To send correspondence to Mayor and members of Council in relation to this Council agenda, please use the following email address: [email protected]
Mission Statement In carrying out its mandate, Bowen Island Municipality will work towards conducting operations in a way that: • Improves the economic, environmental and social well-being for present and future generations; • Encourages and fosters community involvement; • Enhances the small, friendly, caring character of the community; • Maintains an open, accountable and effective operation; and • Preserves and enhances the unique mix of natural ecosystems and green spaces that Bowen Island possesses.
Join Zoom Meeting NOTICE: That a regular meeting of Bowen Island Meeting ID: 847 3557 9605 Municipal Council will be held via Zoom on Passcode: 153699 Monday, December 14, 2020 at 6:15 PM for the transaction of business listed below. Watch Live on YouTube
REVISED AGENDA Regular Council Meeting Monday, December 14, 2020
Join Zoom Meeting Meeting ID: 847 3557 9605 Passcode: 153699
REVISED TO INCLUDE LATE ITEMS
Page Timing OPENING OF COUNCIL MEETING 6:15 PM 1 APPROVAL OF AGENDA
1.1 Introduction of Late Items
Recommendation: That Council approve the agenda and Late Items agenda (if applicable) for the December 14, 2020 Regular Council meeting.
Bowen Island Municipality December 14, 2020 Regular Council Meeting Page 1 of 386 2 PUBLIC COMMENTS (15 min) Public Comment is an opportunity for members of the Public to comment regarding items on the agenda or any other comments or issues they may wish to bring to Council’s attention. If you wish to submit any written material to accompany your comments, please ensure it is provided to the Minute-Taker at the same time as you sign up to address Council. All written documentation will then be provided to each Member of Council and will form part of the formal record.
3 CONSENT AGENDA 6:30 PM (5 min) Note: Council members may adopt in one motion all recommendations appearing on the Consent Agenda, or prior to the vote, request an item be removed from the Consent Agenda for debate or discussion, voting in opposition to a recommendation, or declaring a conflict with an item.
Recommendation: That Council approve the items as outlined in the December 14, 2020 Consent Agenda.
START OF CONSENT AGENDA
ADOPTION OF MINUTES
3.1 Minutes of the Regular Council meeting held November 23, 2020. 7 - 14
Recommendation: That the minutes of the Regular Council meeting held November 23, 2020 be adopted.
3.2 Minutes of the Committee of the Whole meeting held December 7, 15 - 16 2020.
Recommendation: That the minutes of the Committee of the Whole meeting held December 7, 2020 be adopted.
BUSINESS ARISING FROM MINUTES
3.3 Ratification of Recommendation from December 7, 2020 Committee of the Whole meeting
Recommendation: That Council approve an additional expenditure of 54,259.80, inclusive of GST, to be funded from the General Capital Renewal and Replacement Reserve Fund, for Performance, Labour and Material payment bond for the Fire Hall and Emergency Operations Centre project, to be included in a revised design-build proposal from Liberty Contract Management Inc.
Bowen Island Municipality December 14, 2020 Regular Council Meeting Page 2 of 386 BYLAWS
3.4 Traffic and Use of Streets Bylaw No. 531, 2020 (Heavy Truck Definition) - 17 Emma Chow, Island Community Planner
Recommendation: That Bylaw No.531, 2020 cited as "Bowen Island Municipality Traffic and Use of Streets Bylaw No.133, 2005 Amendment Bylaw No.531, 2020" be reconsidered and finally adopted.
STAFF REPORTS
3.5 RZ-04-2019 & OCP-03-2019: 1050 Miller Road - Daniel Martin, Manager 18 - 20 of Planning and Development, dated December 2, 2020
Recommendation: That the Council reject applications RZ-04-2019 and OCP-03-2019; and That Council direct staff to halt work on a comprehensive review of the properties designated Village Residential on Miller Road.
3.6 1570 Douglas Road Covenant (Malkin Creek Holdings Ltd.) - Daniel 21 - 28 Martin, Manager of Planning and Development, dated December 2, 2020
Recommendation: That Council authorize the Mayor and Corporate Officer to enter into the Protective Covenant attached to the staff report dated December 2, 2020 for 1570 Douglas Road legally described as Strata Lot 1, Block A, Plan EPS5863, District Lot 492, Group 1, New Westminster Land District, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form V.
REPORTS OF COMMITTEES, COW, COMMISSIONS
3.7 Committee Non-Renewals
Recommendation: That Council accept the membership non-renewal of David Wrinch from the Advisory Planning Commission and the Eagle Cliff Water System Local Advisory Committee; and That Council direct staff to send a thank you letter acknowledging his service.
Recommendation: That Council accept the membership non-renewal of Peter Williamson from the Heritage Commission; and That Council direct staff to send a thank you letter acknowledging his service.
Bowen Island Municipality December 14, 2020 Regular Council Meeting Page 3 of 386 3.8 Bowen Island Resilient Community Housing - Request for Letter of 29 Support
Recommendation: That Council authorize the letter of support, included in the December 14, 2020 Regular Council meeting agenda, to be sent under the Mayor’s signature in support of Bowen Island Resilient Community Housing Society’s grant funding application.
INFORMATION ITEMS
Recommendation: That Council receive the information as outlined in section 12 of the December 14, 2020 Regular Council meeting agenda.
END OF CONSENT AGENDA
4 DELEGATIONS
4.1 Tourism Bowen Island 2020 Visitor Services Report & Fee for Service 30 - 58 6:35 PM Request - Jody Lorenz, Administrative Manager, Tourism Bowen Island (10 min) Association
5 BUSINESS ARISING FROM MINUTES (Dealt with under the Consent Agenda) 6 BYLAWS
6.1 Proposed Housekeeping Land Use Bylaw Amendments - Daniel Martin, 59 - 271 6:45 PM Manager of Planning and Development, dated December 4, 2020 (10 min)
Recommendation: That Bylaw No. 528 cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No.528, 2020” be read a first time; and That Council refer Bylaw No. 528 to the Islands Trust, the Advisory Planning Commission, and a public open house.
6.2 Council Procedure Bylaw No. 529, 2020 - Hope Dallas, Corporate Officer, 272 - 289 6:55 PM dated December 4, 2020 (5 min)
Recommendation: That Bylaw No.529, 2020 cited as "Bowen Island Municipality Council Procedure Bylaw No.529, 2020" be read a first, second and third time.
Bowen Island Municipality December 14, 2020 Regular Council Meeting Page 4 of 386 7 STAFF REPORTS
7.1 Bowen Island Fire Department Biannual Report - Aaron Hanen, Acting 290 - 299 7:00 PM Fire Chief and Merissa Bakos, Administrative Assistant, dated November (10 min) 19, 2020
Recommendation: That Council receive the Bowen Island Fire Department Biannual Report presented at its December 14, 2020 Regular Council meeting for information.
a. PowerPoint Presentation re: Biannual Update 300 - 318
7.1 SARS-CoV-2 Diagnostic Screening on Bowen Island - Jennifer McGowan, 319 - 321 7:10 PM Emergency Program Coordinator, dated December 6, 2020 (10 min)
Recommendation: That Council receive the SARS-CoV-2 Diagnostic Screening on Bowen Island report, presented at its December 14, 2020 Regular Council meeting, for information.
