Contents

1. 0 INTRODUCTION
1.1 Purpose
1.2 Title Application
1.3 Application

2. 0 INTERPRETATION
2.1 Zone Boundaries
2.2 Certain Words

3. 0 ADMINISTRATION
3.1 Development Permit Application
3.1.1 Withdrawal of Application
3.2 Subdivision Application
3.3 Fees
3.3.1 Government Fees
3.3.2 Bylaw Amendment / Variance Fees
3.4 Public Meeting
3.4.1 Requirements
3.5 Enforcement
3.5.1 Inspection
3.5.2 Penalty
3.6 Procedure for Bylaw Amendment
3.7 Procedure for Variance
3.7.1 Variance (10%)
3.8 Appeals
3.9 Effective Date of Bylaw
3.10 Repeal

4. 0 ZONES AND ZONING MAP
4.1 Zones
4.2 Zoning Map

5. 0 GENERAL PROVISIONS
5.1 Subdivisions
5.2 Development Permits
5.3 Sewage Disposal Permits
5.4 Approval with Conditions
5.4.1 Owner ensures Compliance
5.4.2 Development Agreement
5.5 Other Approvals Required
5.6 Variance
5.6.1 No Variance for Sight Distance
5.7 Non - Conforming Buildings
5.7.1 Expansion
5.7.2 Abandonment
5.7.3 Damaged
5.8 Non - Conforming Lots
5.9 Non - Compliance
5.10 Development Private Road
5.11 Classification of Public Highways
5.12 Subdivision Roads
5.12.1 Exception
5.12.2 Public Roads
5.12.3 Privately - Owned Subdivision Roads
5.13 Minimum Sight Distance
5.14 Subdividing along Public Highways
5.14.1 Collector Highways
5.14.2 Seasonal Highways
5.14.3 Non-Essential Highways
5.14.4 Access
5.15 Lot Categories
5.15.1 Lot does not comply with category standards
5.16 Lot Revisions
5.17 Building Setbacks along Public Highways
5.18 Building Setbacks along Private Roads or Rights-of-Ways
5.18.1 Exception
5.18.2 Exception
5.19 Setbacks from Beaches, Sand Dunes, Wetlands and Watercourses
5.19.1 Exception
5.19.1.1 Exception
5.19.2 Top of Bank
5.19.3 Miscellaneous Structures
5.20 Public Utility Lots and Lots not Requiring Servicing
5.20.1 Change of Use of Excepted Lot
5.21 Panhandle Lots
5.21.1 Driveway Area Discounted
5.21.2 Additional Panhandle Lots
5.22 Diminishing Lot Below Standards
5.23 Buffers
5.23.1 Increased Buffer
5.23.2 Development Prohibited in Buffer
5.23.3 Ownership of Buffer
5.23.4 Forested Buffer
5.24 Primary, Secondary or Baymouth Barrier Sand Dunes
5.24.1 Other Dunes
5.25 Grouped Buildings
5.26 Additional Dwelling Exception
5.27 Garden Suites
5.27.1 Time Period
5.27.2 Removal
5.27.3 Extension
5.28 Resort Development
5.29 Travel Trailer
5.29.1 Time period
5.29.2 Removal
5.29.3 Tent /Trailer Campsite
5.30 Mobile Homes
5.31 Mobile Home Park
5.32 Multiple Unit Dwelling
5.33 Subdivision of Semi-Detached Duplex Dwellings
5.33.1 Exception
5.34 Semi-Detached Dwellings
5.35 Home Occupation
5.36 Bed & Breakfast
5.37 Accessory Buildings
5.37.1 Exception
5.38 Intensive Livestock Operation
5.38.1 Residential Dwellings from Intensive Livestock Operations
5.39 Landscaping
5.40`Outdoor Area Lights
5.41 Intersection Triangle
5.42 Temporary Construction Camps
5.43 Entrance Ways: Sight Distance
5.44 Parking
5.44.1 Exception
5.44.2 Other requirements
5.45 Campground
5.46 Minimum Building Material Standards
5.47 Truck, Bus and Coach Bodies
5.48 Outdoor Swimming Pools
5.49 Forested Area adjacent to Watercourse or Wetland
5.50 Renewable Energy Generation Facilities
5.50.1 Exception
5.50.2 Development Permit
5.50.3 Subdivision Exemption

6.0 SUBDIVISIONS
6.1 Principles
6.2 Subdivision Approval
6.2.1 Naturally Subdivided
6.2.2 Independent Sale
6.3 Preliminary Approval
6.3.1 Expiry
6.3.2 Site Assessment Report
6.4 Final Approval
6.4.1 Survey not Required
6.4.2 Idem
6.4.3 Preliminary Approval prior to this Bylaw
6.4.4 Final Survey Plan Stamping
6.5 Rescind or Alter Approval
6.6 Phasing
6.6.1 Number of Lots
6.6.2 Sixty Percent before Next Phase
6.7 Public Meeting for Subdivisions Greater than five (5) Lots

7.0 DEVELOPMENT PERMITS
7.1 Development Permit Required
7.1.1 Expiry
7.1.2 Revocation or Alteration
7.1.3 Site Plan

8.0 RURAL (R) ZONE
8.1 Permitted Uses
8.2 Special Permitted Uses
8.2.1 Multi-Unit Dwellings
8.2.2 Mobile Home Park
8.2.3 Resort Development
8.2.4 Campground
8.2.5 Medium and Large Capacity Renewable Energy Generation Facilities
8.2.6 Comprehensive Site Plan
8.3 Minimum Lot Size Standards
8.3.1 Sewage Disposal System
8.3.2 Reduced Circle Requirement
8.4 Minimum Building Setbacks from Property Lines
8.4.1 Exception

9.0 CONSERVATION ZONE (O3)
9.1 Permitted Uses
9.2 Minimum Lot Size Standards

10.0 MARINE PROTECTION ZONE (MP)
10.1 Permitted Uses
10.2 Minimum Standards
10.2.1 Increased Lot Size for Residential Units
10.3 Special Permitted Uses
10.4 Medium and Large Capacity Renewable Energy Generation Facilities

APPENDICES
Maps
Schedule “A” - Eastern Kings Zoning Map
Schedule “B” - Classification of Public Roads Map

Appendix A - Definitions
Appendix B - Sight Distance Standards for Entrance Ways
Appendix C - Site Planning Standards

Table 1 - Fees
Table 2 - Minimum Lot Size Standards: Residential Lots
Table 3- Minimum Lot Size Standards: Non Residential Lots
Table 4 - Parking Standards

1. 1 Purpose
The following Bylaws were prepared to regulate the use and subdivision of land, as well as the use and location of buildings and structures, having due regard to:
(i) the promotion of the health, safety and welfare of its residents and the general public;
(ii) the preservation of the natural environment;
(iii) the promotion of sound environmental and agricultural practices;
(iv) the nature of its present and prospective uses; and
(v) the implementation of the Official Plan.

1. 2 Title
This Bylaw shall be known and may be cited, as the Community of Eastern Kings Zoning & Development Bylaw 2002.

1. 3 Application
This Bylaw applies to all the area within the municipal boundary of the Community of Eastern Kings.

2.1 Zone Boundaries
Zone boundaries shall be generally interpreted as following property lines, highway lines, municipal boundary lines, dune boundaries or mean high tide water boundaries as may be the case and where zone boundaries clearly do not align with any of the foregoing they shall be scaled from the large map filed in the community office.

2. 2 Certain Words
In this By-law words used in the present tense include the future: words used in the singular number include the plural; words in the plural include the singular; and the word shall is mandatory and not permissive. All other words carry their customary meaning except for those as defined in Appendix “A” - Definitions.

3.1 Development Permit Application
An application for a development permit shall be made by the owner or an authorized agent on such forms prescribed by Council, and shall be accompanied by:
(a) a copy of a property map;
(b) an application fee; and
(c) any additional information Council considers necessary.

3.1.1 Withdrawal of application
Where an applicant withdraws an application before a decision is made on it, the Council may authorize a refund of any fee paid , if Council considers the withdrawal will avoid public expense.

3. 2 Subdivision Application
An application for an approved subdivision shall be made by the owner or an authorized agent on such forms prescribed by Council, and shall be accompanied by:

Five or fewer lots
(a) a copy of a property map (geo-link map) showing the true shape and dimensions of the property being subdivided, the proposed lots, and all roads or rights-of-way proposed for access to the lots;
(b) an application fee; and
(c) any additional information Council considers necessary.

More than five lots
(a) a copy of the property map along with three (3) copies of a preliminary plan showing:
(i) the true shape and dimensions of the property being subdivided, the proposed lots, and all roads or rights-of-way proposed for access to the lots;
(ii) a key plan indicating the general location of the proposed subdivision;
(iii) the north point;
(iv) the scale;
(v) the location of all existing buildings or structures on the lots being proposed or within 100 feet (30.4 metres) of the proposed subdivision;
(vi) existing and proposed services including central waste treatment systems, and central water supply systems;
(vii) existing or proposed accesses to a highway;
(viii) buffer zones and riparian zones from natural features;
(ix) watercourses, wetlands, beaches, sand dunes, forested areas, designated natural areas or conservation zones on, or adjacent to the proposed subdivision;
(x) proposed or existing private rights-of-way or easements; and
(xi) elevation contours and the drainage pattern within the proposed lots and within 300 feet (91.4 metres) of the boundaries of the proposed subdivision;

(b) an application fee; and
(c) any additional information Council considers necessary.

3. 3 Fees
Fees for subdivision and development applications are prescribed in Table 1 of the Appendices and will from time to time be reviewed by Council.

3.3.1 Government fees
Any fees payable to the Provincial Government shall be paid directly by the applicant, including but not limited to Site Suitability (water and lot sizing) Assessments and Highway Access Permits.

3. 3.2 Bylaw amendments or variances fees
In addition to the fees established pursuant to subsection (3.3) above, applicants shall also at the time of submitting an application for a bylaw amendment or variance ( greater than 10%), pay a fee of $50 plus all costs arising from any public notice or public meeting that may be required.

3. 4 Public Meeting
The Council may hold a public meeting regarding any subdivision or development proposed under this Bylaw.

