Mudge Island Advisory Planning Commission

Regarding the March 1st LTC meeting

GULF ISLANDS LAND USE BYLAWS COMPARISON

The following table was produced by a member of the Mudge Island Community, and sent to the Mudge Island Advisory Planning Commission, care of Secretary Doug MacDonald.  The APC felt that this information should be shared with our entire community, as well as sent to the Islands Trust and our Local Trusts Area Trustees.  Permission was asked and granted to post this document provided the author could remain in the background.  The APC has agreed to their request.

While lengthy, the table below lists multiple Gulf Islands and compares the definitions of Lot Coverage and Structures as articulated in the other Islands respective LUB’s.  As well, the table identifies the Maximum Lot Coverages for each Island, and whether or not Cisterns or Water Storage Tanks are mentioned, and if, under what regulations.

One thing that most who read this document will see pretty quickly, is that Mudge Island appears to have the most restrictive Bylaws of any other Island.  We knew as we have been working through this process that we had significantly more restrictions than Gabriola Island, we were however unaware how much different Mudge Island was from most Islands.

The APC would like to thank “Eminence grise “ for this tremendous piece of work, and the time spent compiling this data.

GULF ISLANDS LAND USE BYLAWS COMPARISON

ISLAND

LOT COVERAGE

STRUCTURE

LOT COVERAGE MAXIMUM

CISTERNS or
WATER STORAGE TANKS

Mudge Island Land Use Bylaw, 2007

Lot coverage means the total area of a lot covered by buildings and structures measured within the outer most walls, or if there are no walls, measured to the outer edge of the drip-line, expressed as a percentage

Structure means any construction and human made land alteration fixed to, supported by, or sunk into land or water; for clarity septic fields, septic tanks, absorption fields and related appurtenances, concrete and asphalt paving or similar surfacing of the land, and retaining structures are considered structures.

Rural Residential (RR)

Lot Coverage

(4) The maximum lot coverage is 10%.

Cistern or water storage not mentioned.

Bowen Island Municipality Bylaw No. 57, 2002 Land Use Bylaw

Lot coverage means the percentage of the lot area covered by the horizontal footprint of all buildings and structures, including accessory buildings or structures.

Structure means any construction installed on, supported by or sunk into land or water, but does not include a fence or flat areas intended for pedestrian or vehicle movement surfaced by concrete, asphalt, brick or tile or other materials.

RR1, RR2, RR3

Maximum combined lot coverage of all buildings and structures calculated as follows: 100 m2 plus 3.5% of lot area to a maximum of 1500 m2

Cisterns not mentioned,
HEIGHT EXCEPTIONS

3.15 Any of the following may exceed the height limitations specified for each zone of this Bylaw provided that the lot coverage of such structures does not exceed 1% or, if it is located on a building, the structure does not occupy more than 10% of the roof area of the building:

…7 water storage tanks….

Denman Island Land Use Bylaw, 2008

Lot coverage means the percentage of the total area of the lot covered by buildings and structures including roof overhangs;

Structure means anything constructed or erected that is fixed to, supported by or sunk into land or water, whether underwater or otherwise, but excludes vehicles, floating vessels, ground-level paving for driveways and vehicle parking, ground-level sidewalks, detached ground-level patios and decks, detached access stairways and boardwalks, power-poles and telecommunication poles;

Maximum combined lot coverage of buildings and structures

RR1, 25%

RR2, 25%

RR3 n/a

Cisterns mentioned in Subdivision regulations section
2.2 General Height Regulations

1 Despite any regulations in the zoning tables in Part 3, height restrictions do not apply to…water storage tanks that are attached to and accessory to a principal use.

Gabriola Island Land Use Bylaw Bylaw No. 177, 1999

lot coverage means the total area covered by buildings and structures measured within the outer most walls, or if there are no walls, measured to the outer edge of the drip-line;

BL 279 structure means anything constructed or erected that is fixed to, supported by or sunk into land or water, whether underwater or otherwise, excluding vehicles except for vehicles used as a restaurant where a restaurant is a permitted use, floating vessels, paving for vehicle parking, sidewalks, and sewage absorption fields; for clarity, swimming pools, dugouts, cisterns, above ground septic tanks and detached ground level decks are considered structures;

D.1.1.3 Regulations

The general regulations in Part B, plus the following regulations apply in the Small Rural Residential (SRR) zone:
b. Lot Coverage Limitations

i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area.

