Lot Coverage and Impermeable Surface Coverage Zoning Bylaw Amendments (Draft Provisions)

8.3. R-1B: Detached Residential (Medium Lot)

8.3.1. Principal Uses

a) Residential, Detached b) Small-Scale Multi-Unit Housing, subject to Schedule E

8.3.2. Accessory Uses

a) Garden Suite, subject to Schedule D b) Home Occupation c) Secondary Suite

8.3.3. Conditions of Use

a) Up to 45m² of the garage floor area that is used for the parking of vehicles must not be included in the calculation of building floor area. Additional areas in excess of 45m² must be included as part of the floor area.

8.3.4. Lot Size, Lot Coverage, Building Height and Setbacks

R-1B: Detached Residential (Medium Lot)

8.4. R-1C: Detached Residential (Small Lot)

8.4.1. Principal Uses

a) Residential, Detached b) Small-Scale Multi-Unit Housing, subject to Schedule E

8.4.2. Accessory Uses

a) Garden Suite, subject to Schedule D b) Home Occupation c) Secondary Suite

8.4.3. Conditions of Use

a) Up to 45m² of the garage floor area that is used for the parking of vehicles must not be included in the calculation of building floor area. Additional areas in excess of 45m² must be included as part of the floor area.

8.4.4. Lot Size, Lot Coverage, Building Height and Setbacks

R-1C: Detached Residential (Small Lot)

8.5. R-2: Duplex Residential

8.5.1. Principal Uses

a) Residential, Detached, subject to the regulations of the R-1B zone for siting, floor area and size of buildings and other structures b) Residential, Duplex c) Small-Scale Multi-Unit Housing, subject to Schedule E

8.5.2. Accessory Uses

a) Garden Suite, subject to Schedule D b) Home Occupation c) Secondary Suite

8.5.3. Conditions of Use

a) Up to 45m² of the garage floor area that is used for the parking of vehicles must not be included in the calculation of building floor area. Additional areas in excess of 45m² must be included as part of the floor area.

8.5.4. Lot Size, Lot Coverage, Building Height and Setbacks

R-2: Duplex Residential

9.0 MULTIPLE UNIT RESIDENTIAL ZONES

9.1. RT-1: Attached Residential

9.1.1. Principal Uses

a) Residential, Detached, subject to the regulations of the R-1B zone for siting, floor area and size of buildings and other structures b) Residential, Duplex c) Residential, Rowhouse d) Residential, Townhouse

9.1.2. Accessory Uses

a) Home Occupation

9.1.3. Conditions of Use

a) Where a Residential Rowhouse is provided within either a fee simple or strata subdivision, the side lot line setback which constitutes the party wall between two units may be reduced to 0m.

9.1.4. Lot Size, Lot Coverage, Building Height and Setbacks

RT-1: Attached Residential

9.2. RM-1: Ground-Oriented Multiple-Unit Residential

9.2.1. Principal Uses

a) Residential, Detached, subject to the regulations of the R-1B zone for siting, floor area and size of buildings and other structures b) Residential, Duplex c) Residential, Rowhouse d) Residential, Townhouse

9.2.2. Accessory Uses

a) Home Occupation

9.2.3. Conditions of Use

a) Where a Residential Rowhouse is provided within either a fee simple or strata subdivision, the side lot line setback which constitutes the party wall between two units may be reduced to 0.0m.

9.2.4. Lot Size, Lot Coverage, Building Height and Setbacks

RM-1: Ground-Oriented Multiple-Unit Residential

9.3. RM-2: Apartment Residential

9.3.1. Principal Uses

a) Residential, Apartment b) Residential, Duplex c) Residential, Rowhouse d) Residential, Townhouse

9.3.2. Accessory Uses

a) Home Occupation

9.3.3. Conditions of Use

a) Where a Residential Rowhouse is provided within either a fee simple or strata subdivision, the side lot line setback which constitutes the party wall between two units may be reduced to 0.0m.

9.3.4. Lot Size, Lot Coverage, Building Height and Setbacks

RM-2: Apartment Residential

9.4. RM-3 Zone: Mixed Residential

9.4.1. Principal Uses

a) Residential, Apartment b) Residential, Rowhouse c) Residential, Townhouse d) Community Care Facility

9.4.2. Accessory Uses

a) Home Occupation

9.4.3. Conditions of Use

a) Where a Residential Rowhouse is provided within either a fee simple or strata subdivision, the side lot line setback which constitutes the party wall between two units may be reduced to 0.0m.

9.4.4. Lot Size, Lot Coverage, Building Height and Setbacks

RM-3: Mixed Residential

Amendment Bylaw No. 925, 2015

10.0 COMMERCIAL ZONES

10.1. C-1: Community Commercial

10.1.1. Principal Uses

a) Assembly Hall b) Bakery c) Café d) Civic Use e) Community Shopping Centre f) Financial Institution g) Licensed Retail Store h) Medical Clinic i) Mixed Commercial and Residential use j) Office k) Personal Service Establishment l) Pharmacy m) Restaurant, Full-Service n) Retail Store

10.1.2. Accessory Uses

a) Home Occupation

10.1.3. Conditions of Use

a) Any goods produced on the lot must be sold at retail on the same lot. b) Every business or undertaking must be conducted within an enclosed building except for parking and loading facilities. c) A minimum driveway access of 4.5m must be provided to the rear yard where no rear roadway access exists. d) No commercial or business use, other than a premise licensed under the Liquor Control and Licensing Act, shall be open to the public between the hours of 11:00pm and 6:00am.

