COMMUNITY OF MISCOUCHE: BYLAWS

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COMMUNITY OF MISCOUCHE
2OOO ZONING AND SUBDIVISION CONTROL BYLAWS
1.0 Introduction The following Bylaws were prepared to regulate the use and subdivision of land, as well as the use and location of buildings and structures, in the Community of Miscouche, in order to promote the public health, safety aesthetics, and general welfare of its residents. As a consequence, the lands within the Community of Miscouche have been divided into zones pursuant to the provisions of the Province’s Planning Act R.S.P.E.l. 1988, Cap. P-8, having due regard to:
a) the promotion of the health, safety, convenience, and welfare of the
public;
b) the preservation of the natural environment;
c) the value of land and the nature of its present and prospective uses; and
(l) the promotion of sound environmental and agricultural practices; and
e) the implementation of the Miscouche Official Plan

2.0 Definitions
2.1 These Bylaws shall be known and cited as the 2000 Community of Miscouche Zoning and Subdivision Control Bylaws. 2.2 for the purpose of these Bylaws:
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.
Community” means the Community of Miscouche.
Convenience store” means a business, to a maximum of 2500 sq. ft. of gross leasable area, limited to the following services: retail grocery and sundries, video rentals, and fast food outlets.
Council” means the Community Council ofthe Community oI Miscouche.
Duplex” means a building that is divided horizontally into two (2) separate dwelling units, each of which has an independent entrance from a common vestibule.
Dwelling” or “dwelling unit” means a unit designed for occupancy by a family, with its own separate kitchen and bathroom facilities.

family” means one or more individuals living together as a unit.
Farm” means arable land greater than ten (10) acres in size and complimentary buildings, operated as a farm enterprise by a bona fide farmer and includes land leased from the Crown and operated as part of a farm enterprise, but excludes land leased or rented from owners who are not bona fide farmers.
Farm Enterprise” for the purposes of these regulations has the same meaning as set out in the Real Property Assessment Act, R.S.P.E.l. 1988, Cap. R-5.

frontage” means all land abutting on one side of a street or road measured along the street or road line.
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” means the rearing of livestock or poultry which may be confined in buildings, open sheds, yards, padlock’s or by field grazing, the numbers of which. type of management system, minimum separation distance, etc., as recommended by the P.E.L Department of Agriculture and Forestry’s “Guidelines for Manure Management and Separation Distances” shall define intensive use for the purpose of evaluating the environmental impact of such an operation on the surrounding area.
major development” means:

i) any new commercial, industrial, or public service and institutional development in excess o[ 2,500 sq. ft./ 232.5 sq. m. in floor area;

ii) the expansion of any existing commercial, industrial, public service and institutional development to a total floor area in excess of 2,500 sq. ft./ 232.5 sq. m.;

iii) a new intensive livestock operation, or an existing livestock operation which is to be expanded to an intensive use level as defined in the Department of Agriculture and Forestry’s “Guidelines for Manure Management and Separation Distances”;

iv) an abattoir;

v) a public utility building or structure;

vi) crematoriums.

mobile home” means a transportable dwelling unit suitable for long-term occupancy, designed to be transported on its wheels and chassis, and, when located, fixed on a firmly grounded foundation;
(a) “mobile home court” means a lot or parcel of land planned and developed for the placement of mobile homes;

(b)”mobile home space” means a space in a mobile home court for the placement of a mobile home.
open space” means that portion of a lot at ground level unoccupied by any buildings or structures that is available to all the occupants of buildings or structures on the lot and is unobstructed to the sky, and may be used for landscaping, drying yards, recreational space and other leisure activities normally carried on outdoors; but does not include space used for service driveways or off-street parking space or loading space.
parking lot” means an open area of land other than a street or access driveway, or an area within a structure used for the parking of vehicles.
parking space” means a space on a parking lot for the temporary parking or storage of a vehicle.
personal service shop” means a shop in which personal services such as hair styling, tutoring, tailoring, shoe repairs, and small appliance repairs are performed.

semi-detached dwelling” means a building divided vertically into two (2) separate dwelling units, each of which has an independent entrance.

site plan” means a plan drawn to a suitable architectural scale showing details of existing and proposed features on a parcel of land which is the subject of an application for development.
structure” means any construction fixed to, supported by or sunk into Land or water, but excludes concrete or asphalt paving or similar surfacing, and a fence six (6) feet or less in height.
subdivider” means the owner of a parcel of land which is being subdivided, or his  authorized agent.
subdivision” means a division of a parcel of Land by means of a plan of subdivision, plan of survey, agreement, deed or any instrument, including a caveat, transferring oi creating an estate or interest in part of the parcel.
subdivided” shall have a corresponding meaning.
subdivision agreement” means a legal document describing a two-party agreement between a subdivider and the authority having jurisdiction, the subject of which pertains to actions to be taken in the subdividing of a parcel of land.
survey plan” means an appropriately scaled drawing of survey details certified by a Prince Edward Island land surveyor.
summer cottage” means a building that is occupied or intended to be occupied seasonally, and includes other buildings or structures used or to be used in conjunction with.

tourist home” means a dwelling in which overnight accommodation is provided or offered for transient guests for compensation.
utility building” means a building which houses stationary equipment for telephone, electric power, public water supply, or sewerage services.
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;
yard” means an open, uncovered, unoccupied space appurtenant to a building;
(a) “flankage yard” means, on a comer lot, that yard extending across the full width of the lot and fronting on a roadway which is not the roadway along which the front yard extends;

(b) “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;

(c) “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

(d) “side yard” means a yard extending across the full width of the lot between a side lot line and the nearest main wall of the main building on the lot, exclusive of any chimney breast.
zone” means an area of land designated under these Bylaws within which specific land uses are permitted and others restricted or prohibited.