3.4.1 Requirements
Where a public meeting is called in accordance with subsection (3.4):
(a) the Council shall appoint a person to chair the meeting;
(b) the meeting shall be advertised at least twice in a newspaper circulating in the area of the proposed subdivision or development, giving the date, time and location of the meeting;
(c) the first advertisement required by clause (b) shall be placed not less than seven (7) clear days prior to the meeting;
(d) written notice of the meeting shall be provided to the owner and, to all property owners within 500 feet (152.4 metres) of the property being developed.;
(e) the owner shall make available for public examination the information required by this Bylaw to be included with the application, at least seven (7) clear days prior to the public meeting, at a location chosen by the Council; and
(f) the owner or a representative of the owner shall attend the meeting to answer questions from the public respecting the proposed subdivision or development.
(g) the owner or a representative shall pay the cost of advertising for the public meeting and / or mailing notifications. Funds deposited with the development officer shall be not less than $100.

3. 5 Enforcement
Council shall appoint a Property Development Officer whose duties shall be to administer this Bylaw in all areas except for development applications which require a variance over 10%. Such variances shall be reviewed by Council.

3.5.1 Inspection
An application for a subdivision approval or development permit shall constitute authorization for inspection of the land, building, structure or premises in question by the Property Development Officer for the purpose of ensuring compliance with the provisions of this Bylaw.

3.5.2 Penalty
Any person who violates any provisions of this Bylaw is guilty of an offense and liable on summary conviction to:
(i) In the case of a first offense, to a fine not exceeding one thousand dollars ($1000).
(ii) In the case of a second or subsequent offense, to a fine not exceeding fifteen hundred dollars ($1500) in each case together with the cost of prosecution and in default of payment of the fine and costs, to imprisonment for a term not exceeding three (3) months, unless payment is made sooner.
(iii) The provisions of the Planning Act apply to prosecutions under this Bylaw.
(iv) Any prosecutions for an offense may be instituted within one (1) year after the time when the contravention or offense occurred.

3. 6 Procedure For Bylaw Amendment
Any person desiring an amendment to the provisions of this Bylaw shall apply to Council in writing describing the following:
(i) A description of the proposed change and reasons in support of such change.
(ii) An application shall include an application fee of fifty (50) dollars, the property tax number; a map of the property; the name and address of the owner; or a statement of authorization from the owner if the applicant is not the owner.
(iii) Planning Board shall review each amendment request and advise Council accordingly.
(iv) Council retains the right to deny an amendment request without holding a public meeting, if such request is deemed to be inconsistent with appropriate land use planning standards or the Official Plan. Should Council not proceed with a public meeting, the deposit as per subsection (3.6(ii)) shall be returned to the applicant.
(v) If Council decides to hold a public meeting to solicit input from residents on the proposed amendment request. The meeting shall be as per subsection (3.4.1).
(vi) Following the public meeting, Council shall formulate a decision on the amendment proposal. Council shall have the authority to determine whether an amendment proposal is approved, modified or denied.
(vii) Any motion at a Council meeting regarding a proposed amendment to this Bylaw shall be approved by a quorum of Council members in accordance with S. 59 of the Province’s Municipalities Act, R.S.P.E.I. 1988, Cap. M-13.

3. 7 Procedure For Variance
A minor variance to a maximum of 10 % may be granted by the Property Development Officer from the provisions of this Bylaw where:
(a) the variance meets the provisions of subsection (5.6);
(b) the applicant has been able to document a compelling reason why the requirement of the Bylaw cannot be met; and
(c) there is, in the opinion of the Property Development Officer, no reasonable alternative available.

3.7.1 Variance (greater than 10%)
Any person desiring a variance greater than 10% from the provisions of this Bylaw shall apply to the municipality in writing describing the following:
(i) A description of the variance and reasons in support of such variance.
(ii) An application shall include an application fee of $50, the property tax number; a map of the property; a site plan, the name and address of the owner; or a statement of authorization from the owner if the applicant is not the owner.
(iii) a letter of support from the owner of the adjoining property where the variance is being requested.
(iv) Planning Board shall review each variance request and advise Council accordingly.
(v) Council retains the right to issue or deny a variance without holding a public meeting.
(vi) If Council decides to hold a public meeting, the applicant shall deposit with the development officer all required fees for advertisements and mailing notifications. Funds deposited with the development officer shall be not less than $100. The meeting shall be as per subsection (3.4.1).
(vii) Following the public meeting, Council shall formulate a decision on the variance request. Council shall have the authority to determine whether a variance is approved, modified or denied.
(viii) ) Any motion at a Council meeting regarding a proposed variance to this Bylaw shall be approved by a quorum of Council members in accordance with S. 59 of the Province’s Municipalities Act, R.S.P.E.I. 1988, Cap. M-13.

3. 8 Appeals
Any person who is dissatisfied with the decision of the Community in respect to the administration of this Bylaw, may, within twenty -one (21) days of the decision, appeal to The Island Regulatory and Appeals Commission (IRAC), as set out in Section 28 of the Planning Act R.S.P.E.I. 1988, Cap. P-8.

3.9 Effective Date
This Bylaw shall take effect upon the date it is approved by the Minister of Community & Cultural Affairs.

3.10 Repeal
The Eastern Kings Zoning By-Law 1999 is hereby repealed.

4.1 Zones
For the purpose of this Bylaw, the Community of Eastern Kings is divided into the following zones, the boundaries of which are shown on the attached Schedule “A”. Such zones may be referred to by the appropriate symbols.

4.2 Zoning Map
Schedule “A” attached hereto may be cited as the “ Zoning Map” and is hereby declared to form part of this Bylaw.

5. 1 Subdivisions
No person shall be permitted to subdivide land where the proposed subdivision would
(a) not conform to this Bylaw; or
(b) have a detrimental impact.

5. 2 Development Permits
No development permit shall be issued if the proposed building, structure, or its alteration, repair, location, or use or change of use would
(a) not conform to this Bylaw;
(b) have a detrimental impact; or
(c) would result in a fire hazard to the occupants or to neighbouring buildings or structures.

5. 3 Sewage Disposal Permits
No development permit shall be issued in respect of a development involving the installation or upgrading of a sewage disposal system unless a sewage disposal permit has first been granted by the PEI Department of Community & Cultural Affairs and a copy filed with the Property Development Officer.

5. 4 Approval With Conditions
Any approved subdivision or development permit may be made subject to any conditions necessary to ensure compliance with this Bylaw, or the relevant sections of the Environmental Protection Act, Roads Act, Provincial Building Code Act R.S.P.E.I. 1988, Cap. P-24 , or the Fire Prevention Act R.S.P.E.I. 1988, Cap. F-11.

5. 4.1 Owner ensures compliance
Where an approved subdivision or development permit is granted subject to conditions in accordance with subsection (5.4), the owner shall ensure that the subdivision or development complies with the conditions.

5.4.2 Development agreement
The conditions of approval may include a requirement that the owner enter into a development agreement specifying any special measures that must be carried out in order to ensure that the subdivision or development complies with the regulations referred to in subsection (5.4).

5. 5 Other Approvals Required
No development permit or subdivision approval shall be given pursuant to this Bylaw until the following permits or approvals have been obtained as appropriate:
(a) where an environmental assessment or an environmental impact statement is required under the Environmental Protection Act, approval has been given pursuant to that Act;
(b) where the Fire Marshall’s approval is required pursuant to the Fire Prevention Act, approval has been given pursuant to that Act;
(c) where, pursuant to the Roads Act, an entrance way permit or approval is required , until such time as the required permit or approval has been obtained; and
(d) where a Quality Control Plan is required under the Barrier-Free Design Regulations (EC139/95) made under the Provincial Building Code Act, until such time as the Quality Control Plan has been submitted and accepted in accordance with the Planning Act Regulations.
(e) where a Sewage Disposal Permit is required in accordance with subsection (5.3).

5.6 Variance
A variance from the provisions of this Bylaw may be granted where
(a) the variance is for a unique circumstance and is not a difficulty common to properties in the area; and
(b) the circumstance for which the variance is requested is not the result of an intentional disregard for the requirements of the Bylaw.

5.6.1 No variance for sight distance
Notwithstanding subsection (5.6), no variance from the sight distance standards set out in the Highway Access Regulations shall be granted.

5.7 Non- Conforming Buildings
Subject to subsections (5.7.1) and (5.7.2), any legal use of a building or structure existing prior to the enactment of this Bylaw that contravenes the provisions of this Bylaw may continue as a non-conforming use.

5.7.1 Expansion
A non-conforming building may be enlarged or expanded provided that the enlargement or expansion does not increase the level of non-compliance and all other applicable provisions of this Bylaw are satisfied.

5.7.2 Abandonment
If, in the opinion of Council, a non-conforming use has been discontinued or abandoned for a period of twelve (12) months consecutively, the building or structure shall not be used except in conformance with the requirements of this Bylaw, unless Council deems that the continued use is appropriate and would not be detrimental to the convenience, health or safety of residents in the vicinity or the general public.

5.7.3 Damaged
If the building is damaged beyond 50% of its value above the foundation, it can only be built to conform with this Bylaw, unless Council deems the continued use is appropriate and would not be detrimental to the convenience, health or safety of residents in the vicinity or the general public.

5. 8 Non - Conforming Lots
The minimum frontage and area provisions of this Bylaw do not apply to any previous approved lot, and a development permit may be issued for an existing lot that does not meet these standards provided that the lot meets the minimum requirements for sewage disposal in accordance with the Environmental Protection Act Sewage Disposal Regulations.

5.9 Non - Compliance
Where a subdivision or development has occurred contrary to subsection (6.2) or (7.1), but which otherwise conforms with the requirements of this Bylaw, a subdivision approval or a development permit may be granted by Council following application by the owner.

5.10 Development, Private Road
No development for any year round use shall be permitted on a lot or parcel served by a private road, except for the following types of development:
(a) single family dwellings, provided the lot or parcel is not part of a subdivision utilized by summer cottages;
(b) farm buildings;
(c) summer cottages;
(d) resort developments.
(e) renewable energy generation facilities

5.11 Classification of Public Highways
Public highways within the municipality shall be classified in accordance with the Roads Act Regulations. Herein attached as Schedule “B” - Classification of Public Highways.

