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Bylaws of Miltonvalepark: Page 5 of 21

SECTION #4 – GENERAL PROVISIONS FOR ALL ZONES

4.1 DEVELOPMENT APPROVAL

1. No person shall:

                        a)         change the use of a parcel of land or a structure;
                        b)         commence any “development”;
                        c)         construct or replace any structure or deck;
                        d)         make structural alterations to any structure;
                        e)         make any water or sewer connection;
f)          make any underground installation such as a fuel tank, a foundation wall or the like;
g)         move or demolish any structure;
h)         establish or operate an excavation pit;
i)          construct a highway;
j)          place, dump any fill or other material;
k)         subdivide or consolidate a parcel or parcels of land; or
l)          construct a fence over four (4) feet (1.2 m) high

without first applying for, and receiving a permit from Council.

2. For the purpose of this Bylaw:

                        a)         laying paving materials for patios or sidewalks;
                        b)         constructing fences of less than four (4) ft. (1.2 m) in height;
c)         installing clotheslines, poles, and radio or television antennae, except satellite dishes over 24” (0.6 m) in diameter;
d)         making a garden;
e)         growing a crop or preparing land for a crop;
f)          making landscaping improvements or constructing ornamental structures of less than 64 sq. ft. (6.4 sq. m.); and
g)         conducting routine maintenance which has the effect of maintaining or restoring a structure or any of its elements to its original state or condition.

shall not be interpreted as changing the use of land or a structure or
constructing or replacing a structure, and shall not require a permit from Council.

4.2 PERMIT APPLICATION
(1) Any person applying for a permit shall do so on a form prescribed by Council, and shall submit the application to the Administrator.

(2) Every application form shall be signed by the property owner or the property owner’s authorized agent, and shall be accompanied by an application fee in accordance with a fee schedule which the Council shall establish.

4.3 PAYMENT OF FEES

Notwithstanding any Section of this Bylaw, development permits are not valid and will not be recognized until the application fee and any other required fees are paid in full and the said permit is acquired by the developer.

A schedule of fees will be established by resolution of Council and may from time to time be amended to reflect the costs related to processing the applications.

4.4 DEVELOPMENT PERMIT

A development permit shall be valid for a twelve-month period, or such additional time as may be authorized by Council.

4.5 SITE PLAN

Council may require an applicant to submit a site plan drawn to a convenient scale certifying the agreement of the applicant to develop the site in accordance with the plan. Such plan(s) to be submitted in duplicate, drawn to an appropriate scale and showing:

a) the true shape and dimensions of the lot to be used, and upon which it is proposed to erect any building or structure;

b) the location, height and dimensions of the building, structure, or work proposed to be erected;

c) the location of every building or structure already erected on the lot and the general location of buildings on abutting lots;

d) the proposed location and dimensions of any parking spaces, loading spaces, driveways and landscaped areas;

e) the proposed use of the lot and each building or structure to be developed; and

f) any other information which the development officer deems necessary to determine whether or not the proposed development conforms with the requirements of this Bylaw.

4.6 CONDITIONS ON PERMITS

Council or its agent shall have the authority to impose conditions on a permit subject to such conditions being directly related to or consistent with bylaws of the Community or the Official Plan.

4.7 DEVELOPMENT AGREEMENT

Council may require any applicant to enter into a Development Agreement. This Agreement shall be a contract binding on both parties, containing all conditions which were attached to the development permit. Failure to comply with a Development Agreement shall constitute an offense under this Bylaw.

A Development Agreement may address but shall not be limited to the following matters:

            i)          site design;
ii)         the design and construction cost of sidewalks, pathways and other pedestrian access matters;
iii)        landscaping and screening;
iv)        vehicular accesses and exits;
v)         signage
vi)        security and safety lighting;
vii)       architectural harmony;
viii)      methods of waste disposal;
ix)        fencing; and
x)         any other matters that Council deems necessary to ensure the health, safety and convenience of Community residents and the travelling public.