7.2 Bowen Island Municipality - Bowen Island Arts Council (Hearth) 322 - 329 7:20 PM Community Centre Project Memorandum of Understanding - Gillian (15 min) Drake, Manager of Recreation and Community Services, dated December 3, 2020
Recommendation: That Council authorize staff to execute the Project Memorandum of Understanding between Bowen Island Municipality and the Bowen Island Arts Council for the development, management and use of the Bowen Island Community Centre, as included staff report from the Manager of Recreation and Community Services, dated December 3, 2020.
8 CORRESPONDENCE None. 9 REPORTS OF COMMITTEES, COW, COMMISSIONS (dealt with under the Consent Agenda) 10 NEW BUSINESS
10.1 Metro Vancouver Director, David Hocking re: Update to Council on 7:35 PM Metro Vancouver business (verbal report) (5 min)
10.2 Islands Trust Municipal Trustees Fast and Kaile re: Update to Council on 7:40 PM Islands Trust business (verbal report) (5 min)
10.3 Councillor Nicholson re: Update to Council on Metro Vancouver Regional 7:45 PM Parks Committee meetings (verbal report) (5 min)
10.4 Councillor Alison Morse re: Update to Council on TransLink's Mayor's 7:50 PM Council meetings (verbal update) (5 min)
Bowen Island Municipality December 14, 2020 Regular Council Meeting Page 5 of 386 11 ITEMS REMOVED FROM THE CONSENT AGENDA 7:55 PM (10 min)
12 INFORMATION ITEMS Note to members of the Public: if your correspondence is referenced in this section below and you wish to speak to Council regarding such, you are welcome to appear during our "Public Comment" section near the beginning of this agenda
12.1 John Dumbrille re: Suggestion regarding COVID funds, dated November 330 12, 2020
12.2 Adam Taylor re: COVID Safe Restart Grant, dated November 18, 2020 331 - 332
12.3 David Hill re: Property and water taxes, dated November 20, 2020 333 - 334
12.4 Letters from the public re: application for dock at Ecclestone Beach 335 - 348
12.5 Teale Phelps Bondaroff re: Access to contraception, dated November 27, 349 - 350 2020
12.6 Mark Edmonds re: 1710 Whitesails DVP Application, dated November 29, 351 - 352 2020
12.7 Islands Trust re: Development of Coastal BC Strategy Law and Jurisdiction 353 over tree cutting, dated November 30, 2020
12.8 Islands Trust re: December Council Meeting Agenda, dated November 354 - 355 20, 2020
12.9 Islands Trust re: 2020 Forest Conservation Outreach Campaign, dated 356 - 357 November 25, 2020
12.10 Metro Vancouver's Chair Update, dated November 27, 2020 358 - 371
12.11 MP Patrick Weiler re: CSMARI Program, dated November 25, 2020 372
12.12 MP Peter Julian re: Canada Pharmacare Act, dated November 27, 2020 373 - 376
12.13 TransLink re: Updated mask requirements, dated November 27, 2020 377
12.14 BC Ferries re: Second Quarter Results, dated November 20, 2020 378 - 386
13 QUESTION PERIOD 8:05 PM (10 min) 14 ADJOURNMENT 8:15 PM
Bowen Island Municipality December 14, 2020 Regular Council Meeting Page 6 of 386 Regular Council Meeting November 23, 2020
DRAFT
Watch the November 23, 2020 Regular Council Meeting Video
Minutes of the Regular Meeting of Bowen Island Municipal Council held Monday, November 23, 2020 at 6:15 PM via Zoom.
COUNCIL IN ATTENDANCE Mayor Gary Ander Councillor Sue Ellen Fast Councillor David Hocking Councillor Michael Kaile Councillor Alison Morse Councillor Maureen Nicholson Councillor Rob Wynen
STAFF IN ATTENDANCE Liam Edwards, Chief Administrative Officer Hope Dallas, Corporate Officer Raj Hayre, Chief Financial Officer Daniel Martin, Manager Planning & Development Emma Chow, Island Community Planner
OPENING OF COUNCIL The Mayor called the meeting to order at 6:15 PM. MEETING
APPROVAL OF AGENDA It was Moved and Seconded RES#20-483 That Council approve the agenda and On-Table Items agenda for the November 23, 2020 Regular Council meeting as amended: • Item 4.2 Letter from Gillian Darling, Heather Hodson & Mark Edmonds re: Seriously deteriorating status of Ecclestone Public Beach, Bowen Island • Item 5.1a PowerPoint Presentation re: Traffic Calming Policy • Item 5.2b Letter from Christine Miller re DVP-09-2020 • Item 5.2c PowerPoint Presentation re: DVP-09-2020 • Item 6.1b PowerPoint Presentation re: Procedure Bylaw Amendments • Item 12.12 Letters regarding 1160 Ecclestone. CARRIED UNANIMOUSLY
PUBLIC COMMENTS Trish Jacquet re: 1160 Ms. Jacquet expressed concern regarding public access to Ecclestone Ecclestone Beach Access Beach.
Page 1 of 8 Page 7 of 386 Regular Council Meeting November 23, 2020
DG Blair re: Dock application Ms. Blair expressed concern regarding the dock application proposed at Ecclestone Road and DVP- at 1160 Ecclestone Road and the Development Variance Permit at 09-2020 at 1710 Whitesails 1710 Whitesails Road, specifically citing negative ecological impacts Drive. of both applications.
Anne Franc de Ferriere and Ms. Ferriere spoke on behalf of herself and husband, Andre Chollat, Andre Chollat re: Ecclestone expressing concern regarding the lack of access to Ecclestone beach Beach access resulting from construction of structures within the road allowance.
Bob Turner re: DVP-09-2020 Mr. Turner expressed concern regarding the Development Variance Permit application for 1710 Whitesails drive, specifically concerning the proposed protective covenant being offered to offset other environmental impacts. Mr. Turner also expressed the need to inventory and monitor protective covenants.
CONSENT AGENDA That Council approve the items as outlined in the November 23, 2020 RES#20-484 Consent Agenda.
START OF CONSENT AGENDA
ADOPTION OF MINUTES
Minutes of the Regular That the minutes of the Regular Council meeting held November 9, Council meeting held 2020 be adopted. November 9, 2020. RES#20-485
BYLAWS Bowen Island Municipality Council received a staff report from the Island Community Planner Traffic and Use of Streets regarding a minor amendment to the Traffic and Use of Streets Bylaw Bylaw No. 133, 2005, Heavy to harmonize the definition of “heavy truck” with the regional Trucks Amendment Bylaw definition. No. 531, 2020 - Emma Chow Island Community Planner, dated November 13, 2020
RES#20-486 That Bylaw No.531, 2020 cited as “Bowen Island Municipality Traffic and Use of Streets Bylaw No. 133, 2005, Heavy Trucks Amendment Bylaw No.531, 22020” be read a first, second and third time.