10.1.4. Lot Size, Lot Coverage, Building Height and Setbacks

C-1: Community Commercial

10.2. C-3: Service Commercial

10.2.1. Principal Uses

a) Animal Hospital b) Automobile Repair, Minor c) Café d) Car Wash e) Garden Centre f) Laundromat g) Office h) Restaurant, Self-Service i) Restaurant, Full-Service j) Retail sale of parts and accessories for automobiles, boats, recreational vehicle, and farm machinery k) Retail sale, rental and repair of tools and small equipment, furniture and appliances l) Service Station

10.2.2. Accessory Uses

a) Greenhouse, as part of a Garden Centre

10.2.3. Conditions of Use

a) Any goods produced on the lot must be sold at retail on the same lot. b) A minimum driveway access of 4.5m must be provided to the rear yard where no rear roadway access exists.

10.2.4. Lot Size, Lot Coverage, Building Height and Setbacks

C-3: Service Commercial

10.3. C-4: Neighbourhood Commercial

10.3.1. Principal Uses

a) Animal Hospital b) Assembly Hall c) Café d) Civic Use e) Medical Clinic f) Mixed Commercial and Residential g) Office h) Personal Service Establishment i) Pharmacy j) Restaurant, Full-Service k) Retail Food sales not to exceed 230m² l) Shopping Centre, Neighbourhood

10.3.2. Accessory Uses

a) Home Occupation within a residential dwelling unit only

10.3.3. Conditions of Use

a) Any goods produced on the lot must be sold at retail on the same lot. b) A minimum driveway access of 4.5m must be provided to the rear yard where no rear roadway access exists.

10.3.4. Lot Size, Lot Coverage, Building Height and Setbacks

C-4: Neighbourhood Commercial

10.4. C-5: Tourist Commercial (Hotel)

10.4.1. Principal Uses

a) Hotel b) Motel

10.4.2. Accessory Uses

a) Retail Store b) Café c) Restaurant, Full-Service

10.4.3. Conditions of Use

a) Any goods produced on the lot must be sold at retail on the same lot. b) A minimum driveway access of 4.5m must be provided to the rear yard where no rear roadway access exists. c) Occupancy must be limited to no more than 60 days within a calendar year.

10.4.4. Lot Size, Lot Coverage, Building Height and Setbacks

C-5: Tourist Commercial

10.5. C-6: Tourist Commercial (Campground)

10.5.1. Principal Uses

a) Campground

10.5.2. Accessory Uses

a) Retail Store b) Café c) Restaurant, Full-Service

10.5.3. Conditions of Use

a) Any goods produced on the lot must be sold at retail on the same lot. b) A minimum driveway access of 4.5m must be provided to the rear yard where no rear roadway access exists. c) Occupancy of campground, must be limited to no more than 60 days within a calendar year.

10.5.4. Lot Size, Lot Coverage, Building Height and Setbacks

C-6: Tourist Commercial (Campground)

10.6. C-7: Business Park Commercial

10.6.1. Principal Uses

a) Animal Hospital b) Café c) Civic Use d) Community Care Facility e) Garden Centre f) Hotel g) Recreational Facility, Indoor h) Licensed Retail Store i) Light Manufacturing j) Medical Clinic k) Motel l) Office m) Personal Service Establishment n) Pharmacy o) Restaurant, Self-Service p) Restaurant, Full-Service q) Retail Store r) Shopping Centre, Community

10.6.2. Accessory Uses

a) Greenhouse as part of a Garden Centre b) Home Occupation within a residential dwelling unit only

10.6.3. Conditions of Use

a) For Light Manufacturing uses, the outdoor storage of goods or materials is not permitted. b) A minimum driveway access of 4.5m must be provided to the rear yard where no rear roadway access exists.

10.6.4. Lot Size, Lot Coverage, Building Height and Setbacks

C-7: Business Park Commercial

10.7. C-7A: Business Park Commercial (Automotive)

10.7.1. Principal Uses

a) Automotive Sales, New

10.7.2. Accessory Uses

a) Automobile Repair, Minor

10.7.3. Conditions of Use

a) A minimum driveway access of 4.5m must be provided to the rear yard where no rear roadway access exists.

10.7.4. Lot Size, Lot Coverage, Building Height and Setbacks

C-7A: Business Park Commercial (Automotive)

10.8. C-8: Brew Pub Commercial

10.8.1. Principal Uses

a) Restaurant, Full-Service

10.8.2. Accessory Uses

a) Brewery b) Distillery c) Catering d) Licensed Retail Store

10.8.3. Conditions of Use

a) The total floor area of Brewery, Distillery and Licensed Retail Store uses together must not be more than 40% of the total floor area on the lot. b) No use, operation or storage of materials must be allowed outside of an enclosed building or other structure. c) A minimum driveway access of 4.5m must be provided to the rear yard where no rear highway or lane access exists.

