This Bylaw is made under the authority of the Planning Act, R.S.P.E.I. 1988, Cap. 4 and the Municipalities Act, R.S. P.E.I.
BE IT ENACTED by the Community of Hazelbrook as follows:
This Bylaw shall be known and may be cited as the Community of Hazelbrook Zoning and Subdivision Control Bylaw or the Development Bylaw
This Bylaw applied to the geographical area within which the Community of Hazelbrook Council has jurisdiction.
No dwelling, business, trade or industry shall be located, nor shall any building or structure be erected, altered, used or have its use changed, nor shall any land be divided, consolidated or used in the Community of Hazelbrook, except in conformity with this Bylaw and subject to the provisions contained herein.
1.4 AUTHORITY OF DEVELOPMENT OFFICER
Council may appoint a Development Officer whose duties shall be as provided in this Bylaw. The Development Officer shall have the authority to administer this Bylaw. Notwithstanding the foregoing, the Development Officer shall have the authority to approve or deny development permits in accordance with this Bylaw in all areas except for:
(1) Permanent Commercial
(2) Institutional
(3) Industrial
(4) Multiple Family Dwellings
Where the Development Officer is unable to determine whether the proposed development conforms with this Bylaw, the Development Officer shall forward the application to Council for a decision.
For the purpose of this Bylaw, all words shall carry their customary meaning except for those defined hereafter.
In this Bylaw:
2.1 “Accessory Building” –means a building whose use is incidental and subordinate to, and consistent with, the main or approved use of the lot on which the building is located.
2.2 “Accessory Use” –means a use subordinate and naturally, customarily and normally incidental to and exclusively devoted to a main use of land or building and located on the same lot.
2.3 “Agricultural Use” –means a use of land and buildings for farming, dairying, pasturage, agriculture, apiculture, floriculture, horticulture, and animal and poultry husbandry and the necessary accessory uses for packing, storing or treating the produce.
2.4 “Alter” –means to make a change in the structural component or physical appearance of a building or any increase in the volume of a building or structure.
2.5 “Attached” –means a building or structure which has a common wall and/or common roof line and the building or structure may be considered common as long as a minimum of twenty percent (20%) of the length of the wall or roof line is common with the main building or structure wall or roof.
2.6 “Automobile Sales and Service Establishment” –means a building or part of a building or a clearly defined space on a lot used for the sale and maintenance of used or new automobiles.
2.7 “Automobile Service Station or Service Station” –means a building or part of a building or a clearly defined space on a lot used for the sale of lubricating oils and/or gasolines and may include the sale of automobile accessories and the servicing and repairing essential to the actual operation of motor vehicles.
2.8 “Automobile Washing Establishment” –means a building or part thereof used for the operation of automobile washing equipment which is manual, automatic or semi-automatic.
2.9 “Bed and Breakfast” –means a dwelling occupied by a family and used incidentally to provide accommodation of up to three (3) separate rooms and meals to transient travellers and includes a tourist home but does not include a boarding house, rooming house, domiciliary hostel, group home, hotel, motel, restaurant or lounge.
2.10 “Block” –means any unit of land consisting of a grouping of lots bounded on all sides by watercourses, streets or large parcel boundaries or as otherwise defined by the municipality.
2.11 “Building” –includes any structure having a roof supported by columns or walls intended for the shelter, housing or enclosure of any person, animal or chattel.
2.12 “Building Height” –means the vertical distance measured from the averaged finished grade to the highest point of roof surface.
2.13 “Building Line” –means any line regulating the position of a building or structure on a lot.
2.14 “Building Setback” –means the distance between the street line and the nearest main wall of any building or structure, except fences, and extending the full width of the lot.
2.15 “Business or Professional Office” –means premises where services are offered for a fee but does not include premises used for the retailing, wholesaling, manufacturing or conversion of goods.
2.16 “Campground” –means a tract of land, managed as a unit, providing short term accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers.
2.17 “Child Care Facility” –means any institution, agency, or place, whether known as a day nursery, nursery school, kindergarten or play school, which receives for temporary care apart from the parents on a daily or hourly basis, with or without stated educational purposes and during or all of the day, more than three children under seven years of age.
2.18 “Church” –means a building dedicated to religious worship and includes a church hall, church auditorium, Sunday School, parish hall, rectory, manse and day nursery operated by the church.
2.19 “Club” –means an association of persons, whether incorporated or not, united by some common interest, meeting periodically for co-operation or conviviality. Club shall also mean, where the context requires, premises owned or occupied by members of such association within which the activities of the club are conducted.
2.20 “Commercial Use” –means the use of a building on a lot for the storage, display or sale of goods or services and includes hotels, motels, inns or rental cottages.
2.21 “Community Care Facility” –means an establishment that provides care services for compensation to five or more residents who are not members of the operator’s immediate family but does not, unless otherwise ordered by the Lieutenant Governor in Council, include:
2.22 “Convenience Store” –means a retail commercial establishment, not exceeding 1,500 sq. ft. (135 m) of gross floor area, supplying daily household necessities for the immediate surrounding area in which articles for sale are restricted to a limited range of primarily food items such as milk, bread, soft drinks, ice cream, canned and bottled goods, snacks and candy, meat, and to compliment such items which may include the limited sale of magazines, books, housewares, toiletries, stationary, patent medicines, tobacco products and video tape sales and rentals.
2.23 “Council” –means the Council for the Community of Hazelbrook.
2.24 “Councillor” –means any resident who has been duly elected and sworn to office in order that such resident may execute those duties as prescribed by the law.
2.25 “Deck” –means a structure abutting a dwelling with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade for use as an outdoor living area.
2.26 “Demolition” –means to remove, pull down or destroy a structure.
2.27 “Development” –means the carrying out of any building, engineering, excavation, dumping, filling or other operations in, on, over or under land, or the making of any material change in the use, or the intensity of use of any land, buildings, or premises without limiting the generality of the foregoing.
2.28 “Development Officer” –means the person charged by the Council with the duty of administering the provisions of this Bylaw.
2.29 “Development Permit” –means the formal and written authorization for a person to carry out any development.
2.30 “Display” –includes any item, group of items, sign, or billboard visible to the general public, indicating that items or services are offered for sale or trade, but does not include Premise Signs of 400 square inches or less.
2.31 “Domestic Animals” –includes dogs, cats, budgies, parrots, parakeets, hamsters, gerbils, guinea pigs and fish.
2.32 “Dwelling ” –means a building or portion thereof designated or used for residential occupancy, but does not include hotels and motels.
2.33 “Erect” –means to build, construct, reconstruct, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, filling or draining.
2.34 “Existing” –means a parcel of land that existed on July 9, 1994.
2.35 “Family” –means an individual residing in one (1) dwelling unit, or a group of persons related by marriage, cohabitation, blood or adoption residing together in one dwelling unit and includes:
2.36 “Farming” –means the outdoor cultivation of agricultural products, and the raising of farm livestock.