3.0 Zones and Zoning Map

3.1 All lands within the boundaries of the Community of Miscouche shall have the following zone designation under these Bylaws:
Zone Symbol

Commercial C
Public Service & institutional I
Recreation & Public Open Space ‘ O
Industrial M
Residential R
Residential Reserve RR

3.2 Schedule A to these Bylaws shall be a map showing the boundaries of each zone indicated in ss. 3.1. A large copy of this map shall be filed with the Administrator, and with the Department of Community and Cultural Affairs, 31 Gordon Drive, Charlottetown.

4.0 interpretation

4.1 In these Bylaws, words used in the present tense include the future; words in the singular number include the plural; words in the plural include the singular number; the word “used” includes “arranged, designed or intended to be used”; and the word “shall” is mandatory and not permissive.

5.0 General Provisions for All Zones

5.1 For the purposes of these Bylaws:

a) laying paving materials for patios or sidewalks;
b) constructing fences of less than 4 feet I 1.2 m in height;
c) installing clothe lines, poles, and radio or television antennae (except ground-based satellite dishes);
d) making a garden;
e) growing a crop or preparing land for a crop;
f) cosmetic renovations to an existing building or structure; and
g) making landscape improvements, constructing ornamental structures or play structures of less than 64 sq. ft./ 5.8 sq. m’, shall not be interpreted as changing the use of land or structure, or constructing or replacing a structure, and shall not require a building permit from Council.

5.2 Excepting land used for agricultural purposes, all lots shall conform with the minimum lot size provisions set out in the Provincial regulations.

5.3 Notwithstanding s. 5.2, a vacant lot held in separate ownership from adjoining parcels of land on the effective date of these Bylaws, having less than the minimum lot size requirements set out in the Provincial regulations, may be used for a purpose permitted in the zone in which the lot is located, and a structure may be erected on the lot, provided that all other applicable provisions of these Bylaws are satisfied.

5.4(l) If a parcel of land in any zone is of such configuration that it cannot reasonably be subdivided in such a way as to provide the required minimum lot frontage on a street, Council may approve a reduced road frontage,provided that the lot width at the building line measures at least as much as the minimum lot frontage requirement.

(2) In any zone, lots designed with a reduced road frontage along a bend in a street or facing a cul-de-sac may be approved by Council, if, in the opinion of Council, adequate and safe access to the lot is provided, and if the lot width at the building line measures at least as much as the minimum lot frontage requirement.

5.5 Where a building has been erected on or before the effective date of these Bylaws on a lot having less than the minimum frontage or area, or having less than the minimum setback, side yard or rear yard requirement, the building may be enlarged, reconstructed, repaired or renovated provided that:

a) the enlargement, reconstruction, repair or renovation does not further reduce the front, side, flankage or rear yard which does not conform to the requirement of these Bylaws.; and
b) all other applicable provisions of these Bylaws are satisfied.

5.6 Except on lands used for residential purposes, the erection or placement of more than one structure or building on any parcel of land shall be permitted provided that all other applicable provisions of these Bylaws are satisfied.

5.7 Where an entrance way permit is required under the Province’s Roads Act Highway Access Regulations, the issuance of said permit shall be a precondition of the approval of a building permit.

5.8 No person shall construct or use any access driveway except where that access driveway meets the minimum sight distance standards as established under the provinces Planning Act or the Province’s Roads Act, set out in Schedule B to these Bylaws.

5.9 Council shall not issue a building permit for a development if, in the opinion of Council:

a) the proposed development does not conform to the provisions of these Bylaws;
b) the method of water supply is not appropriate;
c) the method of sanitary waste disposal is not appropriate;
d) there is not a safe and efficient access to a street;
e) the impact of the proposed development would be detrimental to the natural environment of the Community;
f) the proposed development would create unsafe traffic conditions in the immediate neighbourhood
g) the proposed development would significantly or permanently have a detrimental impact on neighbouring properties by reason of architectural disharmony; or
h) the proposed development would be detrimental to the convenience, health or safety of the residents in the immediate vicinity or general public.

5.10 Temporary construction camps and structures shall be permitted during construction, erection, placement or alteration of a building or structure, and up to a maximum of thirty (30) days after the completion of the building or structure, after which time, if they have not applied for and received an extension from Council, they shall be immediately removed.

5.11 All buildings or structures which provide access to the general public shall, as a condition of the granting of a building permit, be required to provide access by the physically challenged in conformity with the provinces Access Regulations.

5.12 (l) An accessory building shall be permitted on any lot in any zone, provided:

a) it is clearly incidental in use to the main building on the lot;
b) it is not used for human habitation;
c) it is not located in the front or flankage yard of the lot;
d) it is not located less than 5 ft. from any lot line;
e) in any residential zone, does not exceed in height and total floor area, the height and total floor area of the main dwelling; and
f) is not located completely underground.

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

5,14 Any off-street parking in conjunction with a residential, residential-commercial, commercial, public service and institutional, industrial or recreation development shall be provincial in conformity with the standards set out in Table I of these Bylaws,

5.15 A parking space shall have a minimum size of ten (10) feet by twenty (20) feet, and shall have clear access to a maneuvering lane.

5.16 A utility building or structure may be established in the Community, but shall be considered a “major development” by Council, and shall be subject to the public review process as outlined in Schedule C of these Bylaws.

5.17 (1) Subject to the provisions of these Bylaws, a building or structure, or use of land, buildings or structures lawfully in existence on the effective date of these Bylaws shall be permitted to continue.