10.8.4. Lot Size, Lot Coverage, Building Height and Setbacks

C-8: Brew Pub Commercial

11.0 INDUSTRIAL ZONES

11.1. I-1: Light Industrial

11.1.1. Principal Uses

a) Automobile Repair, Major b) Automobile Repair, Minor c) Café d) Cold Storage Plant e) Garden Centre f) Lumber and building supply yard g) Cannabis production facility h) Storage Yard i) Warehousing j) Wholesale

11.1.2. Accessory Uses

a) Retail Store as an accessory use to a warehousing or wholesale use. b) Office

11.1.3. Conditions of Use

a) No use is permitted which causes an annoyance or nuisance to surrounding areas by reason of unsightliness, the emission of odours, liquid effluent, dust, fumes, smoke, vibration, noise, glare, or health, fire or explosion hazard, electrical interference or undue traffic congestion.

11.1.4. Lot Size, Lot Coverage, Building Height and Setbacks

I-1: Light Industrial

12.0 INSTITUTIONAL ZONES

12.1. P-1: Community Institutional

12.1.1. Principal Uses

a) Assembly Hall b) Civic Use c) Community Care Facility d) Community Garden e) Daycare, Large f) Emergency Services Station g) Resource Centre h) Hospital i) Hospital Hostel j) Place of Worship k) Storage and Works Yard l) School

12.1.2. Accessory Uses

a) Café as an accessory use to a Hospital b) Office c) Residential d) Retail Store as an accessory use to a Hospital

12.1.3. Conditions of Use

a) Accessory uses must not exceed 25% of the floor area of the principal uses on the lot.

12.1.4. Lot Size, Lot Coverage, Building Height and Setbacks

P-1: Community Institutional

12.2. P-2: Local Institutional

12.2.1. Principal Uses

a) Assembly Hall b) Daycare, Large c) Civic Use d) Community Care Facility e) Resource Centre f) Place of Worship g) School

12.2.2. Accessory Uses

a) Residential use for a caretaker

12.2.3. Conditions of Use

a) Accessory uses must not exceed 25% of the floor area of the principal uses on the lot.

12.2.4. Lot Size, Lot Coverage, Building Height and Setbacks

12.3. P-3: Parks and Recreation

12.3.1. Principal Uses

a) Community Garden b) Golf Course c) Park and Open Space d) Recreational Facility, Outdoor e) Recreational Facility, Indoor

12.3.2. Accessory Uses

a) Café b) Office c) Restaurant, Full-Service d) Retail Store

12.3.3. Conditions of Use

a) Accessory uses must not exceed 25% of the floor area of the principal uses on the lot.

12.3.4. Lot Size, Lot Coverage, Building Height and Setbacks

P-3: Parks and Recreation

12.4. P-4: Regional Institutional

12.4.1. Principal Uses

a) Technical and Vocational Schools b) Youth-oriented Correctional Institutions c) Therapeutic Recovery Community

Amendment Bylaw No. 1000

12.4.2. Accessory Uses

a) Café b) Office c) Restaurant, Full-Service d) Retail Store e) Residential uses for a caretaker or a watchperson f) Commercial Kitchen g) Craft and Artisan Trades h) Market Garden i) Service Store

Amendment Bylaw No. 1000

12.4.3. Conditions of Use

a) Accessory uses must not exceed 25% of the floor area of the principal uses on the lot. b) Residential caretaker use must be on the same lot as the principal use.

12.4.4. Lot Size, Lot Coverage, Building Height and Setbacks

P-4: Regional Institutional

12.5. P-5: Transportation

12.5.1. Principal Uses

a) Park and Open Space b) Parking Facilities c) Railway, including Railway Station d) Recreation Greenway e) Transportation Centre or Depot

12.5.2. Accessory Uses

a) Café b) Office c) Restaurant, Full-Service d) Retail Store

12.5.3. Conditions of Use

a) Accessory uses must not exceed 25% of the floor area of the principal uses on the lot.

12.5.4. Lot Size, Lot Coverage, Building Height and Setbacks

P-5: Transportation

12.6. P-6: Thetis Lake Park

12.6.1. Principal Uses

a) Community Garden b) Park and Open Space c) Recreation Greenway

12.6.2. Additional Principal Uses

a) Subzone A i) Boat Launch ii) Concession Stand iii) Food Cart iv) Nature Centre v) Outdoor Recreation Facility vi) Park Operations b) Subzone B i) Nature Centre ii) Outdoor Recreation Facility iii) Parking Lot iv) Park Operations c) Subzone C i) Boat Launch ii) Nature Centre iii) Outdoor Recreation Facility iv) Parking Lot v) Park Operations

12.6.3. Accessory Uses

a) Office b) Retail

12.6.4. Conditions of Use

a) Accessory uses must not exceed 25% of the floor area of the principal uses on the lot.