STAFF REPORTS Coast Animal Welfare and Council received a staff report from the Chief Financial Officer and Education Society Multiyear Manager of Environment and Parks Planning regarding a multi-year Core Grant Funding – Raj core funding grant for C.A.W.E.S. to support their work in managing Hayre, Chief Financial Officer the feral cat population on Bowen Island. & Bonny Brokenshire, Manager of Environment and
Page 2 of 8 Page 8 of 386 Regular Council Meeting November 23, 2020
Parks Planning, dated November 16, 2020
RES#20-487 That Council award multiyear core funding of $4,000 from 2020 to 2024 to Coast Animal Welfare and Education Society (C.A.W.E.S.) for feral cat population control on Bowen Island.
Section 57 Notice on Title - Council received a staff report from the Corporate Officer seeking PID 028-883-934 Legal Land approval to defer consideration of placing a Section 57 Notice on Title Description: SL5, Plan of property located at 1774 Billington Road. BCS4476, District Lot 2958 - Hope Dallas, Corporate Officer, dated November 17, 2020
RES#20-488 That Council defer consideration of the Section 57 Notice on Title for property identified as PID 028-883-934 to a future Council meeting, if required.
REPORTS OF COMMITTEES,
COW, COMMISSIONS Minutes of the Public Art Council received the minutes and recommendation of the Public Art Advisory Committee meeting Advisory Committee meeting held November 3rd relating to its 2021 held November 3, 2020 budget request.
RES#20-489 That the recommendation from the Public Art Advisory Committee meeting held November 3, 2020 regarding its 2021 budget request be referred to the Chief Financial Officer for consideration in the 2021 budget planning process.
Minutes of the Community Council received the minutes and recommendation of the Economic Development Community Economic Development Committee meeting held Committee meeting held October 26th relating to its 2021 budget request. October 26, 2020
RES#20-490 That the recommendation from the Community Economic Development Committee meeting held October 26, 2020 regarding its 2021 budget request be referred to the Chief Financial Officer for consideration in the 2021 budget planning process.
INFORMATION ITEMS RES#20-491 That Council receive the information as outlined in section 12 of the November 23, 2020 Regular Council meeting agenda.
NEW BUSINESS
Letter of Congratulations to That a letter of congratulations be sent under the Mayor's signature MLA Jordan Study - Mayor to Jordan Sturdy on his recent re-election as MLA for West Vancouver Ander - Sea to Sky.
Page 3 of 8 Page 9 of 386 Regular Council Meeting November 23, 2020
RES#-20-492
END OF CONSENT AGENDA
DELEGATIONS Tim Klauke, Applicant, re: Mr. Klauke made a presentation to Council regarding the Crown Land Referral CLR-01- neighbourhood concerns relating to his dock application and 2020 (1160 Ecclestone Road) generally public access to Ecclestone beach. View the Council meeting video for more details on Mr. Klauke’s delegation.
Friends of Ecclestone Beach Heather Hodson and Ben LaBelle on behalf of the Friends of Representatives, Heather Ecclestone Beach made a presentation to Council regarding their Hodson and Ben LaBelle re: concerns with the dock application proposed at 1160 Ecclestone Road Concerns regarding Public and issues related to public access to the beach, specifically Beach Access at Ecclestone requesting that Council implement the easement for access. Beach View the Council meeting video for more details on the Friends of Ecclestone Beach’s delegation.
BUSINESS ARISING FROM
MINUTES Traffic Calming Policy - Emma The Island Community Planner presented a staff report and Chow, Island Community PowerPoint Presentation regarding the Traffic Calming Policy for Planner, dated November 13, consideration of adoption. Discussion ensued. 2020
RES#20-493 It was Moved and Seconded That Council adopt the Traffic Calming Policy 20-03 as presented at the November 23, 2020 Regular Council meeting; and That Council direct staff to review the policy’s effectiveness and related costs and report back to Council at the end of 2021. CARRIED (Councillor Morse opposed)
Development Variance The Island Community Planner presented a staff report and Permit Application (DVP-09- PowerPoint Presentation regarding a Development Variance Permit 2020): 1710 Whitesails Dr application to reduce the setback from the sea for construction of a (Byron Tokarchuk) - Emma house. Discussion ensued. Chow, Island Community Planner, dated November 4, 2020
RES#20-494 It was Moved and Seconded That Council issue Development Variance Permit DVP-09-2020 for the variance of reduced sea setback for 1710 Whitesails Dr, Lot 156, legally described as Lot 156, Block B, Plan 19050, DL 492, PID 006- 030-475. Page 4 of 8 Page 10 of 386 Regular Council Meeting November 23, 2020
CARRIED (Councillors Fast and Wynen opposed)
Update on Lease for Bowen The CAO advised Council that the lease between BIM and the Bowen Children's Centre - Liam Children’s Centre is set to expire December 31st. , 2020. The CAO Edwards, Chief noted that staff have been in discussions with BCC and have agreed Administrative Officer to proceed with a short-term lease extension, until BIM has a better understanding of the timeline for the new Community Centre.
BYLAWS Council Procedure Bylaw The Corporate Officer presented a staff report and PowerPoint Amendments - Hope Dallas, Presentation regarding proposed changes to the Council Procedure Corporate Officer, dated Bylaw. November 13, 2020
RES#20-495 It was Moved and Seconded That Council receive the draft Council Procedure Bylaw No.529, 2020 for information; That Council direct staff to provide public notice of the proposed amendments as required under 124(3) of the Community Charter; and That Council direct staff to report back to Council at its December 14th Regular Council meeting with the results of public notice and consideration of 1st, 2nd and 3rd reading. CARRIED UNANIMOUSLY
STAFF REPORTS Dealt with under the Consent Agenda.
CORRESPONDENCE None.
REPORTS OF COMMITTEES,
COW, COMMISSIONS Recommendations from the Council received the minutes of the October 28th and November 10th Finance Advisory Committee Finance Advisory Committee meeting which contained two re: 2021 Budget Process - recommendations relating to the 2021 budget. Discussion ensued. Alison Morse, Council Member, Finance Advisory Council agreed that it should review the recommendations at a Committee and Raj Hayre, Committee of the Whole meeting after receiving a presentation on Chief Financial Officer the budget from the Chief Financial Officer.
