South Pender Island Land Use Bylaw No. 114

Page 1

SOUTH PENDER ISLAND LOCAL TRUST COMMITTEE LAND USE BYLAW No. 114, 2016 AS AMENDED BY SOUTH PENDER ISLAND LOCAL TRUST COMMITTEE BYLAW(S) NO. 117, 120, 121, 122, and 129 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, Suite 200 – 1627 Fort Street, Victoria BC V8R 1H8 Consolidated: March 2026

Page 2

TABLE OF TEXT AMENDMENTS Bylaw No. Date of Adoption Date of Bylaw Consolidation 117 January 31, 2020 February 11, 2020 120 November 5, 2021 December 21, 2021 121 May 7, 2021 June 4, 2021 122 September 15, 2022 October 4, 2022 129 March 16, 2026 March 24, 2026

Page 3

SOUTH PENDER ISLAND LOCAL TRUST COMMITEE LAND USE BYLAW No. 114, 2016 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 South Pender Island Local Trust Area. The South Pender Island Local Trust Committee, being the Local Trust Committee having jurisdiction in respect of the South Pender Island Local Trust Area under the Islands Trust Act, enacts as follows: 1. This Bylaw may be cited for all purposes as the “South Pender Island Land Use Bylaw No. 114, 2016” 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 South 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) 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 Bylaw No. 92 cited as “South Pender Island Land Use Bylaw No. 92, 2003” and all of its amendments are repealed. READ A FIRST TIME this 16 th day of January , 2017. READ A SECOND TIME this 11 th day of April , 2017. PUBLIC HEARING HELD this 6 th day of May , 2017. READ A THIRD TIME this 30 th day of May , 2017. APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST this 19 th day of July , 2017. ADOPTED this 3 rd day of October , 2017. SECRETARY CHAIRPERSON

Page 4

South Pender Island Land Use Bylaw No. 114, 2016 Page 1 SCHEDULE A TABLE OF CONTENTS 1.1 Definitions _____________________________________________________________________4 1.2 Referencing ___________________________________________________________________10 1.3 Units of Measure _______________________________________________________________10 1.4 Information Notes ______________________________________________________________10 PART 2 ADMINISTRATION ________________________________________________________________11 2.1 Application ___________________________________________________________________11 2.2 Conformity ___________________________________________________________________11 2.3 Inspection ____________________________________________________________________11 2.4 Violation _____________________________________________________________________11 2.5 Penalty ______________________________________________________________________12 2.6 Covenants ____________________________________________________________________12 2.7 Owner’s Cost __________________________________________________________________12 2.8 Enforcement of Siting Regulations __________________________________________________12 PART 3 GENERAL REGULATIONS ____________________________________________________________13 3.1 Permitted in All Zones ___________________________________________________________13 3.2 Prohibited in All Zones ___________________________________________________________13 3.3 Siting and Setback Regulations _____________________________________________________14 3.4 Height Regulations ______________________________________________________________15 3.5 Accessory Buildings and Structures __________________________________________________15 3.6 Home Businesses _______________________________________________________________16 3.7 Agricultural Buildings and Structures ________________________________________________17 3.8 Fences _______________________________________________________________________17 3.9 Landscape Screening ____________________________________________________________18 3.10 Use of Recreational Vehicles as a Dwelling ____________________________________________18

Page 5

South Pender Island Land Use Bylaw No. 114, 2016 Page 2 3.11 Derelict Vehicles _______________________________________________________________18 3.12 Lots Divided by a Zone Boundary ___________________________________________________19 3.13 Use of Common Property _________________________________________________________19 3.14 Groundwater Protection _________________________________________________________19 PART 4 ESTABLISHMENT OF ZONES __________________________________________________________20 4.1 Division into Zones _____________________________________________________________20 4.2 Zone Boundaries _______________________________________________________________21 4.3 Zoning Tables _________________________________________________________________21 PART 5 ZONE REGULATIONS _______________________________________________________________22 5.1 Rural Residential Zones __________________________________________________________22 5.2 Commercial Resort (C) ___________________________________________________________25 5.3 Community Service (S1) __________________________________________________________27 5.4 Government Service (S2) _________________________________________________________28 5.5 Agriculture (A) _________________________________________________________________29 5.6 Forestry (F) ___________________________________________________________________32 5.7 Natural Resource (NR) ___________________________________________________________34 5.8 Community Park Zones __________________________________________________________36 5.9 National Park (NP) ______________________________________________________________37 5.10 Conservation (RC) ______________________________________________________________38 5.11 Marine General (W1) ____________________________________________________________39 5.12 Marine Protection (W2) __________________________________________________________40 5.13 Marina (W3) __________________________________________________________________40 5.14 Marine Transportation Service (W4) _________________________________________________41 5.15 National Park Marine (W5) ________________________________________________________41 PART 6 SIGN REGULATIONS _______________________________________________________________42 6.1 Permitted Signs ________________________________________________________________42

Page 6

South Pender Island Land Use Bylaw No. 114, 2016 Page 3 6.2 Prohibited Signs ________________________________________________________________42 6.3 Exempt Signs __________________________________________________________________42 6.4 Siting and Height _______________________________________________________________42 6.5 Obsolete Signs _________________________________________________________________42 6.6 Sign Number and Area ___________________________________________________________43 PART 7 PARKING REGULATIONS ____________________________________________________________44 7.1 Location _____________________________________________________________________44 7.2 Design Standards _______________________________________________________________44 7.3 Calculation ___________________________________________________________________44 7.4 Number of Off-Street Parking Spaces ________________________________________________45 PART 8 SUBDIVISION REGULATIONS _________________________________________________________46 8.1 Lot Area Calculations ____________________________________________________________46 8.2 Exemptions from Average and Minimum Lot Area Requirements ____________________________46 8.3 Covenants Prohibiting Further Subdivision and Development ______________________________46 8.4 Boundary Adjustment Subdivisions __________________________________________________47 8.5 Section 514 subdivisions (Residence for a Relative) ______________________________________47 8.6 Lot Frontage and Lot Configuration __________________________________________________47 8.7 Split Zoned Lots ________________________________________________________________48 8.8 Split or Hooked Lots _____________________________________________________________48 8.9 Double Frontage Lots ____________________________________________________________48 8.10 Water Access Subdivisions ________________________________________________________48 8.11 Highway Standards _____________________________________________________________48 8.12 Water Supply __________________________________________________________________49 SCHEDULE B (ZONING MAP) ________________________________________________________________51 SCHEDULE C (BYLAW AREA MAP) ____________________________________________________________52

Page 7

South Pender Island Land Use Bylaw No. 114, 2016 Page 4 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 use” means a use that is incidental, secondary and exclusively devoted to a principal use expressly permitted by this Bylaw on the same lot. “accessory building or structure” means a building or structure that is incidental, secondary and exclusively devoted to a principal building or structure expressly permitted by this Bylaw on the same lot. "agriculture" means the use of land for the growing, rearing, harvesting, or production of plants, crops, livestock and other farm animals. ““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 farm use for the purpose of accommodating commercial guests within specific structures on specific portions of a lot as referred to in Section 33 of the Agricultural Land Reserve Use Regulation . "Approving Officer" means the Approving Officer for South Pender Island appointed pursuant to the Land Title Act. “bed and breakfast” means a home business comprising the provision of sleeping accommodation and includes provision of only a morning meal to paying guests. "building" means a roofed structure, wholly or partially enclosed by walls, used or intended to be used for supporting or sheltering any use or occupancy. “buoy” means a device that is secured to the bed of the sea to mark a location or provide a moorage point. “church” means a building or structure used for religious worship, which does not provide for overnight accommodation or residential use. "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 the residential or agricultural use of an upland lot, typically consisting of a pier, ramp, and float, constructed on or over the water and connected to the shore, that is used as a landing or moorage place for private marine transport or for private recreational purposes. "dwelling" means a building, including a mobile home used as a residence for a single household and containing sleeping and living areas plus a single set of facilities for food preparation and eating. “ecological reserve” means an area of land or water established as an ecological reserve under the Ecological Reserve Act . BL 122 BL 122 BL 122 BL 129 BL 122

Page 8

South Pender Island Land Use Bylaw No. 114, 2016 Page 5 “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. “Farm Status” means land classified as a farm pursuant to the (BC) Assessment Act.” “farm use” means an occupation or use of land for farm purposes, including farming of land, plants and animals and any other activity designated as farm use by the Agricultural Land Commission Act or its regulation and includes a farm operation as defined in the Farm Practices Protection (Right to Farm) Act. “farmer’s market” means an occasional or periodic temporary market held in the open air or in a building where individual sellers offer for sale to the public items such as fresh or seasonal produce, agricultural products, arts and craft items, or food or beverages. "fence" means a structure used as a barrier to separate, prevent escape or intrusion or mark a boundary and includes gate, screen and freestanding wall. “fitness facility” means an indoor facility equipped and used for physical activities related to fitness, health and well-being. “float” means a floating non-roofed structure that is used as a landing or wharfage place for watercraft and which is free to rise and fall with sea level change and, for all tidal conditions, does not rest on the sea floor. “floor area" means the sum of the horizontal areas of all storeys in a building, measured to the inner surface of the exterior walls, exclusive of any floor area occupied by a cistern used for the storage of water for domestic use or fire protection, and exclusive of all areas of a storey having a floor and a ceiling less than 1.8 metres apart, and exclusive of a storey that is not fully enclosed by a floor, ceiling, and four walls or glass. "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. "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 distance between the natural grade and the highest point of a building or structure measured at the midpoints of all the exterior walls. BL 122 BL 122 BL 122 BL 129

