The Community of Miltonvale Park, Prince Edward Island, Canada
Bylaws of Miltonvalepark: Page 2 of 12
Section 1 Title
1) This By-law shall be known as the Zoning and Subdivision By-law for the Community of Miltonvale Park and shall
apply to all lands within the Community of Miltonvale Park.
2) Bylaws to regulate and control the subdivision of land and to regulate the location and the use of land, building and
structures, and for this purpose to divide the lands within the Community of Miltonvale Park into zones pursuant to the
provisions of the Planning Act, having due regard to:
a) the promotion of the health, safety, convenience and the welfare of the public;
b) the preservation of amenities;
c) the value of land and the nature of its present and prospective uses; and
d) the promotion of good environmental quality and the implementation of the Miltonvale Park Official Plan.
Section 2 Zones and Zoning Map(s)
1 Zones
1) For the purposes of this By-law, the Community of Miltonvale Park is divided into the following zones, the boundaries
of which are shown on the attached Schedule “A”. Such zones may be referred to by the corresponding symbols shown
opposite them.
ZONES SYMBOL
Residential Low Density R-1
Residential Mobile Home Park MHP
Commercial C-1
Light Industrial M-2
Conservation C
Institutional I
Rural Resource RR
2 Zoning Map
1) Schedule ‘A” is the Zoning Map which forms part of this By-law.
3 Zones Not On The Map
1) The Zoning Map of this By-law may be amended, in conformance with the strategy, to use any zone in this By-law,
regardless of whether or not such zone had previously appeared on any Zoning Map.
Section 3 Interpretation
4 Symbols
1) The symbols used on the Zoning Map refer to the corresponding zones established by this By-law.
5 Interpretation of Zoning Boundaries
1) The extent and boundaries of zones are shown on the Zoning Map and the provisions of this By-law shall apply to all
zones.
2) Boundaries between zones shall be determined as follows:
a) where a zone boundary is indicated as following a street the boundary shall be the centre line of the street unless
otherwise indicated;
b) where a zone boundary is indicated as approximately following lot lines, the boundary shall follow the lot lines;
c) where a railway right-of-way, electrical transmission line right-of way or watercourse shown on the Zoning Map
serves as a zone boundary, a line midway between the outside limits of the right-of-way or the centre line of the
watercourse shall be considered the boundary between the zones unless otherwise indicated;
d) where none of the above apply, and where appropriate, the zone boundary shall be scaled from the large scale Zoning
Map found in the Community office.
6 Certain Words
1) In this By-law, words used in the present tense include future, words in the singular number include the plural, words
in the plural include the singular number, and the word `used’ includes `arranged to be used’, `designed to be used’ or
`intended to be used’, and the word `shall’ is mandatory and not permissive.
7 Permitted Uses
1) In the By-law, any use not listed as a permitted use in a zone is prohibited in that zone unless otherwise indicated.
2) Where a permitted use within any zone is defined in Section 20 Definitions, the uses permitted within that zone include
any similar uses which satisfy such definition except where a definition specifically excludes any similar uses.
8 Schedules
1) All Schedules and Figures attached hereto or included herein form part of this By-law.
Section 4 General Provisions For All Zones
9 Accessory Buildings and Structures
1) An accessory building or structure shall be permitted in any zone, but it shall not:
a) be used for human habitation except where a dwelling is permitted as an accessory use;
b) be built closer to a street on which the main building fronts than the main building is to that street.
c) be built closer than 3 feet to any lot line except for:
i) common garages for semi-detached dwelling units may be centred on the mutual side lot line;
ii) boat houses and boat docks may be built to the lot line when the lot line corresponds to the water’s edge;
d) be built within 10 feet of the main building;
e) exceed the 22 feet in height;
f) exceed 50 percent of the area of the first floor of the main building;
g) be permitted if an accessory building already exists, except: where the lot size is in excess of one (1) acre, in which
case, up to four (4) accessory buildings are permitted; or where it is an accessory use on a bona fide farm, in which case,
there is no limit.
2) Notwithstanding anything else in this By-law, drop awnings, clothes poles, flag poles, garden trellises, and retaining
walls shall be exempted from any requirements under clause 1) a)of this part.
3) Unless otherwise provided in this Section, no accessory building or structure shall be constructed:
a) prior to the time of construction of the main building to which it is accessory, or
b) prior to the establishment of the main use of the land where no main building is required. 1 accessory building for lots
1 acre or under, or 4 accessory buildings for lots over 1 acre.
10 Accessory Uses Permitted
1) Where this By-law provides that any land may be used or a building or structure may be erected or used for a purpose,
the purpose shall include any accessory use.
11 Building to be Erected on a Lot
1) No building shall be erected or used unless it is erected on a single lot.
12 Building to be Moved
1) No building shall be moved within or into the area covered by this By-law without first obtaining a development
permit.
13 Driveway Access Provisions
1) A through lot shall have one driveway access only.
2) A driveway access on to:
a) a local road shall be a minimum of 75 feet from a street intersection;
b) a collector road shall be a minimum of 100 feet from a street intersection; and,
c) an arterial road shall be a minimum of 150 feet from a street intersection.
3) A lot on a collector road or arterial road shall be limited to one driveway.