RES#20-496 It was Moved and Seconded That Council defer the following Finance Advisory Committee recommendation to a future Committee of the Whole to discuss the budget: Whereas the Finance Advisory Committee reviewed the staff report regarding General Fund Statutory Reserves dated October 28, 2020; and,
Page 5 of 8 Page 11 of 386 Regular Council Meeting November 23, 2020
Whereas Council has approved several major projects impacting Capital Reserves in 2020 through 2022 including the artificial turf field replacement, culvert replacements, construction of a new Firehall and Emergency Operations Centre, construction of a Community Centre, and construction of a section of the Multi-Use Path, resulting in projected depleted capital reserve balances through to 2024; and, Whereas as a result, projected depleted capital reserves will be insufficient to meet expected capital funding requirements in that period if additional funding sources are not identified; and, Whereas, additional capital renewal and replacement requirements are expected to be identified in the current 2021 budget process, the 2021-2025 financial plan process, and finalization of the Asset Management Plan; That a minimum annual 2 percent tax increase dedicated to addressing the infrastructure renewal and replacement needs be extended for the next five years to 2025 (and that Policy #72 be amended); That allocations to reserves for funding of new assets be limited to $200,000 per year and total expenditures from new asset reserves be limited to $275,000 per annum for the next five years to 2025; That Council direct staff to identify benchmark dates for the asset management plan and that budget is set aside to accomplish such; That Council direct staff to bring forward an Asset Management Policy for consideration; and That Council communicate the budget challenges in the context of asset renewal, replacement and acquisition to the public. CARRIED UNANIMOUSLY
RES#20-497 It was Moved and Seconded That Council direct staff to work with the recommendation from the November 10, 2020 Finance Advisory Committee meetings for Council consideration at a Committee of the Whole. CARRIED UNANIMOUSLY
NEW BUSINESS Metro Vancouver Director, Director Hocking provided an update on the following recent David Hocking re: Update to meetings: Council on Metro Vancouver • Nov 13th Climate Action Committee. View the Agenda and business Presentation. • Nov 20th COVID-19 Task Force. View the Agenda and Presentation. • November 21st Council of Councils Sub-Regional Forums on Systemic Racism.
Islands Trust Municipal Trustees Fast and Kaile provided an update on Islands Trust business: Trustees Fast and Kaile re: • 2021 budget – Bowen Island contribution is proposed at a 4.1% decrease over last year.
Page 6 of 8 Page 12 of 386 Regular Council Meeting November 23, 2020
Update to Council on Islands • Eelgrass webinar being held Nov 24th. View the news release. Trust business • Trust Council meetings are scheduled for December 1st – 3rd. View the Agenda package.
Trustee Kaile reported there is an agenda item proposing an Islands Trust governance and management review and that he will report back at the Dec 14th Regular Council meeting.
Councillor Nicholson re: Councillor Nicholson reported on the November 18th Regional Parks Update to Council on Metro Committee meeting. View the Agenda and Presentation. Highlights Vancouver Regional Parks included: Committee meetings • Regional Greenways strategic update. • Presentation on multi-use pathways. • Continuing increase in park attendance.
Metro Vancouver Alternate - Councillor Nicholson reported that to assist in her work with the Councillor Nicholson Metro Vancouver Regional Parks Committee, it would be beneficial if the Metro Vancouver Alternate Director position could be reassigned for the remainder of the Council term.
RES#20-498 It was Moved and Seconded That Council appoint Councillor Nicholson as the Metro Vancouver Alternate Director for 2021 and 2022. CARRIED UNANIMOUSLY
Councillor Alison Morse re: Councillor Morse reported the next meeting of the Mayor’s Council is Update to Council on scheduled for December 3rd. TransLink's Mayor's Council meetings It was noted that a letter from the Chair was sent regarding Permanent TransLink Funding.
Move to a closed meeting - It was Moved and Seconded Hope Dallas, Corporate That Council move to a closed meeting immediately following the Officer regular Council meeting to discuss items pursuant to Section RES#20-499 90(1)(a,c,e) of the Community Charter: (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; (c) labour relations or other employee relations; and (e) the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality. CARRIED UNANIMOUSLY
ITEMS REMOVED FROM THE None. CONSENT AGENDA
Page 7 of 8 Page 13 of 386 Regular Council Meeting November 23, 2020
Information Items contained in Section 12 of the Agenda. INFORMATION ITEMS
QUESTION PERIOD None.
ADJOURNMENT By unanimous consent, the meeting adjourned at 8:57 PM
Certified Correct:
Gary Ander, Mayor Hope Dallas, Corporate Officer
Page 8 of 8 Page 14 of 386 Committee of the Whole December 7, 2020
DRAFT
Watch the December 7, 2020 Committee of the Whole Video
Minutes of the Committee of the Whole meeting of Bowen Island Municipal Council held Monday, December 7, 2020 at 1:00 PM via Zoom.
COUNCIL IN ATTENDANCE Mayor Gary Ander Councillor Sue Ellen Fast Councillor David Hocking Councillor Michael Kaile Councillor Alison Morse Councillor Maureen Nicholson Councillor Rob Wynen
STAFF IN ATTENDANCE Liam Edwards, Chief Administrative Officer Hope Dallas, Corporate Officer
Raj Hayre, Chief Financial Officer Patrick Graham, Director of Engineering
OPENING OF COMMITTEE OF The Mayor called the Committee of the Whole to order at 1:03 PM. THE WHOLE MEETING
APPROVAL OF AGENDA It was Moved and Seconded RES#20-506 That Council approve the agenda and Late Items agenda for the December 7, 2020 Committee of the Whole meeting. CARRIED UNANIMOUSLY
PUBLIC COMMENTS None.
STAFF REPORTS
CAO Opening Remarks The Chief Administrative Officer provided the Committee of the Whole with an overview of the process used for preparing the 2021 operating budget and thanked the management team and the CFO for their work and input into the process.
Page 1 of 2 Page 15 of 386 Committee of the Whole December 7, 2020
Statutory Reserves - Raj The Chief Financial Officer presented a staff report and PowerPoint Hayre, Chief Financial Officer, Presentation regarding the status of statutory reserves. Discussion dated December 1, 2020 ensued.
2021 to 2025 Financial Plan - The Chief Financial Officer presented a staff report and PowerPoint Raj Hayre, Chief Financial Presentation regarding the tax pressures for the 2021 budget. Officer, dated December 1, Discussion ensued. 2020
NEW BUSINESS
Fire Hall and Emergency The Corporate Officer presented a staff report requesting additional Operations Centre Project funding for the Fire Hall and EOC project to address a provision for Update - Hope Dallas, performance, material, and labour bond. Discussion ensued. Corporate Officer & Aaron Hanen, Acting Fire Chief, dated December 4, 2020
RES#20-507 It was Moved and Seconded That the Committee of the Whole recommend that Council approve an additional expenditure of 54,259.80, inclusive of GST, to be funded from the General Capital Renewal and Replacement Reserve Fund, for Performance, Labour and Material payment bond for the Fire Hall and Emergency Operations Centre project, to be included in a revised design-build proposal from Liberty Contract Management Inc.
Move to Closed Council It was Moved and Seconded meeting - Update from Chief That Council move to a Closed Council meeting to discuss items Financial Officer re: Collective pursuant to section 90(1)(a)&(c) of the Community Charter: Bargaining Negotiations (a) personal information about an identifiable individual who holds or RES#20-508 is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; and (c) labour relations or other employee relations.
ADJOURNMENT By unanimous consent, the meeting adjourned at 3:04 PM.