12.6.5. Lot Size, Lot Coverage, Building Height and Setbacks

P-6: Thetis Lake Park

12.7. P-7: Utility Corridor

12.7.1. Principal Uses

a) Park and Open Space b) Public Utility c) Recreation Greenway d) Urban Trails

12.7.2. Conditions of Use

a) Accessory Buildings and Other Structures must not exceed a total area of 100m² on a lot.

12.7.3. Lot Size, Lot Coverage, Building Height and Setbacks

P-7: Utility Corridor

12.8. P-8: Public Safety

12.8.1. Principal Uses

a) Assembly Hall b) Civic Use c) Daycare, Large d) Public Safety Facility e) Public Storage and Works Yard f) Public Utility g) Residential Apartment h) Resource Centre

12.8.2. Conditions of Use

a) Accessory uses must not exceed 25% of the floor area of the principal uses on the lot. b) There must be at least 32 parking spaces provided on the lot.

12.8.3. Lot Size, Lot Coverage, Building Height and Setbacks

P-8: Public Safety

12.9. P-9: Parks and Recreation Cultural Facility Zone

12.9.1. Principal Uses

• Assembly Hall
• Club
• Community Garden
• Conference Centre
• Museum
• Park and Open Space
• Recreational Facility, Indoor
• Recreational Facility, Outdoor

12.9.2. Accessory Uses

• Catering
• Commercial Kitchen
• Café
• Restaurant
• Retail Store

12.9.3. Conditions of Use

a) Accessory use must not exceed 25% of the floor area of the principal uses on the lot.

12.9.4. Lot Size, Lot Coverage, Building Height and Setbacks

P-9: Parks and Recreation Cultural Facility Zone

13.0 COMPREHENSIVE DEVELOPMENT ZONES

13.1. CD-1: Comprehensive Development

13.1.1. Principal Uses

a) Animal Hospital b) Café, c) Retail Cannabis Store d) Cold Storage Plant e) Computer Technology Sales, Service and Manufacturing f) Daycare, Large g) Electronics Manufacturing h) Financial Institution i) Food Processing (excluding the primary processing of meat, poultry and fish) j) Licensed Retail Store k) Light Manufacturing l) Medical Clinic m) Office n) Personal Service Establishment o) Pharmacy p) Recreational Facilities, Indoor q) Restaurant, Self-Service r) Restaurant, Full-Service s) Retail Sales and installation of motor vehicle, trailer and boat accessories t) Retail Sales and Rental of Goods and Services u) Scientific or Technological Research Facilities v) Warehousing and Light Assembly w) Wholesaling and Wholesale Distribution

Amendment Bylaws No. 907, 944, 1041 and 1117

13.1.2. Conditions of Use

a) No use shall be permitted which causes an annoyance or nuisance to surrounding areas by reason of unsightliness, the emission of odours, liquid effluent, dust, fumes, smoke, vibration, noise, glare, or health, fire or explosion hazard, electrical interference or undue traffic congestion. b) No use, operation or storage of materials shall be allowed outside of an enclosed building or structure. c) The daily hours of operation for a Licensed Retail Store or Cannabis Retail Store are limited to between 9:00 am and 11:00 pm. d) At such time as a licensed retail store is established on any property within the CD-1 Zone, no additional licensed retail stores shall be permitted on land within 320m of the original licensed retail store. e) Daycare, Large use is permitted only on the properties legally described (and addressed) as follows:

• Strata Lots A, B and C, Plan VIS4586 Together With an Interest in the Common Property in proportion to the Unit Entitlement of the Strata Lot as shown on Form 1 (100 Aldersmith Place)

Amendment Bylaw No. 907, 2014

f) Retail Cannabis Store use is permitted only on the properties described in the map within Schedule 1 of Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1041, 2020, that being a portion of the property legally described (and addressed) as follows:

• Lot A (See EL82092), Section 2, Esquimalt District, Plan VIP61203 (1495 Admirals Road)

Amendment Bylaw No. 1041, 2020

13.1.3. Siting of Buildings and Structures

a) Front Yard minimum of 7.5m b) Rear Yard minimum of 7.5m c) Side Yard minimum of 3m except where abuts a lot in an A, R, or RM zone minimum of 7.5m d) Flanking Yard minimum of 6m

13.1.4. Size of Building and Structures

a) Height maximum of 12m b) Lot Coverage maximum of 50% of the lot area with no single footprint to exceed 4,000m²

13.1.5. Lot Size

a) Lot Area minimum of 2000m² b) Lot Width minimum of 30m²

13.2. CD-3: Comprehensive Development (Mixed Use)

13.2.1. Principal Uses

a) Café b) Financial Institution c) Medical Clinic d) Mixed Commercial and Residential Use e) Office f) Personal Service Establishment g) Recreational Facilities, Indoor h) Residential, Apartment i) Residential, Rowhouse j) Residential, Townhouse k) Restaurant, Full-Service l) Restaurant, Self-Service m) Retail Sales n) Retail Sales and installation of motor vehicle, trailer and boat accessories; o) Scientific or Technological Research Facilities; p) Service Commercial