Page 9

South Pender Island Land Use Bylaw No. 114, 2016 Page 6 "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 a commercial use that is accessory to a permitted residential use on the same lot . "hotel, resort" means a building, or a set of buildings, used exclusively for hotel accommodation and other uses set out in paragraphs (b) and (c) of this definition, which contains areas accessible to the public and to transient occupants for lobby check-in and registration, restaurant, licensed neighbourhood pub, café food services, lounge, beer parlour, public assembly and retail sales uses, including liquor sales, and which hotel: (a) may comprise hotel cottages, hotel rooms, hotel villas or a combination thereof; (b) may include or contain areas that are accessible to the public and to transient occupants for indoor or outdoor recreation use ; (c) may include or contain other uses set out in Section 11.1; (d) shall not include a video arcade, video lottery terminal, slot machine or any machines or devices used for games of chance

hotel accommodation means the successive occupancy by different persons, whether by licence, rental, or otherwise, of a hotel villa, hotel room or hotel cottage where the same person does not occupy a sleeping unit for more than 87 days in a calendar year, except that (a) such occupancy in the case of any particular person is limited to not more than: (i) 29 days in the period commencing June 1 and ending the following September 30, and (ii) two 29 day terms in the period commencing October 1 and ending the following May 31, and (b) that person does not occupy a sleeping unit for 30 days prior to or after any occupancy on: (i) the first or last of the 29 days during the period referred to in clause (a)(i); or (ii) the first or last of either of the 29 day periods referred to in clause (a)(ii). “hotel cottage" means a building that forms part of a resort hotel use, which building: (a) contains one, two or three sleeping units; BL 120

Page 10

South Pender Island Land Use Bylaw No. 114, 2016 Page 7 (b) may contain cooking facilities

and (c) is used only for temporary accommodation. “hotel room” means a set of one or two sleeping units that: (a) is not a hotel cottage and is not located in a hotel cottage; (b) is not a hotel villa and is not located in a building containing hotel villas; (c) is located with other hotel rooms in a building housing all or part of a hotel use; (d) has access or egress to a common hotel interior corridor, hall or lobby; (e) may not contain cooking facilities

and (f) is used only for temporary accommodation. "hotel villa" means a set of one, two or three sleeping units that: (a) is not a hotel cottage and is not located in a hotel cottage; (b) is not a hotel room and is not located in a building containing hotel rooms; (c) is located with other hotel villas in a building housing all or part of a hotel use; (d) may have access or egress to an interior corridor, hall or lobby, and (e) may have a second means of access or egress to a common exterior veranda or patio; (f) may contain cooking facilities

and (g) is used only for temporary accommodation. “landscape screen" means a visual barrier consisting of natural vegetation, trees, shrubs, fencing or a combination of those elements, which may be broken solely by necessary access ways for pedestrians and vehicles and screening land uses from abutting land and highways. “Local Trust Committee (LTC)” means the South 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, for this purpose the area of a lot that is covered by a roofed building or structure is measured to the drip line of the roof and for the purpose of lot coverage regulations in Part 5 the common property in a bare land strata plan is a “lot” if it is used for accessory buildings or structures. "lot line" means the boundary of a lot as shown on a plan of survey registered in the land title office, and "front lot line" means the lot line that is common to the lot and an abutting highway or an access route in a bare land strata plan, and where there are two or more such lot lines, not including corner cuts, the shortest is deemed the front lot line

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

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.

Page 11

South Pender Island Land Use Bylaw No. 114, 2016 Page 8 "marina" means the use of a water area for the temporary storage of boats and includes the use of floats, wharves, piers, ramps and walkways and the provision of wharfage services to the general boating public, but specifically excludes the rental or sale of personal water craft, the use of boats and vessels as live- aboards, and roofed structures used or intended for use in sheltering or storing boats or vessels. “mobile home” means a dwelling suitable for year-round occupancy, designed, constructed or manufactured to CAN/CSA Z240 standards, to be moved from one place to another by being towed or carried "mooring" means the securing of a boat to a buoy or similar object that is in turn secured to the bed of the sea. "natural boundary" means the visible high water mark of the sea, a lake, a stream or other body of water, where the presence and action of water are so common and usual, and so long continued in all ordinary years, as to mark upon the soil or rock of the bed of the body of water a character distinct from that of its banks, 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. “park” means any land dedicated as park under the Park Act, the Land Title Act or the Local Government Act , which is open to the general public and reserved for outdoor recreational, scenic, or nature conservation purposes. "personal service use" means a commercial use of a building in which services are provided to the body or the clothing of a person. "personal watercraft" means a vessel less than 5 metres (16 feet) in length that is propelled by machinery, commonly a jet pump, and designed to be operated by a person standing, kneeling or sitting on the vessel rather than standing or sitting inside the vessel. “principal use” means the main or primary use conducted on a lot.

Page 12

South Pender Island Land Use Bylaw No. 114, 2016 Page 9 “principal building” or “principal structure” means the main or primary building or structure constructed on a lot. "pump/utility house" means an accessory building or structure with a maximum floor area of 2.9 square metres (32 square feet) containing only equipment for pumping and processing of water or sewage, electrical equipment, or communication service equipment. "recreational vehicle" means a tent trailer, travel trailer, motor home or other self-propelled vehicle containing sleeping, cooking and sanitary facilities, and includes a park model recreational vehicle. “residence” means a home, abode or place where an individual is living at a specific point in time. "restaurant" means the use of a building for the preparation and serving of alcoholic beverages and meals. “retail sales” means the selling of goods or merchandise other than liquor to the general public for personal or household consumption “school” means a public or private educational institution not including residential accommodation or dormitories. "setback" means the minimum horizontal distance by which this bylaw requires a building or structure to be separated from a specified lot line, building or other feature. "sign" means any device or medium, including its supporting structure that is visible from any highway or lot other than the one on which it is located and used to attract attention for advertising, information or identification purposes. “short term vacation rental” means the commercial use of a dwelling or a cottage to provide accommodation for periods of less than 30 consecutive days to persons who normally maintain a residence elsewhere. “sleeping unit” means a room intended for sleeping, which contains not more than two beds and does not contain any facilities for cooking. "structure" means a construction or portion thereof of any kind that is fixed to, supported by or sunk into land or water, but excludes septic fields, septic tanks, and related appurtenances below ground, wells, landscaping, concrete and asphalt paving, and similar surfacing of the land, and retaining structures less than 1.2 metres (4 feet) in height at all points. "third party sign" means a sign conveying information that does not pertain to the lot on which it is located. "usable site area" means the total area of a lot excluding: (a) land below the natural boundary of the sea; (b) land where the natural slope exceeds 30 percent; and (c) land within 7.6 metres (25 ft.) of the natural boundary of the sea or 15.2 metres (50 ft.) of the natural boundary of a watercourse. “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.

Page 13

South Pender Island Land Use Bylaw No. 114, 2016 Page 10 "utilities" mean broadcast transmission, electrical, telecommunications, sewer or water services and facilities and navigation aids and does not include private telecommunication facilities. "watercourse” means a naturally formed area of land that usually or periodically contains surface water, including a lake, river, creek, spring, ravine, wetland, salt water marsh, and bog, but does not include a constructed ditch, or surface drain, or the sea. “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. 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) Article: (a) Clause (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.

Page 14

South Pender Island Land Use Bylaw No. 114, 2016 Page 11 PART 2 ADMINISTRATION 2.1 Application (1) This Bylaw shall apply to that part of the South 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, building s or structure s or the subdivision of land. (4) The use of land, building s or structure s that is lawful at the time of adoption of this Bylaw, although not conforming to the provisions of this Bylaw, may be continued subject to Section 528 of the Local Government Act . (5) Any existing lot that has less area than the minimum lot area specified in the applicable zone for the creation of lot s by subdivision may be used for any use permitted in that zone unless otherwise specified in this Bylaw. (6) No land 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 and after having given prior notification to the occupier, 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. Each day during which an offence against this Bylaw is continued is deemed to constitute a new and separate offence.

Page 15

South Pender Island Land Use Bylaw No. 114, 2016 Page 12 2.5 Penalty (1) Any person who commits an offence against this Bylaw is liable, upon summary conviction, to a fine and penalty, pursuant to the Offence Act and the costs of prosecution. 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 building s, structure s and sewage absorption fields in relation to lot and zone boundaries, watercourse s, wells and the sea, and in relation to other building s 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 building s, structure s and sewage absorption fields comply with the siting requirements of this or any other Bylaw.