4.8 EXISTING NON-CONFORMING LOTS

(1) Notwithstanding anything else in this Bylaw, the use of a building on a lot on the effective date of this Bylaw 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 Bylaw, provided that all other applicable provisions of this Bylaw are satisfied.

(2) Notwithstanding any other provisions of this Bylaw, a vacant lot held in separate ownership from adjoining parcels on the effective date of this Bylaw, having less than the minimum width or area required, 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 applicable provisions in this Bylaw are satisfied.

(3) Where the lot is intended to be serviced by an on-site sewage disposal system, Council may require that the system be designed by a PEI licensed engineer and the installation also certified by the engineer prior to occupancy of the structure.

(4)        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.

4.9       LOT FRONTAGE

1. If a parcel of land in any zone is of such configuration that it cannot reasonably be subdivided in such a way to provide the required minimum frontage on a street, the Council may approve a reduced frontage, provided that:

(a) the lot width at the building line measures at least as much as the minimum lot frontage for the zone;

(b) the lot has access to a public road or privately owned subdivision road by way of either a driveway that is part of the lot, or right-of-way;

(d) not more than one other panhandle lot has been subdivided from the existing parcel of land; and

(e) the lot size in all other respects meets the requirements of these regulations.

2. In any zone, lots designed with a reduced 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 is provided and if the lot width at the building line measures at least as much as the minimum lot frontage for the zone.

4.10 EXISTING NON-CONFORMING BUILDINGS

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

(1) the enlargement, reconstruction, repair or renovation does not further reduce the front yard or side yard or rear yard which does not conform to this Bylaw; and

(2) all other applicable provisions of this Bylaw are satisfied.

4.11 OTHER INFORMATION

Council may require an applicant to submit any additional information related to the development, which it deems pertinent, including but not limited to the following:

            -           parking lot layout and internal circulation patterns;
            -           location of garbage containers and description of any screening or fencing;
                        -           storm water management plan;
                        -           location of open space and amenity areas;
                        -           landscaping plan;
                        -           buffer zones adjacent to wetland areas or watercourses;
                        -           existing vegetation;
                        -           easements;
-           proposed storage areas and description of any screening or fencing;
-           traffic impact studies;
-           surveys.

4.12 ACCESS

(1) No development permit shall be issued unless the lot or parcel of land intended to be used or upon which the building or structure is to be erected abuts and fronts upon a street.

(2) Notwithstanding Section 4.12, (1) above, Council may approve a development permit for a residential or commercial structure which fronts on a private right-of-way, provided that the following criteria are met:

(i)         no reasonable provision can be made to provide access to a public street;
(ii)        safe ingress and egress from the lot can be provided;
(iii)       an agreement is registered in the PEI Registry Office, binding on all land owners abutting or fronting on the private right-of-way providing for the long term ownership and maintenance of the right-of-way, such agreement shall be binding on all heirs, successors and assigns of the current property owners.

4.13 ENTRANCEWAY PERMIT

Where an entranceway permit is required under the Roads Act Highway Access Regulations, its issuance shall be a precondition of the approval of a subdivision or development permit.

4.14 SIGHT DISTANCE

No person shall construct or use any access driveway except where that access driveway meets the minimum sight distance standards as established under the Planning Act or the Roads Act.

4.15 DEVELOPMENT RESTRICTIONS

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

(1) the proposed development does not conform to this Bylaw;

(2) the method of water supply is not appropriate;

(3) the method of sanitary waste disposal is not appropriate;

(4) there is not a safe and efficient access to the public highway, street, or road;

(5) the impact of the proposed development would be detrimental to the environment;

(6) the proposed development would create unsafe traffic conditions;

(7) the proposed development would significantly or permanently injure neighbouring properties by reason of architectural disharmony;

(8) the proposed development would be detrimental to the convenience, health, or safety of residents in the vicinity or the general public;

(9) the proposed development could injure or damage neighbouring property or other property in the Community due to water, drainage or other water run-off damage.