Certified Correct:
Gary Ander, Mayor Hope Dallas, Corporate Officer
Page 2 of 2 Page 16 of 386 BOWEN ISLAND MUNICIPALITY BYLAW NO.531, 2020
A Bylaw to amend Bowen Island Municipality Traffic and Use of Streets Bylaw No. 133, 2005
WHEREAS, “Bowen Island Municipality Traffic and Use of Streets Bylaw No. 133, 2005” regulates traffic and the use of streets in Bowen Island Municipality WHEREAS, Council wishes to amend “Bowen Island Municipality Traffic and Use of Streets Bylaw No. 133, 2005” to harmonize truck and vehicle definitions in accordance with the Regional Goods Movement Strategy THEREFORE be it resolved that the Council for Bowen Island Municipality in open meeting assembled enact as follows: 1. This bylaw may be cited for all purposes as “Bowen Island Municipality Traffic and Use of Streets Bylaw No. 133, 2005, Amendment Bylaw No.531, 2020”. 2. “Bowen Island Municipality Traffic and Use of Streets Bylaw No. 133, 2005” is amended by: (a) Removing and replacing the definition of “heavy truck” in Section 1 Definitions with the following: “heavy truck” means a motor vehicle exceeding 11,800 kg licenced gross vehicle weight (LGVW).
READ A FIRST TIME this 23rd day of November, 2020;
READ A SECOND TIME this 23rd day of November, 2020;
READ A THIRD TIME this 23rd day of November, 2020; AND
RECONSIDERED AND FINALLY ADOPTED this day of , 2020.
Gary Ander Hope Dallas Mayor Corporate Officer
Page 1 of 1 Bowen Island Municipality Traffic and Use of Streets Bylaw No.133, 2005, Amendment Bylaw No.531, 2020 Page 17 of 386
To: Mayor Ander and Council
From: Daniel Martin, Manager of Planning and Development
Date: December 2, 2020 Meeting Date: December 14, 2020
Subject: RZ-04-2019 & OCP-03-2019 1050 Miller Road Lot 4 Block 1 District Lot 490 7806
RECOMMENDATION That the Council reject applications RZ-04-2019 and OCP-03-2019; and That Council direct staff to halt work on a comprehensive review of the properties designated Village Residential on Miller Road.
PURPOSE To present to Council rational to reject applications to amend the Land Use Bylaw (LUB) and Official Community Plan (OCP) along Miller Road.
BACKGROUND The owners of 1050 Miller Road have submitted applications to amend the LUB and OCP to permit the construction of a total of eight rental units (in one duplex and one sixplex). At their November 25, 2019 Meeting, Council recommended that staff prepare a comprehensive review of the effect of rezoning along the entire stretch of Miller Road. Details of the application are laid out in the staff report from that meeting.
At the Council Meeting of May 11, 2020 staff brought a report outlining concerns with the capacity of the Snug Cove Sewer System. In response, Council passed the following motion:
It was Moved and Seconded Council direct staff to delay work on a comprehensive review of the properties designated Village Residential on Miller Road, until such time that the sewer capacity is addressed; and Council postpone consideration of applications RZ-04-2019 and OCP-03-2019 for up to a six-month period. CARRIED UNANIMOUSLY
The six-month period has passed. Initial planned capacity upgrades to the Snug Cove Sewer System are not planned to include capacity for boundary expansion, so staff again recommend that these applications be rejected. Staff have informed the applicant of this recommendation.
Page 1 of 3 RZ-04-2019 & OCP-03-2019 December 14, 2020 Page 18 of 386
DIRECTOR OF ENGINEERING COMMENTS Policy 160 of Bowen’s OCP says: Policy 160 The Municipality will consider applications for townhouses in the Village Residential designation, provided the following criteria are satisfied: • the scale and character of the development can blend in with the surrounding natural environment; • the site can be adequately serviced with Cove Bay water and Snug Cove sewer; and • impacts on adjacent properties pertaining to traffic, privacy, screening, and views can be adequately managed.
Given the lack of availability of capacity in the Snug Cove Sewer System, staff advise that the site cannot be adequately serviced with Snug Cove Sewer. Additionally, given demands from properties within the Snug Cove System boundaries, initial upgrades to the system are not designed with sufficient capacity for boundary expansions. Staff recommend revisiting the comprehensive review of the Miller Road properties after the initial capacity upgrades to the Snug Cove Sewer System.
FINANCIAL IMPLICATIONS This report is not anticipated to have a financial impact.
COMMUNICATION STRATEGY Notice of Council decision will be included in the Council Highlights and in the minutes of the meeting.
CONCLUSION Based on lack of adequate Snug Cove Sewer System capacity, staff recommend Council reject these applications.
ALTERNATIVES 1. That Council reject RZ-04-2019 & OCP-03-2019; 2. Other alternative as identified by Council.
Attachments and References: Attachment 1 – Staff Report, November 25, 2019 Council Meeting Attachment 2 - Staff Report, May 11, 2020 Council Meeting
Submitted by: Daniel Martin, Manager of Planning and Development
REVIEWED BY:
CAO/CO ☒ Bylaw Services ☐ Communications ☐ Finance ☐ Fire & Emergency ☐ Environment & Parks ☒ ☒ Planning Page 19 of 386 Public Library ☐ Public Works ☐ Recreation & Community Services ☐
Page 20 of 386
To: Mayor Ander and Council
From: Daniel Martin, Manager of Planning & Development, Planning
Date: December 2, 2020 Meeting Date: December 14, 2020
Subject: 1570 Douglas Road Covenant Malkin Creek Holdings Ltd. Strata Lot 1, Block A, Plan EPS5863, District Lot 492, Group 1, New Westminster Land District, TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V
RECOMMENDATION That Council authorize the Mayor and Corporate Officer to enter into the Protective Covenant attached to the staff report dated December 2, 2020 for 1570 Douglas Road legally described as Strata Lot 1, Block A, Plan EPS5863, District Lot 492, Group 1, New Westminster Land District, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form V.
PURPOSE To authorize the signing of a covenant document to create a protective covenant area at 1570 Douglas Road.
BACKGROUND Phase 2 of the Evergreen development was approved in April 2019 to create a seven-lot bare land strata found in Strata Plan EPS5863. Subsequently the developer, who still retains ownership of a number of the strata lots, has expressed a desire to protect trees along on Strata Lot 1 where it borders the municipal trail and Evergreen Lane (the strata road into the previous phase of the Evergreen Development). To achieve this, the developer has proposed the Municipality entering into a protective covenant over a portion of Strata Lot 1 to protect those lands in a natural state.
Page 21 of 386 1570 Douglas Road Context
PROTECTIVE COVENANT Similar to other protective covenants, the proposed covenant lays out that the owner of Strata Lot 1 will not do any of the following within the Covenant Area: a) Construct build, install or place any improvement, building, structure, driveway, or other works; b) Disturb or remove any tree, stump, vegetation, soil, rock, boulder, or ground over without first providing to the Municipality a report outlining that the trees are unsafe or a hazard; c) Dump or place any refuse, waste, or material
Proposed Covenant Area
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OFFICIAL COMMUNITY PLAN Bowen Island’s Official Community supports entering into conservation covenants such as the one proposed. For example, Policy 3 reads: The Municipality will use its authority through the Local Government Act and the Community Charter to protect Bowen Island’s natural landscapes and ecosystems. This may be accomplished in a number of ways including: • development permitting; • negotiations at the time of rezoning; • public land acquisition at the time of subdivision; • conservation covenants with willing landowners; and • permissive tax exemptions.