(2) A building or structure shall be deemed to be lawfully in existence on the effective date of these Bylaws if:

a) it was lawfully under construction; or

b) the permit for its construction was in force and effect, but this clause shall not apply unless the construction is commenced within 12 months after the date of the issuance of the permit, and is completed in conformity with the permit within I year.
(3) No structural alterations that would increase the exterior dimensions, except as required by statute or bylaw, shall be made to a building or structure while a nonconforming use thereof is continued.
(4) If a building or structure which does not conform to the provisions of these Bylaws is destroyed by fire or otherwise to an extent of 50 % or more of the assessed value of the building or structure above its foundation, it shall only be rebuilt or repaired in conformity with the provisions of these Bylaws, except if the new construction or repair work would be detrimental, in Council’s opinion, to the convenience, health or safety of residents in the vicinity or the general public.
(5) Any change of tenants or occupants of any premises or building shall not, of itself, be deemed to affect the use of the premises or building for the purposes of these Bylaws.
(6) A non-conforming use of land, buildings or structures shall not be permitted if it has been discontinued for a period of 12 consecutive months, and, in such event, the land, building or structure shall not thereafter be used for any use except in conformity with the provisions of these Bylaws.

5.18 An officer authorized by Council may’ with reasonable prior notice, enter a building or a premise at a reasonable hour in the performance of duties with respect to the administration and enforcement of these Bylaws.
5.19 Notwithstanding anything contained in these Bylaws, no person shall erect any building or structure in the Community:

a) within seventy-five (75) feet of the mean high watermark of any river, stream or watercourse located within or bordering on the legal boundaries of the Community; or
b) within seventy five (75) feet.of any embankment, excluding highway embankments, the slope of which is greater than 30 degrees from horizontal’

5.20(1) All development along the Community’s highways shall comply’ respectively, with the following:

a) no person shall sever a lot unless:
ia) the existing parcel of land from which the lot is severed has a frontage a minimum of 150 feet, and
ib) the lot to be severed is in conformity with the requirements imposed by these Bylaws,
b) any parcel of land which is an existing parcel of land, a farm’ or a lot created in conformity with the requirements imposed by these Bylaws shall be deemed to have an access driveway;
c) no person shall change the use of any access driveway to a more intensive use without the evaluation and approval of Council,
d) no person shall change the use of any access driveway except. where the access driveway meets the minimum sight distance standards set out in Schedule B of these Bylaws;

(2) Where there is a discrepancy between the provisions of clause 5.20(t) of these Bylaws and those of the Province’s Highway Access Regulations, the provisions of the latter shall prevail.

5.21 Underground petroleum storage tanks shall require a building permit from Council’ A building permit for such a structure shall not be granted by Council until such time as it has received written authorization from the appropriate government department’ However’ the written authorization of the latter shall not’ of itself, be conclusive of the granting of a building permit for the structure

5.22 The installation of a swimming pool shall be permitted in any zone in accordance with the following Provisions:

a) a building permit for the pool has been granted by Council;
b) a 6 ft’ / 1.8 m. fence shall be constructed around the pool in such a manner so as to impede unauthorized persons from entering over or, under said fence’ Such fence shall be aesthetically presentable, and preference will be given to wood-type fences;
c) any gate on such a fence shall be capable of being locked;
d) water from the pool shall not be disposed of through the Community’s sewage collection system but shall be permitted to be disposed of onto the ground, provided:
i) the water does not enter a watercourse;
ii) the water has been de-chlorinated through the use of hydrogen peroxide, or allowed to stand unused for a period of time, until the residual chlorine in the water has been reduced to a level consistent with the Community’s utility bylaw; and
e) the owner shall agree that other initiatives regarding maintenance and safety which are reasonable and prudent shall be carried out either at the initiative of the owner or at Council’s request.

5.23 Major development proposals will be considered by Council in conformity with the public review process outlined in Schedule C to these Bylaws.

6.0 Residential (R) Zones

6.1 Within any Residential (R) Zone, no person shall use any land, building or structure except for the following uses:

– single family dwellings;
– mobile homes (in conformity with s.6.5 of these Bylaws;
– duplex or semi-detached dwellings;
– mufti-family residential units;
– recreation/public open space facilities;
– summer cottages;
– public utility buildings or structure;
– residential commercial operations; or
– accessory buildings or structures to the above.

6.21n any Residential (R) Zone, lots and structures shall conform with the following standards:
Lot area,

single family, min.                                      per Prov. Standards
duplex and multiple family, min.            Per Prov. Standards
Lot frontage, min.                                        75 feet
Flankage yard depth, min.                         20 feet
Front yard depth, min.                              20 feet
Side yard depth, min.                                 10 feet
Rear yard depth, min.                                15 feet
Maximum building height                       2.5 storeys

6.3 Notwithstanding the minimum lot size requirements set out in the Province’s Minimum Lot Size Standards for infilling purposes in established residential subdivisions, and solely for single family residential use, a lot may be reduced to a minimum area of 10,000 sq. ft., provided that,

(a) the subdivision is serviced by an on site water supply system and connected to a central sewerage system;
(b) only one additional lot from the existing parcel is created by any proposed subdivision; and
(c) no practical alternative to reducing the lot area exists.

6.4 A residential-commercial operation may be located in a residential dwelling or an accessory building in any Residential (R) Zone, provided:

a) the owner of the business lives in the dwelling;
b) not more than two (2) employees live outside the dwelling;
c) not more than twenty five Percent (25%) of the total floor area of the dwelling is used for the business;
d) adequate off-street parking is provided for both the dwelling and the business;
e) no outdoor storage of materials or product display is used in conjunction with the business; and
f) the external appearance of the dwelling is not altered.

6.5 Mobile homes shall only be permitted in any area zoned for residential use, provided they are located in a designated mobile home park approved by Council.
6.6 On any lot approved for a two family dwelling unit,
a) where there is not a two family dwelling on the lot, the lot shall not be permitted to be subdivided into two separate lots unless the two lots so formed conform to the minimum lot, size requirements for single family dwellings set out in the provinces Minimum Lot Size Standards;
b) where there is an existing two family dwelling on the lot, the lot shall not be permitted to be subdivided into two separate lots unless

i) the individual dwelling units are separated by a firewall constructed to the
I)Province’s Life Safety Code standards;
ii) the individual dwelling units are each serviced by separate wells;
iii) the individual dwelling units each have their own separate access;
iv) where the lot in question is not connected to the Community’s central sewage collection system, each individual dwelling unit has a separate approved, on_site septic system; and
v) the two lots so formed conform to the minimum lot size requirements for single family dwellings set out in the province’s Minimum Lot Size Regulations.