2.37 “Farm”or “Farm Property” –means arable land, dwelling and complementary buildings containing at least ten (10) acres, operated as a farm enterprise and includes land leased from the Crown, but does not included land leased or rented from owners who are not bona fide farmers.
2.38 “Farm Market” –means a building in which farm produce comprises the major portion of goods offered or kept for sale directly to the public at retail value.
2.39 “Fence” –means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
2.40 “Floor Area” –means:
2.41 “Forestry Use ” –means commercial silviculture and the production of timber or pulp and any uses associated with a forestry use, including sawmills, shingle mills, vehicle and equipment storage and maintenance buildings and yards and retail and wholesale outlets for wood and wood products.
2.42 ”Frontage” –means the horizontal distance between the side lot lines bordering on a street and according to the direction of the front of the dwelling or structure.
2.43 “Grade” –(as it applied to the determination of building height) means the lowest of the elevation of the finished surface of the ground, paving or sidewalks within the area between the building and the property line or when the property line is more than five (5) ft. (1.5 m) from the building, between the building and a line five (5) ft. (1.5 m) from the building.
2.44 “Highway, Road or Street” –means all the area within the boundary lines of every road, street or right-of-way which is vested in the Province of Prince Edward Island or the municipality and used or intended for use by the general public for the passage of vehicles and includes any bridge over which any such road, street or right-of-way passes.
2.45 “Hotel” –means a building other than a motel occupied or intended to be occupied as the temporary lodging place for any individual for a fee.
2.46 “Industrial Premises” –means premises in or from which goods or materials are manufactured, processed, assembled or extracted or premises from which wholesale trade is carried on including warehousing.
2.47 “Institutional Use” –means the use of land or buildings for non-profit or public purposes including but not limited to, hospitals, government buildings, religious institutions, churches, public schools, colleges, cultural centres, libraries and public recreational and park buildings.
2.48 “Kennel” –means a building or structure where more than four (4) domestic animals excluding livestock are kept, bred and raised for profit or gain.
2.49 “Landscaping” –means any combination of trees, shrubs, flowers, grass, other horticultural elements, paving, or other architectural elements, all of which are designed to enhance the visual amenity of a property.
2.50 “Livestock” –means horses, cattle, sheep, swine, goats, poultry, fox, mink, chinchilla and rabbits.
2.51 “Loading Space” –means an unencumbered area of land provided and maintained upon the same lot or lots upon which the principal use is located and which area is provided for the temporary parking of one (1) commercial motor vehicle while merchandise or materials are being loaded or unloaded, and such parking space shall not be for the purpose of sale or display.
2.52 “Lot or Property” –means any parcel of land described in a deed or as shown in a registered subdivision plan.
2.53 “Lot Consolidation” –means the legal incorporation of two or more existing parcels of land to form a single, larger parcel.
2.54 “Lounge” –means a commercial facility or structure licensed to sell alcoholic beverages to the public.
2.55 “Main Building” –means that building, the nature of the use of which determines the status of the lot upon which it is authorized to be constructed or upon which it is constructed.
2.56 “Mini-Home” –means a pre-manufactured dwelling unit having an average width of less than 20 feet, not including appurtenances such as porches, entries, etc. and certified under the Z240 provisions of the Canadian Standards Association (CSA).
2.57 “Mobile Home” –means a transportable dwelling unit suitable for long term occupancy, designed to be transported with or without its own wheeled chassis.
2.58 “Modular Home” –means a pre-manufactured dwelling unit having an average width of 20 ft. or more, not including appurtenances such as porches, entries, etc.
2.59 “Motel” –means a building occupied in whole or in part as a temporary lodging place for an individual and for which there is an exit for any room or suite of rooms directly to the outdoors with access to grade level.
2.60 “Nursing Home” –means a building, part of building, or group of buildings in which, for a fee, charge or reward, direct or indirect, there are housed patients requiring or receiving active treatment for, or convalescing from, or being rehabilitated after illness or injury, but does not include a public hospital, mental hospital, tuberculosis hospital or sanitorium.
2.61 “Obnoxious Use” –means a use which, from its nature or operation, creates a nuisance or is offensive by the creation of noise or vibration or by reason of the emission of gases, fumes, dust, and any objectionable odour, or by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste or other material.
2.62 “Open Space” –means that portion of a lot which may be used for landscaping, recreational space or leisure activities normally carried on outdoors; but does not include space used for service drive-ways or off-street parking.
2.63 “Outdoor Display” –means an area of land where goods are displayed and which are available for sale to the general public from a retail outlet located on the same lot.
2.64 “Outdoor Storage” –means the storage of merchandise, goods, inventory, materials or equipment or other items which are not intended for immediate sale, by locating them outside.
2.65 “Parking Lot” –means an open area of land other than a street or an area within a structure for the parking of vehicles.
2.66 “Panhandle Lot” –means a lot that does not have the minimum frontage on a road required by these regulations, but has a driveway or right-of-way connection providing access to a public road or privately owned subdivision road.
2.67 “Parcel” –means a lot, block or other division of land or property which is recognized as a separate unit of land for the purposes of this bylaw.
2.68 “Parking Space” –means an area of land which is suitable for the parking of a vehicle, not less than nine feet wide and eighteen feet long, accessible to vehicles without the need to move other vehicles on adjacent areas.
2.69 “Personal Service Shop” –means a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, (e.g. barbershop), but does not include a tattoo parlour.
2.70 “Phase” –means to develop a parcel of land over time in a series of prescribed stages; or one of such stages.
2.71 “Plant Nursery(and Greenhouse) –means a premise or any land used primarily to raise and store trees, shrubs, flowers, and other plants for sale or for transplanting.
2.72 “Private Garage” –means a building or part thereof which is used for the sheltering of private motor vehicles and storage of household equipment incidental to the residential occupancy and in which there are no facilities for repairing or servicing of such vehicles for remuneration or commercial use.
2.73 “Premise Sign” –means a sign that directs attention to a business, commodity, service, industry, or other activity, which is sold, offered, or conducted on the lot upon which such sign is located, or to which it is affixed.
2.74 “Public Park or Parkland” –means land owned by the Community or some other level of government used or intended for use by members of the public.
2.75 “Recreational Trailer or Vehicle” –means a vehicle which provides sleeping and other facilities for short periods of time, while travelling or vacationing, designed to be towed behind a motor vehicle, or self-propelled, and includes such vehicles commonly known as travel trailers, camper trailers, pick-up coaches, motorized campers, motorized homes, recreation vehicles or other similar vehicles.
2.76 “Recreational Use” –means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, athletic fields, golf courses, picnic areas, swimming pools, day camps, and similar uses but does not include a tract for the racing of animals or any form of motorized vehicles.