13.2.2. Accessory Uses

a) Home Occupation

13.2.3. Density

a) The maximum density for Apartment Residential or Attached Residential uses shall be 25 units per net hectare (10 units per net acre). b) Residential Floor Space Ratio maximum of 0.5 c) Commercial Floor Space Ratio maximum of 0.25

13.2.4. Siting of Buildings and Structures

a) Front minimum of 7.5m except that, in the case of 3-storey buildings, any part of the building above the 2nd storey must be at a setback of no less than 10 m from the front lot line. b) Rear minimum of 10m c) Side minimum of 7.5m d) Flanking minimum of 6m

13.2.5. Size of Buildings and Structures

a) Height maximum of 3 storeys not to exceed 10m b) Lot Coverage maximum of 25% c) Finished residential floor area: i) minimum of 60m², for bachelor, seniors or 1 bedroom units ii) minimum of 75m² for 2-bedroom units iii) minimum of 93 m² for units with 3 or more bedrooms

13.2.6. Building Separation (Residential)

a) Where one wall of a building used for residential purposes 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 as follows: i) from the centre of a window in a Living room area minimum radius of 10m ii) from the centre of a window in Bedrooms, Kitchens and other habitable rooms minimum radius of 6m iii) from the centre of a window in non-habitable rooms minimum radius of 4m

13.2.7. Lot Size

a) Lot Area minimum of 0.4ha b) Lot Width minimum of 30m

13.2.8. Amenity Area

a) A minimum of 40% of the lot area shall be maintained as natural greenspace. b) Common amenity area shall be provided for residential uses as follows: i) for each 2-bedroom unit minimum of 10m² ii) for each 3-bedroom unit minimum of 15m² c) No play area shall be less than 25m² in area, nor located adjacent to accessible parking areas or manoeuvring aisle. d) Any finished common amenity area provided within a residential or mixed commercial / residential building, up to a maximum of 10% of the floor area of the building, shall not be included in the floor area for the purpose of calculating the floor space ratio.

13.3. CD-4: Comprehensive Development (Multiple Housing Use)

13.3.1. Principal Uses

a) Residential, Apartment b) Residential, Rowhouse c) Residential, Townhouse

13.3.2. Accessory Uses

a) Home Occupation

13.3.3. Density

a) The maximum base density for Apartment, Attached or Single-Family Residential uses shall be 43.2 units per net hectare (17.5 units per net acre), except that density may be increased by adding an amount equal to 43.2 units per net hectare (17.5 per net acre) multiplied by the percentage by which natural greenspace area is increased above the minimum requirement of 40% of site area. b) Residential Floor Space Ratio maximum of 0.57 c) The Floor Space Ratio may be increased by adding an amount equal to the figure obtained by multiplying the maximum FSR of 0.57 by the percentage by which natural greenspace area is increased above the minimum requirement of 40% of site area.

13.3.4. Siting of Buildings and Structures

a) Front minimum of 7.5m b) Rear minimum of 7.5m c) Side minimum of 7m d) Flanking minimum of 6m

13.3.5. Size of Buildings and Structures

a) Height maximum of 15m b) Lot Coverage maximum of 25.7% c) Finished residential floor area i) minimum of 60 m² for bachelor, seniors or 1-bedroom units ii) minimum of 75m² for 2-bedroom units iii) minimum of 93m² for units with 3 or more bedrooms

13.3.6. Building Separation

a) Where one wall of a building 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 as follows: i) from the centre of a window in a living room area minimum radius of 10m ii) from the centre of a window in bedrooms, kitchens and other habitable rooms minimum radius of 6m iii) from the centre of a window in non-habitable rooms minimum radius of 4m

13.3.7. Lot Size

a) Lot area minimum of 1.6 hectares (4 acres) b) Lot width minimum of 30 m (98.4 ft.)

13.3.8. Amenity Area

a) A minimum of 40% of the lot area shall be maintained as natural greenspace. b) Common amenity area shall be provided for residential uses as follows: iii) for each 2-bedroom unit minimum of 10m² iv) for each 3-bedroom unit minimum of 15m² c) No play area shall be less than 25m² in area, nor located adjacent to accessible parking areas or manoeuvring aisle. d) Any finished common amenity area provided within a residential or mixed commercial and residential building, up to a maximum of 10% of the gross floor area of the building, shall not be included in the floor area of the purpose of calculating the floor space ratio.

13.4. CD-5: Comprehensive Development (Gibraltar Bay)

13.4.1. Principal Uses

a) Residential, Detached b) Small-Scale Multi-Unit Housing, subject to Schedule E

13.4.2. Accessory Uses

a) Garden Suite, subject to Schedule D b) Home Occupation c) Secondary Suite

13.4.3. Conditions of Use

a) Up to 45m² of garage floor area that is used for the parking of vehicles shall not be included in the calculation of floor area. Additional area in excess of 45m² shall be included as part of the floor area.