FINANCIAL IMPLICATIONS There are no anticipated financial implications. The applicant will cover the costs associated with filing the covenant. Consistent with other protective covenants, the Municipality will not actively monitor the covenant. The Municipality will, however, ensure compliance with the covenant in any permit applications (Building, Driveway access, etc.) and will investigate and enforce any complaints received regarding non- compliance with the terms of the covenant. Given the high visibility of the covenant location, staff anticipate that any non-compliance would be report to the municipality.
COMMUNICATION STRATEGY Should Council authorize registration of the covenant, notice will be included in the Council Highlights and in Council minutes of the meeting.
ECOLOGICAL/ENVIRONMENTAL/CLIMATE IMPLICATIONS Additional protection of the land in its natural state is a stated goal of the Municipality, and this application achieves this goal on a portion of 1570 Douglas Road.
CONCLUSION The owner of the property would like to register a protective covenant on their property, to preserve the land in its natural state in perpetuity. Staff support the proposed covenant.
ALTERNATIVES 1. That Council authorize entering into the covenant; 2. That Council request additional information from staff; 3. Other option as identified by Council.
Attachments and References: Attachment 1 – Proposed Covenant
Submitted by: Daniel Martin, Manager of Planning and Development
Page 23 of 386 TERMS OF INSTRUMENT—PART 2 SECTION 219 COVENANT – TREE PRESERVATION
THIS AGREEMENT dated for reference the 18th day of November, 2020
BETWEEN:
MALKIN CREEK HOLDINGS LTD., (Inc. No. 723177), a British Columbia incorporated company having an address at 1280 Hiker’s Trail Road, PO Box N32, Bowen Island, BC V0N 1G0 (the “Owner”)
AND:
BOWEN ISLAND MUNICIPALITY a corporation pursuant to the Municipal Act, RSBC 1996, C323 and having an office at Box 279 Bowen Island, BC V0N 1G0 (the “Municipality”)
WHEREAS:
A. The Owner is the registered owner of the lands and premises located in Bowen Island, British Columbia legally described as Parcel Identifier: 030-966-540 Strata Lot 1 Block A District Lot 492 Group 1 NWD Strata Plan EPS5863 (the “Lands”).
B. Section 219 of the Land Title Act provides that a covenant may be granted in favour of a municipality and registered as a charge against the title of land and that the covenant may be of a negative or positive nature that the land is not to be built on, used, or subdivided except in accordance with the covenant and that land or a specified amenity in relation to the land be protected, preserved, conserved, maintained, enhanced, restored, or kept in its natural or existing state in accordance with the covenant and to the extent provided in the covenant.
C. The Owner and the Municipality acknowledge that it is in the public interest that development and use of the Lands be limited and that certain development requirements, which the Owner has freely agreed to grant, be secured by agreement, and the Owner has agreed to enter into this Agreement in favour of the Municipality and to have this Agreement registered against the title to the Lands as a covenant and indemnity under s. 219 of the Land Title Act.
NOW THEREFORE, in consideration of payment of $1.00 by the Municipality to the Owner (the receipt of which is acknowledged by the Owner), the covenants contained in this Agreement and for other valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties covenant and agree with each other as follows:
1. Definitions:
“Covenant Area” shall mean that portion of the Lands shown outlined in heavy black outline on Reference Plan EPP104861 prepared by John M Franko BCLS and certified correct on October 13, 2020, a reduced copy of which is attached to this Agreement as Schedule “A”.
Page 24 of 386 2. The Owner will not:
(a) construct, build, erect, install, or place any improvement, building, structure, driveway, or other works on the Covenant Area, place any fill or excavate any area within, under, on, or above the Covenant Area, except in accordance with this Agreement, or as otherwise approved in writing by the Municipality; or
(b) disturb or remove from the Covenant Area any tree, stump, shrub, vegetation, soil, rock, boulder, or ground cover naturally existing or installed, except without first obtaining and providing to the Municipality certification by a landscape architect, forester, professional engineer or other tree specialist specifying that those trees are unsafe or an immediate hazard to the safety of any individual who may be present on the Lands, or in the vicinity of the Lands, or from complying with the order of any Municipality representative in the event of a wildfire on or in the vicinity of the Lands;
(c) dump or place in the Covenant Area any refuse, waste, or material of any kind.
3. The Owner will protect, preserve, conserve, and maintain the Trees in the Covenant Area and will keep the Trees in their natural state in accordance with reasonable arborist’s practice.
4. The Owner shall indemnify and save harmless the Municipality and its elected and appointed officials, officers, employees, agents, and others of the Municipality for which it is responsible at law (collectively, the “Municipal Representatives”) from and against any and all liabilities, damages, costs, claims, suits or actions whatsoever, including all costs of defending or denying the same, and all solicitors’ fees and disbursements in connection therewith, which at any time may be paid or incurred by or claimed against the Municipal Representatives, and arising directly or indirectly out of or in connection with:
(a) any breach of any obligation set forth in this Agreement to be observed or performed by the Owner;
(b) any act, omission, or negligence of the Owner, its members, officers, directors, employees, agents, contractors, subcontractors, tenants, subtenants, licensees, invitees or other for whom it is responsible at law;
(c) any damage to property occasioned by the Owner’s use and occupation of the Lands or any injury to person or persons, including death, resulting at any time from the Owner’s use and occupation of the Lands; or
(d) the granting of this Agreement.
In addition, the Owner shall indemnify and save harmless the Municipality from the full costs of restoring the Covenant Area to its proper functioning condition as determined by the Municipality.
5. No party hereto, nor any party deriving any title through or from such party, shall be liable for any breach of any provision hereof if such breach occurs after such party has ceased to be an owner or occupier of the Lands.
6. This Agreement does not:
Page 25 of 386 (a) affect or limit the discretion, rights, or powers of the Municipality under any enactment or at common law, including in relation to the use or subdivision of the Lands and including in relation to the issuance of a development permit for the Lands;
(b) affect or limit any enactment relating to the use or subdivision of the Lands; or
(c) relieve the Owner from complying with any enactment, including in relation to the use or subdivision of the Lands, and without limitation shall not confer directly or indirectly any exemption or right of set-off from development cost charges, connection charges application fees, user fees or other rates, levies and charges payable under any bylaw of the Municipality.
7. The covenants set forth herein shall charge the Lands pursuant to Section 219 of the Land Title Act and shall run with the Lands and bind the Lands and every part of parts thereof, and shall attach to and run with the Lands and each and every part to which the Lands may be divided or subdivided, whether by subdivision plan, strata plan, or otherwise howsoever. The covenants set forth herein shall not terminate if and when a purchaser becomes the owner in fee simple of the Lands or any part of them, but shall charge the whole of the interest of such purchaser and shall continue to run with the Lands and bind the Lands and all future owners of the Lands or any part of them.