D.1.2.1 Permitted Uses

The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Large Rural Residential (LRR) zone:
b. Lot Coverage Limitations

i The maximum combined lot coverage by buildings and structures is 10 percent of the lot area.

floor area means the total area of all floors for each storey of a building measured to the interior surface of the exterior walls and if there are no walls, measured to the outer edge of the drip line, and for purposes of calculating floor area, the following apply:

1. all areas of a building having a floor and ceiling at least one metre apart constitute a storey;

2. the floor area occupied by any cistern used for the collection of rainwater for domestic use or fire protection is excluded….

D.5.10.1 Permitted Principal Uses

The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Water Protection 3 – Lake (WP3) zone:

a. Permitted Principal Uses

i water storage

Galiano Island Local Trust Committee Bylaw No. 127, 1999 [Land Use]

lot coverage means the total area of those portions of a lot that are covered by buildings or structures divided by the area of the lot, and for this purpose the area of a lot that is covered by a roofed building or structure is measured to the drip line of the roof and structures includes asphalt and concrete paving. [but see 17.1.48]

17.1.48 structure means anything that is constructed or erected and that is fixed to, supported by or sunk into land or water, but does not include paved parking areas or utility lines.

5.1.4 Rural Residential Zone – RR

BL 239
5.4.4 Lot coverage must not exceed 25% of any lot

2.11 The floor area occupied by any cistern located in a building and the housing provided for such cistern may be excluded from the calculation of the floor area of the building and the lot coverage of the lot on which it is located.
2.7 The height limits set out in this section do not apply to any…water storage tank….

Gambier Island Land Use Bylaw No. 86, 2004

Lot coverage means the total area of those portions of a lot that are covered by buildings or structures (not including projections from the building or structure that do not require support on the land such as roof overhangs) whether expressed as a maximum percentage of lot area or as square metres

Structure means anything that is constructed or erected and that is fixed to, supported by or sunk into land or water, excluding fences, surfaced areas of gravel, concrete or other similar material comprising driveways, uncovered patios, uncovered parking areas.

5.2 Rural Residential (RR) Zone
(5) Maximum lot coverage for all buildings and structures:

(a) Lots less than 1 hectare in area: 25%;

(b) Lots 1 hectare to less than 2 hectare in area: 20%;

(c) Lots 2 hectares to less than 3 hectares in area: 18%;

(d) Lots 3 hectares to less than 4 hectare in area: 15%;

(e) Lots 4 hectares to less than 10 hectares in area: 12%

(f) Lots 10 hectares and greater in area: 10%.

Cisterns not mentioned
3.5 Height Regulations

(1) Any of the following may exceed the height limitations specified for each zone of this Bylaw provided that the lot coverage of such structures does not exceed 1% or, if it is located on a building, the structure does not occupy more than 10% of the roof area of the building:…

(g) Water storage tanks….

Hornby Island Land Use Bylaw No. 150, 2014 – Schedule A

lot coverage means the proportion of the lot area that is covered by buildings and structures including, where such use is permitted, a recreational vehicle used for a residential use, expressed as a percentage of the lot area;

structure means any object or construction fixed to, supported by or embedded in land including retaining walls and stairs and excludes loose stones and concrete, other paved surfaces, storage of building materials, septic fields, tanks, absorption fields and related appurtenances.

8.1 Residential 1 – Small Lot (R1) Zone (Galleon Beach, Shingle Spit, Sandpiper, Whaling Station Bay/Anderson Drive and portion of Klaver Lot)
(3) Lot coverage must not exceed 10% of any lot having an area of 1.0 hectare or more, nor 15% of any lot having an area of less than 1.0 hectare.

Residential 2 – Large Lot (R2) Zone
(3) Lot coverage must not exceed 10% of any lot having an area of 1.0 hectare or more, nor 15% of any lot having an area of less than 1.0 hectare.