7.0 Commercial (C) Zones

7.1 Within any Commercial (C) Zone, no person shall use any land, building or structure except for the following uses:

– uses permitted in a Residential (R) Zone (subject to the provisions of that zone);
– retail stores;
– business and professional offices;
– service and personal service shops;
– convenience stores;
– delicatessens, restaurants and takeout establishments;
– video rental stores;
– entertainment facilities;
– banking and financial institutions.
– Lounges and bars;
– hotels, motels and other tourist establishments;
– transient or temporary commercial operations;
– establishments associated with the automotive trade, including service stations, but excepting automobile salvage yards; and
– accessory uses to the above.

7.2 In any Commercial (C) Zone, lots and structures shall conform with the following standards:

Lot area, min.                                            per Prov. Standards
Lot frontage, min.                                    100 feet
Flankage yard depth, min.                    20 feet
Front yard depth, min.                           20 feet
Side yard depth, min.                             10 feet
Rear yard depth, min.                            15 feet
Maximum building height                     2.5 storey’s

7.3 Where a lot or parcel of land zoned as Commercial (C) is developed which directly abuts a lot or parcel of land zoned as residential:
a) a strip of land not less than 15 ft. / 4.5 rn. In width along the lot line within the Commercial (C) Zone and adjacent to the residential zone shall be maintained clear of any structure, driveway or parking area, and shall be adequately landscaped to provide a visual buffer;

b) any exterior Lighting or illuminated sign shall be so arranged as to deflect light away from the adjacent residential zone; and

c) outdoor storage shall be prohibited adjacent to a residential zone, unless it is hidden from view by means of a landscaped buffer, hedge of adequate size, or architectural screening, such as a wall, fence or other appropriate structure.
7.4 (1) Notwithstanding any other provision of these Bylaws, the following special provisions shall apply to an automobile service station in a Commercial (C) Zone:

Lot area, min.                                                                                      per Prov. Standards
Lot frontage, min.                                                                               150 ft.145 m.
Pump setback, minimum                                                                   20 ft.l 6 m.
Minimum pump distance from access or egress points              30 ft./ 9 m.
Driveway width, minimum                                                               25 ft..|7.5 m.
(2) Where the service station includes an automobile washing facility, all washing operations shall be carried on inside the building.

7.5 Council may grant a building permit for a transient or temporary commercial operation provided that:

a) the development shall not result in any traffic hazard;
b) the development shall not create a public nuisance;
c) the development shall not interfere with the parking arrangements of permanent users of the lot on which the development will be located;
d) the development permit granted shall not exceed a 20 week period;
e) the applicant shall provide a letter of approval from the owner of the lot on which the development will be situated; and
f) where required, the applicant shall satisfy Council that such development complies with all applicable Provincial health regulations.

8.0 Residential Reserve (RR) Zones

8.1 Within any Residential Reserve (RR) Zone, no person shall use any land, building or structure except for the following uses:

– those uses permitted in a Residential (R) zone (subject to the provisions of that zone);
– agricultural uses, excluding intensive livestock operations; or
– accessory uses to the above.

8.2 In any Residential Reserve (RR) Zone,lots and structures used for agricultural purposes shall conform with the following standards:

Lot area, min.                                                                                            1 acre
Lot width, min.                                                                                          150 feet
Flankage yard depth, min.                                                                     40 feet
Front yard depth, min.                                                                           40 feet
Side yard depth, rnin.                                                                              15 feet
Rear yard depth, min.                                                                              15 feet

8.3 (1) [n any area zoned as Residential Reserve (RR), any person wishing to develop a parcel of land for residential purposes on which they are proposing to have more than 2 residential lots shall first apply for and receive approval to re-zone the parcel of land concerned-from Residential Reserve (RR) to Residential (R).
(2) notwithstanding (l), any lands zoned as Residential Reserve (RR) shall not be considered for rezoning to Residential (R) by Council until such time as centralized sewer services have been provided by the Community either immediately adjacent to or along the roadway fronting on the land to be developed for residential purposes, or the developer agrees to connect, at his own expense, the ‘land to be developed for residential ‘purposes’ to the Community’s sewage collection trunk line.
(3) Council shall hold a public meeting regarding the proposed re-zoning, and shall evaluate the proposed re-zoning and multi-lot residential subdivision with due regard to the future land use policies contained within the Community’s official plan.

8.4 In an Residential Reserve (RR) Zone, land which is deemed unsuitable for agricultural use may be converted to forestry use provided the conversion is undertaken through an established Forestry Management Program approved by the PEI Department of Agriculture and Forestry.

9.0 Public Service & Institutional (I) Zone

9.1 Within any Public Service & Institutional (I) Zone, no person shall use any land, building or structure except for the following uses:

– those uses permitted in a Residential (R) zone (subject to the provisions of such a zone);
– institutional buildings;
– group homes;
– galleries, libraries, museums and theaters;
– auditoriums and stadiums;
– churches and other religious institutions, including cemeteries;
– senior citizen care facilities and housing;
– schools and similar learning institutions, including colleges and universities;
– government buildings;
– hospitals and medical and dental clinics
– medical centres and Pharmacies;
– civic centres;
– recreation and public open Space uses; or
– accessory buildings and structures to the above.

