR SUBDIVISION VOLUME USE (per day per lot) Per lot (including one dwelling 2000 litres Each additional permitted dwelling and cottage per lot 2000 litres

(5) Where the potable water is proposed to be supplied to lots in a subdivision by drilled wells, for any well where a water licence has not been issued the applicant for subdivision must also provide written certification under seal of a hydrogeologist: a. Results of a water quality analysis, completed by an accredited laboratory; b. A plan of the proposed subdivision indicating the location where each water sample was taken; c. 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; d. Confirmation, based on the accredited laboratory water quality analysis, that each proposed water supply source is potable, or can be made potable, with a treatment system; and e. Confirmation, based on the accredited laboratory water quality analysis of chloride concentrations, that each drilled well is not likely to be affected by the intrusion of saline groundwater or sea water in accordance with the Province of British Columbia guidance documents.

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(6) Where a water license has not been issued and where potable water is proposed to be supplied to lots in a subdivision by a drilled well, a pumping test shall be carried out on each well in a proposed subdivision by: a. pumping groundwater, at a constant rate, for a minimum period of 12 hours; and b. withdrawing the total daily required volume specified in Subsection 8.12(4) over a maximum period of 24 hours; and c. monitoring groundwater levels continuously during the pumping test and during the recovery period.

(7) Where potable water is to be supplied by a drilled well a sounding tube or wellhead port must be installed to enable the insertion of water level monitoring equipment.

(8) Drilled wells used for the purposes of subdivision must not be located within 50 metres of the natural boundary of the sea.

(9) If the daily required volume of potable water cannot be supplied in accordance with Subsection 8.12(1) or if the certification in Articles 8.12(4)(c) and 8.12(4)(d) cannot be made, the Approving Officer may nonetheless approve the subdivision provided that the applicant grants a s.219 covenant to the North Pender Island Local Trust Committee and the Capital Regional District that restricts the development of the subdivision to the uses or density of the uses for which a certification has been made under Subsections 8.12(1) or 8.12(4).

(10) Where the certification under Article 8.12(5)(d) states that a water supply is not potable but can be made potable with a treatment system, the Approving Officer may approve subdivision provided that the applicant grants a s. 219 covenant under the Land Title Act to the North Pender Island Local Trust Committee and the Capital Regional District that requires on-going treatment of the water to potable water standards recommended by a hydrogeologist.

(11) For the purposes of subdivision, drilled wells impacted by seawater intrusion or whose operation is likely to cause seawater intrusion are not permitted sources of potable water.

(12) For the purposes of subdivision, alternative potable water supplies including, but not limited to, shallow dug wells, rainwater catchment and desalination are not permitted sources of potable water.

(13) The requirements of Subsections 8.12(1) and 8.12(2) do not apply where the proposed subdivision is a boundary adjustment that does not result in an increase in the number of lots or permitted dwelling units, provided that all lots in the subdivision are currently serviced by existing wells, community water system connection or water licence.

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8.13 Sewage Disposal Standards

(1) Each lot that is proposed to be created by subdivision must be demonstrated by the applicant to contain an area or areas of sufficient size and appropriate characteristics to satisfy the requirements of the Sewerage System Regulation under the Public Health Act for conventional septic tank or package treatment plan sewage disposal systems in respect of the buildings, structures and uses that are permitted on the lot by this Bylaw, if no other acceptable septic system is available.

(2) The information referred to in Subsection 8.13(1) must be provided to the Building Inspector where an application for a building permit is made and the information has not previously been provided in respect of the subdivision of the lot on which the building is proposed to be constructed, except that the information need only be provided in respect of the building or structure that is the subject of the permit application.

(3) No sewage may be disposed of by means of discharge to a watercourse or the sea or, in the case of a residential zone, on a lot other than that on which it was generated, except where that lot is used only for the purpose of sewage disposal.

8.14 Drainage Standards

(1) Every subdivision must be designed and constructed so as to maximize the proportion of precipitation, which is percolated into the ground and to minimize direct overland runoff.

(2) Every surface drainage system must be designed to provide for the continuity of any existing surface drainage system serving the drainage basin in which the lot to be subdivided is located.

(3) No watercourse or water body may be diverted, altered or used for surface drainage purposes so as to transfer water between watershed basins.

(4) Every surface drainage system must be designed so that the system is capable of conveying the peak rate of runoff from a 10 year storm for the entire drainage basin within which the subdivision or development is located when such basin is fully developed.

(5) Every surface drainage system must be designed and constructed so as to minimize scouring and erosion of ditch banks.

(6) All drainage works, ditches, culverts and appurtenances must be located in statutory rights of way granted to the Crown, or in dedicated highways.

(7) If storm water is discharged from a surface drainage system to the sea or a watercourse on or adjacent to the lot being subdivided or developed, the system must be constructed and designed to retain storm water for the period of time necessary to allow for the settling of silt and other suspended solids.

(8) To the extent that is practicable, surface drainage systems must be designed so as to permit withdrawal of water for fire suppression from storm water retention facilities and drainage ditches, and the use of storm water to recharge fire protection cisterns.

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(9) Every applicant for subdivision must provide the written certification under seal of an Engineer with experience in storm water management that the drainage system for the subdivision has been designed in accordance with Subsections 8.14(1) to 8.14(8).