8. This Agreement enures to the benefit of and is binding upon the parties and their respective successors and permitted assigns.
9. The parties shall execute any further documents and perform any further acts as may be reasonably required to carry out the intent of this Agreement.
10. No amendment or waiver of any provision of this Agreement will be valid unless made in writing and executed by the Owner and the Municipality.
11. If any portion of this Agreement is deemed invalid by a court of competent jurisdiction, the invalid portion is to be severed and the remainder of this Agreement is to remain unaffected.
This Agreement is governed by the laws of British Columbia and the laws of Canada applicable therein.
IN WITNESS WHEREOF the parties acknowledge that this Agreement has been duly executed and delivered by the parties executing Part 1 of Form C attached to and forming part of this Agreement.
Page 26 of 386
CONSENT AND PRIORITY AGREEMENT
In this consent and priority Agreement:
“Existing Charges” mean the Mortgage registered under number CA5126076 and the Assignment of Rents registered under number CA5126077;
“Existing Chargeholder” means FIRST CREDIT UNION (Incorporation No. FI 43);
“New Charges” means the Section 219 Covenants contained in the attached Terms of Instrument – Part 2; and
words capitalized in this Agreement, not otherwise defined herein, have the meaning ascribed to them in the attached Terms of Instrument – Part 2.
For $10.00 and other good and valuable consideration, the receipt and sufficiency of which the Existing Chargeholder acknowledges, the Existing Chargeholder:
1. consents to the Owner granting the New Charges to the Grantee; and
2. agrees with the Grantee that the New Charges charge the Lands in priority to the Existing Charges in the same manner and to the same effect as if the Owner had granted the New Charges, and it had been registered against title to the Lands, prior to the grant or registration of the Existing Charges or the advance of any money under the Existing Charges.
To witness this consent and priority Agreement, the Existing Chargeholder has caused its duly authorized signatories to sign the attached General Instrument - Part 1
Page 27 of 386
Schedule A— Covenant Area
END OF DOCUMENT
Page 28 of 386
December 4, 2020
To whom it may concern,
Re: Council support for Bowen Island Resilient Community Housing Project
Please be advised that at its Regular Council meeting held December 14, 2020, Bowen Island Municipal Council unanimously re-affirmed the Municipality’s support for the Bowen Island Resilient Community Housing Society’s affordable housing project.
In July 2019, Bowen Island Municipality entered into an Agreement to Lease with the Bowen Island Resilient Community Housing Society for the purpose of providing a commitment to enter into a long term, nominal rate lease for approximately 0.15 ha portion of community owned lands to be used for the development of a 24-unit affordable housing project.
In the meantime, BIRCH has applied for and successfully received pre-development funding for schematic design from BC Housing, CMHC, and Vancity, while BIM is completing the subdivision of the lot for the purposes of affordable housing.
BIM supports the efforts of BIRCH to provide, much needed, affordable and diverse housing options for Bowen Island. If you require any additional clarifications with respect to the above, please feel free to contact me at your convenience.
Sincerely,
Gary Ander Mayor
Page 29 of 386
20 Vis tor Se vcs Rport
Tourism Bwen Ilad Asocitn Submited: Novbr 25, 0 Jody Lrenz, Ami strao
Page 30 of 386
432 Cardena Drive. Bowen Island BC V0N 1G1 • Tel: 604-200-2399 • www.tourismbowenisland.com
2020 Visitor Information Services Report COVID-19 Impacts • Results • Statistics • Economic Development • Funding
Summary:
As we all know, COVID-19 has impacted and continues to impact all aspects of our daily lives. The travel and tourism industry is one of the hardest hit sectors and this sends a negative ripple effect throughout the whole economy – and our community. The pandemic has changed where and how people travel as well as discretionary spending. Many Bowen Island businesses have experienced significant revenue losses and face a challenging future.
As a consequence of the pandemic, the operation of the Bowen Island Visitor Information Centre was different this year. When BC went into lockdown on March 18, there was an increased demand for Tourism Bowen Island (TBI) to provide digital destination management services and this trend is continuing into the foreseeable future as people navigate new COVID-19 restrictions and an ever- changing “new normal.”
TBI has abided by and supported all public health orders, has worked with Bowen Island Municipal staff, and has aligned with BIM’s efforts and messaging during the pandemic. Moreover, we have been conscious and responsive to community sentiments towards visitors, endeavoring, within our capacities, to manage visitors responsibly and in accordance with provincial COVID-19 health and safety protocols.
https://www.tourismbowenisland.com Page 31 of 386Page 1 Visitor Centre staff play an important role as frontline workers in educating and encouraging visitors to follow COVID-19 health and safety protocols. From day one, all staff wore masks and recommended visitors do the same, if physical distancing was not possible. We provided free masks to visitors who did not have one and we also had multiple hand-sanitation stations that were well utilized.
Due to COVID-19, the brick & mortar Visitor Information Centre and Visitor Kiosk were staffed from late June through to October, a later start than in past years. However, TBI managed visitors digitally prior to opening and is continuing to manage visitors through our website, social media channels and responding to emails and phone calls. Given that people cannot fly off to exotic vacations this winter, we anticipate the demand to continue.
2020 marks the fifth year that TBI has operated the VIC. Each year we have improved our visitor services and destination management practices. When we “capture” visitors we inform and educate, sharing valuable information and tips that support responsible visits and value-added experiences. Visitor services is composed of proactive strategies and practices that touch virtually every aspect of our community, from beaches, trails and parks, to cars, buses and ferries, to shops, restaurants and services. Visitor services helps to mitigate problems, protect environmental habits, and preserve our community. Visitor services also plays an important role in facilitating community economic development, connecting visitors with our local businesses and services. This year COVID-19 added new and serious challenges that our staff adapted to with professionalism and commitment.
The parameters of TBI’s Fee-for-Service agreement have not changed in the past five years. Past agreements only specify brick & mortar services and only for the perceived peak season, May long weekend to Labour Day. The agreement does not recognize https://www.tourismbowenisland.com Page 32 of 386Page 2 the changes in visitations: that more people are coming to Bowen during the shoulder and off-season months; and the increased demand for digital visitor services throughout the year. TBI provides digital visitor services 365 days per year, via our website, social channels, emails and telephone. COVID-19 has increased the demand for digital destination management.
TBI respectfully requests that the new Fee-for-Service agreement reflects the changing landscape of Bowen Island’s visitor economy and the increasing demands for both in-person and digital visitor services. That the agreement recognizes visitor services as an integral component of a destination management strategy. And that the agreement provides compensation for the services rendered.
Tourism Bowen Island very much looks forward to working collaboratively with Bowen Island Municipal staff and Council, helping to preserve and protect our beautiful island home and supporting our community’s values and lifestyle.
The following provides more information about our 2020 Visitor Services.