9.2 in any Public Service & Institutional (I) Zone,lots and structures shall conform with the following standards:

Lot area, minimum                            per Prov. Standards
Lot frontage, min.                              75 feet
Flankage yard depth, min.               20 feet
Front yard depth, min.                    20 feet
Side yard depth, min.                       10 feet
Rear yard depth, min.                      15 feet
Maximum building height              2.5 storeys

9.3 Where a lot or parcel of land zoned as Public Service & Institutional (I) is developed which directs abuts a lot or parcel of land zoned as residential:

a) a strip of land not less than 15 ft. / 4.5 m- In width along the lot line within the Public Service & Institutional (I) Zone and adjacent to the residential zone shall be maintained clear of any structure, driveway or parking area, and shall be adequately landscaped to provide a visual buffer;
b) any exterior lighting or illuminated sign shall be so arranged as to deflect light away from the adjacent residential zone; and
c) outdoor storage shall be prohibited adjacent to a residential zone, unless it is hidden from view by means of a landscaped buffer, hedge of adequate size, or architectural screening, such as a wall, fence or other appropriate structure.

9.4 All new public service and institutional developments shall, wherever practical, be integrated, at no cost to the Community, into the Community’s existing or planned pedestrian accesses, paved parking, and recreation and public open space network.

10.0 Industrial (M) Zone

l0.l Within any Industrial (M) Zone, no person shall use any land, building or structure except for the following uses:

– manufacturing and assembly;
– warehousing;
– transport operations;
– activities associated with the automotive trade, excepting automobile salvage operations;
– wholesale operations;
– business and professional offices;
– service shops;
– commercial uses accessory to a main use permitted in a M Zone;
– restaurants and cafeterias;
– recycling depots;
– public and private utilities;
– car and machinery dealerships;
– building supply dealers; and
– accessory buildings and structures to the above.

10.2 In any Industrial (M) Zone, lots and structures shall conform with the following standards:

Lot area, min. per prov.                                               per Prov.  Standards
Lot frontage, min.                                                        100 feet
Flankage yard depth, min.                                        20 feet
Front yard depth, min.                                               20 feet
Side yard depth, min.                                                10 feet
Rear yard depth, min.                                               15 feet
Maximum building height                                      2.5 storeys

10.3 Where a lot or parcel of land zoned as Industrial (M) is developed which directly abuts a lot or parcel of land zoned as residential:

a) a strip of land not less than l5 ft. / 4.5 m. In width along the lot line within the Industrial (M) Zone and adjacent to the residential zone shall be maintained clear of any structure, driveway or parking area, and shall be adequately landscaped to provide a visual buffer;
b) any exterior lighting or illuminated sign shall be so arranged as to deflect light away from the adjacent residential zone; and
c) outdoor storage shall be prohibited adjacent to a residential zone, unless it is hidden from view by means of a landscaped buffer, hedge of adequate size, or architectural screening, such as a wall, fence or other appropriate structure.

11.0 Recreation and Public Open Space (O) Zone
I l.l Within any Recreation and Public Open Space (O) Zone, no person shall use any land, building or structure except for the following uses:

– public and private parks;
– open space and conservation activities;
– golf courses;
– recreational uses and directly related commercial services;
– pavilions and band shells;
– playgrounds;
– recreation administrative offices; and
– accessory buildings and structures to the above, including parking lots.

ll.2 In any Recreation & Public Open Space (O) Zone, lots and structures shall conform with the following standards:

Lot area, min.                                                per Prov. Standards
Lot frontage, min.                                         75 feet
Flankage yard depth, min.                          20 feet
Front yard depth, min.                                20 feet
Side yard depth, min.                                  10 feet
Rear yard depth, min.                                 15 feet
Maximum building height                         2.5 storeys

12.0 Building Permits

l2.l Within the Community, no person shall:

a) construct, erect, demolish, change the exterior dimensions of, or construct an apartment within, any building or structure;
b) change the use of any land or existing building or structure, 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 Community, or
c) move within or into the Community any building or structure,
without applying for and receiving a building permit from the Administrator prior to commencing any construction, erection, demolition, movement, change of use or site excavation.

12.2 (l) Any person wishing to construct, erect, place, make any alterations to, or change the use of a building or structure on any lot within the Community which will require an on-site sewage disposal system shall, prior to receiving a building permit from Council, first apply for and receive an on-site sewage disposal system permit from the Building and Development Section, PEI Department of Community and Cultural Affairs.

12.3 Any person establishing a new access to the Community’s transportation network shall first receive a highway access permit from the PEI Department of Transportation and Public Works prior to receiving a building permit from Council

12.4 All applications for building permits shall be made in writing by the owner of the property or an authorized agent on such forms as Council may prescribe, and shall be submitted to the Administrator.

12.5 The Administrator shall notify the applicant, in writing, if the application is incomplete or lacking in plan details, and shall indicate any additional information or documentation required.

12.6 Upon being satisfied that the proposed construction, erection, placement, alteration, or change in use is in conformity with all relevant provisions of these Bylaws and any other relevant bylaws in the Community, the Administrator shall issue a building permit upon receipt of a building permit fee of $25.00.

12.7 Where an application is not entirely clear in its intent, or where an application does not appear to conform with the provisions of these Bylaws or any other bylaws which may be in force, the Administrator shall submit the application to Council for its interpretation and instruction.

12.8 Council may attach such conditions to a building permit &s, in its opinion, are necessary to ensure conformity with the provisions of these Bylaws, any other bylaw in force within the Community, or any policy contained with the Community’s official plan.

12.9 A building permit shall be valid for one (1) year from the date of issue, after which time the permit holder shall apply for and receive a renewal (at no additional cost) of the permit before continuing any development.

12.10 Where Council is presented with an application which does not conform to the provisions of these Bylaws, Council. shall determine whether to grant a minor variance’

12.11 Council may grant a minor variance of up to l0% of the relevant provision provided the general intent of these Bylaws will be upheld, and there are compelling reasons why the requirements of the Bylaws cannot be precisely met.