Page 16

South Pender Island Land Use Bylaw No. 114, 2016 Page 13 PART 3 GENERAL REGULATIONS 3.1 Permitted in All Zones The following uses , building s and structure s are permitted in any zone , except where specifically prohibited: (1) Underground infrastructure for the provision of utility services and above-ground hydro and telecommunications cabling. (2) Hiking, equestrian and bicycle trails. (3) Ecological reserve s and other habitat reserves. (4) Marine navigation aids. (5) Park s and public open space. (6) Fences in any land zone , subject to regulations under Section 3.8. (7) Sign s, subject to regulations under Part 6. (8) Pump/utility houses . 3.2 Prohibited in All Zones Only the uses, building s and structure s expressly permitted in Part 5 of this Bylaw are permitted in the relevant zones . Without limiting the generality of the foregoing, the following uses , building s and structure s are prohibited in all zones : (1) Airport and airstrip facilities and related accessory building s and structure s. (2) Heliports and helipads, other than for emergency evacuation use . (3) The use of the water area adjoining a residential zone , park , ecological and other habitat reserve for a sea plane facility, excepting those sea plane facilities associated with permitted uses in the Commercial Resort (C), Marina (W3), and Marine Transportation Service (W4) Zones. (4) Marina s, the use of which is restricted to members of a private club. (5) 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 Public Health Act or the Environmental Management Act. (6) Junkyards, auto wrecking yards, and storage of derelict vehicles, subject to Section 3.11. (7) Landfills and areas of land used for disposal or storage of hazardous or toxic waste.

Page 17

South Pender Island Land Use Bylaw No. 114, 2016 Page 14 (8) The use of land for motorized trail bike, motor cycle, or all- terrain vehicle paths or trails. (9) The rental, sale or commercial storage of personal watercraft . (10) The use of an anchored, moored or docked vessel as a residence . (11) The use of a buoy , float , dock , wharf , ramp or related structure for any commercial or industrial use , excepting commercial use of such facilities within the Marina (W3) and Marine Transportation Service (W4) Zones. (12) Building s and structure s for uses prohibited in this Part. (13) Dwelling s and cottage s located on land comprising common property in a strata plan. (14) Boathouses, on the surface of the sea or within a building setback area on land adjacent to the sea. (15) Floatplane hangars. (16) Retail sale or wholesaling of groundwater extracted on South Pender Island. 3.3 Siting and Setback Regulations (1) All siting measurements must be made on a horizontal plane from the natural boundary , lot line or other feature specified in this Bylaw to the nearest portion of the building or other structure in question. (2) Building s or other structure s , except a fence or pump/utility house , shall not be sited within 15 metres (50 feet) of the natural boundary of any watercourse , lake or other body of fresh water or within 30 metres (98 feet) of any watercourse , lake or other body of freshwater used as a source of domestic water supply and, for this purpose only, paved areas of asphalt, concrete or similar material are " structure s". (3) Building s or other structure s, except a fence, stairway, wharf and dock ramps or their footings, shall not be sited within 15 metres (50 feet) of the natural boundary of the sea and, for this purpose only, paved areas of asphalt, concrete or similar material are " structure s”. (4) Despite Subsection 3.3(3), buildings or structures, except a fence, stairway, wharf and dock ramps or their footings , legally constructed prior to September 15, 2022 shall not be sited within 7.6 metres (25 feet) of the natural boundary of the sea and, for this purpose only, paved areas of asphalt, concrete or similar material are " structures ”. (5) Despite Subsection 3.3(3), on a lot that contains a legal dwelling, cottage, or accessory building constructed prior to September 15, 2022, a replacement dwelling, cottage, or accessory building may be constructed, or the existing dwelling, cottage, or accessory building re-constructed or altered, provided the distance from the natural boundary of the sea to the replacement, re-constructed or altered dwelling, cottage, or accessory building is not less than the distance from the natural boundary of the sea to the dwelling, cottage, or accessory building on the lot on September 15, 2022 and for this purpose the Local Trust BL 122 BL 122 BL 122 BL 129

Page 18

South Pender Island Land Use Bylaw No. 114, 2016 Page 15 Committee may require an owner to submit substantive evidence to establish the siting of the dwelling, cottage, or accessory building at the time of the adoption of this bylaw. (6) An underground sewage disposal system, including all septic tanks, absorption fields and related appurtenances shall not be sited within 30 metres (98 feet) of a watercourse , well or source of domestic water supply. (7) Steps, eaves, gutters, cornices, sills, chimneys, retaining walls, balconies, decks, sunshades and similar features may project up to 1.0 metres (3 feet) into a required setback area. 3.4 Height Regulations Except as may be otherwise provided for in any zone , the following regulations apply: (1) A dwelling or cottage shall not exceed 9.2 metres (30 feet) in height. (2) A building or structure accessory to a dwelling shall not exceed 7.6 metres (25 feet) in height. (3) An accessory building or structure used for agricultural purposes may exceed 7.6 metres (25 feet) in height where the provisions of subsection 3.7(1) apply. (4) The height regulations for building s and structure s specified elsewhere in this Bylaw do not apply to radio, telecommunications and television antennas, chimneys, flag poles, lightning poles, fire and hose towers, utility poles, solar collectors, farm silos and grain bins or water storage tanks. 3.5 Accessory Buildings and Structures (1) A building accessory to a dwelling , other than a cottage , shall not be used for human habitation, except as provided for in Subsections 3.5(2) or as permitted by the zoning regulations in Part 5 of this Bylaw. (2) An accessory building may be constructed or placed on a lot and occupied as a temporary dwelling prior to the construction of a dwelling on the same lot , subject to: (a) a building permit being issued, and remaining in effect, for the dwelling ; (b) the connection of the accessory building to sewage disposal facilities complying with the Public Health Act ; (c) the provision of a domestic water supply to the building ; (d) compliance with the use , density and siting requirements of this Bylaw for dwelling s and cottage s; and (e) the occupancy of the accessory building ceasing prior to or concurrently with occupancy of a dwelling on the lot . (3) One outbuilding 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 70m 2 (753 ft 2 ), or in the case of an open-sided structure , the lot coverage of the outbuilding not exceeding 70m 2 (753 ft 2 ). (b) a maximum of one outbuilding per lot. BL 122 BL 129

Page 19

South Pender Island Land Use Bylaw No. 114, 2016 Page 16 (c) the height not exceeding 4.6 metres (15 feet). (4) Unless a building , excluding an attached deck and patio, is attached to a principal building by a structure having walls, roof, and a floor, it is for the purposes of this Bylaw deemed not to be part of the principal building , but is deemed to be an accessory building or structure . (5) The floor area occupied by any cistern used for the storage of water for domestic, irrigation, or fire protection purposes may be excluded from the calculation of the floor area of any accessory building or structure . (6) Shipping containers are a permitted accessory use on a lot subject to the following: (a) On a lot less than 0.8 ha (2 acre) in area, a maximum of one (1) shipping container is permitted. (b) On a lot 0.8 (2 acres) or greater in area, but less than 1.6 ha (4 acres) in area, a maximum of two (2) shipping containers are permitted. (c) On a lot 1.6 ha (4 acres) or greater in area), a maximum of three (3) shipping containers are permitted. (7) Shipping containers must be screened from neighbouring lots , roads, or the sea by use of landscaping screening in compliance with Section 3.9. 3.6 Home Businesses (1) Home businesses permitted by Part 5 include any home craft, repairing of goods, professional practice, services to a client, creation of a product, bed and breakfast s, the retail or wholesale sale of goods or products provided that at least 70% of the goods or products for sale are produced, processed or repaired as part of the home business , and the retail sale of articles directly related to the provision of a personal service provided as a home business . (2) Without limiting the generality of subsection 3.6(1), the following activities are specifically not permitted as a home business : (a) The serving of food or drink products on the premises as part of a home business , except for the serving of a morning meal as part of bed and breakfast home business ; (b) Commercial water bottling or sales; (c) Boarding kennels, except where permitted as a Farm use . (3) Home businesses must be conducted entirely within an occupied dwelling or a permitted accessory building on a lot with an occupied dwelling , except that outdoor areas may be used for storage of articles used in the home business if the storage area is enclosed by a fence or by a landscape screen at least 2.0 metres (6.6 feet) in height conforming with the provisions of Section 3.9. (4) The combined floor area used in all home businesses on a lot , except a bed and breakfast , must not exceed 65 m 2 (700 ft 2 ). BL 120 BL 122 BL 129

Page 20

South Pender Island Land Use Bylaw No. 114, 2016 Page 17 (5) The business owner or operator or at least one of the employees of a home business must be resident on the lot on which the home business is conducted at the time the home business is operated. (6) Not more than two persons per property may be employed in any home business in addition to any residents of the lot on which such business is conducted. (7) Off-street parking spaces for home business uses are to be provided in accordance with the regulations contained in Part 7. (8) The following additional regulations apply to bed and breakfast home businesses : (a) bed and breakfast home businesses are permitted only in the Rural Residential One, Rural Residential Two, Rural Residential Three, Agricultural, Natural Resource and Forest Zones; (b) part or all of a bed and breakfast home business may be undertaken within a permitted cottage ; (c) the total number of bedrooms used to accommodate overnight guests may not exceed three; (d) despite Subsection 3.6(6) not more than one non-resident person may be engaged or employed in a bed and breakfast home business ; (e) meals may only be provided to bed and breakfast guests in the morning; (f) off-street parking spaces for a bed and breakfast home business use shall be provided in accordance with the requirements contained in Part 7; and (g) a bed and breakfast home business may not be undertaken within an accessory building. 3.7 Agricultural Buildings and Structures (1) An accessory building or structure used for agricultural purposes may exceed 7.6 metres (25 feet) in height where the following apply: (a) the building or structure used for agricultural purposes is located in the Agricultural Land Reserve; (b) the building or structure used for agricultural purposes is sited a minimum of 7.6 metres (25 feet) from all lot line s; and (c) the height of the building or structure does not exceed 12.2 metres (40 feet). 3.8 Fences (1) The height of fences shall not exceed 2.0 metres (6.6 feet) in any zone . (2) Landscape screens and protective netting or wire used to control animal nuisances are exempt from Subsection 3.8(1).