4.16 MAIN BUILDING

No person shall erect more than one main building on a lot except:

                        (a)        in the General Commercial (C1) Zone;
                        (b)        in the Residential Mobile Home Park (MHP) Zone; and
                        (c)        in the Agricultural (A1) Zone for other than residential use
                                   except on a farm;
                        (d)        in a PSI zone
.
4.17      ACCESSIBILITY/BARRIER FREE DESIGN

No development permit shall be issued for a building intended to serve the public until Council receives a “Confirmation of Receipt of a Quality Control Plan” from the Provincial Government, pursuant to the Barrier Free Design Regulations or subsequent regulations invoked for the same purpose.

4.18 MIXED USE

(1) Where any land or building is used for more than one (1) purpose, all provisions of this Bylaw relating to each use shall be satisfied.

(2) Where there is a conflict such as in the case of lot size or lot frontage, the higher or more stringent standard shall prevail.

4.19 CONSTRUCTION PLANS

Council may require the applicant to submit a Construction Plan for the development addressing such details as construction phasing, stockpiling of soil, temporary screening or fencing, erosion or run-off control measures, heavy truck access and any other item which could, in the opinion of Council, present a nuisance or hazard during construction.

4.20 OTHER REQUIREMENTS

Nothing in this Bylaw exempts any person from the requirement to obtain any permit, license, permission, authority or approval required by any other regulations or laws in force.

4.21 SITE WORK

No person shall carry out any site work in any zone which may create a nuisance, hardship or other inconvenience to persons in the vicinity.

4.22 AUTHORIZATION FOR INSPECTION

An application for a development permit shall constitute authorization for inspection of the building or land in question by an officer or agent of the Community for the purpose of ensuring compliance with the provisions of this Bylaw.

4.23 ACCESSORY STRUCTURES

Accessory uses, buildings and structures shall be permitted on any lot but shall not:

(1) be used for human habitation except where a dwelling is a permitted
Accessory use;

(2) be located within the front yard or flanking side yard of a lot;

(3) be built closer than fifteen (15.0’) feet (4.5 m) to any lot line except for:

(i) common garages for semi-detached dwelling units which may be centered on the mutual side lot line;

(ii) boat houses and boat docks which may be built to the lot line when the lot line corresponds to the water’s edge.

(4) be built within ten feet (10’) (3 m) of the main building on the lot;

(5) exceed 22 feet (6.7 m) in height or the height of the main building, whichever is less. Greater heights for accessory buildings will only be considered if an applicant can demonstrate a need for such consideration. Accessory buildings higher than 22 feet (6.7 m) shall only be considered for lots over three (3) acres in area where the structure is to be located a minimum of 50 feet from the main building;

(6) be permitted if an accessory building already exists, except:

(i) where it is an accessory use on a bona fide farm, in which case there is no limit to the number of accessory buildings permitted, or

(ii)        where it is located on a lot greater than three (3) acres, in which case a maximum of two accessory buildings are permitted.

            (7)        be constructed larger than the sizes outlined in the following table:

Lot Size	Accessory Building Max. Size
up to ¾ acre	625 sq. ft. (62.5 sq. m.)
over ¾ acre to 1 acre	700 sq. ft. (70 sq. m.)
over 1 acre to 3 acres	928 sq. ft. (93 sq. m.)
3+ to 5 ac (1 acc. building present)	1200 sq. ft. (120 sq. m.)
3+ to 5 ac (2 acc, buildings present)	1200 sq. ft. (120 sq. m.) (total of both buildings)

Notwithstanding the above provisions, Council may:
(i) issue a special development permit for an accessory building exceeding 1200 sq. ft. (120 sq. m.) for a lot exceeding 5 acres in area, where Council is satisfied the need for the increased size is warranted and no permanent injury would be caused to adjoining properties. Issue of such an approval would be subject to such conditions as Council may impose.

(ii) issue a special development permit for an accessory structure located within the front yard or flankage side yard of a lot where Council is satisfied the structure will be architecturally compatible with adjacent structures and no permanent injury would be caused to adjoining properties, subject to such conditions as Council may impose.