5.12 Subdivision Roads
Road right-of-ways within subdivisions shall have a minimum width of 66 feet (20.1 metres).

5.12.1 Exception
Notwithstanding subsection (5.12), any private road serving up to three summer cottage lots, excluding existing approved lots, may have a minimum right-of-way width of twenty-four feet (7.3 metres).

5.12.2 Public roads
All subdivision roads shall be public roads.

5.12.3 Privately-owned subdivision road
Notwithstanding subsection (5.12.2), a subdivision road may be privately owned if it serves a subdivision used for summer cottages or is within a resort development.

5.13 Minimum Site Distance
Along any collector, local, or seasonal highway, no person shall subdivide a parcel of land unless all proposed entrance ways, including the entrance way for any remaining portion of the parcel being subdivided, meet the minimum sight distance standards set out in the Roads Act Highway Access Regulations. Herein attached as Appendix B - Sight Distance Standards for Entrance Ways.

5.14 Subdividing Along Public Highways
Along any public highway , no person shall subdivide a parcel of land unless it conforms with the following requirements:

5.14.1 Collector highways
Along any collector highway
(a) no person shall subdivide one lot from a parcel of land unless
(i) it is an existing parcel of land, and has a frontage of less than 1,330 feet (405.3 metres).
(b) no person shall subdivide two or more lots from a parcel of land unless
(i) it is an existing parcel of land, and has a frontage of 1,330 feet (405.3 metres) or more, in which case one lot may be severed in respect of each interval of 660 feet (219.8 metres), or
(ii) a subdivision road is prepared to serve the lots;
(c) one lot in addition to those permitted in accordance with clauses (a) and (b) may be subdivided from an existing parcel of land
(i) to accommodate an existing farm dwelling; or
(ii) to accommodate an existing dwelling where the principle owner of the parcel is deceased and subdivision of the lot is required to settle the estate of the principle owner;
(d) where a lot is subdivided pursuant to subclause (c)(i) or (ii), the dwelling on the lot shall be served by the existing dwelling access, and no development permit shall be issued for a dwelling on the remainder of the subdivided parcel.
(e) for the purposes of determining the number of lots that have been subdivided from the original property, all lots that have been subdivided from the date of designation of the highway by the municipality (November 18,1985 or March 14, 2001) shall be countered.

5.14.2 Seasonal highways
Along any seasonal highway, no person shall subdivide a parcel of land unless an Entrance Way Permit, where required, has been issued by the Minister of Transportation and Public Works.

5.14.3 Non-essential highways
Along any non-essential highway, no person shall subdivide a parcel of land unless access to an collector, local, or seasonal highway is provided in accordance with the requirements of this Bylaw.

5.14.4 Access
No person shall create a lot which prevents access from an adjacent lot or parcel of land to the public road.

5.15 Lot Categories
Lots shall be categorized according to the following standards:
(a) Category I, where the lot has a depth of permeable natural soil of 2 feet (0.61 metre) or greater, and where the depth to bedrock and the depth to the maximum groundwater elevation is 4 feet (1.22 metres) or greater;
(b) Category II, where the lot has a depth of permeable natural soil greater than 1 foot (0.3 metre), but less than 2 feet (0.61 metre), and where the depth to bedrock and the depth to the maximum groundwater elevation is 4 feet (1.22 metre) or greater;
(c) Category III, where the lot has a depth of permeable natural soil of 1 foot (0.3 metre) or greater, and where either or both of the following conditions exist:
(i) the depth to bedrock is 2 feet (0.61 metre) or greater, but less than 4 feet (1.22 metre),
(ii) the depth to the maximum groundwater elevation is 2 feet (0.61 metre) or greater, but less than 4 feet (1.22 metre).

5.15.1 Lot does not comply with category standards
A lot that does not comply with the category standards set out in subsection (5.15) shall not be approved.

5.16 Lot Revisions
Revisions to increase the size of previously approved lots or existing parcels of land may be approved, but the minimum lot size standards set out in Tables 2 and 3 shall not apply to such revisions.

5.17 Building Setbacks Along Public Highways
No person shall locate a building or development closer than the following distances to a highway or public road:
(a) along any collector highway, local highway, or seasonal highway, 83 feet (25.3 metres) to the centre line of the highway or 50 feet (15.2 metres) to the highway boundary, whichever is greater;
(b) along any public road which is an interior subdivision road, 50 feet (12.5 metres) to the centre line of the road or 17 feet (5.2 metres) to the road boundary, whichever is greater.

5.18 Building Setbacks Along Private Road or Rights-of-Way
Along any private road or right-of-way, no person shall locate a building or development closer than
(a) 50 feet (12.5 metres) to the centre line of a private road or right-of-way having a width of 66 feet (20.1 metres); or
(b) 17 feet (5.2 metres) to the boundary of a private road or right-of-way having a width of less than 66 feet (20.1 metres).

5.18.1 Exception
Notwithstanding clauses (5.17(b )) and (5.18 (b)), larger front yards or flankage yards may be required:
(a) to conform with a greater setback which has been established on adjoining properties.

5.18.2 Exception
Notwithstanding subsections (5.17 ) and (5.18), larger front yards or flankage yards may be required:
(a) for new livestock buildings or manure storage facilities as per the PEI Department of Agriculture & Forestry’s Guidelines for Manure Management and Separation Distances.
(b) to conform with a greater setback which may be required in accordance with clause (5.19.1(b)).

5.19 Setbacks from Beach, Sand Dune, Wetland or Watercourse
No person shall locate a building or structure closer than the following distances to the following natural features:
(a) 75 feet (22.9 metres), or 60 times the annual rate of erosion, whichever is greater, to a beach, measured from the top of the bank;
(b) 75 feet (22.9 metres) to a migrating primary or secondary sand dune, measured from the inland boundary of the dune; and
(c) 75 feet (22.9 metres) to the inland boundary of a wetland or watercourse.

5.19.1 Exception
Notwithstanding clauses (5.19(a )) and (5.19 (c)), larger setbacks shall be required:
(a) if after consultation with the Department of Fisheries, Aquaculture and Environment, it is determined that the setbacks listed therein are not sufficient to protect the beach, wetland or watercourse from the adverse impacts of contaminants discharged from the proposed buildings or structures, it shall be required as a condition of approval that the development be located at a greater distance from the beach, wetland or watercourse.
(b) where the proposed building, sewage disposal system or structure is located within the Marine Protection Zone, such setback from the Basin Head Lagoon shall be increased to 150 feet ( 45.7 metres), measured from the top of the bank.
(c) where a proposal is located on a parcel of land that includes a forested area immediately adjacent to a watercourse or designated wetland, such setbacks shall be increased to conform with the requirements of the forested riparian zone, as outlined in the Environmental Protection Act.

5.19.1.1 Exception
Notwithstanding clause (5.19.1(c)), a Development Permit may be issued to an applicant for the conversion of the use of a property located in a forested riparian zone to residential use in accordance with the requirements of the Environmental Protection Act.

5.19.2 Top of the bank
For the purposes of this section, the words "top of the bank" mean, where there is no embankment, the landward boundary of the beach.

5.19.3 Miscellaneous structures
Subsection (5.19.2) shall not apply to buildings or structures used for fishing or bait sheds, aquaculture operations, boat launches, walkways, bridges, or wharves and piers and any associated buildings or structures, except where the Council requires that these buildings or structures be located at some fixed distance from the top of the bank.

5.20 Public or Private Utility Lots and Lots Not Requiring Servicing
Where a lot is intended for use by a public or private utility, or any non-residential use where water and sewage servicing is not required for the proposed development of the lot, an exemption from the requirements of this Bylaw in relation to lot category, minimum lot area, frontage, and diameter of circle to be contained within the lot boundaries may be approved by Council.

5.20.1 Change of use of excepted lot
Where an exemption has been approved pursuant to subsection (5.20), a change of use to permit a development requiring water and sewage servicing shall be approved only if the lot meets the minimum standards set out in Table 2 or Table 3.

5.21 Panhandle Lots
A lot that does not have frontage on a public road or privately owned subdivision road in accordance with column (c) in either Table 2 or Table 3 may be approved where
(a) the lot has access to a public road or privately owned subdivision road by way of either a driveway that is part of the lot, or a right-of-way;
(b) the access driveway or right-of-way has a minimum width of 24 feet (7.3 metres);
(c) no other panhandle lot has been subdivided from the existing parcel of land; and
(d) the lot size in all other respects meets the requirements of this Bylaw.

5.21.1 Driveway area discounted
Where the boundaries of a panhandle lot include an access driveway, the area of the driveway shall not be counted for the purpose of determining whether the lot meets the minimum lot size standards required by these bylaws.

5.21.2 Additional panhandle lots
Notwithstanding clause (5.21(c)), up to two additional panhandle lots may be subdivided from an existing parcel of land provided that
(a) no more than one of the additional lots is intended solely for the cultivation of a natural resource and will have an area greater than 10 acres (4.05 hectares);
(b) no more than one of the additional lots is intended to contain a commercial or industrial development already in existence on the property being subdivided, and establishment of a separate lot is essential for financial reasons.

5.22 Diminishing Lot Below Standards
Except as provided for in subsections (5.20,5.21 and 8.3.2), no person shall, by the sale of a part of any lot, diminish a lot below the standards set out in Table 2 or Table 3.

5.23 Buffers
Where a subdivision is located adjacent to the following natural features, the subdivision shall include the following:
(a) a buffer adjacent to a beach, having a minimum width of 60 feet (18.3 metres) or 60 times the annual erosion rate in the area, whichever is greater, measured from the top of the bank adjacent to the beach;
(b) a buffer adjacent to a watercourse or wetland, having a minimum width of 60 feet (18.3 metres) measured from the mean high water mark of the watercourse or from the edge of the wetland;
(c) a buffer adjacent to a primary or secondary sand dune, having a minimum width of 60 feet (18.3 metres) measured from the inland boundary of the dune;
(d) access to the beach or watercourse for the use of the owners of the lots if the property being subdivided includes frontage on a beach or watercourse.