(10) The certification required in Subsection 8.14(9) must be provided to the Building Inspector if an application for a building permit is made and the certification has not previously been provided in respect of the subdivision of the lot on which the building is proposed to be constructed, and the provisions of Subsections 8.14(1) through 8.14(8) apply with the necessary changes, except that the certification need only be provided in respect of the lot that is the subject of the permit application.

(11) In addition to the matters referred to in Subsection 8.14(10), if the building permit application indicates that more than 185 m² of impervious surfaces excluding roof areas are proposed to be developed on the lot, the Engineer must certify that neither the annual volume of runoff from the lot, nor the pattern of runoff, will be altered as a result of the development.

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PART 9 CAMPGROUND REGULATIONS

9.1 Campground Standards - Zoning

(1) The minimum lot area for a campground is 1.2 hectares.

(2) Camping spaces must not cover more than 22 percent of the lot and no campground may have more than 50 camping spaces.

(3) Camping spaces must have an area of at least 110 m², or 84m² in the case of spaces for tents only, and must be clearly identified by a unique number or other identification.

(4) No area of a campground other than a camping space complying with the requirements of this section may be occupied by a tent or recreational vehicle.

(5) Accessory retail sales uses in a campground may not exceed 18.6 m2 in floor area.

(6) No camping space may be located less than 30 metres from a front lot line, 15 metres from any other lot line, or 3 metres from any driveway.

9.2 Campground Building Standards

(1) Every campground must have access to a highway by way of a single hard-surfaced or gravelled driveway access route at least 6.7 metres in width, on which motor vehicle parking is not allowed.

(2) All camping spaces and service buildings must have direct driveway access to the driveway referred to in Subsection 9.2(1), except that tent spaces may have access by trails not exceeding 2 metres in width and such driveways must be hard-surfaced or gravelled to a width of at least 3 metres in the case of one-way roadways, 4.3 metres in the case of two-way driveways, and 12 metres in the case of a turning circle at the end of a cul-de-sac.

(3) Every campground must have a buffer area at least 30 metres wide adjacent to the front lot line and 15 metres wide adjacent to every other lot line, and driveways in the buffer area must be of the shortest length practicable.

(4) Every campground must have an outdoor recreation area for playground, sports and games uses, comprising at least 5 percent of the area of the campground, and such area must be exclusive of any buffer or parking area, camping space, or other campground facility.

(5) One camping space may, despite any other provision of this Bylaw, be occupied for up to 6 months in any 12 month period by a campground owner or operator, and such space may include office and retail sales facilities.

(6) Every camping space must be clearly identified as a space for a recreational vehicle or tents or as a space for tents only.

(7) Camping spaces for recreational vehicles or tents may be occupied by only one recreational vehicle and up to two tents, and camping spaces for tents only may be occupied by up to two tents.

(8) One motor vehicle parking space must be provided in respect of each camping space, located adjacent to the driveway giving access to the space, except in the case of camping spaces for tents

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only in which case the parking space may be in a common parking area from which access is provided to the camping spaces by trails.

(9) Every camping space must be equipped with a garbage container that is durable, watertight, insect- proof and rodent-proof.

(10) Every campground must be furnished with a constant supply of fresh water in compliance with the Drinking Water Protection Act

(11) Every campground must be equipped with sewage disposal facilities in the form of a connection to a community sewer system or an on-site sewage disposal system, as defined in the Sewerage System Regulation under the Public Health Act, but no individual camping space may be connected to a community sewer system or sewage disposal system.

(12) Every campground must be provided with a service building equipped with flush type toilet and urinal fixtures, washbasins and showers as follows:

Number of Toilets Urinals Washbasins Showers Camping Men Women Men Men Women Men Women Spaces 1 to 15 1 1 1 1 1 1 1 16 to 30 1 2 1 2 2 1 1 31 to 45 2 2 1 3 3 1 1 46 to 50 2 2 2 3 3 2 2

(13) Every service building must be equipped with a conveniently located kitchen - type sink for the disposal of dishwashing water and similar water wastes.

(14) Every service building must be of permanent construction and comply with the following requirements:

(a) all rooms must be adequately lighted and ventilated, and all ventilation openings adequately screened; (b) cv all walls, floors and partitions must be constructed of materials that are easily cleaned and not subject to damage from frequent cleaning or disinfecting; (c) all showers and toilets must be installed in separate compartments and facilities designated for males and females separated by tight partitions; and (d) all such buildings must be located at least 4.5 metres from any camping space, but not more than 150 metres from any camping space except such camping spaces as may be designated and used exclusively by recreational vehicles equipped with a toilet and facilities for washing.

(15) Campgrounds providing camping spaces for recreational vehicles must be furnished with a sewage disposal station adjacent to a driveway in compliance with the Sewerage System Regulation.

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SCHEDULE B (ZONING MAP) BL 229

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SCHEDULE C (BYLAW AREA MAP)

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SCHEDULE D (Detailed Plans – R(b) Siting Plan)

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SCHEDULE E (Detailed Plans – W3(a) Seawall Plan)

Siting of a Seawall is permitted only within the identified “Construction Area” lying seaward of the present natural boundary of the sea, and projecting no further than 2.28 m from said boundary

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SCHEDULE F (Comprehensive Development Zones – Plan CD1(a)

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