Rural Municipality of Brudenell RURAL MUNICIPALITY OF

RURAL MUNICIPALITY OF BRUDENELL ZONING BYLAW

Rural Municipality of Brudenell RURAL MUNICIPALITY OF BRUDENELL ZONING BYLAW March 28, 2019

Stantec Consulting Ltd.

102-40 Highfield Park Drive Dartmouth NS B3A 0A3

Prepared by:

Rural Municipality of Brudenell Zoning Bylaw

Prepared for: Rural Municipality of Brudenell, PEI

Prepared by: Stantec Consulting Ltd.

March 28, 2019

SIGN OFF SHEET

This document entitled Rural Municipality of Brudenell Zoning Bylaw was prepared by Stantec Consulting Ltd. (“Stantec”) for the account of the Rural Municipality of Brudenell (the “Client”). Any reliance on this document by any third party is strictly prohibited. The material in it reflects Stantec’s professional judgment in light of the scope, schedule, and other limitations stated in the document and in the contract between Stantec and the Client. The opinions in the document are based on conditions and information existing at the time the document was published and do not take into account any subsequent changes. In preparing the document, Stantec did not verify information supplied to it by others. Any use which a third party makes of this document is the responsibility of such third party. Such third party agrees that Stantec shall not be responsible for costs or damages of any kind, if any, suffered by it or any other third party as a result of decisions made or actions taken based on this document.

Prepared by (signature)

John Heseltine, LPP MCIP, Senior Planner

Reviewed by (signature)

Lesley Cabott, RPP MCIP, Senior Planner


Table of Contents April 2, 2019

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Table of Contents

PART 1 TITLE AND PURPOSE ................................................................................................. 1

PART 2 DEFINITIONS ............................................................................................................. 2

PART 3 ADMINISTRATION .................................................................................................... 7

PART 4 ZONES AND ZONING MAPS .................................................................................. 12

PART 5 INTERPRETATION .................................................................................................... 13

PART 6 GENERAL PROVISIONS FOR ALL ZONES ................................................................ 15

PART 7 RESIDENTIAL (R1) ................................................................................................... 21

PART 8 RURAL RESIDENTIAL (RR) ........................................................................................ 23

PART 9 COMMERCIAL (C1) ............................................................................................... 24

PART 10 RECREATION COMMERCIAL (RC) ......................................................................... 25

PART 11 AGRICULTURE (A1) ................................................................................................ 26

PART 12 INDUSTRIAL (M1) ................................................................................................... 28

PART 13 INSTITUTIONAL (01) ................................................................................................ 29

PART 14 CONSERVATION (03) ............................................................................................ 30

PART 15 GENERAL PROVISIONS FOR SUBDIVISION ............................................................... 31

LIST OF APPENDICES

APPENDIX A ZONING MAP


Part 1 Title and Purpose April 2, 2019

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PART 1 TITLE AND PURPOSE

1.1 These Bylaws shall be known and cited as the Brudenell Zoning Bylaws.

1.2 Bylaws to regulate and control the zoning, subdivision, and development within the Rural Municipality of Brudenell, pursuant to the provisions of the Planning Act, having due regard to:

a) the promotion of the health, safety, convenience, and welfare of the public; b) the preservation of natural amenities; c) the value of land and the nature of its present and prospective uses; d) the promotion of sound environmental practices; and e) the implementation of the Brudenell Official Plan.


Part 2 Definitions April 2, 2019

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PART 2 DEFINITIONS

2.1 In this Bylaw all words shall carry their customary meaning except for those words and phrases defined as follows:

2.1.1 Accessory Building means a building on the same parcel of land as the main building, the use of which is clearly incidental to that of the main building.

2.1.2 Apartment Building means a dwelling designed for occupancy by three or more separate dwelling units, each with their own kitchen and bathroom facilities.

2.1.3 Bed and Breakfast means a dwelling occupied by a resident or residents and used incidentally to provide accommodation of up to three separate rooms to transient travelers, and includes a tourist home but does not include a boarding house.

2.1.4 Condominium means a building in which each individual unit is held in separate private ownership and all floor space, facilities, and outdoor areas used in common by all tenants are owned, administered, and maintained by a corporation created pursuant to the provisions of the appropriate statute.

2.1.5 Consolidate means the legal incorporation of two or more existing parcels of land to form a single larger parcel.

2.1.6 Convenience Store means a retail commercial establishment, supplying daily household necessities for the immediate surrounding area in which articles for sale are restricted to a limited range of primarily food items.

2.1.7 Council means the Council of the Rural Municipality of Brudenell.

2.1.8 Development means:

i. site alteration, including but not limited to

a. altering the grade of the land,

b. removing vegetation from the land,

c. excavating the land,

d. depositing or stockpiling soil or other material on the land, and



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e. establishing a parking lot, locating, placing, erecting, constructing, altering, repairing, removing, relocating, replacing, adding to or demolishing structures or buildings in, under, on or over the land, placing temporary or permanent mobile uses or structures in, under, on or over the land, or changing the use or intensity of use of a parcel of land or the use, intensity of use or size of a structure or building

2.1.9 Development Officer means the person or persons appointed by Council to administer this bylaw.

2.1.10 Development Permit means A permit issued for a development under the regulations or pursuant to a bylaw but does not include a building permit issued under the Buildings Codes Act.

2.1.11 Duplex Dwelling means a dwelling designed for occupancy of two separate units, each with their own kitchen and bathroom facilities.

2.1.12 Dwelling Unit means a unit designed for occupancy with its own kitchen and bathroom facilities.

2.1.13 Industrial means premises where goods or materials are manufactured, processed, assembled, or extracted, or where wholesale trade is carried on including warehousing.

2.1.14 In-law Suite means a self-contained suite constructed in an owner occupied single-detached dwelling for the sole purpose of accommodating a relative or relatives of the owner during a limited time period in which the relative may be in need of such a facility.