• • • •
COVID-19 Impacts:
March 18 lockdown – June 23 reopening:
When the lockdown was initiated, TBI updated their website and social channels requesting people to postpone visiting Bowen Island. Both platforms were continually updated during the two-month time period reinforcing the provincial requirements and local messaging. We also received email and telephone inquiries during this period from people wanting to visit and seeking guidance. We constantly monitored the evolving COVID- 19 landscape and sent out multiple newsletters to our members, sharing information and support programs. TBI worked in collaboration with BIM during this period.
https://www.tourismbowenisland.com Page 33 of 386Page 3
June 24 Phase 3 – ongoing current
With new COVID-19 safety protocols, practices and PPE in place, TBI opened the Visitor Information Centre to the public on June 26. All staff wore face masks when dealing with the public, thereby modeling and reinforcing the behavior. We incorporated COVID-19 health and safety requests into our standard verbal introductory talks, and we reinforced COVID practices with Bowen-branded signage. We gave away free face masks and provided multiple hand-sanitizing stations that were very well utilized.
We found that the visitors that we assisted were very receptive and understanding to our COVID-19 requests and that most people were already traveling with their own mask. There was a visible increase in mask wearing over the summer months as masks began more normalized.
Even though the Visitor Centre is no longer staffed as of October 2, TBI continues to amplify and support COVID-19 safety protocols and public health orders, such as the November 7 and 19 announcements. We publicize and reinforce COVID-19 requirements by updating our website, posting multiple social media messages and answering email and telephone inquiries from people wanting to visit. We also provide ongoing guidance to our members and local businesses. Given that we’ll be living with COVID-19 for the foreseeable future, we anticipate increasing demands for digital destination management services.
Visitor Information Centre and Mobile Kiosk:
The Visitor Information Centre (VIC) was open daily to the public, 9 AM – 5 PM, from Friday June 26 through to Friday October 2. This is a total of 99 days and 755 hours.
https://www.tourismbowenisland.com Page 34 of 386Page 4 Our staff for the season consisted of one full-time and two part-time employees. A part- time manager trained staff, managed operations and, when necessary, assisted with visitor services.
Visitor Services Counsellors provide valuable frontline services that facilitate responsible visitations and community economic development. All Counsellors are trained in accordance with industry best practices through Destination BC’s educational programs and are given extensive Bowen-specific training. The goal is for each employee to become a “Bowen Island knowledge experts.” We’re very conscious of managing visitors in a sustainable manner that is responsive to community practices and values, only directing visitors to public amenities and to locations, services and resources that can adequately accommodate visitors. We’re consistent and accurate with the information that we disseminate, and we take pride in not only providing information, but in being welcoming ambassadors – fostering compelling visitor experiences.
The mobile VIC kiosk operated primarily on weekends when two staff members were available. The kiosk is strategically positioned on the south side of Bowen Island Trunk Road, near the cenotaph, because this location enables staff to capture more visitors as they disembark the ferry. In the afternoon, the kiosk is also busy because people are milling about before boarding the ferry. Common afternoon requests include “Where do I purchase a return ticket?” Where’s the washroom?” Where’s the beach?” “Where can I get a coffee” or, “where can I get an ice cream?” Kiosk staff also, when needed, assist drivers with ferry marshalling issues and help to mitigate problems.
VIC Statistics:
Due to COVID-19 travel restrictions, we recorded few out- of-province visitors and very few international travelers. Almost all visitors were Metro Vancouver residents or were residing in Vancouver before COVID-19 hit. Approximately 90% of the visitors we assisted were day-trippers. During the summer months when the days are long, it is not uncommon for people to visit for a few hours only, arriving late afternoon off of the 4 and 5 PM ferries.
https://www.tourismbowenisland.com Page 35 of 386Page 5 VIC staff received more accommodation inquiries than in previous years. There was an increased demand for vacation rentals but an apparent decrease in availability, a consequence of COVID-19: 1) More Metro Vancouver residents are exploring closer to home and looking for a multi- night getaway; 2) Fewer visitor accommodations are available. TBI is aware that a number of accommodation providers have closed permanently as a result of COVID-19 while others have chosen not to operate this year, due to increased risks and safety protocols; and 3) Of those vacation rentals that are operating, most are operating at a reduced capacity due to enhanced COVID-19 cleaning and safety protocols.
Our VIC statistics show a decrease in visitors in comparison to the same time period in 2019. This data confirms our general observations, as well as observations from many local businesses.
The chart below shows a statistical comparison from 2016 to 2020. Please keep in mind three important details: 1) Due to COVID-19, the VIC opened later than in previous years, so comparisons of overall statistics are not applicable; 2) The percentage comparisons between 2020 and 2019 have been calculated based on the same days, same time period, so these comparisons are applicable; 3) The statistics in the chart only reflect the visitors that staff assist, not all visitors to Bowen Island during this period. Staff only capture a percentage of all visitors.
https://www.tourismbowenisland.com Page 36 of 386Page 6 BC Ferries statistics:
BC Ferries total passenger statistics for 2020 show an overall decline in monthly usage, with significant drops during the lockdown months March – June when people were requested to only travel for essential needs.
Unfortunately, at this time, we don’t have the statistical breakouts for Experience Card passengers versus full-fare passengers, so we cannot estimate residents versus visitors.
Of course, we know that many Bowen Island residents shifted to working and schooling from home during the early months of COVID-19. The decline in total passengers reflects this change in commuter traffic, but without the Experience Card data we cannot do further analysis or estimates.
Value of Tourism:
Tourism has been an economic and social driver on Bowen Island for 120 years, starting when Captain Cates turned Joseph Manion’s house into the first hotel, Hotel Monaco. 2020 marks the Union Steamship Company’s 100th anniversary on Bowen Island, but unfortunately COVID-19 derailed celebratory plans. The pandemic has significantly impacted all of our lives and many of our friends and neighbours who operate small businesses on Bowen are facing significant challenges.
Before COVID-19, tourism played a significant and increasing role in both the national and provincial economies. In 2019, it is estimated that tourism generated $104.9 billion expenditures in Canada, supported approximately 1 in 10 jobs across the country and contributed $43.5 billion in Gross Domestic Product.
BC statistics show that in 2018 there were 19,329 tourism-related businesses employing 161,500 people and generating $6 billion in wages and salaries. Total tourism revenue was $20.5 billion, https://www.tourismbowenisland.com Page 37 of 386Page 7 resulting in $1.7 billion in consumer tax revenue. The tourism industry contributed $8.3 billion of value added to the BC’s Gross Domestic Product, more than any other primary resource industry.
Closer to home, Tourism Squamish estimates that in 2018, 600,000 people visited Squamish and that their direct spending totaled $95.2 million ( $158.33 per person). This generated $35.5 million in wages and about 557 full-time jobs.
Unfortunately, our data is somewhat limited regarding Bowen Island’s tourism economy, but based on some known statistics, we can make a few rough estimates as follows:
• Based on BC Ferries Experience-card data, TBI estimates that 202,000 people visited Bowen Island between April 1, 2018 – March 31, 2019. Visitors are composed of day-trippers, multi-night visitors, and friends/family of residents.
• Currently the average visitor vacationing in BC spends $152 per day, composed of the following: $35 on meals, $22 local travel, and $88 on accommodation (half of $175, average rate).
• British Columbians vacationing in the Vancouver, Coast & