The Community of Miltonvale Park, Prince Edward Island, Canada
Bylaws of Miltonvalepark: Page 13 of 21
SECTION #12 – GENERAL COMMERCIAL ZONE (C1)
12.1 GENERAL
Except as provided in this bylaw, all buildings and parts thereof erected, placed or altered or any land used in a C1 Zone shall conform with the provisions of this Section.
12.2 PERMITTED USES
No building or part thereof and no land shall be used for purposes other than:
(i) Retail Stores
(ii) Business and Professional Offices
(iii) Service and Personal Service Shops
(iv) Banking and Financial Institutions
(v) Restaurants and Lounges
(vi) Hotels, Motels or other Tourist Establishments
(vii) Entertainment Facilities
(viii) Accessory Buildings
(ix) Transient or Temporary Commercial
(x) Funeral Homes
(xi) Public Parking Lots
(xii) Other uses deemed by Council to be compatible with the surrounding uses in the zone.
12.3 SPECIAL PERMIT USES
Notwithstanding Section 12.2 above, Council may issue a special development permit for the following uses where it deems the development is appropriate, all other relevant provisions of this Bylaw are met and subject to such conditions as Council may impose:
(1) Child Care Facilities
(2) Dwelling units in a commercial building
(3) Service Stations and other activities associated with the automobile trade, except for a scrap yard.
12.4 SERVICING
Where central sewer and/or water services are available, all development shall be connected to these services.
12.5 LOT REQUIREMENTS
The same lot requirements as noted under Section 9 (RS1) Zone shall apply to all C1 developments.
All lots shall also conform to the Provincial Minimum Lot Standards as noted in Appendix “B”. (see attached)
12.6 SPECIAL REQUIREMENTS: COMMERCIAL ZONES ADJACENT TO RESIDENTIAL ZONES OR AGRICULTURAL ZONES
Where a Commercial Development located on lands zoned General Commercial (C1) directly abuts on any Residential or Agriculture zone, the following conditions shall be complied with:
(i) a strip of land not less than 15 ft. (4.5 m) in width along the lot line within the C1 Zone and adjacent to the Residential or Agricultural zone shall be maintained clear of any structure, driveway or parking area and shall be adequately landscaped to provide a visual buffer;
(ii) any exterior lighting or illuminated sign shall be so arranged as to deflect light away from the adjacent Residential or Agricultural zone; and
(iii) outdoor storage shall be prohibited adjacent to a residential or agricultural 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.
12.7 DWELLINGS IN COMMERCIAL BUILDINGS
Where a dwelling unit is provided in connection with a commercial use the following minimum standards shall apply:
(i) the dwelling unit shall not be above a restaurant, lounge, automobile service station, dry cleaning establishment or repair shop storing explosive materials;
(ii) separate entrances serve the dwelling unit;
(iii) for each dwelling unit, 400 sq. ft. (47 sq. m.) of landscaped open area and 1.0 parking spaces are provided;
(iv) each dwelling unit meets the requirements of the Provincial Fire Marshal;
(v) the floor area in residential use is a minimum of four hundred (400) sq. ft. and does not exceed the commercial floor area.
12.8 TRANSIENT OR TEMPORARY COMMERCIAL PERMITS
Notwithstanding any other provisions of this Bylaw, temporary permits may be issued for a transient-type Commercial operation subject to compliance with the following:
(i) the development shall not result in any traffic hazard;
(ii) the development shall not interfere with the parking requirements of permanent users of the lot in which the development will be located;
(iii) the development shall not create a public nuisance;
(iv) the temporary permit shall not exceed a four (4) week period;
(v) the applicant shall provide a letter of approval from the owner of the lot on which the temporary development will be situated;
(vi) where required, the applicant shall satisfy Council that such development complies with all health regulations.
12.9 AUTOMOBILE SERVICE STATION
(i) Notwithstanding any other provisions of this Bylaw, the following special provisions shall apply to an Automobile Service Station:
(a) Minimum Lot Frontage 150 ft. (45 m)
(b) Minimum Pump Setback 20 ft. (6 m)
(c) Minimum Pump Distance from access
or egress 30 ft. (9 m)
(d) Minimum Width of Driveway 25 ft. (7.5 m)
(ii) Where the service station includes an automobile washing facility, all washing operations shall be carried out inside the building.
12.10 PARKING IN FRONT OF BUILDING
Where parking is provided in front of any building in a C1 Zone, a minimum five foot (5’) (1.5 m) landscaped buffer shall be provided between the parking area and the street boundary.