2.1.15 Institutional means premises, other than retail or industrial, used for community services and includes:

• Cemeteries and parks

• churches, places of worship, monasteries, and religious institutions

• non-commercial schools, community centres, and government offices

• libraries, museums, and art galleries



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• community care facilities, hospitals, and public child care facilities. Livestock Building means any building or group of buildings with more than 2,000 square feet of floor area used for livestock operations.

2.1.16 Livestock Operation means the use of land or buildings for raising, tending, and feeding of cattle, pigs, poultry, and other animals, and includes dairies and egg production facilities.

2.1.17 Lot or Property means any parcel of land described in a deed or as shown on a registered survey plan.

2.1.18 Major Development means a development or redevelopment involving the provision of new or additional space in excess of 2,000 square meters, exclusive of existing space or that will in the opinion of Council have a major impact on municipal services, transportation, tax rates, retail outlets, institutions, and residential expansion.

2.1.19 Mini-Home means a pre-manufactured dwelling unit having an average width of less than 20 feet, not including appurtenances such as porches, entries, etc. and certified under the Z240 provisions of the Canadian Standards Association (CSA).

2.1.20 Mobile Home means a transportable dwelling unit suitable for permanent occupancy, designed to be transported with or without its own wheeled chassis

2.1.21 Mobile Home Court means a parcel of land whose layout is designed and serviced for the placement of mobile homes.

2.1.22 Motel means a building occupied in whole or in part as a temporary lodging place for an individual and for which there is an exit for any room or suite of rooms directly to the outdoors with access to ground level.

2.1.23 Municipality means the area incorporated and known as the Rural Municipality of Brudenell.

2.1.24 Obnoxious means a use that, from its nature or operation, creates a nuisance or is offensive by the creation of noise or vibration, or by reason of the emission of gases, fumes, dust, and any objectionable odour, or by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste, or other material.

2.1.25 Open Space means land that may be used for landscaping, recreational space, and other outdoor leisure activities.



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2.1.26 Parking Area means an area reserved for parking more than one automobile, and includes lanes between parking spaces.

2.1.27 Parking Space means a space for parking one automobile.

2.1.28 Personal Service Shop means a shop in which personal services such as hair styling, tutoring, tailoring, shoe repairs, computer repair, and small appliance repairs are performed.

2.1.29 Recreational Vehicle Campsites means a designated area, for overnight camping with tents and travel trailers.

2.1.30 Restaurant means buildings or part thereof where food and drink is prepared, and offered for sale to the public.

2.1.31 Retail Store means a building or part thereof in which goods, foods, wares-, merchandise, substances, articles, or things are offered or kept for sale directly to the public at retail.

2.1.32 Senior Housing means a multiple unit dwelling designed for occupation by senior citizens, and is constructed and maintained by a public housing authority or non-profit organization.

2.1.33 Site Plan means an appropriately scaled drawing or drawings of the proposed development of a site, showing the existing and proposed natural and man-made features of the site.

2.1.34 Structure means any construction fixed to, supported by, or sunk into land or water, but excludes a fence concrete and asphalt paving or similar surfacing.

2.1.35 Subdivide shall have a corresponding meaning to subdivision.

2.1.36 Subdivider means the owner of a parcel of land that is being subdivided, or his authorized agent.

2.1.37 Subdivision means the creation of one or more lots through the division of any parcel of land by the use of a deed, a survey plan, or other legal instrument.

2.1.38 Subdivision Agreement means a legal document describing a two-party agreement between a subdivider and Council, the subject of which pertains to actions to be taken in the subdividing of a parcel of land.



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2.1.39 Survey Plan means an appropriately scaled drawing of survey details, certified by a Prince Edward Island land surveyor.

2.1.40 Tourist Home means a dwelling where overnight lodging is offered to the traveling public.

2.1.41 Transient or Temporary Retail Commercial means any person or corporation in the business of selling goods, wares, or merchandise in Brudenell not having a permanent place of business.

2.1.42 Travel Trailer means a vehicle or structure designed to be used as temporary accommodation for travel, recreation, and vacation purposes, and intended to be independent of sewage, water, and electrical service.

2.1.43 Utility Building means a building that houses stationary equipment for telephone, electric power, public water supply, or sewerage services.

2.1.44 Variance means a limited relaxation (10.0%) from the provisions of these regulations with respect to setbacks, area, height, or size of a structure where, owing to the conditions peculiar to the parcel, and not the result of actions of the applicant, a literal enforcement of the regulations would result in unnecessary or undue hardship.

2.1.45 Warehouse means a building used for the storage and distribution of goods for wholesale or retail commercial use but shall not include facilities for a truck or transport terminal yard.

2.1.46 Zone means an area of land designated under this bylaw within which land uses are restricted to those uses specified by these Bylaws.


Part 3 Administration April 2, 2019

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PART 3 ADMINISTRATION

3.1 Administration

3.1.1 The Brudenell Zoning, Subdivision, and Development Bylaws shall be administered by the Development Officer on behalf of the Council for the Rural Municipality of Brudenell.

3.1.2 Notwithstanding the foregoing, the Development Officer shall have the authority to approve or deny development permits in accordance with this Bylaw in all areas except the following:

a) new commercial structures

b) industrial development

c) new multiple family dwellings

d) new institutional structures.

3.1.3 The authority to approve or deny development permits shall be extended to requests for the changing of activities within approved or existing developments that may necessitate the making of minor structural alterations that are in keeping with the integrity of the approved or existing development.

3.2 Development Permit

3.2.1 No person shall without a permit:

a) construct, erect, demolish, move, or make any major structural alterations, excluding general repairs, or repairs due to fire or storm damage, to any building or structure within Brudenell;

b) change the use of an existing building or structure within a particular zone to a use not permitted within that zone, or expand the existing use of a building or structure to the extent that it will require the provision of new or expanded services by the Rural Municipality of Brudenell, or will, in the opinion of Council, cause a traffic hazard, congestion, obnoxious odours, or an inconvenience to residents in the vicinity or to the travelling public;

c) subdivide or consolidate a parcel or parcels of land; or d) commence any "development" without first obtaining a development permit from the

Development Officer.