2.77 “Recycling Depot” –means premises on which recoverable materials such as newspaper, glassware, and metal cans are separated prior to shipment but does not include any processing of the material or a salvage yard.
2.78 “Recycling Plant” –means a building in which recoverable resources, such as newspapers, magazines, books and other paper products; glass; metal cans; and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production but it does not include a salvage yard.
2.79 “Residential Care Facility” –means a building or premises licensed by the Province of Prince Edward Island, where accommodation and supervisory and/or personal care is provided or made available for more than three persons and includes a group home.
2.80 “Resource Use” –means the use of land or buildings for production and harvesting or extraction of any agricultural, forestry, or fisheries product.
2.81 “Resource Commercial Use” –means the use of a building or lot for the storage, display or sale of goods directly and primarily related to resource uses.
2.82 “Resource Industrial Use” –means the use of land or buildings for any industrial development directly associated with agriculture, fisheries or forestry industries.
2.83 “Restaurant” –means buildings or structures or part thereof where food and drink is prepared and offered for sale to the public.
2.84 “Retail Store” –means a building or part thereof in which foods, goods, wares, merchandise, substances, articles or things are offered or kept for sale directly to the public at retail.
2.85 “Rural Tourism Use” –means the use of a building or land for non-recreational commercial uses related to tourism, including rental accommodations and campgrounds.
2.86 “Salvage Yard” –means an area of land used for the storage, handling or processing of and sale of scrap material, and without limiting the generality of the foregoing, may include waste paper, rags, bones, used bicycles, vehicles, tires, metals or other scrap material or salvage, but shall not include a hazardous waste material storage or disposal site or recycling depot.
2.87 “Senior Citizen” –means a person deemed to be eligible for accommodation in a Senior Citizen Home under the terms of the PEI Housing Corporation Act or comparable Provincial statute.
2.88 “Senior Citizen Home” –means any home for Senior Citizens either privately sponsored or administered by any public agency or any service club either of which obtains its financing from federal, provincial or municipal governments or agencies or by public subscription or donations, or by a combination thereof, and shall include auxiliary uses such as lounges and recreation facilities usually associated with senior citizens ’developments, and solely for the use of its residents.
2.89 “Service Shop” –means a building or part thereof used for the sale and repair of household articles and shall include radio, television, and appliance repair shops but shall not include industrial, manufacturing or motor vehicle body repair shops.
2.90 “Sewerage Disposal System” –means any system or part thereof for disposing of sewage or waste by means of one or more settling or septic tanks and one or more disposal fields, and any other system or part thereof for sewage or waste disposal not directly connected to a municipal or approved central waste treatment system.
2.91 “Sign” –means a structure, device, light or natural object including the ground itself, or any part, or any device attached, or painted or represented on which shall be used to advertise, or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which display or include any letter, work, model, number, banner, flag, pennant, insignia, device or representation used as an announcement, direction, or advertisement, and which is intended to be seen from off the premises or from a parking lot.
2.92 “Storey” –means that portion of a building between any floor and ceiling or roof next above, provided that any portion of a building partly below grade level shall not be deemed a storey unless its ceiling is at least 1.8 m (approximately 6 feet) above grade and provided also that any portion of a building between any floor and ceiling or roof next above exceeding 4.2 m (approximately 14 feet) in height shall be deemed an additional storey.
2.93 “Street or Road” –see Highway, Section 2.44.
2.94 “Structure” –means any construction including a building fixed to, supported by or sunk into land or water, but excludes concrete and asphalt paving or similar surfacing and fencing and includes a swimming pool.
2.95 “Subdivision” –means a division of a parcel of land by means of a plan of subdivision, plan or survey, agreement, deed or any instrument, including a caveat transferring or creating an estate or interest in part of the parcel.
2.96 “Survey Plan” –means an appropriately scaled drawing of survey details, certified by a licensed Prince Edward Island land surveyor.
2.97 “Swimming Pool” –means any outdoor structure, basin, chamber, or tank used or which may be used for swimming, diving, or recreational bathing and having a depth of 60 cm (approximately 24 inches) or more at any point or with a surface area exceeding 10 square metres (108 square feet).
2.98 “Tourist Establishment” –means a dwelling in which is operated the business of providing or offering overnight accommodation for transient guests for ompensation.
2.99 “Use” –means any purpose for which a building or other structure or parcel of land may be designed, arranged, intended, maintained or occupied, and includes any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a parcel.
2.100 “Warehouse” –means a building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet, but shall not include facilities for a truck or transport terminal or yard.
2.101 “Watercourse” –shall have the same meaning as defined under the Environmental Protection Act Watercourse and Wetland Protection Regulations and in the case of any dispute the final determination shall be made by the Provincial Department having authority to enforce these Regulations.
2.102 “Wetland” –shall be defined as noted above under “Watercourse”.
2.103 “Yard” –means an open, uncovered space on a lot purtenant to a building and unoccupied by buildings or structures except as specifically permitted in this Bylaw and
2.104 “Zone” –means a designated area of land shown on the Official Zoning Map of the Bylaw within which land uses are restricted to those specified by this Bylaw.
SECTION #3 - DEVELOPMENT ZONES
For the purpose of this Bylaw the Community is divided into the following development zones, the boundaries of which are subject to Section 3.2 as shown in Appendix “A”on the Official Zoning Map. Such zones may be referred to by the appropriate symbols.
Zone | Symbol |
General Commercial | C1 |
Agricultural | A1 |
Public Service and Institutional | PSI |
Recreation and Open Space | 01 |
Environmental Reserve | 02 |
3.2 INTERPRETATION OF ZONE BOUNDARIES
Boundaries between zones as indicated in Appendix “A”shall be determined as follows:
Appendix “A”may be cited as the “Official Zoning Map’and forms a part of this Bylaw.
In this Bylaw, words used in the present tense include future; words in the singular number include the plural; the word “shall”is mandatory and not permissive; and the word “he”includes “she”.
Units of measure and conversion shall be in accordance with either Imperial or Metric standards.
SECTION #4 -
GENERAL PROVISIONS FOR
ALL ZONES
without first applying for, and receiving a permit from Council.
- change the use of a parcel of land or a structure;
- commence any “development”;
- construct or replace any structure or deck;
- make structural alterations to any structure;
- make any water or sewer connection;
- make any underground installation such as a septic tank, a fuel tank, a foundation wall or the like;
- move or demolish any structure;
- establish or operate an excavation pit;
- construct a highway;
- place, dump any fill or other material;
- subdivide or consolidate a parcel or parcels of land; or
- construct a fence over four (4) feet (1.2 m) high
shall not be interpreted as changing the use of land or a structure or constructing or replacing a structure, and shall not require a permit from Council.