5.23.1 Increased Buffer
Notwithstanding subsection (5.23), buffers as identified above shall be increased as following:
(a) where the land being subdivided adjacent to a watercourse or wetland is forested, the buffer mentioned in clause (5.23(b)) shall be increased as following:
(i) a 65.6 foot (20 metres) buffer where the average slope of the land within 65.6 feet (20 metres) of a watercourse or wetland is nine (9) percent or less; and
(ii) a 98.4 foot (30 metres) buffer where the slope is more than nine (9) percent.

5.23.2 Development prohibited in buffer
No person shall locate any development, including a sewage disposal system, in a buffer.

5.23.3 Ownership of buffer
Buffers may be included and deeded as part of each lot, where each lot
(a) meets the minimum lot size standards exclusive of the area required for the buffer; and
(b) has dimensions sufficient to permit the building setbacks required by this Bylaw.

5.23.4 Forested buffer
No selective cutting of trees within a forested buffer that border on watercourses and designated wetlands is permitted, unless approval has been received from the Department of Fisheries, Aquaculture and environment.

5. 24 Primary, Secondary, or Baymouth Barrier Sand Dunes
No person shall develop or construct a road on any primary, secondary, or baymouth barrier sand dunes.

5.24.1 Other dunes
A development permit may be issued for a building or structure on sand dunes other than primary, secondary and baymouth barrier dunes where
(a) the development is unlikely to disturb more than 10% of the sand dune located on the parcel;
(b) the lot exceeds the minimum lot size requirements in Table 2 by 15,000 square feet (1393.5 square metres), except where the sand dune is naturally vegetated with spruce, fir, pine, cedar or larch tree species, and the coverage of those species exceeds 75% of the dune area;
(c) the development is unlikely to adversely alter the natural, topographical and biological features of the sand dune.

5.25 Grouped Buildings
Notwithstanding any other provisions of this Bylaw, other than farm buildings, no person shall build or place more than one building on a parcel of land for commercial, industrial, recreational or institutional use, unless a site plan for such buildings has been approved by the Provincial Fire Marshall.

5.26 Additional Dwelling Exception
Notwithstanding any other provisions of this Bylaw, no person shall locate more than one building or structure for use as a part-time or year-round dwelling on a lot or existing parcel of land except
(a) in conjunction with a farm parcel, and where the use of the dwelling is clearly incidental to the use of the main building; or
(b) as a garden suite in conjunction with a single unit dwelling in accordance with subsection (5.27);
(c) in the case of a tourist operation, where rental accommodations are grouped on a lot or existing parcel of land in accordance with all other requirements of this Bylaw; or
(d) as part of a resort development.

5.27 Garden Suites
Notwithstanding clause (5.26 (b)), one garden suite may be located as a second dwelling unit on a lot or existing parcel of land subject to the following requirements:
(a) a single unit dwelling unit already exists on the lot or existing parcel of land;
(b) the garden suite meets all the requirements of any applicable section of this Bylaw;
(c) the garden suite utilizes the existing access to the lot or existing parcel of land;
(d) where the garden suite is to be located on a lot in a multiple lot approved subdivision, the owners of the adjoining lots and a majority of the owners of lots conveyed in the subdivision have consented in writing;
(e) the owner of the single unit dwelling applies for and receives a development permit for the garden suite;
(f) the garden suite and the single unit dwelling are connected to a common water supply system and a common sewage disposal system, where feasible, and where these systems are considered capable of handling the increase;
(g) the garden suite is approved by the Provincial Fire Marshall.

5.27.1 Time period
The development permit for a garden suite referred to in clause (5.27(e)) shall be valid for two years, but may be extended provided that the garden suite continues to meet all applicable requirements of the Bylaw.

5.27.2 Removal
When the garden suite no longer complies with any requirements under subsections (5.27) and (5.27.1), the owner of the single unit dwelling shall, within 90 days, remove the garden suite from the site.

5.27.3 Extension
Upon written request by the owner or spouse of the owner of the single unit dwelling, the 90 day removal period stated in subsection (5.27.2) may be extended by an additional 90 days.

5.28 Resort Development
Notwithstanding any other provisions of this Bylaw, a resort development wishing to locate within the community shall be subject to the requirements as outlined in the Planning Act Regulations.

5.29 Travel Trailer
Notwithstanding any other provisions of this Bylaw, no person shall place a travel trailer as the main or accessory use on any lot or parcel of land without first obtaining a development permit, other than in a travel trailer park where utility services are provided.

5.29.1 Time Period
A permit issued in accordance with subsection (5.29) shall be valid for a period of not more than 120 days but may be extended.

5.29.2 Removal
A travel trailer placed in accordance with this section shall be removed from the lot or parcel of land immediately following expiry of the development permit unless the permit has been renewed.

5.29.3 Tent / trailer campsite
No person shall place more than one travel trailer on any parcel of land unless a tent and trailer campsite has been legally established.

5.30 Mobile Homes
Other than in an approved mobile home park, no person shall place a mobile home without first obtaining a development permit.

5.31 Mobile Home Park
Notwithstanding any other provisions of this Bylaw, a mobile home park wishing to locate within the community shall be subject to the requirements as outlined in the Planning Act Regulations.

5.32 Multiple Unit Dwelling
Notwithstanding any other provision of this Bylaw, no person shall construct or structurally alter a building for use as a multiple unit dwelling containing more than four (4) units unless the proposal meets one of the following sets of criteria:
(a) the lot or parcel is serviced by a municipal waste treatment system;
(b) the lot or existing parcel of land is in a resort development; and meets all other requirements for resort development in the Planning Act Regulations; or
(c) the dwelling units are in a single storey building for senior citizens housing, and the proposal is appropriate for a rural area.

5.33 Subdividing of Semi-Detached Duplex Dwellings
Semi-detached duplex dwellings may be divided independently for individual sale and ownership provided that:
(a) construction of the common wall must comply with the Fire Prevention Act R.S.P.E.I. 1988 Cap. F-11;
(b) each unit is located on a lot that complies with the Bylaw;
(c) a separate water and sewer service is provided for each unit in accordance with policies governing water supply and sewer services;
(d) a separate electrical service and heating system is provided for each unit;
(e) separate parking to be provided unless Council waives same; and
(f) any other terms and conditions as shall be imposed by Council.

5.33.1 Exception
Notwithstanding clause (5.33(c)), Council may waiver the requirement for a separate water supply.

5.34 Semi-Detached Dwellings
No semi-detached duplex dwelling shall be erected in such a manner which will not permit subdivision into individual units pursuant to subsection (5.33)

5.35 Home Occupation
Nothing in this Bylaw shall prevent the use of a residential dwelling or an accessory building for use as a home occupation provided that they meet the following:
(a) no mechanical equipment is used which would be obnoxious to adjacent residents by reason of noise, smoke, odour, vibration or interference with electrical equipment;
(b) no outdoor display shall be permitted except within the rear yard of any lot and not more than fifteen percent (15%) to a maximum 323 square feet (30 square metres). Such outdoor display shall be maintained in a manner that is not obnoxious to the public or neighbouring properties and shall be screened and / or fenced from view from both the public and neighbouring properties.
(c) parking standards shall comply with subsection ( 5.44).
(d) an accessory building when used for the home occupation on a lot:
(i) is a maximum of 1,000 square feet (92.9 square metres); and
(ii) must comply with all other requirements of subsection (5.37) of this Bylaw.

5.36 Bed and Breakfast Establishments
Bed and breakfast establishments may be permitted in a single family residence without a Development Permit subject to the following:
(a) the dwelling shall be occupied as a residence by the principal operator and the external dimensions of the dwelling shall not be changed by the bed and breakfast operation;
(b) not more than three (3) rooms shall be offered for overnight accommodation;
(c) adequate off-street parking, in accordance with this Bylaw, separate from that required for the dwelling, shall be provided;
(d) the sewage disposal system can accommodate the increased flow; and
(e) the establishment complies with the requirements of the provincial Fire Marshall and Quality Tourism.

5.37 Accessory Buildings
Accessory uses, buildings and structures shall be permitted on any lot but shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) be considered an accessory building if attached to the main building;
(c) be built within six feet (1.8 metres) of the main building; and
(d) be built within the front yard or flanking side yard of a lot.

5.37.1 Exception
(a) Notwithstanding clause (5.37 (d)), a permit may be issued 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 adjacent properties.

5.38 Intensive Livestock Operation
Notwithstanding any other provisions of this Bylaw, new intensive livestock operations wishing to locate within the community, or existing livestock operations wishing to intensify shall be subject to compliance with the appropriate recommended standards for the relevant livestock operation as set out in the PEI Department of Agriculture & Forestry’s “Guidelines for Manure Management & Separation Distances”.

5.38.1 Residential dwellings from intensive livestock operations
No subdivision shall be approved and no Development Permit shall be issued for a dwelling other than a farm dwelling within 500 feet (152.4 metres) of an intensive livestock operation or a manure storage facility

5.39 Landscaping
Where any new development characterized by significant traffic generation, the heavy use of trucks, noise, outdoor storage, congregation of people or other factors that may adversely affect adjacent properties, the Property Development Officer shall require:
(a) the provision and maintenance of adequate landscape buffering and / or appropriate fencing.
(b) where parking is provided within the front yard, a landscape strip of not less than 10 feet ( 3 metres) in width between the road boundary and the parking area shall be maintained in a properly landscape condition, free of parking or manoeuvring lanes, other than a driveway.

5.40 Outdoor Area Lighting
No person shall install any outdoor light in such a way as would, in the opinion of Council, cause a nuisance to adjacent property owners or the travelling public.

5.41 Intersection Triangle
No person shall construct a solid fence or keep a hedge greater than 3 feet (0.9 metres) in height within 50 feet (15.24 metres) of the corner of the property line at any intersection.

5.42 Temporary Construction Camps
Temporary construction camps and structures shall be permitted to locate and remain a maximum of sixty ( 60) days after completion of construction.

5.43 Entrance Way; Sight Distance
No development permit shall be issued for any parcel of land where the entrance way does not conform to the sight distance standards for entrance ways set out in the Roads Act Highway Access Regulations. Herein attached as Appendix B - Sight Distance Standards for Entrance Ways.

5.44 Parking
For every building or structure to be erected or enlarged, or when there is a change in use, off-street parking shall be provided and maintained in conformity with Table 4 - Parking Standards, herein attached.