13.4.4. Density

a) Base Density & Amenity Bonusing b) The maximum base density for Mixed Residential use shall be 9.2 units per net hectare (3.7 units per net acre), except that density may be increased by adding an amount equal to the base density multiplied by the percentage by which natural or landscaped greenspace area is increased above the minimum requirement of 40% of site area. The bonus density described herein shall only be applicable if no less than one half of the minimum 40% greenspace requirement is provided in the form of natural greenspace. c) Floor Space Ratio (FSR) d) Maximum of 0.45, not to exceed a total of 278m² (3000 sq.ft.) per lot

13.4.5. Siting of Buildings and Structures

a) For Single Family Residential Use on fee-simple or bare land strata lots: i) Front: minimum of 4m ii) Rear: minimum of 4m iii) Side: minimum of 3m iv) Side, Flanking: minimum of 3m b) For Accessory Structures: i) Front: minimum of 2m ii) Rear: minimum of 2m iii) Side: minimum of 2m iv) Side, Flanking: minimum of 2m c) Waterfront Leavestrip: i) A foreshore setback averaging no less than 25 metres in width shall be required

13.4.6. Size of Buildings and Structures

a) Height maximum of 8m b) Lot Coverage maximum of 35%, except that, where a dwelling unit is no more than one storey in height, a lot coverage of 40% shall be permitted; c) Finished residential floor area minimum of 70m²

13.4.7. Lot Size

a) Lot Area minimum of 377m² provided that the average lot size in the overall bare land strata subdivision is not less than 704m². b) Lot Width minimum of 15m, except that up to 15% of the lots created by a subdivision may be permitted to reduce lot width on part of the lot to a minimum of 6m where such lots: i) front on secondary access roads having a width of no less than 4m and a maximum length of 35m; ii) access local roads through a panhandle, provided that such panhandles are no less than 6m in width, and no more than 20m in length; or iii) have an average width of 15m as measured through the complete depth of the lot.

13.4.8. Greenspace

a) A minimum of 20% of the overall strata subdivision site area shall be preserved as natural greenspace. In addition to this natural greenspace requirement, further area shall be maintained as landscaped greenspace such that the combined area of the natural and landscaped greenspaces shall be not less than 40% of the overall strata subdivision site area.

13.4.9. Landscape Screening

a) A landscaped buffer area of at least 2m in width shall be required adjacent to any environmental protection area which is protected by a covenant registered under Section 219(4) of the Land Title Act. b) A dense, mixed vegetative buffer in a form satisfactory to the Municipal Approving Officer shall be planted and maintained within the said buffer area. The installation of a fence barrier shall also be required: i) at the edge of the environmental protection area; and ii) on each side of any pedestrian access pathway passing through the environmental protection area. c) The required fence barrier shall be in the form of an open wood rail fence.

13.5. CD-5A: Comprehensive Development (Mixed Residential – Small Lot)

13.5.1. Principal Uses

a) Residential, Detached b) Residential, Duplex c) Residential, Rowhouse d) Residential, Townhouse

Amendment Bylaw No. 944

13.5.2. Accessory uses

a) Home Occupation

13.5.3. Conditions of Use

a) Up to 45m² of garage floor area that is used for the parking of vehicles shall not be included in the calculation of gross floor area. Additional area in excess of 45m² shall be included as part of the gross floor area.

13.5.4. Base Density & Amenity Bonusing

a) The maximum base density for Mixed Residential use shall be 15 units per net hectare (6 units per net acre), except that density may be increased by adding an amount equal to the base density multiplied by the percentage by which natural or landscaped greenspace area is increased above the minimum requirement of 20% of site area.

13.5.5. Floor Space Ratio (FSR) maximum of 0.45, not to exceed a total of 278m² per lot.

Amendment Bylaw No. 944

13.5.6. Siting of Buildings and Structures

a) For Single Family Residential use on fee-simple or bare land strata lots: i) Front minimum of 4.5m ii) Rear minimum of 6m iii) Side minimum of 1.2m iv) Flanking minimum of 4m b) For Accessory Structures: i) Rear minimum of 0m ii) Side minimum of 0m iii) Flanking minimum of 4m c) For Attached Residential Buildings: i) Front minimum of 6m ii) Rear minimum of 7m iii) Side minimum of 4.6m

13.5.7. Size of Buildings and Structures

a) Height maximum of 7.5m b) Lot Coverage maximum of 35% c) Finished residential floor area minimum of 70m²

13.5.8. Building Separation for Attached Residential Use

a) Where one wall of a building 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 as follows: i) from the centre of a window in a Living room area minimum radius of 10m ii) from the centre of a window in Bedrooms, Kitchens and other habitable rooms minimum radius of 6m iii) from the centre of a window in non-habitable rooms minimum radius of 4m

13.5.9. Greenspace

a) A minimum of 10% of the lot area shall be preserved as natural greenspace. b) In addition to the natural greenspace requirement, further area shall be maintained as landscaped greenspace such that the combined area of the natural and landscaped greenspace shall be not less than 20% of the lot area.

13.5.10. Landscape Screening

a) A landscaped buffer area of at least 2m in width shall be required adjacent to any environmental protection area which is protected by a covenant registered under Section 219(4) of the Land Title Act. b) A dense, mixed vegetative buffer in a form satisfactory to the Municipal Approving Officer shall be planted and maintained within the said buffer area. The installation of a fence barrier shall also be required: i) at the edge of the environmental protection area; and ii) on each side of any pedestrian access pathway passing through the environmental protection area. c) The required fence barrier shall be in the form of an open wood rail fence.