- laying paving materials for patios or sidewalks;
- constructing fences of less than four (4) feet in height;
- installing clotheslines, poles, and radio or television antennae, except satellite dishes over 24”in (0.6 m) diameter;
- making a garden;
- growing a crop or preparing land for a crop;
- making landscaping improvements or constructing ornamental structures of less than 64 sq. ft. (6.4 sq. m); and
- conducting routine maintenance which has the effect of maintaining or restoring a structure or any of its elements to its original state or condition.
Notwithstanding any Section of this Bylaw, development permits are not valid and will not be recognized until the application fee and any other required fees are paid in full and the said permit is acquired by the developer.
A development permit shall be valid for a twelve-month period, or such additional time as may be authorized by Council.
Council may require an applicant to submit a site plan drawn to a convenient scale certifying the agreement of the applicant to develop the site in accordance with the plan. Such plan(s) to be submitted in duplicate, drawn to an appropriate scale and showing:
Council or its agent shall have the authority to impose conditions on a permit subject to such conditions being directly related to or consistent with bylaws of the Community or the Official Plan.
Council may require any applicant to enter into a Development Agreement. This Agreement shall be a contract binding on both parties, containing all conditions which were attached to the building permit. Failure to comply with a Development Agreement shall constitute an offense under this Bylaw.
A Development Agreement may address but shall not be limited to the following matters:
4.8 EXISTING NON-CONFORMING LOTS
4.10 EXISTING NON-CONFORMING BUILDINGS
Where a building has been erected on or before the effective date of this Bylaw on a lot having less than the minimum frontage or area, or having less than the minimum setback or side yard or rear yard required by this Bylaw, the building may be enlarged, reconstructed, repaired or renovated provided that:
Council may require an applicant to submit any additional information related to the development, which it deems pertinent, including but not limited to the following:
- no reasonable provision can be made to provide access to a public street;
- safe ingress and egress from the lot can be provided;
- an agreement is registered in the PEI Registry Office, binding on all land owners abutting or fronting on the private right-of-way providing for the long term ownership and maintenance of the right-of-way, such agreement shall be binding on all heirs, successors and assigns of the current property owners.
Where an entranceway permit is required under theRoads Act Highway Access Regulations, its issuance shall be a precondition of the approval of a subdivision or development permit.
No person shall construct or use any access driveway except where that access driveway meets the minimum sight distance standards as established under thePlanning Act or the Roads Act.
Council shall not issue a development permit for a development if, in the opinion of Council:
No person shall erect more than one main building on a lot except:
4.17 ACCESSIBILITY/BARRIER FREE DESIGN
No development permit shall be issued for a building intended to serve the public until Council receives a “Conformation of Receipt of a Quality Control Plan”from the Provincial Government, pursuant to the Barrier Free Design Regulations or subsequent regulations invoked for the same purpose.
Except for accessory buildings, every part of any yard required by this Bylaw shall be open and unobstructed by any structure from the ground to the sky.
Council may require the applicant to submit a Construction Plan for the development addressing such details as construction phasing, stockpiling of soil, temporary screening or fencing, erosion or run-off control measures, heavy truck access and any other item which could in the opinion of Council present a nuisance or hazard during construction.
Nothing in this Bylaw exempts any person from the requirement to obtain any permit, license, permission, authority or approval required by any other regulations or laws in force.
No person shall carry out any site work in any zone which may create a nuisance, hardship or other inconvenience to persons in the vicinity.
4.23 AUTHORIZATION FOR INSPECTION
An application for a development permit shall constitute authorization for inspection of the building or land in question by an officer or agent of the Community for the purpose of ensuring compliance with the provisions of this Bylaw.
Accessory uses, buildings and structures shall be permitted on any lot but shall not:
Satellite dishes greater than 2 feet (0.6 m) in diameter shall not be erected in any zone in the Community unless a special permit has been issued by Council.
Notwithstanding this above provisions, Council may issue a special development permit for an accessory structure located within the front yard or flanking side yard of a lot, where Council is satisfied the structure will be architecturally compatible with adjacent structures and no permanent injury would be caused to adjoining properties, subject to such conditions as Council may impose.
One (1) accessory apartment unit may be constructed within or as an addition to an existing single family dwelling under the following conditions:
All permits shall be posted by the developer in a location easily visible for viewing.
No building shall be moved within or into the area covered by this Bylaw without a development permit and such other permits as may be required by law.
The height regulations of this Bylaw shall not apply to church spires, water tanks, flag poles, lighting standards, television or radio antennae, ventilators, skylights, chimneys, clock towers, or utility poles.
On a corner lot, a fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall not be erected or permitted to grow to a height greater than two feet above grade of the streets which abut the lot within the triangular area indicated by the street boundary lines for a distance of 20’(6 m) from their point of intersection.
4.30 PERMITTED USES IN ALL ZONES
The following uses are permitted in all zones:
4.31 CONSTRUCT IN ACCORDANCE WITH APPLICATION
Any person who has been granted a development permit shall agree to develop in accordance with the information given on the prescribed application form and the conditions laid down by the development permit or development agreement and shall comply therewith.
4.33 UNDERGROUND PETROLEUM STORAGE TANKS
Underground Petroleum Storage Tanks shall require a development permit from the Community before installation may proceed. In processing such application, the Community shall refer the application initially to the government authority having jurisdiction for these facilities whereupon such application will be processed in accordance with applicable regulations. The Community shall not issue a permit to the Developer until it has received WRITTEN approval from the appropriate authority. However, the written approval of the latter shall not alone be conclusive of the right to have a permit issued hereunder.
The installation of a swimming pool shall be permitted in any zone in accordance with the following provisions:
Where the Development Officer is unable to determine whether the proposed development conforms to this Bylaw and other bylaws and regulations in force which affect the proposed development, Council may require that the plans submitted under this Section be based upon an actual survey by a licensed Prince Edward Island Land Surveyor.
4.36 CERTIFICATE OF COMPLIANCE
As a condition of any development permit Council may require that any applicant shall not use or occupy, or being the owner thereof, shall not permit any building or premises, or part thereof, to be used or occupied after it has been erected, altered, placed or reconstructed until there has been issued to the owner an official certificate of compliance certifying that the building or premises or part thereof conform to the provisions of this Bylaw and any conditions noted on the development permit or the development agreement.
No building shall be erected or placed except in conformance with the finished grade for its site adjacent structures or the road, after its construction.
4.40 BUSINESSES IN AGRICULTURAL ZONES-IN-HOME OCCUPATIONS
Where a property is used for domestic and household arts, or business and professional offices in a Agricultural zone, the following shall apply:
- Dressmaking and tailoring
- Hairdressing
- Instruction in the arts (music, dance, etc.)
- Arts and crafts, weaving, painting, sculpture, and repair of garden or household ornaments, personal effects or toys.