5.44.1 Exception
Notwithstanding subsection (5.44), for any use other than residential, when an applicant submits a parking generation analysis based on the standards of the Institute of Transportation Engineers, and after consultation with the Minister of Transportation and Public Works, an alternative parking plan may be approved by the Property Development Officer.

5.44.2 Other requirements
Where parking facilities for more than four (4) vehicles are required, off-street parking shall be in accordance with the following requirements:
(a) every parking space shall have access to a clear manoeuvring lane at least 18 feet;
(b) every parking space shall have minimum dimensions of 9 feet (2.7 metres) by 18 feet (5.5 metres);
(c) the parking area shall have a stable surface in all weather and is treated to prevent the raising of dust or loose particles;
(d) the lights used for illumination of the parking lot shall be so arranged as to divert the light away from streets, adjacent lots or buildings;
(e) when the parking area is of a permanent hard surface, each parking space shall be clearly demarcated and maintained as such;
(f) entrance and exits to parking areas shall be clearly defined;
(g) parking lot design should take into consideration parking areas for motor homes, motor coaches and trailers;
(h) parking shall not be permitted within 10 feet (3.04 metres) of the highway boundary;
(i) on-site parking shall be screened from abutting properties where there is the potential for conflicts.
(j) disabled parking spaces should be provided at strategic locations.

5.45 Campground
An application for a campground will be considered by Council in accordance with the requirements as outlined in the Public Health Act and the Tourism Industry Act.

5.46 Minimum Building Material Standards
No person shall construct or alter a building without meeting the following minimum building standards:
(a) all side walls and end walls shall be covered with a standard building siding;
(b) tar paper or rolled roofing shall not be used as a permanent exterior siding ; and
(c) roofs shall be covered with standard roofing materials.

5.47 Truck, Bus and Coach Bodies
No truck trailer, bus or coach body or similar structure not originally designed for permanent purposes, shall be used for human habitation within the Community.

5.48 Outdoor Swimming Pools
The installation of a swimming pool shall require a development permit and shall be in accordance with the following provisions:
(a) swimming pools shall be inclosed by a fenced enclosure having a minimum height of six feet (1.82 metres) from the established grade and located a minimum of six feet (1.82 metres) from the water surface perimeter, and such fence shall be architecturally harmonious with the main building in terms of style and construction materials, which may include wooden or wire fencing;
(b) the enclosure required in clause (5.48 (a)) above shall be no closer than 15 feet (4.57 metres) from any lot line;
(c) no swimming pool shall be located closer than twenty - one feet (6.4 metres) from any lot line.
(d) no swimming pool shall be located within a required yard that abuts a street or public right -of-way unless the setback conforms to the established or required front yard setback on adjacent neighbouring properties.
(e) any gate in a swimming pool enclosure shall be equipped with a child proof lock;
(f) swimming pool operating equipment and chemicals shall be enclosed in a pool maintenance building designed to ensure dry, secure storage and to minimize noise and vibration;
(g) each pool shall be equipped with a life ring and pole;
(h) disposal of swimming pool water shall only be to either a dry ditch remote from any water course or be carried off by truck;
(i) prior to disposal, swimming pool water shall be allowed to sit for one week as to allow chemicals to evaporate and dissipate.

5.49 Forested Area adjacent to Watercourse or Wetland
Where a parcel of land includes a forested area immediately adjacent to a watercourse or the edge of a wetland, no subdivision or Development Permit shall be approved until a forested riparian zone has been established pursuant to the Environmental Protection Act.

5.50 Renewable Energy Generation Facilities

5.50.1 Exception

Except in conjunction with a resource industry, no medium or large capacity renewable energy generators, as defined in the Province’s Renewable Energy Act, R.S.P.E.I., 1988, Cap. 16, shall be permitted on lands to the shoreward side of Route 16 within a Rural (R) Zone and a Marine Protection Zone (MP).

5.50.2 Development Permit

A development permit for a renewable energy generation facility shall only be issued when it has been demonstrated to Council’s satisfaction that the proposed facility has received the required approvals for such facilities under the Province’s Renewable Energy Act, R.S.P.E.I., 1988, Cap. 16, and will conform to all relevant provisions of that Act and its regulations, and, as well, conforms with all relevant provisions of this Bylaw.

5.50.3 Subdivision Exemption

Sections 6.0, 8.3 and 10.2 of this Bylaw do not apply to properties subdivided for the purpose of erecting a renewable energy generation facility.

6.1 Principles

Subdivision designs shall be based on sound planning, engineering, and environmental principles, and shall demonstrate that the proposed subdivision is suited to the intended use, having due regard for
(a) compatibility with surrounding uses;
(b) the topography of the site;
(c) surface drainage on the site and its impact on adjacent parcels of land;
(d) traffic generation onto adjacent highways;
(e) availability, adequacy and the economical provision of utilities and services;
(f) the ability to further subdivide the land or adjoining land;
(g) the provision of lots suitable for the intended use;
(h) waste water management
(i) water supply; and
(j) natural features.

6.2 Subdivision Approval
No person shall, without first obtaining approval from the property development officer, subdivide land for development purposes.

6.2.1 Naturally subdivided
Notwithstanding subsection (6.2), where a parcel is naturally subdivided into two or more units by a public road, a watercourse, or other body of water, each of the units shall be treated as a separate parcel.

6.2.2 Independent sale
Where one or more of the parcels described in subsection (6.2.1) is to be conveyed independently of any of the other parcels under the same ownership, an approved subdivision shall not be required.

6.2.3 Renewable Energy Generation Facility Exemption
Notwithstanding subsection 6.2, the provisions of Section 6.0 of this Bylaw does not apply to land subdivided for the purpose of erecting a renewable energy generation facility.

6.3 Preliminary Approval
Preliminary approval for a subdivision or portion there of may be granted, and the approval shall state any conditions that must be met in relation to
(a) soil and water testing, and the provision of sewage disposal and water services;
(b) setting aside land for any of the following purposes:
(i) provision of shore access, where a subdivision is adjacent to any beach or watercourse in the coastal area, for the use of residents in the subdivision,
(ii) preservation of a natural area or historically significant artifact, structure, or land area that is, in the opinion of the Council, of provincial significance,
(iii) provision of buffers,
(iv) construction of roads,
(v) provision of easements for servicing, and for management of surface water runoff;
(c) posting a performance bond, cash bond, or other financial guarantee for the purpose of ensuring that the subdivision is developed in accordance with any conditions attached to preliminary approval;
(d) any other measures Council considers necessary to bring the proposal into compliance with the Bylaw.

6.3.1 Expiry
Preliminary approval shall expire twelve (12) months from the date of issue if the applicant fails to meet the conditions of preliminary approval established in accordance with subsection (6.3).

6.3.2 Site assessment report
Any person applying for subdivision approval must provide Council with a copy of a site assessment report classifying the lots in accordance with subsection (5.15).

6.4 Final Approval
Final approval shall be granted for a subdivision or portion thereof when the owner has
(a) met all the conditions of preliminary approval established in accordance with subsection (6.3);
(b) completed an agreement with the Department of Transportation and Public Works respecting road construction if the subdivision includes a road that is to be a public road;
(c) submitted a stormwater management plan acceptable to the Department of Transportation and Public Works and the Department of Fisheries, Aquaculture and Environment, for the construction and post construction phases of the subdivision;
(d) submitted copies of survey plan showing the location of survey pins, and certified as accurate by an accredited member of the Association of Prince Edward Island Land Surveyors.

6.4.1 Survey not required
Notwithstanding clause (6.4(d)), where a subdivision creates a lot or lots greater than ten (10) acres in size, a certified survey plan shall not be required where a plan drawn accurately to scale on a provincial property map is submitted.

6.4.2 Idem
Notwithstanding clause (6.4(d)), a certified survey plan shall not be required for the remaining portion of the original parcel from which a subdivision is created.

6.4.3 Preliminary approval prior to this bylaw
Where a subdivision was granted preliminary approval prior to the coming into force of this Bylaw but was not granted final approval, final approval shall be granted only if the lots meet the minimum standards set out in Tables 2 and 3.

6.4.4 Final survey plan stamping
The final survey plan shall outline the approved lots in red, specify the lot classification, municipal seal, date approved and any conditions necessary to ensure compliance with this Bylaw.

6.5 Rescind or Alter Approval
An existing approved subdivision or portion thereof may be rescinded or altered if the subdivision has been carried out contrary to the application, the conditions of approval, or this Bylaw.

6.6 Phasing
Subdivisions having more than 5 lots shall be approved in phases.

6.6.1 Number of lots
The total number of lots approved in any one phase of a subdivision shall not exceed 5.

6.6.2 Sixty per cent - before next phase
For an approved subdivision, no succeeding phase shall be approved until 60% of the lots in each preceding phase have buildings constructed upon them.

6.7 Public Meeting for Subdivisions Greater than Five (5) Lots
Subdivisions of greater than five (5) lots may be subject to a public meeting in conformity with subsection (3.4) of this Bylaw.

7.1 Development Permit Required

No person shall, without first obtaining a development permit from the development officer:
(a) commence the construction of any building or structure;
(b) locate any building or structure, or change the location of any building or structure on a lot;
(c) make any structural alterations that will change the exterior dimensions of any building or structure;
(d) change the use of any building or structure or land, or part thereof;
(e) intensify any non-conforming use;
(f) locate a travel trailer on any lot as the main or accessory use, other than in a travel trailer park where utility services are provided;
(g) create a mobile home park.

7.1.1 Expiry

(a) A development permit shall be valid for a period of twelve (12) months from the date of issuance. If work has not commenced during this period, a new application shall be made to the Property Development Officer, the appropriate fee shall again be paid, and a new permit shall be obtained before any work is undertaken.
(b) If work is commenced during the twelve month period, the permit shall be valid for twenty -four (24) months from the date of issue.
(c) If, after 24 months, work has not been completed, an application shall be made to the Development Officer, the appropriate fee shall again be paid, and a new permit shall be obtained before any work is undertaken.

7.1.2 Revocation or alteration

Notwithstanding subsection (7.1.1), a development permit may be revoked or altered within twelve (12) months of the date of issuance or extension if construction has commenced in a location or manner contrary to the application or this Bylaw.