13.6. CD-6: Comprehensive Development (Casino)

13.6.1. Principal Uses

a) Subzone A i) Casino ii) Parking Structure iii) Premises licensed under the Liquor Control and Licensing Act iv) Conference Centre v) The uses permitted in the C-7: Business Park Commercial Zone b) Subzone B i) The uses permitted in the C-7: Business Park Commercial Zone

13.6.2. Density

c) Floor Space Ratio (FSR) maximum of 0.45

13.6.3. Siting of Buildings and Structures

a) Front minimum of 3.5m b) Rear minimum of 0 m c) Side minimum of 2.14m d) Side, Flanking minimum of 2.14m

13.6.4. Size of Buildings and Structures

a) Height maximum of 14m, except that a parking structure and chimney feature forming an integral part of the Building Architecture shall have a Maximum allowable height of 16.5m and 18.5m respectively. b) Notwithstanding any other provision of this Bylaw, non-enclosed structures or architectural features used specifically for the visual screening or noise buffering of rooftop equipment are exempt from compliance with maximum height regulations.

13.6.5. Lot Coverage

a) maximum of 50% of the lot area

13.6.6. Greenspace & Screening

b) minimum of 10% of the lot area shall be maintained as natural greenspace or a combination of natural greenspace and landscaped area c) Selection of tree and plant varieties in landscaped greenspace must be based on climatic conditions, constraints of location, resistance to disease, insect infestation & air pollution, ease of maintenance and effectiveness in enhancing year-round screening & streetscape beautification. d) All vegetation within any greenspace area shall be maintained in a healthy, attractive condition and whenever necessary, replaced with new plant materials to ensure continued compliance with the applicable provisions of this Applicable Zone. Where screening has been achieved through the installation of fences or walls, these features must be permanently maintained in good repair and presentable appearance, and whenever necessary, they must be repaired or replaced.

13.6.7. Lot Size

a) Lot Area minimum of 1500m² b) Lot Width minimum of 20m

13.6.8. General Regulation

a) Except as provided for in this Applicable Zone, the regulations of the Business Park Commercial: C-7 Zone shall apply.

13.7. CD-7: Comprehensive Development (Business Park)

13.7.1. Principal Uses

a) Mixed Commercial and Residential Use b) Office c) Storage Warehousing

13.7.2. Conditions of Use

a) Self-storage warehouse facilities shall not be open to the public between the hours of 10:00 p.m. to 8:00 a.m. b) End-of-trip amenities for cyclists, including, but not limited to, showers, change rooms and temporary bicycle storage must be provided for the convenience of customers and employees.

13.7.3. Density

a) Base Floor Space Ratio (FSR) maximum of 1.0 b) Density Bonusing for Greenspace: i) The Floor Space Ratio may be increased by adding an amount equal to the figure obtained by multiplying the Base FSR by the percentage by which natural and/or landscaped greenspace area is increased above the minimum requirement of 20% of site area. c) Density Bonusing for Concealed Parking: i) The FSR may also be increased by adding an amount equal to the figure obtained by multiplying the Base FSR by the percentage of total required parking being provided as enclosed underground parking or concealed parking. d) Density Bonusing for Improvements to Road Boulevard Area: i) The Base FSR may also be increased by 5% for each of the following off-site improvements being provided to Municipal standards:

• construction of excess or extended works & services, including sidewalks and drainage works;
• streetscaping. e) The maximum Floor Space Ratio which may be achieved through the Density Bonusing provisions of this Applicable Zone shall not exceed 2.0. f) Concealed parking area within the building envelope shall be excluded from the calculation of floor space ratio.

13.7.4. Siting of Buildings and Structures

a) Front minimum of 7.5m b) Rear minimum of 4.5m, except that, where adjacent property is under residential use, the minimum setback shall be 7.5m. c) Side minimum of 4.5m, except that, where adjacent property is under residential use, the minimum setback shall be 7.5m. d) Side, Flanking minimum of 4m

13.7.5. Size of Buildings and Structures

a) Height maximum of 4 storeys, not to exceed 13.5m b) Base Lot Coverage maximum of 37% of lot area

13.7.6. Lot Coverage Bonusing for Greenspace

a) The lot coverage may be increased by adding an amount equal to the figure obtained by multiplying the Base Lot Coverage by the percentage by which natural and/or landscaped greenspace area is increased above the minimum requirement of 20% of site area.

13.7.7. Lot Coverage Bonusing for Concealed Parking

a) The lot coverage may also be increased by adding an amount equal to the figure obtained by multiplying the Base Lot Coverage by the percentage of total required parking being provided as enclosed underground parking or concealed parking.

13.7.8. Lot Coverage Bonusing for Improvements to Road Boulevard Area

a) The Base Lot Coverage may also be increased by 5% for each of the following off-site improvements being provided to Municipal standards: i) construction of excess or extended works & services, including sidewalks and drainage works ii) streetscaping

13.7.9. The maximum lot coverage which may be achieved through the Lot Coverage Bonusing provisions of this Applicable Zone shall not exceed 50% of the site.