12.12 Upon being satisfied that an application does not conform with the provisions of these Bylaws or any other relevant bylaw in force within the Community, and that a minor variance cannot be granted, Council shall instruct the Administrator to notify the applicant, in writing, that the building permit, is denied, based on Council’s stated reasons’

12.13 Any additional costs incurred by the Community with respect to the building permit applications (clerical, legal, or other) shall be reimbursed to the Community by the applicant prior to the issuance of a building permit by the Administrator’ No additional costs will be charged to the applicant after the permit has been issued.

12.14 Notwithstanding subsection 12’6′ Council may, for good and sufficient reason’ revoke or cancel a building permit within twelve (12) months of date of issue if:

a) construction has not commenced;
b) construction has commenced on a location or in a manner contrary to the provisions of these Bylaws or as indicated on the building permit application; or
c) any permit required under any other provision of law has not been obtained’

13.0 General Provisions for Subdivision

13.1 No person shall subdivide land within the boundaries of the Community unless the subdivision:

a) conforms with the provisions of these Bylaws or of any other relevant bylaw or law in force within the Community;
b) is suitable to the topography, physical conditions, soil characteristics, and natural surface drainage of the land;
c) will not cause undue flooding or erosion;
d) has safe and convenient street access;
e) has adequate utilities and services available, or can be conveniently provided with such utilities and services;
f) will reasonably conform with existing land uses in the immediate vicinity;
g) will provide for convenient traffic flow;
h) is designed so that lots will have suitable dimensions, shapes, orientation’ and accessibility;
i) is suitable to the use for which it is intended, and the future use of adjacent lands;
j) unless the parcel of land in respect of which the permit is issued.has frontage on a Public road;
k) would not be detrimental to the convenience, health or safety of residents in the vicinity or the general public;
l) would not precipitate premature development, cause unnecessary public expenditure, or place undue pressures on the Community to provide services; or
m) would not result in undue danger to the natural environment’

13.2 No person shall sell or convey interest in any lot before Council has granted final approval for the subdivision in which the lot is situated.

13.3 Council shall evaluate any proposed subdivision to determine whether appropriate street design standards and lot configurations have been used to promote the development of safe, convenient, neighborhoods. and pleasant

13.4 Anyone proposing to subdivide land within the Community which will not be connected to the Community’s centralized sewage collection system shall provide Council with a copy of a soil test conducted on the land being subdivided, indicating that the land in question is suitable for an on-site sewage disposal system.

13.5 Council may refuse to approve a subdivision which it has determined is unsuitable under the provisions of these Bylaws.

13.6 ln formulating its decision with respect to s.13.5, Council may consult with Provincial government officials, and may conduct a public hearing to consider public opinion respecting the proposed subdivision. If Council deems it necessary, they may request the developer to submit an independent private consultant’s report respecting the proposed subdivision.

13.7 Council may negotiate and enter into a subdivision agreement with a subdivider as a condition of approval of a subdivision.
13.8 The subdivision agreement may cover any or all matters relating to the:

a) design and construction costs of sidewalks, water supply, sewerage, and street Lighting;
b) integration of the subdivision and proposed development with the Community’s existing pedestrian access, paved parking and recreation and public open space network;
c) dedication of land for public recreation purposes, or payment of a fee in lieu of land;
d) deeding of roads to the PEI Department of Transportation and Public Works; and
e) posting of a financial guarantee satisfactory to Council.

13.9 Except for the severing of Land parcels greater than ten (10) acres in size for agricultural purposes, any person who creates a multiple lot residential subdivision within the Community shall dedicate and deed to the Community, free from all encumbrances and agreed upon by the subdivider and Council, ten (10) percent of the total area of the subdivision for recreation and public open space purposes. Council shall have the power to choose what land, if any, within the subdivision shall be deeded.

13.10 Where no dedication of land is deemed appropriate by Council with respect to s. 13.9, Council shall require a cash payment often (10) percent of the assessed value of the subdivision as a whole at the time of final approval, the sum of which shall be specifically designated for the purchase and/or maintenance of recreation and public open space land or facilities within the Community.

13.11 Except for the severing of a land parcel greater than ten (10) acres in size for agricultural purposes, anyone severing a single lot from a land parcel within the Community shall pay to Council, at the time of final approval, a fee of $25.00, the sum of which shall be specifically designated for the purchase, and/or maintenance of recreation and public open space land or facilities within the Community.

13.12 Council shall notify Community residents of any proposed major development in the Community. Such notification shall consist of a notice, placed in a newspaper circulating in the Community, stating the date, time and place at which Council shall consider the proposal, and indicating that residents may. make representation to Council regarding the proposed development prior to and at this time. The ad shall be placed in the newspaper at least seven (7) clear days prior to Council’s meeting to consider the proposal’ Any advertising costs and hall rental costs associated with the public meeting to evaluate the proposed major development shall be paid to the Administrator in the form of a certified cheque by the Proponent.

14.0 Subdivision Permits

l4.l All subdivision of land within the Community, whether one lot or more, shall require a subdivision permit from the Administrator.

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

14.3 Every application form shall be signed by the applicant or by the applicant’s authorized agent.

14.4 Subdivision applications submitted to the Administrator, shall be accompanied by four (4) copies of a properly scaled drawing showing the proposed subdivision with estimated dimensions of lots, location of structures and any significant natural or manmade features, and all streets and services’ both existing and Proposed.

14.5 The Administrator shall’ notify the applicant, in writing, if the subdivision application is incomplete or lacking in plan details, and shall indicate any additional information or documentation required’

14.6 The Administrator shall submit the completed subdivision application to Council for its review and instruction in time for the first scheduled Council meeting immediately following the date of receipt of the completed application for approval in principle’

14.7 The Administrator, on behalf of the Council, shall, within 10 working days of the date of Council’s decision respecting the subdivision, advise the applicant 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, and shall state the reasons for Council’s decision’

14.8(1) Any approval in principle which is given by Council shall be effective for a period not exceeding twelve (12) months from the date on which notice of approval in principal is given to the applicant in writing by the Administrator.
(2) After the twelve month period referred to in ss.(1), if the applicant has not applied for final approval from Council, the approval-in principle shall be rescinded’
(3) Once the approval-in-principle has been rescinded, if the applicant wishes to apply for a new approval-in-principle, the new’ proposed subdivision must conform with all applicable provisions of these Bylaws or any approved amendments thereto.