Notwithstanding anything else in this Bylaw, with the exception of the Mobile Home Park (MHP) Zone, Council may issue a permit for construction of one (1) baby barn per lot in all zones in the Community. Such approvals may be granted regardless of the previous existence of an accessory building on a lot; but the total number of accessory buildings per lot in such instances shall not exceed two (2). Maximum allowable size for such structures is 96 square feet (9.6 sq. m.) in floor area. Baby barns may be located no closer than 5 feet (1.5 m) from any lot line if located in the rear yard. They shall not be located in a Front Yard or Flankage Yard.

All accessory buildings shall be included in the calculation of maximum lot coverage as described in the Lot Requirements for the applicable zone.

Satellite dishes greater than 2 feet ( 0.6 m) in diameter shall not be erected in any zone in the Community unless a special permit has been issued by Council.

4.24 ACCESSORY APARTMENTS

One (1) accessory apartment unit may be constructed within or as an addition to an existing single family dwelling under the following conditions:

(a) the developer shall submit a site plan indicating the proposed location of at least one (1) additional parking space in addition to the parking spaces required in the zone;

(b) Council shall submit the building plans to the Provincial Fire Marshall in order to ensure the provision of safe ingress and egress to the accessory apartment and conformance with Provincial Fire Codes;

(d) where the residence is serviced by an on-site sewage treatment system the developer shall provide a certificate from a licensed PEI engineer indicating that the existing or upgraded sewage treatment system is adequate to sustain long term servicing capacity for the additional residential unit.

4.25 GARDEN SUITES

One (1) garden suite per single family dwelling lot shall be permitted in any zone provided that:

(a) the garden suite does not exceed 800 square feet (80 sq. metres) in floor area or exceed the principal dwelling in height;

(b) the garden suite is connected to the same electrical, water and sewage services as the principal dwelling on the lot, and that, in the case of connection with a septic tank system, the capacity of the system is adequate to accommodate both the principal dwelling and the garden suite;

(c) the aggregate coverage of the lot by the principal dwelling and the garden suite does not exceed twenty-five percent (25%);

(d) an accessory apartment does not already exist in the principal dwelling;

(e) one (1) parking space for the garden suite is provided in addition to the parking required for the principal dwelling;

(f) the garden suite utilizes the existing access driveway to the lot;

(g) the garden suite is constructed and maintained in an attractive and unobtrusive manner;

(h) where necessary, adequate fencing and/or buffering, to the satisfaction of Council is provided;

(i) the garden suite is not located in the front or flankage yard of the lot, and meets the minimum side and rear yard setbacks; and

(j) a Development Agreement is approved by Council, and signed by Council and the owner (or his/her designated agent) of the principal dwelling, that requires the garden suite unit to cease to exist and to be removed within thirty (30) clear days if the ownership of the principal dwelling changes or the immediate family member(s) ceases to live in the garden suite unit. This agreement shall be registered with the deed to the property in accordance with the provisions of the Registry Act R.S.P.E.I. 1988 Cap. R-11.

4.26 PERMITS POSTED

All permits shall be posted by the developer in a location easily visible for viewing.

4.27 MOVING OF BUILDINGS

No building shall be moved within or into the area covered by this Bylaw without a development permit and such other permits as may be required by law.

4.28 HEIGHT REGULATIONS

The height regulations of this Bylaw shall not apply to church spires, water tanks, flag poles, lighting standards, television or radio antennae, ventilators, skylights, chimneys, clock towers, or utility poles.

4.29 INTERSECTION TRIANGLE

On a corner lot, a fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall not be erected or permitted to grow to a height greater than two feet above grade of the streets which abut the lot within the triangular area indicated by the street boundary lines for a distance of 20’ (6 m) from their point of intersection.

4.30 PERMITTED USES IN ALL ZONES

The following uses are permitted in all zones:

(i) Temporary construction facilities such as sheds, scaffolds and equipment incidental to building on the premises for so long as work is in progress or for a maximum period of six (6) months, whichever is the shorter period.

Public and private utility buildings and structures which are considered by Council to be necessary and appropriate to the municipality, subject to such lot requirements as Council deems appropriate.