Page 21

South Pender Island Land Use Bylaw No. 114, 2016 Page 18 3.9 Landscape Screening (1) Where vegetative landscape screening is required by this Bylaw, it shall be provided in the form of: (a) Existing vegetation of the required height that provides a complete t visual screen between the uses being separated in all seasons of the year; or, (b) A row of drought-tolerant evergreen plants that will attain the required height, planted and maintained continuously so as to provide a complete visual screen in all seasons of the year between the uses being separated; and such screening shall be continuous, except for points of vehicular or pedestrian entrance and exit. (2) Where a non-vegetative screen is required by this bylaw, it shall be provided in the form of either a solid or latticed wooden fence, or a brick or stone wall which is continuous, except for points of vehicular or pedestrian entrance and exit. 3.10 Use of Recreational Vehicles as a Dwelling (1) Nothing in this Section prohibits the storage of recreational vehicles that are not being used as dwellings. (2) Where a recreational vehicle is used for temporary camping, occupancy of a recreational vehicle must not exceed 90 days in a calendar year. (3) The use of a recreational vehicle as a temporary dwelling prior to the construction of a dwelling on the same lot is permitted in any zone where a dwelling is a permitted use , subject to: (a) the connection of the recreational vehicle to sewage disposal facilities complying with the Public Health Act ; (b) the provision of a domestic water supply to the vehicle; (c) compliance with the use , density and siting requirements of this Bylaw for dwelling s and cottage s, as if the vehicle were a cottage ; (d) the occupancy of the recreational vehicle ceasing prior to or concurrently with the occupancy of a dwelling on the property; (e) where a building permit has been issued for a dwelling, the building permit remain in effect and occupancy of a recreational vehicle not exceed two years. 3.11 Derelict Vehicles (1) A lot shall not be used for the storage of more than one unlicensed motor vehicle, other than farm and forestry vehicles, that is not completely enclosed in a permanent building or structure and for this purpose a motor vehicle is unlicensed if it does not display: (a) Current and valid motor vehicle license plates, or (b) An interim vehicle licence issued pursuant to the Motor Vehicle Act Regulations. BL 121 BL 129 BL 129

Page 22

South Pender Island Land Use Bylaw No. 114, 2016 Page 19 (2) No land shall be used for the storage of unusable, disassembled, detached, stripped, non- functional or abandoned vehicles or vessels, including but not limited to automobiles, all- terrain vehicles, golf carts, tractors, campers, trailers, or parts of such vehicles, which are not completely enclosed in a permanent building . 3.12 Lots Divided by a Zone Boundary (1) If a lot is divided by one or more zone boundaries, the residential density permitted must be calculated by reference to the areas of the portions of the lot lying within each zone , and the dwelling s and cottage s 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) If a lot is divided by one or more zone boundaries , lot coverage and maximum floor area must be calculated by reference to the areas of the portions of the lot lying within each zone . (3) Despite Subsection 3.12(1), if one of the portions of the lot is in the Agricultural (A) Zone, the dwelling or cottage permitted in respect of that portion of the lot may be sited on another portion of the lot . 3.13 Use of Common Property (1) Land comprising the common property in a strata plan is not a lot for the purposes of the density regulations in this Bylaw but may be used for permitted uses , building s or structure s accessory to principal uses located on strata lots in the same strata plan. 3.14 Groundwater Protection (1) A building permit shall not be issued for a new building to be used as a dwelling, excluding a cottage, on a lot in the RR(1), RR(2) or RR(3) zones unless a building on the lo t is equipped with a freshwater catchment system and cistern(s) for the storage of freshwater with a minimum storage capacity of 18,000 litres (3960 gallons). BL 122

Page 23

South Pender Island Land Use Bylaw No. 114, 2016 Page 20 PART 4 ESTABLISHMENT OF ZONES 4.1 Division into Zones (1) The South 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: Zone Name Zone Abbreviation Rural Residential One RR1 Rural Residential Two RR2 Rural Residential Three RR3 Commercial Resort C Community Service S1 Government Service S2 Agriculture A Forestry F Natural Resource NR Passive Recreation Community Park P1 Heritage Community Park P2 Natural Area Community Park P3 National Park NP Conservation RC Marine General W1 Marine Protection W2 Marina W3 Marina Transportation Service W4 National Park Marine W5

Page 24

South Pender Island Land Use Bylaw No. 114, 2016 Page 21 4.2 Zone Boundaries (1) Where zone boundaries on Schedule "B" coincide with lot boundaries, the lot boundary is the zone boundary. (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 zones shown on Schedule "B" share a boundary, the boundary shall be the surveyed boundary as shown on a plan registered in the land title office, and where there is no such plan the natural boundary of the sea is the boundary. (4) Where a zone boundary shown on Schedule "B" does not follow a legally defined line, no dimensions are shown by which the boundary could otherwise be located, and subsection (3) does not apply, 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 on Schedule “B”. 4.3 Zoning Tables (1) The table titles and column headings are part of the bylaw. (2) A check mark in a column headed by the zoning code indicates that the uses listed to the left, and no others, are permitted in that zone . (3) The absence of a check mark in a column headed by the zoning code indicates that the use listed to the left is not permitted in that zone . (4) A check mark in a column headed by the zoning code indicates that the density, siting or size, or other conditions apply within that zone. (5) Regulations listed under the heading “Subdivision Lot Size Requirements” apply to subdivision of land under the Land Title Act or the Strata Property Act .

Page 25

South Pender Island Land Use Bylaw No. 114, 2016 Page 22 PART 5 ZONE REGULATIONS 5.1 Rural Residential Zones Permitted Uses RR1 RR2 RR3 (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) Rescinded ;    (e) Accessory uses , buildings and structures , including, but not limited to, home businesses and roadside stands for the sale of produce grown on the same lot .    Density RR1 RR2 RR3 (2) On a parcel less than 0.8 hectares (2 acres) in area, one (1) dwelling is permitted and no cottage is permitted.    (3) On a parcel 0.8 hectares (2 acres) or greater in area, but less than 4.0 ha (10 acres) in area, one (1) dwelling and one (1) cottage are permitted.    (4) On a parcel 4 hectares (10 acres) or greater in area, two (2) dwelling s and two (2) cottage s are permitted.    Siting and Size RR1 RR2 RR3 (5) Maximum Floor Area: (a) The total floor area of all buildings per lot may not exceed the area in Column A; (b) For a lot that has no dwelling or contains a dwelling with a floor area less than Column B, then the maximum floor area of a new, replacement, or altered dwelling may not exceed the floor area in Column B; (c) For a lot that contains a legal dwelling constructed prior to September 15, 2022 that exceeded the floor area in Column B, the floor area of a re-constructed or replacement dwelling may not exceed the lesser of: i. the floor area of the dwelling on September 15, 2022, or ii. the area in Column C.    BL 117 BL 129

Page 26

South Pender Island Land Use Bylaw No. 114, 2016 Page 23 (d) Where 5.1(5)(c)(i) is applicable, the Local Trust Committee may require an owner to submit substantive evidence to establish the size and siting of the dwelling at the time of the adoption of the bylaw. Column A Column B Column C Lot Area The total floor area of all buildings may not exceed: The floor area of a dwelling may not exceed: The floor area of a dwelling may not exceed: Less than 0.4 ha (1 Acre) 465 m² (5000ft²) 279 m² (3000 ft²) 353 m² (3800 ft²) 0.4 ha to < 0.8 ha (1 to 2 Acres) 557 m² (6000ft²) 325 m² (3500 ft²) 418 m² (4500 ft²) 0.8 ha to < 1.6 ha (2 to 4 Acres) 743 m² (8000ft²) 372 m² (4000 ft²) 520 m² (5600 ft²) 1.6 ha to < 4.0 ha (4 to 10 Acres) 836 m² (9000ft²) 395 m² (4250 ft²) 543 m² (5845 ft²) 4.0 ha (10 Acres) or greater 1394 m² (15000 ft²) 418 m² (4500 ft²) 560 m² (6030 ft²) (6) The maximum floor area of a cottage must not exceed 70 m² (753 ft²).    (7) The minimum setback for any building or structure , except a fence or pump/utility house , shall be: (a) 7.6 metres (25 ft.) from any front or rear lot line ;    (b) 3.0 metres (10 ft.) from any interior side lot line ;    (c) 4.5 metres (15 ft.) from any exterior side lot line .    (8) The floor area of any accessory building may not exceed 140 m 2 (1507 ft 2 ).    Conditions of Use RR1 RR2 RR3 (9) Rescinded.    Subdivision Lot Size Requirements RR1 RR2 RR3 (10) The minimum and average lot area requirements for any lot created by subdivision are: 0.4 ha 0.8 ha 4.0 ha Site–Specific Regulations (11) The following table denotes locations where, despite or in addition to the regulations in this Section, specific regulations apply. In the first column, the zone abbreviation and the lower-case BL 117 BL 122