4.41 RECREATIONAL TRAILERS OR VEHICLES
Mobile homes shall not be permitted to be located within any zone.
Bed and breakfast establishments shall be permitted to operate in any single family residence in any Agricultural Zone subject to the following:
Notwithstanding 4.43.2 above, Council may authorize a larger number of rooms, where it is deemed that such a development is appropriate and there would be no significant inconvenience or nuisance to adjoining properties.
SECTION #5 –WIND ENERGY SYSTEMS
For the purpose of this section the following definitions shall apply:
Wind Energy System (WES)
A Wind Energy System consists of a wind turbine, a tower, guy wires and associated
control or conversion electronics to convert wind mechanical energy to electricity.
On-site Wind Energy System (OWES)
An On-Site Wind Energy System consisting of a wind turbine, a tower, and associated
control or conversion electronics, which is intended to provide electrical
power for on-site use only and is not intended or used to produce power for
resale or distribution. An OWES might be connected to the local utility grid
or be off-grid. On-site wind energy systems are classified as follows:
Commercial Wind Energy System (CWES):
A Commercial Wind Energy System is a system, which is intended to produce
electricity for resale or distribution purposes. A commercial wind energy system
could consist of a single freestanding windmill or a cluster of a number of
windmills situated in the same location called a wind farm.
Turbine:
The parts of a wind system including the rotor, generator and tail.
Total System Height
The height from ground level to the top of the rotor at its highest point.
Wind Turbine Tower:
The guyed or freestanding structure that supports a wind turbine generator.
Wind Turbine Tower Height:
The height above grade of the fixed portion of the wind turbine tower, excluding
the wind turbine and rotor.
Off-grid:
A stand-alone generating system not connected to or in any way dependent on
the utility grid.
Behind the meter:
A generating system producing power for use on a grid-connected property,
but which system may or may not be capable of sending power back into the utility
grid.
Establishment of micro wind energy systems (with a rated capacity not more than 5 KW) shall be permitted in all zones subject to meeting all requirements of this section and any other relevant provisions of this Bylaw.
No person shall erect, construct or install a wind energy system without first obtaining a development permit from Council. All OWES(s) shall be constructed and operated in a manner that minimizes any adverse visual, safety and environmental impacts.
No permits shall be issued for a Commercial Wind Energy System (CWES) without an amendment to this Bylaw.
5.3 DEVELOPMENT PERMITS AND AGREEMENTS
Council may issue a Development Permit for the establishment of an OWES with a rated capacity between 5 and 100 KW, subject to a written development agreement signed by the applicant pursuant to such terms and conditions, as Council deems necessary. Prior to the issuance of a development permit, Council shall ensure that:
5.4 SHARED WIND ENERGY SYSTEMS
An on-site SWES with a rated capacity between 5 and 100 KW shared by multiple Single Family Dwellings may be permitted subject to meeting the requirements of Section 5.3.
5.5 WALL OR ROOF-MOUNTED SYSTEMS
Considering wind energy fast pace technology, emerging new structures, materials and specifications, every small wind energy system fixed to a building shall be considered individually.
The Wind Turbine Tower Height is subject to the setback requirements below, and provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.
Council may waive setback requirements from adjacent properties if such adjacent property owner agrees to grant an easement binding on the current and future owners.
In addition to satisfying the minimum setback requirement noted above, the minimum distance of a freestanding wind turbine from an inhabited dwelling shall meet the setback requirements for the noise generated (see section 5.8 below).
Shadow flicker at any point of neighbouring inhabited dwelling shall be minimized and not be permitted to exceed 30 hours per year as a result of the operation of the wind turbine.
A maximum of one small wind turbine (OWES) per property is permitted.
5.11 COMPLIANCE WITH CANADIAN BUILDING CODE
Permit applications for small wind energy systems (OWES) shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings, anchoring method and drawn to scale. An engineering analysis of the wind turbine tower showing compliance with the Canadian Building Code and certified by a licensed professional mechanical, structural, or civil engineer shall also be submitted. Documentation of this analysis supplied by the manufacturer shall be accepted.
5.12 COMPLIANCE WITH AIR TRAFFIC SAFETY REGULATIONS
Where it is required, small wind energy systems must comply with applicable air traffic safety regulations. A statement on compliance by the applicant is sufficient. Transport Canada must be notified of the location (latitude and longitude) and height of all wind turbine installations through the aeronautical clearance application process. Small wind turbine towers shall not be artificially lighted except as required by Navigation Canada.
5.13 COMPLIANCE WITH EXISTING ELECTRIC CODES
Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to existing electrical codes, if applicable.
No grid-interconnected wind energy system shall be installed until evidence has been provided that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. A copy of a letter to the applicant’s utility is sufficient. No response or evidence of approval from the utility is required.
Off-grid systems and grid-tied systems that are capable of feeding onto the grid with advanced control grid fault protection and disconnect switches covered under the electrical code shall be exempt from this requirement.
5.15 ABANDONMENT OR DECOMMISSIONING
Should a wind energy system located on a site appear to Council to have discontinued producing power for a minimum one year, the system’s owner must upon request from Council, prepare a status report. Following review of the status report, if in the opinion of Council power will not be produced on the site within a reasonable period of time, Council may order that the wind energy system located on the site be decommissioned in accordance with the decommissioning plan submitted at the time of the issuance of the development permit.
Applications shall contain the following information:
All towers or poles must be un-climbable by design or protected by anti-climbing devices such as:
- fences with locking portals at least 1.8metres (6 feet) high;
- anti-climbing devices 3.7 metres (12 feet) from the base of the pole;
- guy wires shall be marked in a fashion to make them clearly visible with reflective guy wire guards to a minimum height of 1.8 metres (6 feet) from the ground up;
- lighting of the facility shall be prohibited, unless required by Transport Canda;
- warning signs shall be posted at each property line and each guy wire location;
- no signs shall be displayed on any part of the WES. Manufacturer’s logos may be displayed only on the nacelle and shall be no larger than 0.02 square metres (0.25 sq. ft.);
- the WES shall be designed and placed in such a manner to consider all adverse visual impacts on neighbouring areas. The colours and surface treatment of the WES and supporting structures shall minimize disruption of the natural characteristics of the site.
Preliminary approval of the WES shall only be granted after successful completion of the application in conformance with this Bylaw and subject to the provisions contained herein. Only then shall be applicant proceed to construct the WES.
Final approval of the WES shall only be granted after successful inspection by a professional engineer licensed to practice in the Province of Prince Edward Island. Only then shall the applicant proceed to operate the WES.
If any provision of this Section shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
No Person shall Erect, Alter or enlarge a Sign within the boundaries of the Community of Hazelbrook except in conformance with the provisions of this Section and any other relevant provisions of this Bylaw, and without first applying for and receiving a permit from the Community.