4.31 CONSTRUCT IN ACCORDANCE WITH APPLICATION

Any person who has been granted a development permit shall agree to develop in accordance with the information given on the prescribed application form and the conditions laid down by the development permit or development agreement and shall comply therewith.

4.32 DENYING PERMITS

(i) No development permit shall be issued if the proposed development could create a hazard to the general public or any resident of the municipality or could injure or damage neighbouring property or other property in the municipality, such as injury or damage to include but not be limited to water, drainage or other water run-off damage.

(ii) No development permit shall be issued if the proposed development could create a health, fire or accident hazard or increase the likelihood of the existence of rodents, vermin or other pests.

4.33 UNDERGROUND PETROLEUM STORAGE TANKS

Underground Petroleum Storage Tanks shall require a development permit from the Community before installation may proceed. In processing such application, the Community shall refer the application initially to the government authority having jurisdiction for these facilities whereupon such application will be processed in accordance with applicable regulations. The Community shall not issue a permit to the Developer until it has received WRITTEN approval from the appropriate authority. However, the written approval of the latter shall not alone be conclusive of the right to have a permit issued hereunder.

The storage of gasoline on a residential lot shall be limited to 50 litres (13 gallons).

4.34 OUTDOOR SWIMMING POOLS

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

(i) The land owner shall first secure a Development Permit from Council;

(ii) A 6 ft. (1.8 m) fence shall be constructed 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 fence;

(iii) Any gate on such fence shall be capable of being locked;

(iv) Disposal of water after de-chlorination shall be either through the sanitary sewer system or carried off by truck unless otherwise authorized by Council; and

(v) The Developer shall agree that other reasonable initiatives regarding maintenance and safety which are reasonable and prudent shall be carried out either at the initiative of the Developer or the Council; and

(vi) The pool is not to be located within a required yard that abuts a street right-of-way.

4.35 SURVEYS REQUIRED

Where the Development Officer is unable to determine whether the proposed development conforms to this Bylaw and other bylaws and regulations in force which affect the proposed development, Council may require that the plans submitted under this Section be based upon an actual survey by a licensed Prince Edward Island Land Surveyor.

4.36 CERTIFICATE OF COMPLIANCE

As a condition of any development permit Council may require that any applicant shall not use or occupy, or being the owner thereof, shall not permit any building or premises, or part thereof, to be used or occupied after it has been erected, altered, placed or reconstructed until there has been issued to the owner an official certificate of compliance certifying that the building or premises or part thereof conform to the provisions of this Bylaw and any conditions noted on the development permit or the development agreement.

4.37 SUBDIVIDING OF ATTACHED DWELLINGS

Semi-detached and row or townhouse dwellings may be divided independently for individual sale and ownership provided that:

(i) A subdivision of the parcel of land has been approved by Council (such subdivision to provide for appropriate easements or common area to allow entry by an owner of any portion of the building to his back yard area);

(ii) the units must be separated from the basement floor to the underside of the roof by a vertical fire wall built in accordance with applicable National Building and Fire Code regulations;

(iii) a separate water and sewer service is provided for each unit in accordance with policies governing water supply and sewerage services for the Community;

(iv) a separate electrical service is provided for each unit;

(v) a separate heating device is provided for each unit;

(vi) separate parking to be provided unless Council waives same;

(vii) a copy of the agreement made between the owners covering the following terms is approved by Council and registered on the title of each unit:

            (1)        common walls
            (2)        maintenance
            (3)        fire insurance
            (4)        easements
            (5)        parking
            (6)        snow removal and
            (7)        any other items jointly owned or used

(viii) any other terms and conditions shall be imposed by Council.

4.38 GRADE OF SITE

No building shall be erected or placed except in conformance with the finished grade for its site, adjacent residences or the road, after its construction.

4.39 LANDSCAPING

(i) The provision and maintenance of adequate landscape buffering and/or appropriate fencing shall be required to the satisfaction of the Council between residential zones and new commercial, industrial or other land uses characterized by significant traffic generation, the heavy use of trucks, noise, outdoor storage, congregations of people and other factors that may adversely affect adjacent residential amenity;

(ii) The provision and maintenance of adequate landscaping shall be required for new development to the satisfaction of the Development Officer.