Page 27

South Pender Island Land Use Bylaw No. 114, 2016 Page 24 letter reference the notation on the zoning map. The second column describes the location where the specific regulations set out in the third column apply: Site-Specific Zone Location Description Site Specific Regulations RR1(a) Lot s 1 through 7, inclusive, of Plan VIP53829, Section 21, Pender Island, Cowichan District (a) Despite 5.1(10), the minimum lot area is 0.76 hectares (1.90 acres) and the average lot area is 1.05 hectares (2.6 acres) RR1(b) Lot s 8 and 9 of Plan VIP53829, Section 21, Pender Island, Cowichan District (a) Despite 5.1(10) the minimum lot area is 0.8 hectares (2 acres) and the average lot area is 2.3 hectares (5.7 acres)

Page 28

South Pender Island Land Use Bylaw No. 114, 2016 Page 25 5.2 Commercial Resort (C) 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) Resort hotel ; (b) Boat ramp, boat, bicycle and sport equipment rental, resort activity centre, fitness facility ; and, (c) Uses accessory to the principal use permitted under 5.2(1)(a) and (b): retail sales , administrative offices and business facilities, child care and service, maintenance, laundry, shower and housekeeping facilities, marine related sales and service, cold beer and wine retail sales ; accommodation of individual persons employed at the resort by the hotel operator for wages or salary, in respect of permitted uses, in a dormitory building accessory to the hotel use . Density (2) All building s and structure s are not to cover more than 33% of the usable site area of all lot s in the C Zone. (3) A building or structure is not to cover more than 33% of the usable site area of the lot on which it is located. Siting and Size (4) The minimum setback for any building or structure , except a fence, shall be: (a) 7.6 metres (25 ft.) from any front or rear lot line ; (b) 3.1 metres (10 ft.) from any interior side lot line ; (c) 4.6 metres (15 ft.) from any exterior side lot line . (5) Despite Section 3.4, the maximum height of any building or structure is 9.15 metres (30 ft.). Resort Hotel Conditions of Use (6) In respect of a resort hotel in the C Zone: (a) The total floor area of a hotel cottage is to: (i) In the case of a hotel cottage containing two sleeping unit s not exceed 78.5 square metres (845 sq. ft.); and, (ii) In the case of a hotel cottage containing three sleeping unit s not exceed 88 square metres (947 sq. ft.). (b) The total floor area of a hotel room is to: (i) In the case of one sleeping unit not exceed, 37 square metres (400 sq. ft.); and, (ii) In the case of two sleeping unit s not exceed 65 square metres (700 sq. ft.). (c) The total floor area of a hotel villa shall not exceed 197 square metres (2,120 sq. ft.) and the average floor area of hotel villas shall not exceed 130 square metres (1405 sq. ft.);

Page 29

South Pender Island Land Use Bylaw No. 114, 2016 Page 26 (d) Nothing in this bylaw prohibits a permitted hotel cottage from being physically attached in one building to not more than one other allowed hotel cottage ; (e) Nothing in this bylaw prohibits an allowed hotel room containing one sleeping unit from being physically accessible internally to not more than one other allowed hotel room containing one sleeping unit ; (f) Each hotel cottage and each hotel villa is to contain not more than one set of cooking facilities; (g) The density of hotel temporary accommodation use in the C Zone is not to exceed: (i) Eight hotel villas, each containing no more than two sleeping unit s; (ii) One hotel villa, containing no more than three sleeping unit s; (iii) Eleven hotel rooms , each containing no more than two sleeping unit s; (iv) Twelve hotel cottage s, each containing no more than two sleeping unit s; and (v) Three hotel cottage s, each containing no more than three sleeping unit s. h) The total floor area of employee dormitory accommodation shall not exceed 372 square metres (4,004 sq. ft.). An accommodation building is not to be used for other purposes, except hotel administrative offices and service areas. Subdivision Lot Size Requirements (7) The minimum and average lot area requirements are 0.20 hectares (0.5 acres) for any lot created by subdivision.

Page 30

South Pender Island Land Use Bylaw No. 114, 2016 Page 27 5.3 Community Service (S1) 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 halls, fire halls, libraries, museums, schools, and church es; (b) Cemeteries; (c) Farmer’s Market ; (d) Accessory uses , building s and structure s, other than dwelling s. Density (2) The lot coverage of all building s and structure s may not exceed 25 percent. Siting and Size (3) The minimum setback for any building or structure , except a fence or pump/utility house , shall be 7.6 metres (25 feet) from any lot line . (4) Despite Section 3.4, the maximum height of any building or structure is 9.2 metres (30 ft.). Subdivision Lot Size Requirements (5) Minimum and average lot area requirements are 0.4 hectares (1.0 acre) for any lot created by subdivision.

Page 31

South Pender Island Land Use Bylaw No. 114, 2016 Page 28 5.4 Government Service (S2) 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) Customs agency employee housing; (b) Accessory uses , building s, and structure s. Density (2) The lot coverage of all building s and structure s may not exceed 25 percent. Siting and Size (3) The minimum setback for any building or structure , except a fence or pump/utility house , shall be 7.6 metres (25 ft) from any lot line . (4) Despite Section 3.4, the maximum height of any building or structure is 9.2 metres (30 ft.). Subdivision Lot Size Requirements (5) Minimum and average lot area requirements are 0.4 hectares (1.0 acre) for any lot created by subdivision.

Page 32

South Pender Island Land Use Bylaw No. 114, 2016 Page 29 5.5 Agriculture (A) 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) Farm Use ; (b) Dwelling ; (c) Cottage or other dwelling for the housing of persons engaged in on-going agricultural activities; (d) Accessory agri-tourism (as permitted by the Agricultural Land Commission); (e) Accessory agri-tourist accommodation (as permitted by the Agricultural Land Commission); (f) Accessory uses , building s and structure s, including, but not limited to, home businesses and roadside stands for the sale of produce grown on the same lot and farm retail sales . Density (2) Only one (1) dwelling is permitted on each lot . (3) Despite Subsection 5.5(2), one cottage or one dwelling for the housing of persons engaged in on- going agricultural activities on the lot, is permitted on each lot in addition to the dwelling permitted in Subsection 5.5(2). (4) For a parcel less than 4.0 ha (10 acres) in area, the lot coverage of all building s and structure s may not exceed 8 percent. (5) For a parcel 4.0 ha (10 acres) or greater in area, the lot coverage of all building s and structure s may not exceed 3 percent. Siting and Size (6) The minimum setback for any building or structure , except a fence or pump/utility house , shall be: (a) 7.6 metres (25 ft.) from any front or rear lot line ; (b) 6.1 metres (20 feet) of any side lot line . (7) Despite Subsection 5.7(6), building s or structure s used for housing livestock, poultry or for manure storage may not be located within 30 metres (98 feet) of: (a) a front lot or exterior side lot line ; (b) an interior side lot line or rear lot line abutting a residential, park or institutional use ; (c) a lake or natural watercourse ; or (d) a well or source of domestic water supply. (8) Despite Article 5.5(6)(a), roadside stands for accessory sale of farm products may be sited within the setback from a front lot line or exterior side lot line . BL 117 BL 122 BL 129 BL 129

Page 33

South Pender Island Land Use Bylaw No. 114, 2016 Page 30 (9) Maximum Floor Area: (a) The total floor area of all buildings per lot may not exceed the area in Column A; (b) For a lot that has no dwelling or contains a dwelling with a floor area less than Column B, then the maximum floor area of a new, replacement, or altered dwelling may not exceed the floor area in Column B; (c) For a lot that contains a legal dwelling constructed prior to September 15, 2022 that exceeded the floor area in Column B, the floor area of a re-constructed or replacement dwelling may not exceed the lesser of: i. the floor area of the dwelling on September 15, 2022, or ii. the area in Column C. (d) Where 5.5(9(c)(i) is applicable, the Local Trust Committee may require an owner to submit substantive evidence to establish the size and siting of the dwelling at the time of the adoption of the bylaw. Information Note : The maximum floor area of a dwelling or cottage located within the Agricultural Land Reserve must be compliant with the Agricultural Land Commission Act, Regulation, and any Resolution for the Agricultural Land Commission. The Agricultural Land Reserve Use Regulation regulates total floor area for a dwelling to not exceed 500 m²on a parcel with an area of 40 ha or less. (10) The maximum floor area of a cottage must not exceed 90 m² (969 ft²). Conditions of Use (11) Farm retail sales are permitted on a lot located within the Agricultural Land Reserve , and the total indoor and outdoor floor area for the farm retail sales shall not exceed 47 m² (500 ft²). (12) Agri-tourism buildings or structures are not permitted. (13) Agri-tourist accommodation must not be in use for more than 180 days in a calendar year. (14) Agri-tourist accommodation may include associated uses such as meeting rooms and dining facilities for paying registered guests contained wholly within the agri-tourism Column A Column B Column C Lot Area The total floor area of all buildings may not exceed: The floor area of a dwelling may not exceed: The floor area of a dwelling may not exceed: Less than 0.4 ha (1 Acre) 465 m² (5000ft²) 279 m² (3000 ft²) 353 m² (3800 ft²) 0.4 ha to < 0.8 ha (1 to 2 Acres) 557 m² (6000ft²) 325 m² (3500 ft²) 418 m² (4500 ft²) 0.8 ha to < 1.6 ha (2 to 4 Acres) 743 m² (8000ft²) 372 m² (4000 ft²) 520 m² (5600 ft²) 1.6 ha to < 4.0 ha (4 to 10 Acres) 836 m² (9000ft²) 395 m² (4250 ft²) 543 m² (5845 ft²) 4.0 ha (10 Acres) or greater 1394 m² (15000 ft²) 418 m² (4500 ft²) 560 m² (6030 ft²) BL 117 BL 122 BL 129 BL 122 BL 129