14.9 Any subdivider seeking final approval of a subdivision plan from Council shall submit to the Administrator the appropriate number of copies (nine (9) for a single lot subdivision, eleven (l I) for a multiple lot subdivision) of a survey plan certified by a Prince Edward Island land surveyor. Subdivision of parcels of land for agricultural purposes greater than ten (10) acres in size shall not be required to submit certified survey plans for final approval.

14.10 The Administrator shall submit the application for final approval to Council for its review and instruction in time for the first scheduled Council meeting immediately following the date of receipt of the completed application for final approval.

l4.l I The Administrator, on behalf of the Council, shall, within 10 working days of the date of Council’s decision respecting the application for final approval, advise the applicant in writing that final approval has been granted or denied, and shall, in the latter case, state the reasons for Council’s decision.

14.12 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; and
c) except for the subdivision of parcels of land greater than ten (10) acres in size for agricultural purposes, the subdivision has been surveyed and the survey plan has been certified by a Prince Edward Island land surveyor.

14.13(l) The Administrator shall, upon final approval being granted by Council, issue a subdivision permit to the applicant upon receipt of a subdivision permit fee of $25.00 per lot.
(2) The fee referred to in (1) does not apply to a subdivision of land the sole purpose of which is the consolidation of two adjacent properties.

14.14 Council shall place its seal on all copies of the approved subdivision plan.

I 4. I 5 The Administrator shall retain one (1) copy of the approved subdivision plan for the Community’s records, return one (l) copy to the applicant, and file the remaining copies with:

a) the Registrar of Deeds;
b) the Real Property Assessment Division, PEI Provincial Treasury; and, in the case of a multiple lot subdivision, additional copies with
c) Maritime Electric; and Island Telephone.

15.0 Bylaw Amendments
I 5.1 Any person desiring an amendment to the provisions of these Bylaws shall apply to the Council in writing describing in detail the reasons for the desired amendment and requesting the Council to consider the proposed amendment.

15.2 Council shall determine whether or not to pursue such an amendment’ and before making any decision shall examine the Community of Miscouche 2000 Official Plan to ensure that the proposed amendment will not be contrary to any stated policy with in the Plan.

I 5.3 No amendment shall be made to these Bylaws except in accordance within requirements of Part III, sections 16-19 of the Planning Act R.S.P.E.I. 1988, Cap. P-8 attached as Schedule D to the Bylaws. Schedule D to the Bylaws’

16.0 Appeals and Enforcement

16.1 Any person who is dissatisfied by a decision of Council in respect of the administration of these Bylaws or any other bylaw in force within the Community’ may’ within twenty-one (21) days of the relevant Council decision, appeal to the Island Regulatory & Appeals Commission as set out in Section 28 of the Planning Act R.S.P.E.I. 1988, Cap. P-8 attached as Schedule E to the Bylaws.

16.2 Pursuant to Section 26 Part IV of the Planning Act R.S.P.E.I. 1988, Cap. P-8 attached as Schedule F to the Bylaws. Any person who violates any provision of these Bylaws is guilty of any offense, and liable to summary conviction and penalty.
Appendices
Tables:

Table I – Parking Standards
Schedules:

Schedule A – Community of Miscouche Zoning Map
Schedule B – Sight Distance standards for Access Driveways
Schedule C – Community of Miscouche: Major Developments
Schedule D – Planning Act, Part III, Sections 16 – 19
Schedule E – Planning Act, Part V, Section 28
Schedule F – Planning Act, Part IV, Section 26

Table 1

Parking Standards

Use                                                                                       Parking spaces required
Dwellings, tourist homes                                                1 for each dwelling or sleeping unit
Convenience stores, personal service shops                1 per 100 square feet of floor area
Schools, churches, places of assembly                          1 for every 5 seats of assembly
Other                                                                                    As required by Council

SCHEDULE B
Sight Distance Standards for Access Driveways
Access driveways to be used or established on arterial highways’ collector highways’ local highways and unpaved roads shall have a minimum sight distance to be measured by the following calculations.

ARTERIAL HIGHWAYS (Farm Access Exempt)
A vehicle operator approaching a, access driveway with eye level 3.5 ft. (1.05 meters) above grade shall be able to see any object larger than 16 inches (0.4 meters) in height at a driveway for a minimum distance of 561 ft. (170 meters). A farm access driveway shall be exempt from this requirement.

561 feet (170 meters) – minimum
693 feet (210 meters) – desirable

COLLECTOR HIGHWAYS, LOCAL HIGHWAYS AND UNPAVED ROADS (Farm Access Exempt)

A vehicle operator approaching an access driveway with eye level 3’5 ft’ (1.05 meters) above grade
shall be able to see ally object Larger than 16 inches (0.4 meters) in height at the driveway for a
minimum distance of 462 ft. (140 meters). A farm access driveway shall be exempt from this requirement.