7.1.3 Site plan

Council may require an applicant to submit a site plan in conformance with the provisions of Appendix C drawn to a convenient scale certifying the agreement of the applicant to develop the site in accordance with the plan.

8.1 Permitted Uses ( R Zone)
No person shall use any land, building or structure except in conformity with this Bylaw and as listed below:

RURAL ZONE

Proposed Use	Permitted Uses
Residential	single family unit - single unit summer cottage - rental summer cottage mini-home - duplex dwelling - semi-detached dwelling mobile home - garden suite - bed and breakfast accessory buildings - farm dwelling
Commercial	commercial tourist - eco-tourism - accessory buildings commercial
Industrial	resource - resource industrial - accessory buildings industrial - light industrial
Public Service & Institutional	institutional - accessory buildings - utility buildings
Recreational	recreational - accessory buildings
Renewable Energy	small capacity renewable energy generators; and medium and large capacity renewable energy generators in conjunction with a resource industry

8.2 Special Permitted Uses
Notwithstanding subsection (8.1), Council may issue a Development Permit for the following uses :

8.2.1 Multi - unit dwelling
An application for a multi - unit dwelling will be considered by Council in accordance with the requirements of this Bylaw and shall be subject to a public meeting as outlined in subsection (3.4).

8.2.2 Mobile home park
An application for a mobile home park will be considered by Council in accordance with the requirements of this Bylaw and shall be subject to a public meeting, as outlined in subsection (3.4).

8. 2.3 Resort development
An application for a resort development will be considered by Council in accordance with the requirements of this Bylaw and shall be subject to a public meeting, as outlined in subsection (3.4).

8.2.4 Campground
An application for a campground will be considered by Council in accordance with the requirements of this Bylaw and shall be subject to a public meeting, as outlined in subsection (3.4).

8.2.5 Medium and Large Capacity Renewable Energy Generation Facilities
An application for a facility to erect and operate a medium or large capacity renewable energy generator within a Rural Zone (R) will be considered by Council in accordance with the provisions of this Bylaw, and shall be subject to a public meeting, as outlined in subsection 3.4 of this Bylaw.

8.2.6 Comprehensive Site Plan
An application for a special permitted use shall be made by the owner or an authorized agent on such forms prescribed by Council, and shall include a comprehensive site plan prepared in accordance with the requirements of Appendix C - Site Planning Standards .

8. 3 Minimum Lot Size Standards
No approval shall be granted for a lot in a subdivision unless the lot has been categorized in accordance with subsection (5.15), and conforms with the province-wide minimum development standards set out in Table 2 and Table 3 respectively.

8.3.1 Sewage disposal system
With respect to the minimum circle diameter requirement set out in column (f) of Table 2 and column (e) of Table 3, where applicable, the space encompassed by the circle shall be in a location on the lot which will accommodate an on-site sewage disposal system.

8.3.2 Reduced Circle Requirement
Notwithstanding the minimum circle diameter requirement set out in column (f) of Table 2 and column (e) of Table 3, a lot that does not meet those requirements may be subdivided from a lot or parcel that existed prior to June 12, 1993 provided that
(a) the lot is intended for either single unit residential use or non-residential use, and will be serviced by on-site water and sewage disposal systems;
(b) the lot meets Category I standards in accordance with clause (5.15 (a)), and the minimum lot area requirements set out in column (e) of Table 2 or column (d) of Table 3 respectively;
(c) a circle with a minimum diameter of 125 feet (38 metres) will fit within the boundaries of the lot; and
(d) there is no practical alternative to increasing the size of the property to permit compliance with the circle diameter requirement.

8.4 Minimum Building Setbacks from Property Lines
No person shall locate a main building or development closer than 15 feet (4.6 metres) to a side or rear lot line except as follows:
(a) an accessory building, if located in a rear yard, shall be located no closer than 3 feet (0.9 metre) to a side or rear lot line;
(b) a semi-detached dwelling may be located on a lot for individual sale or ownership provided that:
(i) construction of a common wall complies with the Fire Prevention Act R.S.P.E.I. 1988 Cap. F-11, and
(ii) each unit is located on a lot that complies with the Bylaw.

8.4.1 Exception
Notwithstanding subsection (8.4), larger side or rear yards may be required :
(a) where there are extraordinary circumstances associated with the use of the building or development, it may be considered necessary by the Provincial Fire Marshal;
(b) for new livestock buildings or manure storage facilities as per the PEI Department of Agriculture & Forestry’s Guidelines for Manure Management and Separation Distances.
(c) where a proposed use abuts another use which would be considered a change of use with the potential for conflict or impacts, Council may use its discretion and require a building or development be located no closer than 50' ( 15.2 metres) to a side or rear lot line.
(d) where a proposed use is located within the Marine Protection Zone.

9.1 Permitted Uses (O3)
No person shall use any land within the Conservation Zone except for the following:

CONSERVATION ZONE

Permitted Uses

conservation related activities and structures compatible with it (i.e. signage, board walks, snow fences) environmental management projects biological observation and archeological exploration institutional educational study

9.2 Minimum Lot Size Standards
No person shall subdivide a lot unless the lot has a minimum area of 10 acres.

10.1 Permitted Uses ( MP Zone)
No person shall use any land, building or structure except in conformity with this Bylaw and as listed below:

MARINE PROTECTION ZONE Proposed Use Permitted Uses Residential single family unit single unit summer cottage rental summer cottage mini - home duplex dwelling semi-detached dwelling mobile home garden suite bed and breakfast accessory buildings farm dwelling Commercial commercial tourist use eco-tourism accessory buildings commercial Industrial resource accessory buildings light industrial industrial resource industrial Recreational recreational accessory buildings Public Service & Institutional institutional accessory buildings utility buildings Renewable Energy small capacity renewable energy generators; and medium and large capacity renewable energy generators in conjunction with a resource industry 10. 2 Minimum Standards
No approval shall be granted unless the lot has been categorized in accordance with subsection (5.15), and conforms with the minimum development standards set out below:

Lot Area Lot Width Front Yard Side Yard Rear Yard 1 acre 200' (61 m) as per subsection (5.17 & 5.18) as per subsection (8.4) as per subsection (8.4) 10.2.1 Increased lot sizing for residential units
Notwithstanding subsection (10.2), the minimum lot area shall increase by 1 acre for each residential unit.

10.3 Special Permitted Uses
Notwithstanding subsection (10.1), Council may issue a Development Permit for a multi-unit dwelling, mobile home park, resort development or a campground in accordance with the requirements as outlined in subsection (8.2).

10.4 Medium and Large Capacity Renewable Energy Generation Facilities
An application for a facility to erect and operate a medium or large capacity renewable energy generator within a Marine Protection Zone (MP) will be considered by Council in accordance with the requirements of this Bylaw, and shall be subject to a public meeting, as outlined in subsection 3.4 of this Bylaw.

APPENDICES

Appendix A
Definitions

For the purpose of this Bylaw:

accessory building
“accessory building” means a building whose use is incidental and subordinate to, and consistent with, the main or use of the lot upon which the building is located;

alter
“alter” means to make a change in the size, shape, bulk, or structure, whether interior or exterior, of a building or any part thereof, but does not include repairs carried out for the purposes of maintenance or non-structural renovation or improvement;

amusement type attraction
“amusement type attraction” means a commercial or recreational establishment where buildings or structures have been erected or are proposed of amusement in the form of a circus, carnival, midway show, sideshow, or similar exhibition where one of the following classes of recreation are provided:
(i) any mechanically or electrical operated amusement ride;
(ii) any mechanical or electronic machine or device intended for use as a game, entertainment or amusement, or
(iii) any petting zoo or farm.

approved subdivision
“approved subdivision” means a lot or lots for which final approval has been granted pursuant to subsection 6.4;

baymouth barrier sand dune
“baymouth barrier sand dune” means a sand dune or sand spit formation situated along the perimeter coastline which is connected to the coast at one end and partially encloses a coastal bay or estuary;

beach
“beach” means that portion of land between the ordinary or mean high water mark and the water’s edge and includes a distance of three miles seaward of the mean high water mark, and may contain sand, gravel, rock, clay or other earthen material;

bed and breakfast
“bed and breakfast” means a dwelling occupied by a family and used incidentally to provide accommodation and meals to transient travellers and includes a tourist home but does not include a boarding house, rooming house, hostel, group home, hotel, motel, restaurant or lounge.

buffer
“buffer” means an area of land which serves to protect another area from the encroachment or effects of development;

building
“building” means any structure having a roof supported by columns or walls intended for the shelter, housing or enclosure of any person, animal, or chattel, and includes a mini home or mobile home;

building height
“building height” (in storeys) means the number of storeys contained between the roof and the floor of the first storey;

campground or RV park
“campground or RV park” means a tract or parcel of land used or permitted to be used by the travelling public that provides sites for tents, trailers, or motor homes and may also be called an RV park but shall not include industrial, work or construction camps or permanent mobile home parks;

central waste treatment system
“central waste treatment system” means a waste treatment system as defined in the Environmental Protection Act R.S.P.E.I. 1988, Cap. E-9, and controlled by a public or private utility;

central water supply system
“central water supply system” means a water works for the collection, treatment, purification, storage, supply or distribution of water to
(i) five or more households, or
(ii) a public building or place of assembly;

change of use
“change of use” means
(i) the change of use of a parcel of land from one class of use to another, recognizing as standard classes residential, commercial, industrial, resource (including agriculture, forestry and fisheries), recreational, and institutional uses,
(ii) a change in the intensity of the use of a parcel of land, structures, or buildings, within a specific class of use as described in subclause (i), including a change in the number of dwelling units,
(iii) in relation to a road, it has the meaning set out in the Roads Act Highway Access Regulations;

cluster subdivision
“cluster subdivision” means a grouping of lots, including road systems and utilities systems, surrounded by open space areas;

collector highway
“collector highway” means any highway that has been designated as a collector highway under the provisions of the Roads Act Highway Access Regulations;

commercial
“commercial” means the use of a building or lot for the storage, display or sale of goods or services, and includes hotels, motels, inns, or rental cottages;

commercial tourist use
“commercial tourist use” includes the use of any land, building, or structure for the storage, display, or sale of goods or services and includes hotels, motels, country inns, bed & breakfast establishments and rental cottages, but does not include campgrounds or RV parks, or amusement type attractions;

council
“ council” means the Council of the Community of Eastern Kings.