Page 34

South Pender Island Land Use Bylaw No. 114, 2016 Page 31 accommodation unit, but may not include a restaurant or any commercial or retail goods and services other than those permitted by the Agriculture (A) Zone. (15) 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 or 5 bedrooms. Subdivision Lot Size Requirements (16) Minimum and average lot area requirements are 4 hectares (10 acres) for any lot created by subdivision.

Page 35

South Pender Island Land Use Bylaw No. 114, 2016 Page 32 5.6 Forestry (F) 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) Timber production, harvesting, silviculture and forest protection; (b) Portable sawmills; (c) Dwelling ; (d) Cottage ; (e) Rescinded; (f) Accessory uses , building s and structure s, including, but not limited to, home businesses . Density (2) One (1) dwelling and one cottage is permitted on each lot . (3) For a parcel less than 4.0 ha (10 acres) in area, the area of a lot covered by building s and structure s shall not exceed 4 percent. (4) For a parcel 4.0 ha (10 acres) and greater in area, the area of a lot covered by building s and structure s shall not exceed 2.5 percent. Siting and Size (5) The minimum setback for any building or structure , except a fence or pump/utility house , shall be 7.6 metres (25 feet) from any lot line . (6) Despite Section 3.4, the maximum height of any building or structure is 9.2 metres (30 ft.). (7) Maximum Floor Area: (a) The total floor area of all buildings per lot may not exceed the area in Column A; (b) For a lot that has no dwelling or contains a dwelling with a floor area less than Column B, then the maximum floor area of a new, replacement, or altered dwelling may not exceed the floor area in Column B; (c) For a lot that contains a legal dwelling constructed prior to September 15, 2022 that exceeded the floor area in Column B, the floor area of a re-constructed or replacement dwelling may not exceed the lesser of: i. the floor area of the dwelling on September 15, 2022, or ii. the area in Column C. (d) Where 5.6(7)(c)(i) is applicable, the Local Trust Committee may require an owner to submit substantive evidence to establish the size and siting of the dwelling at the time of the adoption of the bylaw. BL 117 BL 122 BL 129

Page 36

South Pender Island Land Use Bylaw No. 114, 2016 Page 33 (8) The maximum floor area of a cottage must not exceed 70 m² (753 ft²). Conditions of Use (9) Rescinded. (10) Despite 5.6(5) above, the minimum setback for a portable sawmill permitted by 5.6(1)(b) above shall be 20 metres (66 feet) from any lot line. Subdivision Lot Size Requirements (11) Minimum and average lot area requirements are 4 hectares (10 acres) for any lot created by subdivision. Column A Column B Column C Lot Area The total floor area of all buildings may not exceed: The floor area of a dwelling may not exceed: The floor area of a dwelling may not exceed: Less than 0.4 ha (1 Acre) 465 m² (5000ft²) 279 m² (3000 ft²) 353 m² (3800 ft²) 0.4 ha to < 0.8 ha (1 to 2 Acres) 557 m² (6000ft²) 325 m² (3500 ft²) 418 m² (4500 ft²) 0.8 ha to < 1.6 ha (2 to 4 Acres) 743 m² (8000ft²) 372 m² (4000 ft²) 520 m² (5600 ft²) 1.6 ha to < 4.0 ha (4 to 10 Acres) 836 m² (9000ft²) 395 m² (4250 ft²) 543 m² (5845 ft²) 4.0 ha (10 Acres) or greater 1394 m² (15000 ft²) 418 m² (4500 ft²) 560 m² (6030 ft²) BL 117 BL 122 BL 129

Page 37

South Pender Island Land Use Bylaw No. 114, 2016 Page 34 5.7 Natural Resource (NR) 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) Rescinded ; (d) Accessory uses , building s and structure s, including, but not limited to, home businesses . Density (2) One (1) dwelling is permitted on each lot . (3) For a parcel 8 ha (20 acres) and greater in area, one (1) dwelling and one (1) cottage is permitted on each lot . (4) The area of a lot covered by building s and structure s shall not exceed 1.5 percent. Siting and Size (5) The minimum setback for any building or structure , except a fence or pump/utility house , shall be 7.6 metres (25 feet) from any lot line . (6) Maximum Floor Area: (a) The total floor area of all buildings per lot may not exceed the area in Column A; (b) For a lot that has no dwelling or contains a dwelling with a floor area less than Column B, then the maximum floor area of a new, replacement, or altered dwelling may not exceed the floor area in Column B; (c) For a lot that contains a legal dwelling constructed prior to September 15, 2022 that exceeded the floor area in Column B, the floor area of a re-constructed or replacement dwelling may not exceed the lesser of: i. the floor area of the dwelling on September 15, 2022, or ii. the area in Column C. (d) Where 5.7(6)(c)(i) is applicable, the Local Trust Committee may require an owner to submit substantive evidence to establish the size and siting of the dwelling at the time of the adoption of the bylaw. BL 117 BL 129

Page 38

South Pender Island Land Use Bylaw No. 114, 2016 Page 35 (7) The maximum floor area of a cottage must not exceed 70 m² (753 ft²). Conditions of Use (8) Rescinded. Subdivision Lot Size Requirements (9) Minimum and average lot area requirements are 12 hectares (30 acres) for any lot created by subdivision. Column A Column B Column C Lot Area The total floor area of all buildings may not exceed: The floor area of a dwelling may not exceed: The floor area of a dwelling may not exceed: Less than 0.4 ha (1 Acre) 465 m² (5000ft²) 279 m² (3000 ft²) 353 m² (3800 ft²) 0.4 ha to < 0.8 ha (1 to 2 Acres) 557 m² (6000ft²) 325 m² (3500 ft²) 418 m² (4500 ft²) 0.8 ha to < 1.6 ha (2 to 4 Acres) 743 m² (8000ft²) 372 m² (4000 ft²) 520 m² (5600 ft²) 1.6 ha to < 4.0 ha (4 to 10 Acres) 836 m² (9000ft²) 395 m² (4250 ft²) 543 m² (5845 ft²) 4.0 ha (10 Acres) or greater 1394 m² (15000 ft²) 418 m² (4500 ft²) 560 m² (6030 ft²) BL 122 BL 117

Page 39

South Pender Island Land Use Bylaw No. 114, 2016 Page 36 5.8 Community Park Zones Permitted Uses P1 P2 P3 (1) The following uses are permitted, and including the uses set out in 3.1, all other uses are prohibited: (a) Pedestrian trails, open space areas    (b) Preservation, display and interpretation of sites, building s and structure s and items or features of historical significance  (c) Protection, maintenance, display and interpretation of sites with flora, fauna or other innate features of natural significance  (d) Accessory uses and structure s.    Density P1 P2 P3 (2) The area of a lot covered by building s and structure s shall not exceed: 1.0% 1.0% 1.0% Siting and Size P1 P2 P3 (3) The minimum setback for any building or structure from any lot line , except a fence or pump/utility house , shall be: 7.6 m 7.6 m 7.6 m (4) Despite Section 3.4, the maximum height of any building or structure is: 4.6 m 4.6 m 4.6 m

Page 40

South Pender Island Land Use Bylaw No. 114, 2016 Page 37 5.9 National Park (NP) 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, and including the uses specified in 3.1, all other uses are prohibited: (a) Informational, interpretive, cultural, and historical uses and facilities; (b) Natural and cultural resource management and protection; (c) Backcountry camping and picnicking areas; (d) Park operations and maintenance facilities. Density (2) The area of a lot covered by building s and structure s shall not exceed 1.0 percent. Siting and Size (3) The minimum setback for any building or structure , except a fence or pump/utility house , shall be 7.6 metres (25 feet) from any lot line . (4) Despite Section 3.4, the maximum height of any building or structure is 4.6 metres. Subdivision Lot Size Requirements (5) Minimum and average lot area requirements are 65 hectares for any lot created by subdivision.