3.5 Accessory Uses, Buildings and Structures

(2) The floor area occupied by a cistern used for domestic water or irrigation purposes is excluded from the calculation of the floor area of any accessory building or structure

Lasqueti Island Land Use Bylaw No. 78, 2005

lot means parcel as defined in this Bylaw;

[lot coverage is not defined and appears only in 3.6(c)(ii) parking lot home enterprise]

structure means a construction of any kind, whether fixed to, supported by, or sunk into land or water, including buildings, display signs, poles and towers, platforms, breakwaters, sheds, bins, stadia, tanks, but shall not include fences and walls;

4.2. LAND BASED (LB)
(2) Maximum Number and Size of Buildings and Structures

Except where otherwise regulated in this Bylaw, the following buildings and structures and no others are permitted on any parcel of land.

(a) Dwellings, subject to Subsection 3.9;

(b) Agricultural accessory buildings and structures necessary for the operation of a farm, including accessory buildings that contain temporary living quarters for transient agricultural workers;

(c) Accessory buildings and structures;

(d) Other non-residential buildings and structures to accommodate the permitted uses set out in this zone.

3.9. Dwellings and Guest Cabins Per Lot

(1) Unless otherwise regulated in this Bylaw, any upland lot is permitted to have one dwelling.

(2) Unless otherwise regulated in this Bylaw, the following number of dwellings are permitted per lot:

(a) Subdivision District A: one (1) dwelling per four (4) hectares (9.88 acres) of lot area.

(b) Subdivision District B: one (1) dwelling per eight (8) hectares (19.76 acres) of lot area.

(c) Subdivision District C: one (1) dwelling per 65 hectares (160.61 acres) of lot area.

(3) For each permitted dwelling, a guest cabin not exceeding 56 square metres (602.7 square feet) in floor area is permitted.

(4) For the purpose of calculating density, six (6) tenting sites are considered equivalent to one dwelling density.

Cisterns or water storage not mentioned

Mayne Island Land Use Bylaw No. 146, 2008

Lot coverage means the total area of those portions of a lot that are covered by buildings or structures divided by the area of the lot, exclusive of the floor area occupied by any cistern used for the collection of rainwater for domestic use or fire protection, and for this purpose the area of a lot that is covered by a roofed building or structure is measured to the drip line of the roof.

Structure means anything that is constructed or erected and that is fixed to, supported by or sunk into land or water, but does not include septic fields, septic tanks, sewage absorption fields, wells, underground water storage tanks and related appurtenances below ground, paved parking areas or similar surfacing, concrete and asphalt paving, or similar surfacing of the land.

5.2 Rural Residential One (RR1) Zone

The purpose of the Rural Residential Zone is to provide regulations for areas of limited application used for acknowledging historical situations of multiple land owners where individuals bought land cooperatively as a company expecting that each share holder could build a dwelling and guest cottage.

(4) The maximum lot coverage is 10%.

See lot coverage and structure.

North Pender Island Local Trust Committee Land Use Bylaw No. 103, 1996

BL 118 lot coverage means the total area of those portions of a lot that are covered by buildings and structures, divided by the area of the lot, and for this purpose the area of a lot that is covered by a building or structure is measured to the drip line of the roof.

BL 115 structure means anything that is constructed or erected and that is fixed to, supported by or sunk into land or water, but excludes fences, septic fields, concrete and asphalt paving, or similar surfacing of the land.

8.1 Rural Residential (RR) Zone

8.1.4 Lot Coverage

(1) Lot coverage may not exceed 25 percent.

3.8 Height Exceptions

BL 179 3.8.1 The height regulations for buildings and structures specified elsewhere in this Bylaw do not apply to…water storage tanks in the Community Service (CS) Zone.

BL 115, 179 floor area means the total area of all storeys of a building measured to the outer surface of the exterior walls, exclusive of any floor area occupied by any cistern used for the collection of rainwater for domestic use or fire protection, and for this purpose, all areas of a building having a floor and a ceiling of at least 1.5 metres apart constitute a storey.

4.6.8 To the extent that is practicable, surface drainage systems must be designed so as to permit withdrawal of water for fire suppression from storm water retention facilities and drainage ditches, and the use of storm water to recharge fire protection cisterns.