6.5 SIGNS PERMITTED IN ALL ZONES
- Signs identifying the name and address of a Resident and not more than 0.3 square metres (465 square inches) in area;
- Signs for regulating the Use of Property such as “NO TRESPASSING”and of not more than 0.3 square metres (465 square inches) in area;
- real estate Signs, placed on the Lot, which advertise the sale, rental or lease of a Lot or Building on a Lot of not more than 0.93 square metres (10 square feet);
- on-premise directional or traffic control Signs not more than 0.3 square metres (465 square inches) in area;
- Signs erected by a government body or under the direction of a government body;
- Memorial Signs or Tablets;
- Community identification Signs;
- outdoor recreational facility identification Signs of not more than 3.7 square metres (40 square feet) in area;
- entrance Display identification Signs for residential neighbourhoods or business parks of not more than 3.7 square metres (40 square feet) in area;
- the flag or insignia of any government, religious, charitable or fraternal organization;
- temporary election Signs;
- Temporary Signs advertising a construction firm in the area where the construction is taking place;
- church identification Signs; and
- flags and buntings exhibited to temporarily commemorate national or civic holidays and temporary banners announcing charitable events, civic events, or grand openings.
- signs erected pursuant to Sections 4.40 and 4.43.
6.6 SIGNS PROHIBITED IN ALL ZONES
- flashing Signs, Roof Signs, Signs containing moving parts and reflective elements which sparkle or twinkle when lighted or Signs containing strings of bulbs;
- Signs which Use the words “stop”, “caution”, “danger”or incorporate red, amber or green lights resembling traffic signals, or resemble traffic control Signs in shape or colour, except government traffic or regulatory Signs;
- and Signs which, in the opinion of the Development Officer, represent a safety hazard;
- any Signs that obstruct or detract from the visibility or effectiveness of any traffic Sign or control device or constitutes a hazard to pedestrian or vehicular traffic due to restriction of view planes at intersections or due to the intensity or direction of illumination;
- any Signs that obstruct the free egress from any fire exit door, window, or other required exit way;
- Signs painted on, attached to, or supported by a tree, or other natural objects, with the exception of Signs included in Section 6.5 (1) (ii);
- Off Premise Signs; and
- Signs painted, embossed or applied to the roof a building.
SECTION #7 –PARKING REQUIREMENTS
For every building to be erected, placed, used or enlarged, there shall be provided and maintained off-street parking on the same lot to the extent, at least, prescribed in this Section.
Primary Type of Building | # of Parking Spaces | |
i) | Single Family Dwelling | 2 parking spaces |
ii) | Duplex Dwelling | 2 parking spaces for each unit |
iii) | Multiple Family Dwelling | 1.5 parking spaces per dwelling unit |
iv) | Hotel, Motel or other Tourist Establishment | 1 parking space per quest/room or rental unit and 1 parking space for each 23 sq. m. (250 sq. ft.) of floor area devoted for public use (e.g. banquet rooms, lounge) |
(v) | Auditoriums, churches, halls, libraries, museums, theatres, arenas, private clubs, and other places of assembly | Where there are fixed seats, 1 parking space for every four (4) seats; where there are no fixed seats, the seat count will be based on the Fire Marshall’s seating capacity rating. |
vi) | Hospitals and Nursing Homes | .75 parking spaces per bed |
vii) | Senior Citizens Apartments and Community Care Facilities | 1.0 parking spaces per dwelling unit |
viii) | Elementary School | 1.5 parking spaces per teaching classroom and 1 parking space for each six seats of seating capacity in the auditorium |
ix) | Funeral Home | 1 parking space per four seats of seating capacity |
x) | Business and Professional Offices, Service and Personal Service Shops | 1 parking space per 28.0 sq. meters (300 sq. ft.) of floor area. |
xii) | Shopping Centre (Indoor Mall) | 1 parking space per 18.6 sq. meters (200 sq. ft.) of gross floor area |
xiii) | Restaurant or Lounge | 1 parking space per four seats of seating capacity |
xiv) | Other Commercial/Retail Stores | 1 parking space per 14 sq. meters (150 sq. ft.) of floor area |
xv) | Industrial | 1 parking space per 28 sq. meters (300 sq. ft.) of floor area or 1 parking space per employee, whichever is greater. |
xvi) | Secondary School, Colleges | As determined by Council at the time of application. |
Additional parking spaces may be required, if in the opinion of Council the spaces required under Section 7.2 will not meet anticipated parking requirements.
Where parking facilities are required or permitted:
SECTION #8 -
GENERAL COMMERCIAL ZONE (C1)
Except as provided in this bylaw, all buildings and parts thereof erected, placed or altered or any land used in a C1 Zone shall conform with the provisions of this Section.
No building or part thereof and no land shall be used for purposes other than:
Notwithstanding Section 8.2 above, Council may issue a special development permit for the following uses where it deems the development is appropriate, all other relevant provisions of this Bylaw are met and subject to such conditions as Council may impose:
The following regulations shall apply to development in a C1 Zone:
All lots shall also conform to the Provincial Minimum Lot Standards as noted in Appendix “B”. (see attached)
8.5 SPECIAL REQUIREMENTS: COMMERCIAL ZONES ADJACENT TO AGRICULTURAL ZONES
Notwithstanding any other provision of this Bylaw, where a Commercial Development located on lands zoned General Commercial (C1) directly abuts on any Agricultural zone, the following conditions shall be complied with:
8.6 DWELLINGS IN COMMERCIAL BUILDINGS
Where a dwelling unit is provided in connection with a commercial use the following minimum standards shall apply:
8.7 TRANSIENT OR TEMPORARY COMMERCIAL PERMITS
Notwithstanding any other provisions of this Bylaw, temporary permits may be issued for a transient-type Commercial operation subject to compliance with the following:
8.8 AUTOMOBILE SERVICE STATION
8.9 PARKING IN FRONT OF BUILDING
Where parking is provided in front of any building in a C1 Zone a five foot (5’) (1.5 m) landscaped buffer shall be provided between the parking area and the street boundary.
SECTION #9 - AGRICULTURAL ZONE (A1)
Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any land used in an A1 Zone shall conform with the provisions of this Section.
No building or part thereof and no land shall be used for purposes other than:
Notwithstanding Section 9.2 above, Council may issue a special development permit for the following uses where it deems the development is appropriate, all other relevant provisions of this Bylaw are met, and subject to such conditions as Council may impose:
The following requirements shall apply to all uses in the Agricultural (A1) Zone:
9.5 INTENSIVE LIVESTOCK OPERATIONS
SECTION #10 -
RECREATION AND OPEN SPACE ZONE
(01)
Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any land used in a 01 Zone shall conform with the provisions of this Section.
No buildings or part thereof and no land shall be used for purposes other than:
All lots shall also conform to the Provincial Minimum Lot Standards as noted in Appendix “B”. (see attached)
SECTION 11 -
PUBLIC SERVICE AND INSTITUTIONAL
ZONE (PSI)
Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any land used in a PSI zone shall conform with the provisions of this Section.