Page 41

South Pender Island Land Use Bylaw No. 114, 2016 Page 38 5.10 Conservation (RC) Permitted Uses (1) The following uses are permitted, and including the uses specified in 3.1, all other uses are prohibited: (a) Bird watching station; (b) Wildlife interpretation centre. Density (2) The area of a lot covered by building s and structure s shall not exceed 1.0 percent. (3) No building or structure shall be constructed or erected on land within the RC zone, except for a building or structure not exceeding a total combined floor area of 9.3 square metres (100 square feet), for a use permitted in Subsection 5.10(1). Siting and Size (4) The minimum setback for any structure , except a fence or pump/utility house , shall be 7.6 metres (25 feet) from any lot line . (5) Despite Subsection 3.4, the maximum permitted height for any structure is 4.6 metres (15 ft.).

Page 42

South Pender Island Land Use Bylaw No. 114, 2016 Page 39 5.11 Marine General (W1) 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) Anchorage and mooring of a private vessel by the owner or occupier of the upland lot abutting the water area in which the vessel is anchored or moored; (b) Floats, docks, wharves, ramps, walkways accessory to the residential use of an abutting upland lot, or adjacent upland lots, and providing access to that lot or lots. Siting and Size (2) No building, including a boathouse, may be constructed or erected on any float or wharf. (3) The maximum combined area of any float and wharf, accessory to a principal residential use of one or more upland lots, shall not exceed 46.5 square metres (500 square feet), exclusive of ramps and walkways. (4) The width of any ramp or walkway, including handrails, used to access any float or wharf permitted in Article 5.15(1)(b) shall not exceed 1.5 metres (5 feet). (5) The minimum setback for any structure shall be 3.1 metres (10 feet) from the seaward projection of the lateral boundaries of the abutting upland lot

Page 43

South Pender Island Land Use Bylaw No. 114, 2016 Page 40 5.12 Marine Protection (W2) Permitted Uses (1) The following uses and structures are permitted, subject to the regulations set out in this section and the general regulations, and all other uses and structures are prohibited: (a) Anchorage and mooring of a private vessel by the owner or occupier of the upland lot abutting the water area in which the vessel is anchored or moored; (b) For certainty, floats, docks, wharves, ramps, and walkways are not permitted in this zone. Siting and Size (2) The minimum setback for any structure shall be 3.1 metres (10 feet) from the seaward projection of the lateral boundaries of the abutting upland lot. 5.13 Marina (W3) 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) Boat rentals, excluding rentals of personal watercraft; (c) Marine fuelling stations; (d) Facilities for the temporary mooring of water taxis, pleasure craft, fishing boats and sea planes; (e) Buoys, floats, wharves, docks, slips, ramps, walkways, piers, floating breakwaters, boat launching ramps, dolphins and pilings and buildings necessary for the establishment or operation of uses permitted in this zone. (2) For certainty, a vessel anchored, moored or secured to a piling, dolphin, dock, wharf or pier shall not be used as a residence. Siting and Size (3) Signs, boat launching ramps, buoys, floats, wharves, docks, ramps, walkways, slips, pilings and dolphins necessary for the establishment and operation of uses allowed in the W3 zone shall be sited entirely within the boundaries of the W3 zone. (4) The maximum floor area of any building is 14 metres 2 (150 ft 2 ). (5) Despite Subsection 3.4, the maximum permitted height for any structure is 5 metres (16.5 ft.) measured from the surface of the water.

Page 44

South Pender Island Land Use Bylaw No. 114, 2016 Page 41 5.14 Marine Transportation Service (W4) 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) Government wharf; (b) Customs building; (c) Signs, boat launching ramps, buoys, floats, wharves, docks, slips, ramps, walkways, piers, floating breakwaters, dolphins and pilings and buildings necessary for the establishment or operation of uses permitted in this zone. 5.15 National Park Marine (W5) 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 and no others are permitted in the W5 zone: (a) Marine navigational aids; (b) Natural resource management and protection; (c) Docks, wharfage, and moorage accessory to the upland National Park lands.

Page 45

South Pender Island Land Use Bylaw No. 114, 2016 Page 42 PART 6 SIGN REGULATIONS 6.1 Permitted Signs (1) All sign types except those prohibited in Section 6.2 are permitted. 6.2 Prohibited Signs (1) Any sign that is internally illuminated; any sign with moving parts; any sign hung from, or in any way affixed to, any other sign ; and any noise-making sign is prohibited. (2) Third party sign s are prohibited. (3) Sign s illuminated in any way which are sited or otherwise placed in a location seaward of the natural boundary of the sea are prohibited. 6.3 Exempt Signs The following sign s are exempt from the regulations in this Part: (1) Directional, traffic control, informational, interpretive and navigational sign s sited and maintained by a Public Authority, agency or their authorized agents. (2) Real estate sign s on properties that are for sale or lease may be displayed in any zone , subject to the sign not exceeding 1.0 square metre (10.8 sq. ft.) in area and being located on the property being sold or leased. Such sign s are to be removed within 14 days of sale or lease. (3) Sign s of duly nominated candidates for public office, , provided they are removed within 14 days of the date of voting. 6.4 Siting and Height (1) A sign permitted in this Part may be located only in a front yard or exterior side yard setback area. 6.5 Obsolete Signs (1) Any sign which has become obsolete because of the discontinuance of the business, service or activity which it advertises must be removed from the premises within thirty days after the sign becomes obsolete.

Page 46

South Pender Island Land Use Bylaw No. 114, 2016 Page 43 6.6 Sign Number and Area (1) Every sign must comply with the restrictions on the number of sign s and the maximum total area of sign s set out in Table 6.1 in respect of the zone in which the sign is proposed to be located. TABLE 6.1: Sign Regulations Zone Number of Sign s Permitted on Each Lot Maximum Total Sign Area Permitted on Each Lot RR1 RR2 RR3 NR 1 per lot plus 1 per home business 1.0 m 2 (10.7 square feet) C 1 per business premises Note: Development permit area established in Part VII of the OCP. A F 2 per lot plus 1 per home business 1.0 m 2 (10.7 square feet) S1 S2 2 per lot 4.0 m 2 (43.1) square feet) W2 1 per water lot or licence area 1.0 m 2 (10.7 square feet) W3 1 per water lot or licence area 1.0 m 2 (10.7 square feet) All other zones Only those sign s exempted by Section 6.3 are permitted

Page 47

South Pender Island Land Use Bylaw No. 114, 2016 Page 44 PART 7 PARKING REGULATIONS 7.1 Location (1) All required off-street parking spaces shall be located on the lot on which the use , building or structure being served is located and in the same zone . Parking spaces located on a highway may not be taken into account in determining compliance with the standards in this Part. (2) In the case of a parking space for persons with disabilities, it shall be located at the closest point as is practical to the main entrance to any building containing the use for which the parking space is required. 7.2 Design Standards (1) Each parking space shall be accessible to a highway via a manoeuvring aisle not less than 7.5 metres in width in the case of 90 degree parking; 5.5 metres in width in the case of 60 degree parking; and 3.5 metres in width in the case of 45 degree and parallel parking; and no parking space may abut a highway such that the use of the parking space necessitates reversing a motor vehicle from or onto the highway. If a parking space is accessible directly from a lane the combined length of the parking space and width of the lane shall be at least 12.5 metres. (2) Parking spaces shall be at least 2.7 metres in width and 6.2 metres in length, exclusive of manoeuvring aisles, and have unobstructed vertical clearance of at least 2 metres. Parallel parking spaces shall notwithstanding the foregoing have a length of 7.5 metres. 7.3 Calculation (1) In the calculation of parking required spaces, one additional space shall be provided in respect of any fractional floor area , number of seats or berths or other unit of measurement and the requirements for sites on which more than one use occurs are cumulative. (2) Where a particular use is not listed in Table 2, the number required for the most similar listed use applies.

Page 48

South Pender Island Land Use Bylaw No. 114, 2016 Page 45 7.4 Number of Off-Street Parking Spaces (1) Every owner or occupier of land shall provide and maintain off-street parking spaces in conformity with the standards set out in Table 7.1 in respect of the use or occupancy that is applicable to the owner's land. Table 7.1 : Number of Off-Street Parking Spaces Use of Building or Lot Minimum Number of Parking Spaces Required Residential 2 per dwelling and one per cottage Retail Stores Offices 1 per 23 m 2 floor area plus 1 for persons with disabilities Restaurant s, Cafes, Premises licensed under the Liquor Control and Licensing Act 1 per 3 seats plus 1 accessible parking space for persons with disabilities Church es 1 per 23 m 2 floor area Hotels 1 per sleeping unit and 1 per employee plus 1 for persons with disabilities Staff Dwelling Unit in Commercial zone 1 per 2 employees Marina 1 per 3 boats berthed on annual basis and 1 per employee Bed and Breakfast 1 per room used for or intended to be used for patron overnight accommodation and one per non-resident employee Other Home Businesses 1 per non-resident employee and 1 per business where the nature of the business is such that patrons call at the premises. Fire Hall 5 spaces