deck
“deck” means a structure intended as outdoor living space, either attached or adjacent to a building;

detrimental impact
“detrimental impact” means any loss or harm suffered in person or property in matters related to public health, public safety, protection of the natural environment and surrounding land uses, but does not include potential effects of new subdivisions, buildings or developments with regard to
(i) real property value;
(ii) competition with existing businesses;
(iii) viewscapes; or
(iv) development approved pursuant to section 9(1) of the Environmental Protection Act;

development
“development” means the carrying out of any construction operation, including excavation in preparation for building, on, over or under land, or the making of material change in the use, or the intensity of the use, of any land, buildings or premises, and includes the placing of structures on, over or under land;

development officer
“development officer” means the officer of the Community of Eastern Kings charged by the Council with the duty of administering the provision of these Bylaws.

dwelling
“dwelling” means a building or portion thereof designed, arranged or intended for residential occupancy, and
(i) "dwelling unit" means one or more rooms used or intended for domestic use of one or more individuals living as a single housekeeping unit with cooking and toilet facilities;
(ii) "single unit dwelling" means a building containing one dwelling unit and does not include mobile homes, but does include mini homes;
(iii) "duplex dwelling" means a building that is divided into two dwelling units each of which has at least two independent entrances;
(iv) “multi family dwelling ” means a building containing three or more dwelling units;
(v) “semi-detached dwelling” means a building divided vertical into two (2) separate units, each of which has at least two independent entrances.

eco - tourism use
“eco-tourism use” means the use of any land or building for any retail or service use that is intended to
(i) promote the cultural and natural history of the area without altering the integrity of the area’s ecosystem; and
(ii) create economic opportunities that make thee conservation of natural resources beneficial to area residents.

entrance way
“entrance way” means a driveway providing access to and from a parcel of land to a road;

estuary
“estuary” means that portion of a surface water system where salt water mixes with, and is measurably diluted by fresh water, and extends from the area where the system meets the Northumberland Strait or the Gulf of St. Lawrence to the most inland extent of tidal water;

existing parcel of land
“existing parcel of land” means any parcel of land or lot in existence prior to November 18, 1985.

first storey
“first storey” means the uppermost storey having its floor level not more than 6.5 feet (2 metres) above grade;

floor area
“floor area” means the area provided on each of one or more levels, measured from the outside walls of the building;

forested riparian zone
“forested riparian zone” means a strip of forested land area on the upland side of, and immediately adjacent to, a watercourse boundary or the edge of a wetland;

frontage
“frontage” means all land abutting on one side of a highway measured along the common or actual property line;

garden suite
“garden suite” means a temporary development consisting of a detached dwelling unit which
(i) has a width no greater than 24 feet (7.31 metres);
(ii) is no greater than one storey in height;
(iii) has a roof pitch no greater than 4/12;
(iv) is constructed and erected in such a manner as to be capable of being readily removed from the site;
(v) does not exceed 800 square feet (92.9 square metres) in area, or is a mobile home; and
(vi) is for the sole and exclusive use as an accessory dwelling to a single unit dwelling or mobile home on the same lot or parcel of land by
(A) the parents or grandparents of the owner or spouse of the owner of the single unit dwelling on the same lot or parcel of land,
(B) any person who is physically or intellectually challenged or experiences a chronic disability or who, due to illness, frailty or age, requires home care, and is under the care of the owner or spouse of the owner of the single unit dwelling on the same lot or parcel of land, or
(C) a caregiver for a family member of the owner or spouse of the owner of the single unit dwelling on the same lot or parcel of land who qualifies under paragraph (A) or (B) and who also resides in the garden suite;

grade
“grade” (as it applies to the determination of building height) means the lowest of the average levels of finished ground adjoining each exterior wall of a building, except that localized depressions such as for vehicle or pedestrian entrances need not be considered in the determination of average levels of finished ground;

Highway Access Regulations
“Highway Access Regulations” means the Highway Access Regulations (EC580/95) made under the Roads Act R.S.P.E.I. 1988, Cap. R-15;

industrial use
“industrial use” means the use of a building or lot for the storage, distribution, processing, assembly or recycling of wholesale products, goods or materials, or for activities relating to transportation, extraction, manufacturing, construction, warehousing, assembly or general repair;

institutional use
“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 recreation and park buildings;

light industrial use
“light industrial use” means use of land or buildings for fabrication, manufacturing, assembly, treatment or warehousing of goods, but does not include industrial processing or other process which may result in the creation of hazardous or offensive conditions related to noise, odour, smoke, or effluent;

intensive livestock building
“intensive livestock building” means any building or structure used in conjunction with an intensive livestock operation for the housing of livestock or poultry.

intensive livestock operation
“intensive livestock operation” means the rearing of livestock or poultry which may be confined in buildings, open sheds, yards, paddocks or by field grazing, the numbers of which, type of management system, minimum separation distance, etc., as recommended by the PEI Department of Agriculture & Forestry’s “Guidelines for Manure Management & Separation Distances” shall define intensive use for the purpose of evaluating the environmental impact of such an operation on the surrounding area.

large capacity renewable energy generator
“large capacity renewable energy generator” means as defined in the Province’s Renewable Energy Act, R.S.P.E.I., 1988, Cap. 16.

loading space
“loading space” means an off-street space designed for the purpose of loading or unloading produce or materials;

local highway
“local highway” means any highway that has been designated as a local highway under the provisions of the Highway Access Regulations;

lot
“lot” means a parcel of land which is held in separate ownership from the adjoining land, and
(i) “lot area” means the total area included within the lot lines;
(ii) “corner lot” means a lot situated at the junction of two or more roads where the interior angle of intersection does not exceed 135 degrees;
(iii) “lot line” means any boundary of a lot;
(iv) “flankage lot line” means, on a corner lot, the lot line that divides a lot from the road other than the road toward which the front of the main building is facing;
(v) “front lot line” means the lot line that divides a lot from the road, and in the case of a corner lot means the lot line that divides a lot from the road which the front of the main building is facing;
(vi) “rear lot line” means the lot line opposite the front lot line;
(vii) “side lot line” means a lot line other than a front, flankage, or rear lot line;

medium capacity renewable energy generator
“medium capacity renewable energy generator” means as defined in the Province’s Renewable Energy Act, R.S.P.E.I., 1988, Cap. 16.

mini home
“mini home” means a transportable dwelling suitable for long term occupancy, designed to be transported on wheels and axles attached temporarily for moving purposes;

mobile home
“mobile home” means a transportable dwelling unit suitable for long term occupancy, designed to be transported on permanently fixed wheels, axles and chassis;

mobile home park
“mobile home park” means a lot of land planned and developed for the placement of mobile homes and mini homes;

non-essential highway
“non-essential highway” means any highway that has been designated as a non-essential highway pursuant to the Highway Access Regulations;

panhandle lot
“panhandle lot” means a lot that does not have the minimum frontage on a road required by this Bylaw, but has a driveway or right-of way connection providing access to a public road or privately owned subdivision road;

parcel
“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 these bylaws;

parking lot
“parking lot” means an area of land other than a highway or access driveway, or an area within a structure, used for the parking of vehicles;

parking space
“parking space” means a space on a parking lot for the parking or storage of a vehicle;

perimeter coastline
“perimeter coastline” means the coastal area of the Eastern Kings landmass that borders directly on waters of the Northumberland Strait, and the Gulf of St. Lawrence.,

primary sand dune
“primary sand dune” means that portion of a sand dune which lies immediately inland of the beach, and extends from the landward limit of the beach to the foot of the landward slope of the first sand dune ridge or mound of sand bordering the beach, and may be unvegetated, or may support marram grass, and associated plant species as the dominant plant type;

private road
“private road” means a road, street or right-of-way which is not a public road;

private garage
“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.

public road
“public road” means all parts of the townships of the province reserved in the grants of patents thereof for public roads, all roads laid out by virtue of any statute and all roads whereon public money has been expended for common and public highways except where the roads have been altered or closed, or shall be altered or closed according to law; but farm lanes shall in no circumstances be deemed common and public highways;

public utility
“public utility” means any person or corporation and the lessees, trustees, liquidators or receivers or any person or corporation who owns, operates, manages or controls, or is incorporated for the purpose of owning, operating, managing or controlling any plant or equipment
(i) for the conveyance or transmission of telephone messages,
(ii) for the production, transmission, distribution or furnishing of electrical energy, or
(iii) for the provision of water or sewerage service,
either directly or indirectly, to or for the public.

recreational use  “recreational use” means the use of land or buildings, or land integrated with development, for passive or active recreational entertainment, pursuit or sport, including but not limited to golf courses, marinas, ski parks, hiking and cycling trails, parks, playgrounds and their amenities;

renewable energy generation facility
“renewable energy generation facility” means as defined in the Province’s Renewable Energy Act, R.S.P.E.I., 1988, Cap. 16.

residential unit
“residential unit” means a building or portion of a building designed, arranged and intended for residential occupancy, which may or may not include cooking facilities;

resort development
“resort development” means
(i) a development for recreational use of land having an area of not less than 20 acres or 8.1 hectares, together with buildings intended for recreational use having a total floor area of not less than 2,500 square feet or 232.2 square metres; and
(ii) a resort development may include a residential subdivision containing not less than 20 lots or a residential development containing not less than 20 residential units;

resource use
 “resource use” means the use of land or buildings for the production and harvesting or extraction of any agricultural, forestry, or fisheries product;

resource industrial use
“resource industrial use” means the use of land or buildings for any industrial development directly associated with agriculture, fisheries or forestry industries;

rotor blade arc
“rotor blade arc” means the largest circumferential path travelled by the rotor blade(s) connected to a wind turbine.