4) A driveway access shall be a minimum of 9 feet in width except for driveways for those uses set out in Subsection 11.
5) Minimum Driveway Widths
Land Use One-Lane Two-Lane
Dwellings 9 feet n/a
Commercial 14 feet 25 feet
Industrial 14 feet 25 feet
Institutional 12 feet 20 feet
Other 9 feet 18 feet
14 Encroachments
1) Notwithstanding anything else in this By-law a development permit may be issued for development on an undersized
lot created as a result of an encroachment of a development component of a permanent nature such as a structure, driveway,
well, or on-site sewage disposal system, provided that all other applicable provisions of this By-law are met.
15 Existing Buildings
1) Where a building has been erected on or before the effective date of this By-law on a lot having less than the minimum
frontage or area, or both required by this By-law, or having less than the minimum front yard or side yard or rear yard or
separation distance required by this By-law, the building may be enlarged, reconstructed, repaired or renovated provided
that:
a) the enlargement, reconstruction, repair or renovation does not further reduce the front yard, side yard, rear yard, or
separation distance that does not conform to this By-law; and
b) all other applicable provisions of this By-law are satisfied.
16 Existing Lots
1) Notwithstanding anything else in this By-law, the use of a building existing on a lot on the effective date of this By-law
may be changed to a use permitted on the lot where the lot area or frontage or both is less than that required by this By-law
provided that all other applicable provisions of this By-law are satisfied.
2) Notwithstanding anything else in this By-law, a vacant lot having less than the minimum frontage or area or both
required by this By-law, may be used for a purpose permitted in the zone in which the lot is located, and a building may be
erected on the lot, provided that all other provisions in this By-law are satisfied.
3) An existing undersized lot may be increased in area or frontage, or both, and still remain an existing undersized lot if
after the increase the lot still remains undersized.
17 Fencing
1) Unless otherwise provided for in this By-law, no fence shall be erected to a height greater than 10 feet and no
development permit shall be required for fences less than 6 feet in height.
18 Frontage on a Road
1) No development permit shall be issued unless the lot intended to be used or upon which a building or structure is to be
erected, abuts and fronts upon a street.
2) Council may approve the subdivision of a lot which does not have frontage on a public road if:
a) the distance of the lot from any existing public road is in excess of one hundred and fifty (150) feet;
b) access to a public road is by way of a legally defined access driveway at least twenty four (24) feet in width and used
solely for the purpose of ingress and egress to the lot;
c) the lot size conforms to the requirements of this bylaw; and
d) the lot is not adjacent to a lot which does not have frontage on a public road.
19 Government Uses
1) A government (federal, provincial or municipal) owned building, and facility shall be permitted in any zone provided
that such use conforms with the applicable standards of the Institutional (1) Zone and a development permit shall be required
for any such use.
20 Height Regulation Exemptions
1) A maximum height requirement set out in this By-law shall not apply to a church spire, lightening rod, water tank,
monument, elevator enclosure, silo, flagpole, television or radio antenna, telecommunication tower, ventilator, skylight,
barns (constructed in the Rural Resource Zone), fire tower, drive-in theatre screen, chimney, clock tower, solar collector, or
a wind power generator.
2) The height of a building shall be determined by calculating the vertical distance of a building between the established
grade and:
i) the highest point of the roof or the parapet, whichever is the greater, of a flat roof;
ii) the deck line of a mansard roof; or
iii) the main level between eaves and ridges of a gabled, hip, gambrel or other type of pitched roof.
21 Illumination
1) No person shall erect any illuminated sign or illuminate an area outside any building or structure unless the
illumination is directed away from adjoining properties and any adjacent streets (and private road or right-of-way if
applicable).
22 Licenses, Permits and Compliance With Other By-laws
1) Nothing in the By-law shall exempt any person from complying with the requirements of the Zoning and Subdivision
By-law or any other by-law in force within the Community of Miltonvale Park or from obtaining any license, permission,
permit, authority or approval required by any other By-law of the Community of Miltonvale Park or statue and regulation of
the Province of Prince Edward Island.
2) Where regulations pursuant to clause 7. (1) (c) of the Planning Act (Minimum development standards) have been
enacted by the province; those regulations shall supercede the relevant provisions of this bylaws where the provincial
regulations are more stringent.
23 Loading Space
1) In any zone, no person shall erect or use any building or structure for commercial or industrial purposes involving the
frequent shipping, loading or unloading of persons, animals or goods, unless there is maintained on the same premises with
every such building, structure, or use one off-street space for standing, loading and unloading for every 28,000 square feet or
fraction thereof of building floor area used for any such purpose to a maximum of 6 loading spaces.
2) Each loading space shall be a minimum of 12 feet by 40 feet with a minimum of 14 feet in height clearance.
3) A loading space is not required for any building less than 1400 square feet in area.
4) No loading space shall be located within any required front yard or be located within any yard which abuts a
residential, conservation, institutional, or public park zone.
5) A loading space area, including driveways leading to the loading area, shall be constructed with pavement or concrete.
6) Ingress and egress, to the required loading space area shall be provided by means of unobstructed driveways of a
minimum width of 10 feet for one-way traffic or a minimum width of 20 feet for two-way traffic.
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