No building or part thereof and no land shall be used for purposes other than:
All lots shall also conform with the Provincial Minimum Lot Standards as noted in Appendix “B”. (see attached)
Where parking is provided in front of any building in a PSI Zone a fifteen foot (15’) (4.5 m) landscaped buffer shall be provided between the parking area and the street boundary.
SECTION #12 - ENVIRONMENTAL RESERVE ZONE (02)
Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any land used in a 02 Zone shall conform with the provisions of this Section.
No building or part thereof and no land shall be used for purposes other than:
The Zone Boundaries shall be interpreted to include all the area defined as either a “wetland”or “watercourse”in Section 2 and in addition shall include the area within fifteen metres (50 feet) of a “wetland”or “watercourse”.
Within an Enviromental Reserve 02 Zone no development may occur and no disturbance to the ground soil or vegetation shall occur except in conformance with the Watercourse and Wetland Protection Regulations made pursuant to the Environmental Protection Act.
- the variance does not violate the general intent and purpose of this Bylaw;
- the variance is for a unique circumstance and is not a difficulty common to properties in the area;
- the circumstance for which the variance is requested is not the result of an intentional disregard for the requirements of this Bylaw; and
- there is, in the opinion of Council, no reasonable alternative.
13.2 VARIANCES GREATER THAN 10%
14.1 APPLICATION FOR AMENDMENT
Any person desiring an amendment (s) to the provisions of these Bylaws shall apply to Council, in writing, describing, in detail, the reasons for the desired amendment(s) and requesting Council to consider the proposed amendment(s).
14.2 APPLICATION FOR RE-ZONING
14.4 NOTICE TO PROPERTY OWNERS
SECTION #15 -
GENERAL PROVISIONS FOR SUBDIVIDING LAND
No person shall subdivide one or more lots or any portion of a lot and no person shall consolidate two or more parcels of land until the conditions of this Bylaw have been complied with and the applicant has received final approval from the Council.
15.2 CONVEYING INTEREST IN A LOT
No person shall sell or convey any interest in a lot in a subdivision before Council has issued a stamp of approval for the subdivision in which the lot is
situated.
No person shall subdivide land within the Community unless the subdivision:
15.5 SPECIAL REQUIREMENTS –AGRICULTURAL (A1) ZONE
- a residential Subdivision shall not be permitted within 150 metres (500 feet) of an existing intensive livestock operation.
- where a residential Subdivision is proposed, Council shall notify operators of intensive livestock operations within 300 metres (1,000 feet) and invite their comments.
- where a new intensive livestock operation is proposed within 300 metres (1,000 feet) of an existing residential Subdivision Council shall notify the Property owners and invite their comments.
15.6 SPECIAL REQUIREMENTS –COASTAL SUBDIVISIONS
- public access to the beach or Watercourse if the Property being subdivided includes frontage on a beach or Watercourse, with at least one access to be located approximately every 200 metres (656 ft.) of Watercourse Frontage;
- where appropriate, the area to be set aside as Parkland dedication shall be located at least in part along the Watercourse; and
- beach and Watercourse accesses shall measure at least 20 ft. (6.1 metres) in width.
15.7 PARKLAND DEDICATION AND/OR PARK DEDICATION FEE
Except for the severing of a single lot for residential purposes, any person who severs two (2) or more lots within the Community may, at the time of subdivision, be required to dedicate and deed to the Community, free of all encumbrances, 10 percent (10%) of the land included in the subdivision, to the Community for recreation and public open space purposes; as per the following:
Council may require an applicant to enter into a subdivision agreement as a condition of subdivision approval. The subdivision agreement may cover any matters as required by Council and may include, but be limited to the following:
All subdivision agreements require registration with the Registry of Deeds.
15.9 APPLICATION AND APPROVAL PROCESS
Environmental impacts, including any requirements imposed by provincial legislation
or regulations;
15.11 SEVERANCES/CONSOLIDATION
Notwithstanding the above provisions, Council may approve applications for single lot subdivisions, partial lots or easements and lot consolidations at its discretion, having regard for only those provisions which it deems applicable to each individual application, provided the application conforms with all other Sections of this Bylaw.
A building permit shall not be issued in a subdivision until all the requirements of the subdivision approval have been fulfilled.
SECTION #16 - APPEAL AND ENFORCEMENT
A person who violates any provision of this Bylaw is guilty of an offence and liable on summary convictions.
This Bylaw shall come into force effective __________________________________.
The Community of Hazelbrook Zoning and Subdivision Control Bylaw is hereby repealed.
APPENDIX “A”- OFFICIAL ZONING MAP
Zoning Map - PDF (October 28, 2009) (2.69MB)
1. Notwithstanding any provisions of this Bylaw, no person shall subdivide a lot intended to be serviced by an on-site sewerage system except in conformance with the minimum lot size standards noted in Table 1 and Table 2 below.