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3.2.2 Any person wishing to construct, erect, move, or make any major structural alterations, excluding general repairs, or repairs due to storm or fire damage, within Brudenell shall be required to obtain a development permit from the Development Officer prior to the commencement of any site excavation, construction, erection, placement, or alteration. Development permits shall be valid for 12 months from the date of issue if no development has commenced the permit holder may apply for one additional one-year renewal permit.

3.2.3 Any person applying for a development permit shall do so on a form prescribed by Council, and shall submit the application to the Development Officer. Development permit forms are available from the Development Officer or from our website: www.brudenellpei.com.

3.2.4 Every application form shall be signed by the applicant or the applicant's authorized agent.

3.2.5 The Development Officer shall notify the applicant if the application is incomplete or lacking in plan details.

3.2.6 Before issuing a permit, Council shall satisfy themselves that the application meets all other Provincial and Federal Statutes.

3.2.7 Upon being satisfied that the proposed construction, erection, placement, or alteration, is in conformity with all bylaws and other laws in the Rural Municipality of Brudenell, the Development Officer may issue a development permit on receipt of a development permit fee.

3.2.8 Where an application is not entirely clear in its intent, or where an application does not appear to conform with the Zoning and Subdivision Bylaws of the Rural Municipality of Brudenell or any other laws that may be in force, the Development Officer shall submit the application to the Planning Board for interpretation and instruction.

3.2.9 If an application does not conform with the Bylaws of the Rural Municipality of Brudenell or any other laws in force in the Municipality, the Development Officer shall notify the applicant in writing that the development permit is denied.



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3.3 No Development Permit Required

3.3.1 Making a garden, growing a crop, or preparing land for a crop, and making landscaping improvements shall not be interpreted as a change of use and shall not require a development permit from Council.

3.4 Application for a Development Permit

3.4.1 No development permit shall be issued except in conformity with these Bylaws and any other bylaw, regulation, or law in force within the Rural Municipality of Brudenell.

3.4.2 Council may attach such conditions to a development permit as in its opinion are necessary to ensure conformity with these Bylaws or any other law, regulation, or bylaw in force within the Rural Municipality of Brudenell.

3.4.3 Applications for all types of development except single unit owner-occupied dwellings must be approved by the Provincial Fire Marshal’s Office prior to the Development Permit being issued.

3.5 On-Site Sewage Disposal System Permits

3.5.1 Any person making a development application for the construction, erection, placement, alteration, or change of use of any building or structure in Brudenell that will involve the installation of a septic tank sewage disposal system, or will require a larger capacity system, shall furnish evidence that an on-site sewage disposal system permit has been obtained, according to the PEI Sewage Disposal Regulations in the Environmental Protection Act, prior to the issuance of a development permit and is required to be installed prior to occupancy.

3.5.2 Any person making a subdivision application shall furnish evidence that an on-site sewage disposal system permit has been obtained, according to the PEI Sewage Disposal Regulations in the Environmental Protection Act, prior to the issuance of a subdivision permit.



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3.6 Amendments to the Zoning Bylaw

3.6.1 Rezoning of land within the Rural Municipality of Brudenell is accomplished by making amendments to these Bylaws in accordance with Part III of the Planning Act.

3.6.2 Any person applying for a rezoning permit shall do so on a form prescribed by Council and shall submit the application to the Administrator.

3.6.3 Every application form shall be signed by the applicant or by the applicant's authorized agent and shall be accompanied by an administration fee.

3.6.4 Every application shall be accompanied by a geo-linc map outlining the area to be rezoned in red and all adjacent lands in the possession of the applicant in blue.

3.6.5 Any person desiring an amendment to these Bylaws shall apply in writing to Council describing in detail the reasons for the desired amendment and requesting Council to consider the proposal.

a) Council shall determine whether or not to pursue such an amendment and, before making any decision, shall examine the Official Plan to ensure that the amendment will not be contrary to any policy in the Official Plan.

b) No amendment shall be made to these Bylaws that would be contrary to any policy of the Official Plan without a prior review and amendment of the Official Plan in accordance with the requirements of the Planning Act.

3.6.6 No amendment shall be made to these Bylaws unless the Planning Board calls a public meeting to receive public comment on the proposed amendment, and provides for adequate public notice in accordance with the Planning Act and regulations, which shall be given at least seven clear days before the date of the public meeting.

3.6.7 At any public meeting called in respect of an amendment to these Bylaws, Council shall preside, the person proposing the amendment shall describe and defend the proposed project, and the opinions of any person shall be heard for consideration by Council.

3.7 Bylaw Appeal and Enforcement

3.7.1 The Bylaw Enforcement Officer or an employee of a the Municipality may, after giving not less than 24 hours’ notice to the owner or occupier of land or a building or other structure, enter a building or premises at a reasonable hour in the performance of duties with respect to the administration and enforcement of these Bylaws and per Section 236 of the Municipal Government Act and Section 27(2) of the Planning Act.



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3.7.2 The Island Regulatory and Appeals Commission, shall hear and determine any appeal pursuant to Part V of the Planning Act (1988).

3.7.3 Pursuant to Part IV of the Planning Act (1988) a person who violates any provision of these Bylaws is guilty of an offense and liable to a summary conviction and fine as set out in Section 26. (1) of the Act.


Part 4 Zones and Zoning Maps April 2, 2019

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PART 4 ZONES AND ZONING MAPS

4.1 Zones:

4.1.1 All lands within the boundaries of the Rural Municipality of Brudenell shall have a zoning designation under these Bylaws.

4.1.2 Schedule A to these Bylaws shall be a map showing the boundaries of each zone, a large copy of which shall be filed with the Chief Administrative Officer (CAO) and with the Office of the Registrar of Deeds.

4.1.3 Boundaries of zones shall be interpreted as following property lines, street lines, community boundary lines, or water boundaries, as may be the case, but where zone boundaries do not align with any of the foregoing they shall be scaled from the original zoning map.

4.1.4 The following zones shall apply in the Rural Municipality of Brudenell and shall be identifiable by the attached symbol as may be convenient:

Zones Symbol Residential (R1) Rural Residential (RR) Commercial (C1) Agriculture (A1) Industrial (M1) Institutional (O1) Conservation (O3)


Part 5 Interpretation April 2, 2019

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PART 5 INTERPRETATION

5.1 Symbols

5.1.1 The symbols used on the Zoning Map refer to the corresponding zones established in the Bylaw.

5.2 Interpretation of Zone Boundaries

5.2.1 The extent and boundaries of zones are shown on the Zoning Map and the appropriate provisions of this Bylaw shall apply to all zones.

5.2.2 Boundaries between zones shall be determined as follows:

(i) where a zone boundary is indicated as following a street, the boundary shall be the centre line of the street unless otherwise indicated;

(ii) where the zone boundary is indicated as approximately following lot lines, the boundary shall follow the lot lines;

(iii) where a right-of-way or a watercourse shown on a zoning map serves as a zone boundary, the centre line of the right-of-way or watercourse shall be considered the boundary between the zones unless otherwise indicated;

(iv) where a zone boundary is indicated as following the edge of a watercourse, the zone shall follow any change in the boundary of that watercourse;

(v) where none of the above applies, and where appropriate, the zone boundary shall be scaled from the Zoning Map.

5.3 Interpretation of Certain Words

5.3.1 In this Bylaw, words used in the present tense include future; words in the singular number include the plural; words in the plural include the singular; the word "used" includes "arranged to be used", "designed to be used", or "intended to be used"; and the word "shall" is mandatory.

5.3.2 All official measurements are in imperial measure. Where metric measurements are provided, they are for information purposes only.

5.4 Permitted Uses

5.4.1 In this Bylaw any use not listed as a permitted use in a zone is prohibited in that zone unless otherwise indicated.


Part 5 Interpretation April 2, 2019

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5.4.2 Where a permitted use within any zone is defined in this Bylaw, the uses permitted in the zone include any similar uses that satisfy such definition except where a definition specifically excludes any similar use.

5.5 Schedules

5.5.1 All schedules, figures, and appendices attached to this Bylaw form an official part of the Bylaw.


Part 6 General Provisions for all Zones April 2, 2019

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PART 6 GENERAL PROVISIONS FOR ALL ZONES

6.1 Accessory Buildings and Structures

6.1.1 An accessory building shall be permitted in any zone if, in the opinion of Council, it is clearly incidental in use to the main building.

6.1.2 No person shall build an accessory building in front of the main dwelling or less than 15 feet (4.57 metres) from any lot line unless granted a variance.

6.1.3 Any accessory building that is attached to a dwelling shall be considered as part of the dwelling.

6.2 Business or Professional Office

6.2.1 In any zone, a business or professional office may be located in a dwelling or an accessory building provided that:

a) the owner of the business lives in the dwelling; b) not more than two employees live outside the dwelling; c) not more than 50% of the total floor area of the dwelling is used for the business; d) off-street parking is provided; e) no outdoor storage of materials or product display is used in conjunction with the

business; f) and the external appearance of the dwelling is not changed.

6.3 Frontage on a Street

6.3.1 No development permit shall be issued unless the lot or parcel of land intended to be used or on which the building or structure is to be erected abuts and fronts on a public street.

6.3.2 Notwithstanding Section 6.3.1(1) above, Council may approve a Development Permit for a residential or commercial structure that fronts on a private right of-way, provided the following criteria are met:

a) no reasonable provision can be made to provide access to a public street; b) safe ingress and egress from the lot can be provided; c) the residential or commercial structure can be conveniently connected to municipal

service(s), if required, at no cost to the municipality or utility; and d) an agreement is registered in the Provincial Land Registry Office providing for the

long-term ownership and maintenance of the private right of-way by all property



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owners abutting or fronting on the right-of way that shall be binding on them as well as on all heirs, successors, and assignees of the parties to the agreement.

6.4 Highway Access

6.4.1 Along all highways, no person shall change the use of any access driveway to a more intensive use without the approval of Council and the Provincial Department of Transportation, Infrastructure and Energy.

6.4.2 Along all highways, no person shall sever a lot unless:

a) a dwelling is intended to be constructed on the lot and is to be served by the existing farm home access driveway and has approval from the Provincial Department of Transportation, Infrastructure and Energy; or

b) a subdivision road is prepared to serve five or more lots and is served by the existing farm home access driveway and approval from the Department of Transportation, Infrastructure and Energy is required in all circumstances.

6.4.3 Where an Entrance Way Permit is required under the Roads Act and Highway Access Regulations, its issuance shall be a condition of the approval of a development permit.

6.4.4 Along any public road in any zone:

a) any parcel of land that is an existing land parcel, a farm or a lot created in conformity with the requirements imposed by these Bylaws, shall require a valid entranceway as recognized by the Department of Transportation, Infrastructure and Energy; and

b) no person shall construct or use any access driveway except where that access driveway meets the minimum sight distance standards set out by the Department of Transportation, Infrastructure and Energy.

6.4.5 Notwithstanding any other provisions of the Bylaws, and except as provided for under Section 29.1 (d) of the Arterial Highways Regulations of the Roads Act RS.P.E.I. 1988, Cap. R-15, any subdivision of land or any building development on existing parcels of land bordering on the Provincial Arterial Roads System, as defined under the Planning Act R.S.P.E.I. 1988, Cap. P8, shall conform to the provisions of the Planning Act Regulations, and the provisions of the Arterial Highways Regulations of the Roads Act.

6.5 Livestock Operations

6.5.1 In the interest of conserving, protecting, and encouraging the development and improvement of agricultural land, the growing of agricultural crops, the construction and use of agricultural buildings or structures, and the practice of normal farm activities shall be permitted uses on open lands in all zones, subject to the following provisions:



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a) the open lands be at least 2 acres (4,046.85 square metres) in size; and b) a new livestock facility and the conversion or renovation of old facilities for livestock use

must be approved by Department of Communities, Land and Environment regulations on distance from dwellings and the nearest domestic well or watercourse.

6.5.2 Livestock operations and other agricultural activities established before the passing of these Bylaws or legally established under these Bylaws shall be permitted to continue.