sand dune
“sand dune” means a wind or wave deposited formation of vegetated or drifting wind-blown sand that lies generally parallel to, and landward of the beach, and between the upland limit of the beach and the most inland extent of sand deposits;

semi-detached commercial development
“semi-detached commercial development” means a commercial building divided vertically on a common lot line into two or more uses, each of which has an independent building entrance;

seasonal highway
“seasonal highway” means any highway that has been designated as a seasonal highway under the provisions of the Highway Access Regulations;

secondary sand dune
“secondary sand dune” means that portion of a sand dune which lies adjacent to and inland of a primary sand dune and which may support such vegetation types as marram grass, bayberry, hudsonia, lichen, and occasionally scattered white spruce and does not include that portion of a sand dune where white spruce and bayberry are the dominant species;

sewage disposal system “sewage 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;

small capacity renewable energy generator
“small capacity renewable energy generator” means as defined in the Province’s Renewable Energy Act, R.S.P.E.I., 1988, Cap. 16.

storey
“storey” means that portion of a building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and ceiling above it;

structure
“structure” means any construction fixed to, or sunk into land or water, but excludes: garden sheds less than 100 square feet, concrete and asphalt paving or similar surfacing, sewage disposal systems, water wells, fences, utility poles, clothes line poles, or flag poles or recreational equipment accessory to a dwelling unit;

subdivide
“subdivide” means to divide a parcel of land by means of a plan of subdivision, plan of survey, agreement, deed or any instrument, including a caveat, transferring or creating an estate or interest in part of the parcel;

summer cottage
“summer cottage” means a single unit dwelling that is occupied primarily during the summer months, and located on a lot or parcel served by a private road or a public road;

swimming pool
“swimming pool” means a receptacle for water having a depth at any point of more than two feet (0.6 metres).

total height
“total height” means, in respect of a wind turbine tower, the height from grade to the highest vertical extension of the wind turbine tower, and includes the distance from grade to the top of the wind turbine tower, plus the distance from the top of the wind turbine tower to the highest point of its rotor blades’ arc.

travel trailer
“travel trailer” means a vehicle designed to be used as temporary accommodation for travel, recreation and vacation purposes;

utility building or structure
“utility building or structure” means any building or structure erected and used in conjunction with a public utility.

watercourse
“watercourse” means the full length and width, including the sediment bed, bank and shore, of any stream, spring, creek, brook, river, lake, pond, bay, estuary or coastal water body or any part thereof, whether the same contains water or not;

wetland
“wetland” means all freshwater and tidal areas that are or may be submerged or periodically submerged under freshwater or saltwater, including all bodies of water or areas commonly referred to as bogs, marshes, salt marshes, swamps, sloughs, and flats;

wind turbine
“wind turbine” means a turbine that converts wind energy into mechanical or electrical energy by means of one or more rotor blades that rotates around a hub connected to a gearbox and generator inside a nacelle.

wind turbine tower
“wind turbine tower” means a structure that supports a wind turbine and the rotor blade(s) which turn the wind turbine.

wind energy conversion system development
“wind energy conversion system development” means a development that is designed, intended or developed for the production of mechanical or electrical energy from wind energy by means of one or more wind turbines, and includes
(i) any associated wind turbine tower,
(ii) any associated buildings or structures that are required for the transmission of that mechanical or electrical energy, or for the maintenance of the development, and
(iii) any access road to the development.

yard
“yard” means an open space adjoining a building; and
(i) “flankage yard” means the side yard of a corner lot facing a street other than the street towards which the front of the main building is facing;
(ii) “front yard” means a yard extending across the full width of the lot between the front lot line and the nearest main wall of the main building on the lot;
(iii) “rear yard” means a yard extending across the full width of the lot between the rear lot line and the nearest main wall of the main building on the lot; and
(iv) “side yard” means a yard extending from the front yard to the rear yard between a side lot line of the lot and the nearest main wall of the main building, exclusive of any chimney breast.

zone
“zone” means an area of land designated under these bylaws within which specific land uses are permitted and others restricted or prohibited.

1.(1) Entrance ways to be used or established on highways shall have a minimum sight distance to be measured by the following calculations:

(2) A vehicle operator approaching an access driveway with eye level 3.5 feet (1.05 metres) above grade shall be able to see any object larger than 16 inches ( 0.4 metres) in height at an entrance way for a minimum distance as specified in the following table.

Designation	Minimum Safe Stopping Site Distance (metres)
Collector Highways	462 feet (140)
Local Highways identified in Schedule C-1	462 feet (140)
Local Highways identified in Schedule C-2 and paved local highways, other than subdivision streets, not identified in Schedule C-1 or C-2 of the Roads Act	363 feet (110)
Unpaved Local Highways identified in Schedule C-3 of the Roads Act	462 feet (140)
Subdivision Streets	149 feet (45)
Seasonal Highways	462 feet (140)
Within 660 feet (200 metres) of a right-of-way control sign on any highway identified in Schedule B,C-1,C-2, C-3 or D of the Roads Act	280 feet (85)

3. The fee for processing an entrance way permit application shall be $25, payable at the time an application is submitted for consideration.

1. Residential Site Plans
Every development application for a single family residence, duplex residence, semi-detached residence, private summer or seasonal residence or an addition or alteration to one of the above uses, or a residential accessory building or private detached garage, shall include a site plan showing the following:

1) boundaries and dimensions of the lot
2) adjacent streets or access
3) location of proposed structures and dimensions
4) location of existing structures
5) location of well and sewage disposal system
6) delineation of existing natural features
7) slope of land (direction arrow)
8) adjacent structures within 50 feet of all lot boundaries
9) note the front yard setback of adjacent properties within 200 feet of the lot.

2. Comprehensive Site Plans
Where a comprehensive site plan is required by the property development officer, it shall contain the following:
a) scale and north arrow;
b) contours;
c) parking;
d) proposed ingress and egress to the site;
e) signage;
f) existing and proposed landscaping;
g) existing and proposed buildings and structures, and all buildings and structures on adjacent properties abutting the land parcel being developed.
h) location of lighting standards;
i) location of water and sewer services;
j) location of any easements on rights -of -way;k) an indication that consideration has been given to accommodating the appropriate future development of the balance of the site.

A Comprehensive Site Plan may be required by Council to conform to the following design standards and principles:
a) Design and site buildings to preserve and enhance special views of natural areas;
b) Site new development to ensure that adjacent properties have visual privacy as well as protection from the new development’s site illumination, noise and odour, if applicable;
c) Design landscaping and buildings adjacent to heritage or cultural areas that are complimentary to the property’s significant features;
d) Design and site buildings to screen from public view unsightly site elements such as shipping and loading areas, transformers and meters and parking;
e) Provide safe, convenient access for the handicapped to all major building entrances.
f ) Provide adequate and convenient parking for all types of vehicles;
g) Provide properly identified parking for handicapped in close proximity to the building entrances;
h) Accommodate cyclists by providing bicycle racks located within the public view but out of the way of pedestrian movement;
i) Provide lighting in parking areas:
(i) that does not glare into adjacent properties;
(ii) that is related to parking lot design and circulation; and
(iii) that is compatible with the scale of adjacent properties;
j) Provide landscaping to add visual interest to open spaces and building facades, soften dominant building mass at pedestrian scale and screen unsightly areas; and
k) Care shall be taken in planting adjacent to driveway access so that vegetation does not obstruct sight distance from vehicles entering the highway.

Application	Application Type	Fee
subdivision approval	(a) per lot (b) revision to an existing lot	$150 $50
development permit	(1) new building or structure, addition to or relocation of existing building or structure: (a) less than 250 sq. ft. / 23.22 sq. m. (b) 250 sq. ft. / 23.22 sq. m. or greater but less than 10,000 sq. ft. / 929 sq. m. (c) 10,000 sq. ft. / 929 sq. m. or greater (2) travel trailer as a main or accessory use on a lot (3) change of use of existing building or structure (4) mobile home park or campground (5) small capacity renewable energy generator: less than 50 kw/hr more than 50 kw/hr (6) medium capacity renewable energy generator (7) large capacity renewable energy generator	per building or structure * (a) $25 (b) $ 0.10 per sq. ft. / 0.0929 sq. m. (c) $1,000 $100 $100 $200 $75 $150 $500 $1,000
preliminary development approval	resort development	$1,000 to be credited towards subdivision fees for subdivision approval or development permit.

* Where the structure has no floor area, the fee is based on the square footage of the footprint of the structure.

(a) Servicing	(b) Lot Category	(c) Minimum Lot Frontage	(d) No. of Dwelling Units	(e) Minimum Lot Area sq. ft. / sq. m.	(f) Minimum Circle Diameter feet / metres
on-site water and on-site sewage disposal system	I	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision 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. / 53.3 m. 200 ft. / 61 m. 200 ft. / 61 m.
on-site water and on-site sewage disposal system	II	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision 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. / 457 sq. 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 and on-site sewage disposal system	III	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision 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.
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 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 metres	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.
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

(a) Servicing	(b) Lot Category	(c) Minimum Lot Frontage	(d) Minimum Lot Area	(e) Minimum Circle Diameter to be Contained Within the Boundaries of the Lot
on-site water and on-site sewage disposal system	I	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision 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 feet / 15.25 metres, where the frontage is on a curved interior subdivision street)	35,000 sq. ft. / 3,251.5 sq. m.	175 ft. / 53.3 m.
on-site water and on-site sewage disposal system	III	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision 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 systems	I, II or III	n/a	as determined by the Minister	as determined by the Minister

(a) Type of Use	(b) Number of Parking Spaces	(c) Loading Area
Residential	1.5 per dwelling unit (minimum of 2)	n/a
Auditorium, theatre, church or hall	1 per 4 seats	n/a
Hotel, motel, or tourist home	1 per guest room	n/a
Restaurants (including take outs)	1 per 100 square feet (9.3 square metres) minimum of 10	n/a
Business and professional offices	1 per 300 square feet (27.9 square metres)of floor area.	n/a
Warehouse and storage facilities and other industrial uses	1 per employee	1 per loading bay
Other Commercial Uses	1 per 300 square feet (27.9 square metres) of floor area
Other Institutional or Recreation Uses	1 per 400 square feet (37.2 square metres) of floor area	n/a
Other industrial uses	1 per employee	1 per loading bay
Home occupation	In addition to the required parking for the residential dwelling unit, for every 200 square feet (18.6 square metres) of floor area devoted to the home occupation one additional parking space shall be required.	n/a