TABLE 1
MINIMUM LOT SIZE STANDARDS
RESIDENTIAL DEVELOPMENTS
a) Servicing |
b) Lot Category |
c)
Minimum Lot Frontage |
d) Number of Dwelling Units |
e)
Minimum Lot Area sq. ft./sq. m |
f)
Minimum Circle Diameter to be contained within the boundaries of the lot feet/metres |
On-site water supply and on-site sewerage disposal system |
I |
100 feet/ 30.5 m (or 50 feet/15.25 m, where the frontage is on the interior curve of a street) |
1 2 3 4 more than 4 |
25,000 sq.ft./2,322.5 sq.m 30,000 sq.ft./2,787 sq.m 35,000 sq.ft./3,251.5 sq.m 40,000 sq.ft./3,717 sq.m 40,000 sq.ft./3,717 sq.m plus 1,500 sq.ft./457 sq.m for each additional unit |
150 ft./ 45.7 m 160 ft./ 48.8 m 175 ft/ 53.3m 200 ft./ 61m 200 ft./ 61 m |
On-site water supply and on-site sewage disposal system |
II |
100 feet/ 30.5 m (or 50 feet/15.25 m, where the frontage is on the interior curve of a street) |
1 2 3 4 more than 4 |
35,000 sq.ft./3,251.5 sq.m 40,000 sq.ft./3,717 sq. m 45,000 sq.ft./4,180.5 sq.m 50,000 sq.ft./4,645 sq. m 50,000 sq. ft./4,645 sq.m, plus 1,500 sq.ft./457sq. m for each additional unit |
175 ft./ 53.3 m 200 ft./ 61 m 225 ft./ 68.6 m 250 ft./ 76.2 m 250 ft./ 76.2 m |
On-site water supply and on-site sewage disposal system |
III |
100 feet/ 30.5 m (or 50 feet/15.25 m, where the frontage is on the interior curve of a street) |
1 2 3 4 more than 4 |
51,000 sq.ft./4,738 sq.m 56,000 sq.ft./5,202 sq. m 61,000 sq.ft./5,667 sq. m 66,000 sq.ft./6,131 sq. m 66,000 sq.ft./6,131 sq.m Plus 1,500 sq.ft./457 sq.m for each additional unit |
225 ft./ 68.6 m 250 ft./ 76.2 m 275 ft./ 83.8 m 300 ft./ 91.4 m 300 ft./ 91.4 m |
On-site water supply and on-site sewage disposal system | IV | 100 feet/ 30.5 m (or 50 feet/15.25 m, where the frontage is on the interior curve of a street) |
1
2 3 4 more than 4 |
75,000
sq.ft./6,975 sq.m
80,000 sq.ft./7,440 sq. m. 85,000 sq. ft./7,905 sq. m 90,000 sq. ft./8,370 sq. m 90,000 sq. ft./8,370 sq. m plus 1,500 sq. ft./457 sq. m for each additional unit |
300 ft./68.6 m
|
On-site water supply and on-site sewage disposal system |
V |
N/A |
N/A |
Not developable |
N/A |
Central water supply and on-site sewage disposal system |
I |
50 feet/ 15.25 metres |
1 2 3 4 more than 4 |
20,000 sq. ft./1,858 sq. m 25,000 sq. ft./2,322.5 sq. m 30,000 sq. ft./2,787 sq. m 35,000 sq.ft./3,251.5 sq.m 35,000 sq.ft./3,251.5 sq.m plus 1,500 sq.ft./457 sq.m for each additional unit |
125 ft./ 38.1 m 150 ft./ 45.7 m 160 ft./ 48.8 m 175 ft./ 53.3 m 175 ft./ 53.3 m |
Central water supply and on-site sewage disposal system |
II |
50 feet/ 15.25 m |
1 2 3 4 more than 4 |
25,000 sq.ft./2,322.5 sq.m 30,000 sq. ft./2,787 sq.m 35,000 sq.ft./3,251.5 sq.m 40,000 sq. ft./3,717 sq.m 40,000 sq. ft./3,717 sq.m plus 1,500 sq.ft./457 sq.m for each additional unit |
150 ft./ 45.7 m 160 ft./ 48.8 m 175 ft./ 53.3 m 200 ft./ 61 m 200 ft./ 61 m |
Central water supply and on-site sewage disposal system |
III |
50 feet/ 15.25 metres |
1 2 3 4 more than 4 |
40,000 sq. ft./3,717 sq.m 45,000 sq.ft./4,180.5 sq.m 50,000 sq. ft./4,645 sq. m 55,000 sq, ft,/5,110 sq.m 55,000 sq. ft./5,110 sq. m plus 1,500 sq.ft/457 sq.m for each additional unit |
200 ft./ 61 m 225 ft./ 68.6 m 250 ft./ 76.2 m 275 ft./ 83.8 m 275 ft./ 83.8 m |
Central water supply and on-site sewage disposal system | IV | 50 feet/ 15.25 metres |
1
2 3 4 more than 4 |
60,000 sq.
ft./5,580 sq. m
65,000 sq .ft./6,450 sq. m 70,000 sq. ft./6,510 sq. m 75,000 sq. ft./6,975 sq. m 75,000 sq. ft./6,975 sq. m 1,500 sq.ft/457 sq.m for each additional unit |
275 ft./83.8 m
|
Central water supply and on-site sewage disposal system | V | N/A | N/A | Not developable | N/A |
On-site water supply and central waste treatment system |
I or II |
50 feet/ 15.25 metres |
1 2 3 4 more than 4 |
15,000 sq.ft./1,.393.5 sq.m 20,000 sq.ft./1,858 sq. m 25,000 sq.ft./2,322.5 sq.m 30,000 sq.ft./2,787 sq.m 30,000 sq.ft./2,787 sq.m plus 1,500 sq.ft./457 sq.m for each additional unit |
100 ft./ 30.5 m 125 ft. 38.1 m 150 ft./ 45.7 m 160 ft./ 48.8 m 160 ft./ 48.8 m |
On-site water supply and central waste treatment system |
III |
50 feet/ 15.25 metres |
1 2 3 4 more than 4 |
20,000 sq.ft./1,858 sq.m 25,000 sq.ft./2,322.5 sq.m 30,000 sq.ft./2,787 sq. m 35,000 sq.ft./3,251.5 sq.m 35,000 sq.ft./3,251.5 sq.m plus 1,500 sq.ft./457 sq.m for each additional unit |
125 ft./ 38.1 m 150 ft./ 45.7 m 160 ft./ 48.8 m 175 ft./ 53.3 m 175 ft./ 53.3 m |
Central water supply and waste treatment systems |
I, II or III |
n/a |
any number |
as determined by the Minister |
as determined by the Minister |
TABLE 2
MINIMUM LOT SIZE STANDARDS:
NON-RESIDENTIAL LOTS
a) Servicing |
b) Lot Category |
c) Minimum Lot Frontage |
c) Minimum Lot Area |
d) Minimum Circle Diameter to be contained within the boundaries of the Lot feet/metres |
On-site water and on-site sewage disposal system |
I |
100 feet/ 30.5 metres (or 50 ft/15.25 metres, where the frontage is on the interior curve of a street) |
25,000 sq. ft./2,322.5 sq. m |
150 ft./ 45.7 m |
On-site water and on-site sewage disposal system |
II |
100 feet/ 30.5 metres (or 50 ft/15.25 metres, where the frontage is on the interior curve of a street) |
35,000 sq. ft./3,251 sq. m |
175 ft./ 53.3 m
|
On-site water and on-site sewage disposal system |
III |
100 feet/ 30.5 metres (or 50 ft/15.25 metres, where the frontage is on the interior curve of a street) |
51,000 sq. ft./4,738 sq. m |
225 ft./ 68.6 m
|
Central water supply and on-site sewage disposal system |
I |
50 feet/ 15.25 metres |
20,000 sq. ft./1,858 sq. m
|
125 ft./ 38.1 m |
Central water supply and on-site sewage disposal system |
II |
50 feet/ 15.25 metres |
25,000 sq. ft./2,322.5 sq. m |
150 ft./ 45.7 m |
Central water supply and on-site sewage disposal system |
III |
50 feet/ 15.25 metres |
35,000 sq. ft./3,251.5 sq. m |
175 ft./ 53.3 m |
On-site water supply and central waste treatment system |
I, II or III |
50 feet/ 15.25 metres |
15,000 sq. ft./1,393.5 sq. m |
100 ft./ 30.5 m |
Central water supply and waste treatment system |
I, II or III |
n/a |
As determined by the Minister |
As determined by the Minister |