(iii) Where a C1 or a M2 Zone abuts a Residential or Agricultural Zone along a side and/or rear lot line, a strip of not less than fifteen (15’) ft. (4.5 m) in width along the said side and/or rear lot shall be landscaped to the satisfaction of the Development Officer as part of the development for which a building permit has been granted.

4.40 NON-CONFORMING USES

(1) Subject to the provisions of this Bylaw, a building or structure, or use of land, buildings or structures lawfully in existence on the effective date of approval of this Bylaw may continue to exist;

(2) A building or structure shall be deemed to exist on the effective date of approval of this Bylaw 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 six (6) months after the date of the issue of the permit and is completed in conformity with the permit within a reasonable time;

(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 non-conforming use thereof is continued;

(4) If a building which does not conform to provisions of this Bylaw is destroyed by a fire or otherwise to an extent of seventy-five percent (75%) or more of the assessed value of the building above its foundation, it shall only be rebuilt or repaired in conformity with the provisions of this Bylaw, except if the building or repair work would not be detrimental, in the opinion of Council, 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 this Bylaw;

(6) A non-conforming use of land, buildings or structures shall not be permitted if it has been discontinued for a period of twelve (12) months consecutively, and in such event, the land, building or structure shall not thereafter be used except in conformity with this Bylaw, except if the discontinued use would not be detrimental, in the opinion of Council, to the convenience, health or safety of residents in the vicinity or the general public.

4.41 BUSINESSES IN RESIDENTIAL ZONES-IN-HOME OCCUPATIONS

Where a property is used for domestic and household arts, or business and professional offices in a Residential or Agricultural zone, the following shall apply:

(i) the dwelling shall be occupied as a residence by the principal operator and the external appearance of the dwelling shall not be changed by the business use.

(ii) there shall be no more than two non-resident assistants employed in the business or profession or the domestic and household arts carried on.

(iii) not more than 25% of the total floor area of the dwelling shall be occupied by the business or profession or domestic and household arts use.

(iv) adequate off-street parking, in accordance with this Bylaw, separate from that required for the dwelling, shall be provided.

(v) there shall be no open storage or display area.

(vi) notwithstanding Section 6, premise signs may be permitted to a maximum of 400 square inches (0.27 sq. m.) in total.

(vii) domestic and household arts shall include:

            (a)        Dressmaking and tailoring
            (b)        Hairdressing
            (c)        Instruction in the arts (music, dance, etc.)
(d)        Arts and crafts, weaving, painting, sculpture, and repair of garden or household ornaments, personal effects or toys
(e)        A Business Office
(f)        A Catering Establishment
(g)        A Photographic Studio

4.42 RECREATIONAL TRAILERS OR VEHICLES

(1) No person shall use or occupy a Recreational Trailer or Vehicle other than in an approved Campground, unless Council has issued a temporary permit for such use.

(2) A permit issued in accordance with subsection (1) shall be valid for a period of not more than 120 days, and shall not be renewed.

(3) A recreational trailer placed in accordance with these Regulations shall be removed from the lot or parcel of land immediately following expiry of the development permit.

4.43 MOBILE HOMES

            No person shall place a mobile home on any lot other than in a designated Mobile Home Park (MHP) Zone.

4.44      BED AND BREAKFAST

Bed and breakfast establishments shall be permitted to operate in any single family residence in any residential Zone subject to the following:

(1) the dwelling shall be occupied as a residence by the principal operator and the external appearance of the dwelling shall not be changed by the bed and breakfast operation;

(2) not more than three (3) rooms shall be offered for overnight accommodation;

(3) adequate off-street parking, in accordance with this Bylaw, separate from that required for the dwelling, shall be provided.

(4) premise signs shall be restricted to a maximum of 900 sq. in.(0.625 sq. m.)

(5) there shall be no other signage, open storage or visible display area.

Notwithstanding 4.43 (2), Council may allow a larger number of rooms, where it is deemed that such a development is appropriate and there would be no significant inconvenience or nuisance to adjoining properties.

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