Page 49

South Pender Island Land Use Bylaw No. 114, 2016 Page 46 PART 8 SUBDIVISION REGULATIONS 8.1 Lot Area Calculations (1) Lot s created by subdivision shall have an area at least equal to the minimum lot area specified in Part 5 for the zone in which the parent parcel is located, and shall have an average area at least equal to any average lot area so specified. (2) If an owner of land 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, be included in the total area of lot s being created, and the park or park s are deemed not to be lot s. (3) If a lot proposed to be subdivided is divided by a zone boundary and the lot cannot be subdivided without creating new split zoned lot s, each split zoned lot must comply with the largest minimum and average lot size specified in Part 5 for any zone in which the lot is located. 8.2 Exemptions from Average and Minimum Lot Area Requirements (1) The average and minimum lot sizes specified in Part 5 do not apply if: (a) the lot being created is to be used solely for unattended equipment necessary for the operation of facilities referred to in Section 3.1, a community sewer or water system, electrical or telecommunication utilities , telephone receiving antenna, radio or television broadcasting antenna, a telecommunication relay, an automatic telephone exchange, an air or marine navigational aid, or an electrical substation, and the owner grants to the Local Trust Committee a Section 219 covenant complying with Section 2.6 restricting the use of the lot to one or more of these uses; (b) the lot being created is for park use , an ecological reserve or dedication to the Crown; (c) the lot being created results from the consolidation of two or more lot s, provided that the consolidated lot does not have sufficient area that it could be subdivided into more lot s than would be permitted under this bylaw without the consolidation; or (d) to the adjustment of boundaries between lot s, provided that the area of any lot would not be increased to an extent that it could be subdivided into more lot s than would be permitted under this bylaw without the boundary adjustment. 8.3 Covenants Prohibiting Further Subdivision and Development (1) If a proposed subdivision yields the maximum number of lot s permitted by the applicable minimum and average lot areas specified in Part 5, and one or more of the lot s being created has an area equal to or greater than twice the applicable average lot area, the applicant shall grant a Section 219 covenant complying with Section 2.6 in respect of every such lot , prohibiting further subdivision of the lot and prohibiting construction, erection, or occupancy on the lot of more than the applicable zone ’s permitted number of dwelling s

Page 50

South Pender Island Land Use Bylaw No. 114, 2016 Page 47 and, if a cottage is a permitted use of the lot , more than that zone ’s permitted number of cottage s. (2) If a subdivision is proposed that yields fewer than the maximum number of lot s permitted by the applicable minimum and average lot sizes specified by this bylaw, and: (a) one or more of the lot s being created has an area equal to or greater than twice the applicable average lot area; and (b) one or more of the lot s being created has an area less than the applicable average lot area, the applicant shall grant a Section 219 covenant complying with Section 2.6 in respect of every lot described in Article 8.3(2)(a) prohibiting: (c) the further subdivision of the lot so as to create a greater total number of lot s by subdivision and re-subdivision of the original lot than would have been created had the first subdivision created the maximum number of lot s permitted by the applicable minimum and average lot areas specified by this bylaw; and (d) the construction, erection, or occupancy on the lot of dwelling s and, if permitted by this bylaw, cottage s so as to create greater density of such development on the original lot than would have been created had the original lot been subdivided into the greatest number of lot s 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 shall grant a Section 219 covenant complying with Section 2.6 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 lot s. 8.4 Boundary Adjustment Subdivisions (1) A boundary adjustment subdivision that would result in the increase of the area of any lot to the point where the new lot s created could collectively be subdivided into more lot s than would be permitted under this bylaw without the boundary adjustment is prohibited. (2) A boundary adjustment subdivision resulting in a lot lying in two or more zones is prohibited, except where one of the lot s being subdivided is located in two or more zones . 8.5 Section 514 subdivisions (Residence for a Relative) (1) No lot having an area less than 8 hectares (20 acres) may be subdivided under Section 514 of the Local Government Act to provide a residence for a relative of the owner unless the lot is entirely within the Agricultural Land Reserve. 8.6 Lot Frontage and Lot Configuration (1) The frontage of any lot in a proposed subdivision must not be less than 20.12 metres (66 feet) or the minimum frontage established in Section 512 of the Local Government Act . 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.

Page 51

South Pender Island Land Use Bylaw No. 114, 2016 Page 48 (2) No lot in a proposed subdivision may have a depth greater than three times its width, and for this purpose the width of a panhandle lot shall be measured at the point where the panhandle connects with the main portion of the lot . (3) If a proposed 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 is 10.06 metres (33 feet). (4) If a proposed panhandle lot is capable of being further subdivided under the provisions of this bylaw, the minimum width of the access strip at any point is 20.12 metres (66 feet). 8.7 Split Zoned Lots (1) Subject to Subsection 8.1(3), a subdivision resulting in the creation of a new lot lying in two or more zones is prohibited. 8.8 Split or Hooked Lots (1) No additional lot which is divided into two or more portions by a highway or another lot may be created by subdivision. 8.9 Double Frontage Lots (1) No additional lot having frontage on more than one highway other than a corner lot may be created by subdivision. 8.10 Water Access Subdivisions (1) Highway access must be provided to every lot created by subdivision on South Pender Island. (2) If a subdivision with water access only is approved on an island other than South Pender Island within the South Pender Island Local Trust Area, the owner of land 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. 8.11 Highway Standards Information Note : For information on road standards see the Letter of Agreement between the Islands Trust and the Ministry of Transportation and Highways, dated October 20, 1992 and amended July 18, 1996 .

Page 52

South Pender Island Land Use Bylaw No. 114, 2016 Page 49 8.12 Water Supply (1) Where a subdivision is not served by a community water system, each proposed lot must be proven by the applicant to have a source of potable water of sufficient quantity in accordance with Table 1 in Subsection 8.12(3). (2) A community water system must be provided for subdivisions where there is not a proven source of potable water of sufficient quantity in respect of each lot. (3) Where a well is proposed as a source of potable water for a proposed subdivision, the applicant for subdivision must provide written certification under seal of an Professional Engineer or Hydrogeologist with experience in groundwater hydrology that there is, in respect of each building, structure, or use of land permitted by this Bylaw, on or to each proposed lot, an available supply of potable water that meets or exceeds the Guidelines for Canadian Drinking Water Quality in the amounts set out in Table 1, and that the extraction from the groundwater table of that amount of water in respect of each permitted building, structure or use will not adversely affect the quantity or quality of water obtainable from any existing well or surface water then used as a source of potable water. The extraction and treatment of saline ground water (as outlined in the Guidelines for Canadian Drinking Water Quality) into potable water is not permitted. TABLE 8.1: Potable Water Supply Standards Use Volume (per day per lot) Residential 2275 litres (per permitted dwelling) Agricultural 3640 litres Commercial 3640 litres Commercial Guest Accommodation 6000 litres Industrial 3640 litres All other uses 2275 litres (4) If the certification referred to in Subsection 8.12(3) cannot be made, the Approving Officer may nonetheless approve the subdivision in the following circumstances: (a) if the applicant provides a community water system complying with the requirements of this Bylaw; or (b) if the applicant grants a covenant restricting the development of the subdivision to the buildings, structures and uses in respect of which a certification has been made under Subsection 4.4.3. (5) Where applicant has provided a report by a Professional Engineer or Hydrogeologist with experience in groundwater hydrology, and the report indicates that the water from a well does not meet the standards of potability as set in 8.12(3) and the report states that with specific treatment systems the well can be certified as to potability, the Approving Officer may nonetheless approve the subdivision provided that:

Page 53

South Pender Island Land Use Bylaw No. 114, 2016 Page 50 (a) the applicant grants a s. 219 covenant to the LTC and to the CRD restricting use and occupancy of the land and any building or structure on the land until the owner installs a water treatment system which is effective in making the water from the well potable to no less a standard than that specified in this Bylaw. (6) For the purposes of the certification referred to in Subsection 8.12(3), the Professional Engineer or Hydrogeologist must supply supporting documentation, and if a pump test has been conducted, the Professional Engineer or Hydrogeologist must indicate that the test was of sufficient duration to establish in accordance with generally accepted hydrological engineering practice the long term reliability of the water supply. (7) If a Professional Engineer or Hydrogeologist provides a certification under Subsection 8.12(3) as to the quality of a proposed source of potable water, the certificate must include a plan of the proposed subdivision indicating the location where each water sample was taken, and a statement that the water samples upon which the water quality analysis was performed were unadulterated samples taken from the locations indicated on the plan. (8) If a community water system is proposed, the water system must comply with applicable provincial enactments and must be designed with sufficient capacity to serve all the lots that may be created by further subdivision. No community water system may be supplied with water other than that which is obtained on the island on which the system is located. The water intake of a community water system must not be closer than 300 metres to public accesses to lakes. (9) An applicant is not required to fulfil the requirements of subsections 8.12(1), 8.12(2) and 8.12(3) for boundary adjustment subdivisions provided that: there would be no increase in density or intensity of use beyond what was permitted before the boundary adjustment took place; and that all of the lots subject to the boundary adjustment have an established supply of water.

Page 54

South Pender Island Land Use Bylaw No. 114, 2016 Page 51 SCHEDULE B (ZONING MAP)

Page 55

South Pender Island Land Use Bylaw No. 114, 2016 Page 52 SCHEDULE C (BYLAW AREA MAP)