6.6 Multiple Uses

6.6.1 In any zone, where any land or building is used for more than one purpose, all provisions of the Bylaw relating to each use shall be satisfied. Where there is a conflict, such as in the case of lot size or frontage, the standards that apply to the most dominant use shall prevail.

6.7 Non-Conforming Structure or Use

6.7.1 Any use of a building or land that does not conform to these Bylaws shall be permitted to continue if it was legally established before the passing of these Bylaws.

6.7.2 If a non-conforming use is intensified or altered, written permission from Council is required.

6.7.3 Where a non-conforming structure is located in a zone that permits the use made of it, it may be:

a) rebuilt or repaired, if destroyed or damaged by fire or otherwise, if it is substantially the same as it was before the destruction or damage and it is occupied by the same use;

b) enlarged, reconstructed, repaired or renovated where the enlargement, reconstruction, repair, or renovation does not further reduce the minimum required yards or separation distance that do not conform to the zoning bylaw and all other applicable provisions of the zoning bylaw except minimum frontage and area are satisfied.

6.7.4 A non-conforming use of land may not be:

a) extended beyond the limits that the use legally occupies; b) changed to any other use except a use permitted in the zone; and c) re-commenced, if discontinued for a continuous period of six months.



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6.7.5 Where there is a non-conforming use in a structure, the structure may not be:

a) expanded or altered so as to increase the volume of the structure capable of being occupied; or

b) repaired or rebuilt, if destroyed or damaged by fire or otherwise, to the extent of more than 75% of the market value of the building above its foundation, except in accordance with the zoning bylaw and, after the repair or rebuilding, it may only be occupied by a use permitted in the zone.

6.7.6 Except for any parcel of land proposed for livestock use, any undersized lot or parcel of land that has been legally created in any zone prior to the passing of these Bylaws shall be exempt from the minimum size requirements of these Bylaws, provided that all other requirements of these Bylaws are satisfied.

6.8 One Main Building on a Lot

6.8.1 Except in an Agriculture (AI) Zone, a Commercial (Cl), or an Institutional (OI) Zone, no person shall build or place more than one main building on a parcel of land in any zone.

6.8.2 No person shall place more than one travel trailer on a parcel of land in any zone unless a recreational vehicle campsite is established for that purpose and is approved by Council.

6.9 Parking and Loading Requirements

6.9.1 Off-street parking shall be provided according to the following table:

Uses Parking Spaces Dwellings, Tourist Homes, Motels One for each dwelling or sleeping unit Stores, Offices, Businesses One per 212 square feet (19.69 square metres) of floor area Restaurants 1per 4 seats Schools, Churches, Places of Assembly 1 for every 5 seats of assembly Other As required by Council

6.9.2 A parking space shall have a minimum size of 10 feet (3.05 metres) by 20 feet (6.10 metres) and shall have clear access to a maneuvering lane.

6.10 Public and Private Utilities

6.10.1 A utility building or structure may be established in any zone if, in the opinion of Council, the use and design will be in keeping with the immediate surrounding properties.



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6.11 Temporary Uses, Buildings and Structures Permitted

6.11.1 Temporary construction camps and structures shall be permitted in all zones during construction and up to a maximum of 60 days after the completion of building.

6.11.2 Written permission from Council is required for transient or temporary retail commercial operations. The vendor must state the nature of the business, and the location and structure used, as well as a time limit for operation.

6.11.3 Temporary senior housing shall be allowed in all zones with written permission from Council.

6.12 Variance

6.12.1 Where Council is presented with an application that does not conform to the requirements of these Bylaws, Council shall determine whether to grant a minor variance.

6.12.2 Council may grant a minor variance, not exceeding 10%, from the minimum lot area and frontage, the minimum yard dimensions, and the area of land that may be built on, provided there is no intentional disregard for this Bylaw or for the intent of the Bylaw and the difficulty is not general to the area.

Examples:

15.0 feet (4.57 metres) requirement from lot line - variance 10.0% = 1.5 feet (0.457 metres)

15.0 feet (4.57 metres) – 1.5 feet (0.457 metres) = 13.5 feet (4.11 metres) from lot line if all other requirements are met.

6.13 Watercourse Separation Distance

6.13.1 Notwithstanding anything contained in this part, no person shall place or erect any building or structure:

a) within 75 feet (22.86 metres) of the mean high-water mark of any river, stream, or other body of water; or

b) within 75 feet (22.86 metres) of any embankment, excluding highway ditches, the slope of which is greater than 30 degrees from horizontal.

6.13.2 Notwithstanding any other provision, of these Bylaws, all subdivisions of land and building development within 1,640 feet (500 metres) of the mean highwater mark of the shoreline, shall conform to the provisions of the Watercourse and Wetland Protection Regulations.



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6.13.3 The provisions of the Watercourse and Wetland Protection Regulations referred to above (6.8.2) shall serve as minimum standards for the purposes of the subdivision of land and building development within Brudenell, and may, as required by the Rural Municipality of Brudenell, be made more stringent.

6.13.4 Reference to Minister in the Watercourse and Wetland Protection Regulations shall be interpreted, where appropriate, as being referenced to Brudenell Council.

6.14 Water and Sewer Systems

6.14.1 No person shall install an on-site sewage disposal system without first obtaining a site suitability assessment and a septic permit from the Province.

6.15 Alteration of Land Elevations or Grades

6.15.1 Subject to the following, no person may strip, excavate, or otherwise remove top soil for sale or use from a lot or other parcel of land or operate an excavation pit as defined in the Excavation Pit Regulations of the Environmental Protection Act, R.S.P.E.I. 1988, Cap. E-9:

a) Where a Development Permit has been issued in connection with the construction of a building or structure or where a subdivision plan is approved, and where there is an excess of soil material other than that required for grading and landscaping on the lot, such excess may be removed for use or sale.

b) The farming of sod in areas other than an agriculture zone may be carried on where the owner of the land has entered into an agreement with the council for the satisfactory rehabilitation of the land provided it is done in accordance with the Environmental Protection Act, R.S.P.E.I. 1988, Cap. E-9, and its regulations, as amended from time to time.

c) The Municipality may enter into an agreement for the removal of excess soil material or the infill of a lot or the dumping of material and place any requirements it deems necessary to protect adjacent land or the environment provided the work is done in accordance with the Environmental Protection Act, R.S.P.E.I. 1988, Cap. E-9, and its regulations, as amended from time to time.

d) The Municipality may require provision of a buffer as part of any development agreement or approval of a subdivision.

e) Any change to existing landscaping elevations that will impact the existing surface water drainage patterns onto adjoining lots or public streets or rights of way shall require a development permit be first obtained.


Part 7 Residential (R1) April 2, 2019

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PART 7 RESIDENTIAL (R1)

7.1 Permitted Uses

7.1.1 The following uses shall be permitted in the Residential (R1) Zone:

(i) single-detached dwellings (ii) duplex dwellings (iii) apartment buildings (iv) parks and playgrounds (v) summer cottages (vi) neighbourhood convenience stores (vii) public service and institutional buildings (viii) motel facilities (ix) accessory buildings (x) apartment buildings (xi) bed and breakfast.

7.2 Residential (R1) Zone Requirements

7.2.1 In the Residential (R1) Zone, lots shall conform with the following standards:

Minimum Lot Area 25,000 square feet (2,322.58 square metres) Minimum Lot Width at the Building Line 150 feet (45.72 metres) Minimum Front Yard 50 feet (15.24 metres) Minimum Back Yard 25 feet (7.62 metres)

Minimum Side Yard 15 feet (4.57metres)

Maximum Building Height 35 feet (10.67 metres) Exception: grandfathered lots only require that a 150’ diameter circle can be placed within the lot and the lot meets the minimum requirements for sewage disposal in accordance with the Environmental Protection Act and Sewage Disposal Regulations (EC298/97) (EC693/00). Note: All new lots must conform to the Minimum Lot Size Standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as may be amended.


Part 7 Residential (R1) April 2, 2019

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7.2.2 Where an institutional building or a neighbourhood convenience store is constructed in the Residential (R1) Zone, the following standards shall apply:

Minimum Front Yard 50 feet (15.24 metres) Minimum Back Yard 35 feet (10.67 metres) Minimum Side Yard 15 feet (4.57 metres) Maximum Building Height 35 feet (10.67 metres)

7.2.3 Along any public road in a Residential (R1) Zone, no person shall sever a lot unless:

a) the lot to be severed is in conformity with the requirements imposed by these Bylaws.

7.2.4 In the (R1) Residential zone, a public service and institutional building or a neighbourhood convenience store may be established on a separate lot from a dwelling if:

a) the lot conforms with the Province-wide Minimum Development standards; b) a buffer strip of land not less than 15 feet (4.57 metres) wide kept and maintained,

properly landscaped, free of parking or buildings, along the street line across from a dwelling lot and along the lot line next to a dwelling lot;

c) adequate off-street parking is provided; d) no outside storage is provided; and e) exterior lighting and lighted signs are arranged to deflect light away from adjacent

property.


Part 8 Rural Residential (RR) April 2, 2019

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PART 8 RURAL RESIDENTIAL (RR)

8.1 Permitted Uses

8.1.1 The following uses shall be permitted in the Rural Residential (RR) Zone:

(i) single-detached dwellings (ii) parks and playgrounds (iii) summer cottages (iv) agriculture (v) public service and institutional buildings (vi) bed and breakfast operations and country inns (vii) accessory buildings.

8.2 Rural Residential (RR) Zone Requirements

8.2.1 In the Rural Residential (RR) Zone, lots and structures shall conform with the following standards:

Minimum Lot Area 1 acre (4,046.86 square metres) Minimum Lot Width at the Building Line 150 feet (45.72 metres) Minimum Front Yard 50 feet (15.24 metres) Minimum Back Yard 25 feet (7.62 metres) Minimum Side Yard 15 feet (4.57 metres) Maximum Building Height 35 feet (10.67 metres) Note: All new lots must conform to the Minimum Lot Size Standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as may be amended.

8.2.2 Along any public road in a Rural Residential (RR) Zone, no person shall sever a lot unless:

a) the existing parcel of land from which the lot is severed has a frontage of at least 400 feet (121.92 metres); and

b) the lot to be severed is in conformity with the requirements imposed by these Bylaws.


Part 9 Commercial (C1) April 2, 2019

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PART 9 COMMERCIAL (C1)

9.1 Permitted Uses

9.1.1 In the Commercial (C1) Zone, no person shall use any land or building or part thereof except for those uses permitted in the(R1) and (RR) Zones, subject to the provisions of those zones; and any of the following commercial uses that, in the opinion of Council, are compatible with surrounding uses in the zone and adjacent zones:

(i) retail stores (ii) business and professional offices (iii) service and personal service shops (iv) banking and financial institutions (v) restaurants and lounges (vi) entertainment facilities (vii) institutional buildings (viii) accessory buildings (ix) warehouses (x) transient or temporary retail commercial (xi) hotels, motels, or other tourist establishments (xii) activities connected with the automobile trade except for a scrap yard.

9.2 Commercial (C1) Zone Requirements

9.2.1 In the Commercial (C1) Zone, lots and structures shall conform with the following standards:

Minimum Lot Area 25,000 square feet (2,322.58 square metres) Minimum Lot Width 150 feet (45.72 metres) Minimum Front Yard 50 feet (15.24 metres) Minimum Back Yard 25 feet (7.62 metres) Minimum Side Yard 15 feet (4.57 metres) Maximum Building Height 35 feet (10.67 metres) Note: All new lots must conform to the Minimum Lot Size Standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as may be amended. 9.2.2 Along any public road in a Commercial (Cl) Zone, no person shall sever a lot unless:

a) the existing parcel of land from which the lot is severed has a frontage of at least 200 feet (60.96 metres) and



Part 10 recreation Commercial (RC) April 2, 2019

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PART 10 RECREATION COMMERCIAL (RC)

9.1 Permitted Uses

10.1.1 In the Recreation Commercial (RC) Zone, no person shall use any land or building or part thereof except for those uses permitted in the(R1) and (RR) Zones, subject to the provisions of those zones; and any of the following commercial uses that, in the opinion of Council, are compatible with surrounding uses in the zone and adjacent zones:

(i) commercial recreational uses (ii) businesses directly associated with and operated in conjunction with the

foregoing (iii) accessory buildings.

10.2 Recreation Commercial (RC) Zone Requirements

10.2.1 In the Commercial (C1) Zone, lots and structures shall conform with the following standards:

Minimum Lot Area 25,000 square feet (2,322.58 square metres) Minimum Lot Width 150 feet (45.72 metres) Minimum Front Yard 50 feet (15.24 metres) Minimum Back Yard 25 feet (7.62 metres) Minimum Side Yard 15 feet (4.57 metres) Maximum Building Height 35 feet (10.67 metres) Note: All new lots must conform to the Minimum Lot Size Standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as may be amended. 10.2.2 Along any public road in a Recreation Commercial (RC) Zone, no person shall sever a lot

unless:

a) the existing parcel of land from which the lot is severed has a frontage of at least 200 feet (60.96 metres) and



Part 11 Agriculture (A1) April 2, 2019

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PART 11 AGRICULTURE (A1)

11.1 Permitted Uses

11.1.1 The following uses shall be permitted in the Agriculture (A1) Zone:

(i) single-detached dwellings (ii) duplex dwellings (iii) parks and playgrounds (iv) summer cottages agriculture (v) farm buildings or structures for the improvement of farm property (vi) farm buildings or structures for livestock operations (vii) bed and breakfast operations and country inns (viii) accessory buildings.

11.2 Agricultural (A1) Zone Requirements

11.2.1 In the Agriculture (A1) Zone, lots shall conform with the following standards:

Minimum Lot Area 1 acre (4,046.86 square metres) Minimum Lot Width 150 feet (45.72 metres) Note: All new lots must conform to the Minimum Lot Size Standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as may be amended.

11.2.2 In the Agriculture (A1) Zone, structures shall conform with the following standards:

Minimum Front Yard 50 feet (15.24 metres) Minimum Back Yard 25 feet (7.62 metres) Minimum Side Yard 15 feet (4.57 metres) Maximum Building Height 35 feet (10.67 metres)

11.2.3 In the Agriculture (A1) Zone, Council shall not approve the subdivision of a lot that does not have frontage on a public road unless:

a) the distance of the lot from the public road is· at least 200 feet (60.96 metres); b) access to the lot is by way of a registered right of way agreement; and c) the lot size meets the minimum requirements of these Bylaws.


Part 11 Agriculture (A1) April 2, 2019

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11.2.4 In the Agriculture (A1) Zone, no permit shall be issued for a livestock building except where the following requirements are met:

Minimum Lot Area 2 acres (8,093.71 square metres) Minimum Lot Width 200 feet (60.96 metres) Minimum Front Yard 150 feet (45.72) Minimum Back Yard 50 feet (15.24 metres) Minimum Side Yard 15 feet (4.57 metres) Minimum Distance from Domestic Well or Watercourse 300 feet (91.44 metres)

Note: All new lots must conform to the Minimum Lot Size Standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as may be amended.

11.2.5 In the Agriculture (A1) Zone, no subdivision shall be approved and no development permit shall be issued except where the distance from any livestock building on adjacent land is at least 300 feet (91.44 metres).

11.2.6 Along any public road in an Agriculture (AI) Zone, no person shall sever two or more lots unless the existing parcel of land from which the lots are severed has a frontage of 20 chains (1,320 feet or 402.34 metres) or more, in which case one lot may be severed in respect of each 10 chain (660 feet or 201.17 metres) interval (1 Chain = 66 feet or 20.12 metres).


Part 12 Industrial (M1) April 2, 2019

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PART 12 INDUSTRIAL (M1)

12.1 Permitted Uses

12.1.1 The following uses shall be permitted in the Industrial (M1) Zone:

(i) those uses permitted in the Residential (R1), Rural Residential (RR) and Commercial (C1) Zones, subject to the provisions of those zones; and

(ii) any manufacturing, industrial, assembly, or warehousing operation that is not deemed an obnoxious use by reason of sound, odour, dust; fungi or smoke; or other obnoxious emission effluent; and which, in the opinion of Council, is compatible with surrounding uses in the zone and adjacent zones.

12.2 Industrial (M1) Zone Requirements

12.2.2 In the Industrial (M1) Zone, lots and structures shall conform with the following standards:

Minimum Lot Area 25,000 square feet (2,322.58 square metres) Minimum Lot Width 150 feet (45.72 metres) Minimum Front Yard 50 feet (15.24 metres) Minimum Back Yard 25 feet (7.62 metres) Minimum Side Yard 15 feet (4.57 metres) Maximum Building Height 35 feet (10.67 metres) Note: All new lots must conform to the Minimum Lot Size Standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as may be amended.


Part 13 Institutional (01) April 2, 2019

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PART 13 INSTITUTIONAL (01)

13.1 Permitted Uses

13.1.1 The following uses shall be permitted in the Institutional (01) Zone:

(i) institutional buildings or structures, either public or private (ii) passive and active non-commercial recreational uses (iii) accessory buildings.

13.2 Institutional (01) Zone Requirements

13.2.1 In the Institutional (01) Zone, lots and structures shall conform with the following standards:

Minimum Lot Area 25,000 square feet (2,322.58 square metres) Minimum Lot Width 150 feet (45.72 metres) Minimum Front Yard 50 feet (15.24 metres) Minimum Back Yard 25 feet (7.62 metres) Minimum Side Yard 15 feet (4.57 metres) Maximum Building Height 45 feet (13.72 metres) Note: All new lots must conform to the Minimum Lot Size Standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as may be amended.

13.2.2 Notwithstanding Section 13.2.1, on lands owned by the Great Wisdom Buddhist Institute and zoned

Institutional, the following shall apply:

a) no structure shall be built within 50 feet of a property line, the road frontage, or the Brudenell River.

b) Council may consider approval of a traditional pagoda not to exceed 75 feet in height.


Part 14 Conservation (03) April 2, 2019

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PART 14 CONSERVATION (03)

14.1 Permitted Uses

14.1.2 The following uses shall be permitted in the Conservation (03) Zone:

(i) existing heritage structures (ii) parking areas, trails, and open spaces supporting the foregoing (iii) accessory buildings.

14.2 Conservation (03) Zone Requirements

14.2.1 Due to the unique historical significance of the French cemetery in the Conservation (03) Zone, no person, without prior approval from Council, shall:

a) construct or place any building or structure within the zone; b) operate any motorized vehicle, including off-road recreational vehicles, within the

zone; or c) remove any artifact from the zone.


Part 15 GENERAL PROVISIONS FOR SUBDIVISION April 2, 2019

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PART 15 GENERAL PROVISIONS FOR SUBDIVISION

15.1 Subdivision of Land

15.1.1 No person shall subdivide land within the boundaries of the Rural Municipality of Brudenell unless the subdivision:

a) has final approval from Council; b) conforms with the requirements of any bylaw of the Municipality and any other laws

that may be in force; c) is suitable to the topography, physical conditions, soil characteristics, and natural

surface drainage of the land; d) will not cause undue flooding or erosion or adversely affect the water table; and e) has convenient public street access.

15.2 Change to Existing Lots

15.2.1 No person shall reduce the dimensions or change the use of any lot in an approved subdivision where Council deems these would be a detrimental effect on neighboring property owners.

15.2.2 No person shall sell or convey any interest in a lot before Council has approved the lot.

15.2.3 No person shall subdivide one or more lots or any portion of a lot and no person shall consolidate two or more parcels of land until the conditions of these Bylaws are met and Council has approved the change.

15.3 Subdivision Approval

15.3.1 Council shall evaluate any proposed subdivisions to determine whether, in its opinion, appropriate street design standards and lot configurations have been used to promote the development of safe, convenient, and pleasant neighbourhoods.

15.3.2 Council may refuse to approve a subdivision that, in its opinion, is unsuitable under the provisions of these Bylaws.

15.3.3 In formulating its opinion, Council may consult with Government officials and private consultants, and may conduct a public meeting to consider public opinion.



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15.4 Subdivision Agreement

15.4.1 The subdivision agreement may cover any matters relating to:

a) design and construction costs of streets, sidewalks, storm drainage, water supply, sewerage, and street lighting;

b) dedication of land for public recreation purposes, or payment of a fee in lieu of land, up to 10% of the size of the subdivision or the value of the subdivided land;

c) deeding of streets to the Department of Transportation, Infrastructure and Energy; and

d) posting of a financial guarantee satisfactory to Council.

15.5 Subdivision Permits

15.5.1 All subdivision of land within Brudenell, whether one lot or more, shall require a subdivision permit from the Administrator or Council.

15.5.2 Any person applying for a subdivision permit shall do so on a form prescribed by Council and shall submit the application to the Administrator.

15.5.3 Every application form shall be signed by the applicant or by the applicant’s authorized agent and shall be accompanied by an application fee.

15.5.4 Subdivision applications submitted to the Administrator, shall be accompanied by a geo-linc map or properly scaled drawing showing the proposed subdivision(s) with the estimated dimensions of lots, location of structures, and any significant natural or man-made features, and all streets and services, both existing and proposed. The Administrator will get the application to the Chair of the Planning Board.

15.5.5 The Administrator, on behalf of Council, shall, within60 days, advise the subdivider in writing that the subdivision has been approved in principle, approved in principle with certain specific conditions, or that the subdivision cannot be approved in principle.

15.5.6 Any preliminary approval in principle that is given by Council shall be effective for a period not exceeding 12 months from the date on which notice of approval in principal is given in writing by the Administrator.

15.5.7 Where a subdivision would result in one or more lots of 10 acres or more, a plan of subdivision drawn accurately to scale on a provincial property map may be submitted in lieu of a certified survey plan for those lots that will be 10 acres or greater in area.



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15.5.8 Final approval of a subdivision shall not be given by Council until:

a) all agreements and other pertinent documents have been prepared and concluded to the satisfaction of Council;

b) all transactions involving the transfer of money or land in conjunction with the subdivision have been made to the satisfaction of Council;

c) except for the subdivision of land for agricultural purposes larger than 10 acres, the subdivision has been surveyed and the survey plan has been certified by a Prince Edward Island Land Surveyor; and

d) approval obtained from appropriate provincial departments.

15.5.9 The Administrator, on behalf of Council, shall give notice in writing of final approval of a subdivision to the subdivider, and shall issue a subdivision permit on receipt of a subdivision permit fee.

15.5.10 Development Officer shall place its seal on all six copies of the survey plan, retain one copy for its own records, return two copies to the subdivider, and return all remaining copies to the Administrator.

15.5.11 The Development Officer shall file a copy of the survey plan of an approved subdivision with:

a) Geomatics Information Centre; b) Maritime Electric Company; and c) Bell Aliant.

15.5.12 Council may approve lot consolidations, partial lots, or easements at its discretion, having regard for only those provisions that it deems applicable to each individual application, provided the application conforms with all other sections of these Bylaws. The Administrator must notify the applicant in writing of approval as well as the Registrar of Deeds and the Geomatics Information Centre.

15.5.13 Council may revoke approval of a subdivision approved under this Part if no development has occurred within five years from the date of final approval of the subdivision and no lots have been conveyed.

APPENDIX A ZONING MAP

ProjectLocation

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BRUDENELL - ZONINGResidential

Rural Residential

Commercial

Agriculture

Industrial

Institutional

Conservation

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NAD 1983 CSRS Prince Edward Island ST_NS_133347662-01

Disclaimer: This map is for illustrative purposes to support this Stantec project ; quest ions can be direct ed t o t he issuing agency.

Figure 1

Zoning MapSources: from Client

BRUDENELL OFFICIAL PLAN REVIEW

0 0.3 0.6 0.9 1.2

kilometres

Design with community in mind

Documents

Rural Municipality of Brudenell RURAL MUNICIPALITY OF