LAND USE BYLAW, 1990, NO. 35, AMENDMENT BYLAW NO. 880, 2013

TOWN OF VIEW ROYAL BYLAW NO. 880

A BYLAW TO AMEND THE TOWN OF VIEW ROYAL LAND USE BYLAW WITH RESPECT TO CREATING THE CD-9CS (LAKESIDE VILLAGE LOW DENSITY SUITE RESIDENTIAL) ZONE AND WITH RESPECT TOTHE REZONING OF 400, 404, 405, 409, 412, 413, 416, 417, 420, 424, 425, 428, 432, 433, 436, 440 AND 444 NURSERY HILL ROAD

The Council of the Town of View Royal, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited as "Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 880, 2013".

2. Subsection 43(2) of Part 6 of said Bylaw No. 35 is hereby amended by adding the following Zone Table into the CD-9 zone, immediately after the "CD-9C (Lakeside Village Low Density Residential)" Sub-Zone Table:

CD-9CS: Lakeside Village Low Density Suite Residential

Permitted Uses

• Community Centre
• Residential Attached
• Residential Multiple Family
• Residential Single Family
• Accessory buildings and structures
• One Secondary Suite per parcel, on parcels which are at least 558m² in size

Building and Structures

f) Shall be sited not less than: i) 3.0 m from any sub-zone boundary line which abuts a street, except that the garage and those portions of a building or structure which exceed a vertical measurement of 4.0 m from the natural grade must be stepped back to a minimum of 6.0 m from any sub-zone boundary line which abuts a street; ii) 3.0 m from a rear property line which does not abut a public street. g) Single family dwellings shall not exceed a height of 8.0 m. h) Attached dwellings shall not exceed a height of 7.5m (24.6 ft.), and 2 storeys for Cluster/Patio-type dwellings, and 18 m (59.0 ft.) or 4 storeys for Terraced Residential buildings measured from natural grade.

Building Separation Where one wall of any portion of a building used for residential use faces another wall of the same building or another building on the same site, buildings and structures shall be sited to provide a continuous unencumbered 90-degree horizontal arc projecting a minimum radius of 7.5 m outward from the centre of windows to habitable rooms.

3. Schedule "1" Zoning Map referred to in Section 42 of Land Use Bylaw, 1990, No. 35, is amended by amending the zoning and zoning boundaries for lands legally described as follows:

• Lots 1,2,4,5,6,7,8,9,10,11,12,16,18,20,21,22,23, Sections 6 and 103, Esquimalt District, Plan VIS6081

which are currently zoned CD-9C (Lakeside Village Low-Density Residential) such that the zoning for the aforementioned properties is established as follows: a. The lands as shown outlined and hatched on the sketch plan of attached hereto and forming part of this Bylaw as Schedule '1' are zoned CD-9CS (Lakeside Village Low-Density Suite Residential) as shown on the Schedule 1.

4. Section 40(2)(c) of Part 6 of Land Use Bylaw, 1990, No. 35 is hereby amended to read: "Despite Section 16(1) and except as otherwise permitted in this Bylaw, secondary suites are not permitted on parcels having areas of less than 650m²."

5. Section 45(3)(a)(ii) of Part 7 of Land Use Bylaw, 1990, No. 35 is hereby amended to read: "An R-1, R-1A, R-1B, CD-9CS, A-1, or A-3 zone, in which up to three parking spaces may be located in a front yard in association with a secondary suite use so long as the portion of the front yard occupied by parking spaces does not exceed fifty metres square (50m²) exclusive of driveway to the parking spaces. The 50 m² limit shall not apply to parking space width in excess of 2.75m, provided this excess width does not itself equal or exceed 2.75m."

READ A FIRST TIME THIS 10th DAY OF DECEMBER, 2013.

READ A SECOND TIME THIS 10th DAY OF DECEMBER, 2013.

PUBLIC HEARING HELD THIS THIS 21st DAY OF JANUARY, 2014.

READ A THIRD TIME THIS _______ DAY OF _______, 2014.

APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE THIS _______ DAY OF _______, 2014.

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CLERK AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS THIS _______ DAY OF _______, 2014.

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MAYOR CLERK