Salt Spring Island Land Use Bylaw, 1999

lot coverage means the total area on the horizontal plane of those portions of a lot that are covered by buildings or structures divided by the area of the lot and expressed as a percentage, and for this purpose, the area of a lot that is covered by a roofed building or structure is measured to the outer surface of the exterior walls and windows minus 15 cm, or in the case of roofed structures without walls it is measured to the edge of the eaves.

structure means any material or combination of materials that are constructed for use, occupancy or ornamentation whether installed on, above or below the surface of land or water, but excludes paving.

paving means any graded, hardened, and relatively impervious surface covered with materials comprised of asphalt, concrete, masonry, crushed gravel or combinations of them.

9.9.2 Size, Siting and Density of Permitted Uses, Buildings and Structures

BL371 (10/01) (1) Subject to Part 4, buildings and structures in the Residential Zones must comply BL461 (05/13) with the following regulations regarding size, siting and density:

Maximum combined per cent lot coverage of all buildings and structures

R1 33%

R2 25%

R3 33%

Cisterns not mentioned.
Water storage tanks mentioned only in Schedule B Ballpark Specifications

< ![if !supportLists]>12.    < ![endif]>Saturna Island Local Trust Committee Land Use Bylaw No. 78, 2002

lot coverage means the total area of a lot covered by buildings and structures

expressed as a percentage of the total lot area

structure means any construction fixed to, supported by, or sunk into land or water,

but excludes concrete and asphalt paving and similar surfacing, septic tanks, sewage

disposal fields, and buried water tanks.

4.1 RURAL RESIDENTIAL ZONE (RR)
Lot Coverage

4.1.5 On lots less than .4 hectare (one acre), lot coverage for buildings and structures shall not

exceed 20 %.

Water Storage

BL # 99

A building permit shall not be issued for any residential building, visitor accommodation unit, or addition to a residential building or visitor accommodation unit in the water management area depicted on Schedule C unless a building on the lot is equipped with a

water catchment system and cistern(s) for the storage of rainwater. Minimum cistern capacity is required as follows:

A minimum cistern capacity of 21820 litres (4800 gallons) is required for any new construction of a residence or visitor accommodation unit, or any addition to a residence or visitor

accommodation unit that exceeds 11.6 square metres (125 square feet) of floor area.

South Pender Island Land Use Bylaw No. 114, 2016

lot coverage means the total area of those portions of a lot that are covered by buildings and structures, divided by the area of the lot, for this purpose the area of a lot that is covered by a roofed building or structure is measured to the drip line of the roof and for the purpose of lot coverage regulations in Part 5 the common property in a bare land strata plan is a lot if it is used for accessory buildings or structures.

structure means a construction or portion thereof of any kind that is fixed to, supported by or sunk into land or water, but excludes septic fields, septic tanks, and related appurtenances below ground, wells, landscaping, concrete and asphalt paving, and similar surfacing of the land, and retaining structures less than 1.2 metres (4 feet) in height at all points

5.1 Rural Residential Zones
Siting and Size for
RR1, RR2, RR3

Maximum Floor Area per lot:

Lot Area

The total floor area of all buildings may not exceed:

The floor area of a dwelling may not exceed:

Less than 0.4 ha
(1acre)

465 m2 (5000ft2)

353 m2 (3800ft2)

0.4 ha to 0.79 ha (1 to 2 acres)

557 m2 (6000ft2)

418 m2 (4500ft2)

floor area means the sum of the horizontal areas of all storeys in a building, measured to the outer surface of the exterior walls, exclusive of any floor area occupied by a cistern used for the storage of water for domestic use or fire protection, and exclusive of all areas of a storey having a floor and a ceiling less than 1.5 metres apart.

3.5 Accessory Buildings and Structures
(5) The floor area occupied by any cistern used for the storage of water for domestic, irrigation, or fire protection purposes may be excluded from the calculation of the floor area of any accessory building or structure.
3.14 Groundwater Protection

(1) A building permit shall not be issued for a new building to be used as a dwelling on a lot in the RR(1), RR(2) or RR(3) zones unless a building on the lot is equipped with a rainwater catchment system and cistern(s) for the storage of rainwater with a minimum cistern capacity of 9,000 litres (1980 gallons).