13.7.10. Lot Size

a) Lot Area minimum of 0.8 hectare (2 acres) b) Lot Width minimum of 30m (98.4 ft.)

13.7.11. Greenspace & Screening

a) Minimum of 20% of the lot area shall be maintained as natural greenspace or a combination of natural greenspace and landscaped area. b) Within Front Yard Setback Areas: The entire Front Yard building setback area, excluding access driveways, shall be maintained as natural or landscaped greenspace area. c) Within Rear and Side Yard Setback Areas: No less than 4.5m of the required 7.5m for Rear and Side Yard building setback areas adjacent to residential uses shall be maintained as natural or landscaped greenspace area.

13.7.12. Landscape Screening – Interior Lot Line Setback Areas

a) Within the greenspace portion of any Rear or Side Yard setback area abutting residential uses on adjacent property, a solid and continuous landscape screen shall be planted and maintained. The landscape screen shall consist of massed coniferous and/or deciduous trees or shrubs of at least 3.0 metres (9.8 ft.) in height and shall be of such species as will produce, within five (5) growing seasons, an opaque screen at least 5 metres (16.4 ft.) in height. Fences will not be acceptable as an alternative to planted landscape screening, but may be used to supplement natural or planted landscape screening where a high level of ornamental design is incorporated. In this regard, fences shall be constructed of wood and/or stone and any wood element shall be treated with a natural coloured, weather-resistant stain.

13.7.13. Streetscaping

a) Within the greenspace portion of any Front or Flanking Side Yard setback area, landscaping shall include a row of coniferous and/or deciduous trees in accordance with the requirements of this Section. b) Spacing between tree centres for streetscaping adjacent to arterial & major collector roads shall not exceed 8 metres. For streetscaping along minor roads, or where overhead wiring exists, the maximum spacing between tree centres shall be 4m. c) Within Off-Street Parking Areas: Outdoor parking areas must be fully screened by buildings and/or landscaping.

13.7.14. General Landscaping Requirements:

a) Selection of tree and plant varieties in landscaped greenspace shall be based on, climatic conditions, constraints of location, resistance to disease, insect infestation & air pollution, ease of maintenance and effectiveness in enhancing year-round screening & streetscape beautification. b) All vegetation within any greenspace area shall be maintained in a healthy, attractive condition and whenever necessary, replaced with new plant materials to ensure continued compliance with the applicable provisions of this Applicable Zone. Where landscape screening has been supplemented by the installation of fences or walls, these features shall be permanently maintained in good repair and presentable appearance, and whenever necessary, they shall be repaired or replaced.

13.8. CD-8: Comprehensive Development (Thetis Cove Waterfront)

13.8.1. General Conditions and Regulations

a) The CD-8 zone shall consist of five sub-zones (Sub-zones A, B, C, D and E) with different regulations and conditions for each sub-zone. The area of each sub-zone shall be defined by Schedule 1, attached to and forming part of this Bylaw. b) Where there is a discrepancy between the wording set out in the General Conditions from those set out in each sub-zone, the wording and meaning of the General Conditions shall apply. c) Where there is a discrepancy between the wording and meaning in this zone and the wording set out in other parts of Land-Use Bylaw No 35, the wording of the CD-8 zone shall apply. d) Density i) The maximum gross floor area for all uses shall not exceed 37,161m². ii) The maximum number of residential units permitted in all Sub-zones combined shall not exceed two hundred and fifty (250) units. iii) The maximum gross floor area for combined commercial and live/work uses within the CD-8 zone shall not exceed 2,787m² iv) The averaging of floor area density throughout Sub-zones A, B, C, D and E shall be permitted. v) The determination of gross floor area shall not include areas of unenclosed sundecks or balconies, underground parking or the first 45 m² of floor area allocated to above-ground garages or carports used for vehicle parking. vi) The maximum lot coverage for all structures shall be 35%. e) The minimum floor area for any dwelling unit shall not be less than 75m² (807 sq. ft.). f) The height of any one building storey shall not exceed 4m. A mixed-use building with a maximum height of 8 storeys shall not exceed 32m in height. g) Underground parking, at least half of which is below grade, shall not be considered a building storey. h) All commercial uses shall be limited to the first two storeys of any building. i) A minimum of 7.0 % of the total allowable gross floor area on the site should be set aside to accommodate non-residential use, including live/work studios, commercial shops and a community centre. j) The hours of operation for any principal commercial use, excluding a waterfront restaurant or marine/neighbourhood pub, shall not exceed 7:00 a.m. to 10:00 p.m. on weekdays and 7:00 a.m. to 12:00 a.m. on weekends and holidays. k) Any restaurant or neighbourhood public house use will be required to incorporate the use of odour-reducing equipment that has the effect of eliminating at least 90% of odour emissions into the air space outside of the building. Specifications related to the use of such equipment shall be made available to the Town for review and approval prior to the issuance of a building permit for tenant improvements to accommodate restaurant or pub use. l) Commercial and live/work uses shall not be permitted to cause an annoyance or nuisance to surrounding areas by reason of unsightliness, odour emission, liquid