462 feet (140 meters) – minimum
495 feet (150 meters) – desirable

       SCHEDULE C
                                                              Community of Miscouche
  Major Developments

1.  The following words and expressions when used in the following sections shall have the
meanings prescribed:

(a) “space” in reference to provision of new or additional space, means the actual floor
space provided on each of one or more levels, measured from the outside walls of the
building;
(b) “commercial use” means the use of a building for the storage, display or sale of goods
and supplies or the use of a building for any of the following:

– financial services and financial institutions,
– business offices and other offices,
– studios,
– theaters,
– restaurants and clubs,
– health and recreation centres and facilities;

(c) industrial use” means the use of a building for the storage, distribution, processing,
assembly or recycling of wholesale products, goods or materials or for activities relating to
transportation, manufacture, construction, warehousing, assembly or general repair;
(d) “public service and institutional use” means the use of a building for senior citizen
housing, nursing homes, hospitals, clinics, religious institutions, churches, public and
private schools, colleges, cultural centres, libraries, and public recreational and park
buildings.
(e) “abattoir” means a facility used for the slaughtering and processing of animals;
(f) “utility building or structure” means a building or structure which houses or supports
stationary equipment for telephone, electric power, public water supply, or sewerage
services.
2. Where Council has determined that a proposed development constitutes a’lnajor
development”, and that a public review of the development proposal is required, the following
provisions shall apply:

(a) Council shall appoint a council member to chair the nreeting;
(b) the meeting shall be advertised at least twice in a newspaper circulating in the area,
stating the date, time and location of the proposed meeting;
(c) the first advertisement shall be placed not less than one week prior to the date of the
meeting;
(d) written opinion shall be solicited from persons unable to appear at the public meeting;
(e) all interested persons may attend and be heard;
(f) the Administrator, on Council’s behalf shall give separate notice in writing to the
developer;
(g) the meeting shall be held at a location in the Community, if practical;
(h) the developer shall make visual materials available for examination at the municipal
office;
(i) the developer or his agent shall attend the meeting in order to present and defend the
proposed development.
3. The agenda for the public meeting shall include the following:
(a) introduction and opening remarks by the chairman;
(b) presentation of the proposed development by the developer or his agent;
(c) question period:
(i) questions on the proposed development shall be handled by the developer;
(ii) questions on procedure or municipal policy shall be handled by the chairman;
(d) comments and opinions by interested persons wishing to be heard;
(e) summary by the chairman of previously submitted written comments from persons
unable to attend the meeting.

           SCHEDULED D
                                                                         planning Act
                                                                 Part III, Sections 16 _ lg
                                                      MUNICIPAL PLANNING BYLAWS
16. A council mav make bylaws implementing an official plan for the municipality 1988.c.4.s.16.

17.The bylaws shall be subject to the approval of the Minister and shall be effective on the date of approval by the Minister. 1988.c.4.s.17

18. ( l) before making any bylaw the council shall

(a) give an opportunity to residents and other interested persons to make representations and
(b) at least seven clear days prior to the meeting publish a notice in a newspaper circulating in the area indicating in general terms the nature of the proposed bylaw and the date and time and place of the council meeting at which it will be considered

(2) Where a bylaw amendment requires an amendment to the official plan pursuant to subsection 15(2) the council may consider the amendment concurrently with the bylaw and shall .

(a) indicate in general terms, in the notice published under clause (1) (b), the nature of the proposed plan amendment: and
(b) give the planning board  an opportunity to comment on the plan amendment prior to adoption of the amendment. 1988,c.4.s.18

19. A bylaw shall be made in accordance with the following procedure:

(a) it is read and formally approved by majority of Councillors on two occasions at meetings of the council held on different days.
(b) after it is read a second time, it is formally adopted by resolution of the council:
(c) it is signed by the mayor or chairman, the administrator and the Minister and formally declared to be passed, and sealed with the corporate seal of the municipality:
(d) the minutes of the meeting record the name of the bylaw and the fact that it passed: and
(e) a copy of the bylaw bearing the signature of the Mayor or chairman, the administrator and the Minister is entered into the register of bylaws retained by the administrator. 1988.c.4.s.19

SCHEDULED E
                                                                                    Planning Act
                                                                               Part V, Section 28
28. ( l) Subject ,to subsections (2), (3)  and (4) any person who is dissatisfied by a decision of council or the Minister in respect of the administration of regulations or bylaws made pursuant to the powers conferred by this Act may, within twenty – one days of the decision appeal to the Commissions.

(2) Where the Lieutenant Governor in Council has by order declared that

(a) a development for which approval is required under the Environmental Protection Act has met all requirements of that Act and written approval has been given: and
(b) the right of appeal to the Commission in respect of that development should be curtailed,
subsection (1) has no application and there is no right of appeal to the Commission in respect of a decision on that development.

(3) Where a declaration has been made under subsection (2), the Lieutenant Governor in Council shall submit to the next session of the
Legislative Assembly  a statement o[ the reasons for making the declaration.

(4) No-appeal lies from.a decision of the council or the Minister, as the case may be, respecting the final approval of the subdivision where the matters that are subject of the proposed appeal could have been heard and decided at the stage of preliminary approval.

(5) A notice of appeal to the Commission under subsection (1) shall be in writing and shall state the grounds for the appeal and the relief sought.

(6) The appellant shall, within seven days of filing      an appeal with the Commission, serve a copy of the notice of appeal on the council or Minister, as the case may be.

( 7) Subject to adherence to the rules of natural justice, the Commission shall determine its own procedure.

(8) The commission shall hear and decide appears and shall issue an order giving effect to its disposition

(9) The Commission shall give reasons for its decision.

(10) The council or the Minister, as the case may be, shall implement an order made by the Commission.

(ll) Where the council or.the Minister, as the case may be, fairs to implement an order made under subsection (8), the Commissions, on its own initiative or the initiative of an interested person, may act in the name of the council or the Minister to implement the order.

 

SCHEDULED F
                                                                                        Planning Act
                                                                                  Part 1V, Section 26

 

26. (1) Every person who contravenes any provision of this Act or any bylaw or regulation made under this Act is guilty of an offense and liable on summary conviction.

(a)  on a first conviction, to a fine not exceeding $2000.00
(b) on a subsequent conviction, to a fine of not more than $400.00 for each day upon which the contravention has continued after the day on which he was convicted.

(2) Any prosecution for an offense under subsection (1) may be instituted within one year after the time when the contravention occurred. 1988.c.4.s26:1994,c.46.s.5 (eff) July 14/94.