Thetis Island Land Use Bylaw, 2011

lot coverage means the percentage of the area of a lot that is covered by buildings and structures and for this purpose the area of a lot that is covered by a roofed building or structure is measured to the drip line of the roof.

structure means anything that is constructed or erected and that is fixed to, supported by or sunk into land or water, but excludes vehicles, floating vessels, ground level paving for driveways and vehicle parking, ground level sidewalks, power poles, telephone poles, wells and associated pumps and pipes, and sewerage systems and their associated pumps and pipes.

5.3. Density of Uses, Buildings and Structures

g) Maximum combined lot coverage of buildings and structure

R-1 35%

R-2 10%

cistern means a tank or reservoir used for storing rainwater or groundwater.

2.2.3. Cisterns and buildings or structures for the sole purpose of housing cisterns may project into the setback area up to one half of the setback distance for structures in the zone.

Land Use Bylaw for Thetis Associated Islands No. 94, 2014

(Serving Ruxton, Reid, Pylades, Hudson, Dayman, Scott, Tree, and Whaleboat Islands

lot coverage means the total horizontal area at grade of those portions of a lot that are covered by buildings and structures, exclusive of decks not exceeding 1.2 metres in height at any point, measured to the outermost perimeter of a building or structure, divided by the area of the lot, and expressed as a percentage. The area of a lot that is covered by a roofed building or structure is measured to the drip line of the roof.

structure means a construction or portion thereof of any kind that is fixed to, supported by or sunk into land or water, but excludes landscaping, septic fields, septic tanks, sewage absorption fields and related underground appurtenances and concrete and asphalt paving or similar surfacing of the land.

5.1 Residential One – (R1)

Information Note: The purpose of the Residential One Zone is to provide for the regulation of the development of residential areas on Ruxton Island.
(2) The maximum density in the R1 zone is 1 dwelling per lot.

(3) The maximum lot coverage in the R1 zone is 15 percent.

Residential Two – (R2)

Information Note: The purpose of the Residential Two Zone is to provide for the regulation of the development of residential areas on Scott, Reid, and Tree Islands.
Density

(2) The maximum density in the R2 zone is 1 dwelling per lot.

(3) The maximum lot coverage in the R2 zone is 15 percent.

floor area means the sum of the horizontal areas of all storeys in a building, measured to the outer surface of the exterior walls, exclusive of any floor area occupied by a cistern used for the collection of rainwater for domestic use or fire protection, and exclusive of any space where a floor and a ceiling are less than 1.5 metres apart, and includes the floor area of balconies, decks, porches and similar projections fully enclosed by siding, glazing, screening or other materials.

For certainty if a balcony, deck, porch or similar projection is not fully enclosed then the floor of such projections is excluded from any calculation of floor area.

Valdes Island Rural Land Use Bylaw, 1998

parcel means the smallest unit in which land is designated as a separate and distinct parcel on a legally recorded plan or description or strata plan filed in the Land Title Office;

parcel coverage means the total of the horizontal areas of the floors at ground level of all buildings and structures, as measured from the outermost perimeter, expressed as a percentage of the area of the parcel;

structure means any construction fixed to or embedded in land, but also includes movable buildings used for dwelling, storage or permitted accessory use; however, decks or patios not attached to buildings and not exceeding 0.7 metres in average height above the natural grade are not structures;

5.2.5 Recreational Home (RH) Zone

The following uses and no others are permitted in the (RH) Zone:

single residence

guest cottage

open land recreation

home occupation

accessory buildings and structures

Maximum Number and Size of Buildings and Structures

one dwelling unit per parcel

one guest cottage not exceeding 65 square metres (700 ft.2) per parcel

parcel coverage for dwelling, guest cottage, accessory buildings and structures shall not exceed 5%

Minimum Parcel Size

1 hectares (2.47 acres)

Cistern not mentioned.
4.1.5 Height Exceptions

Height restrictions do not apply to …water storage tanks….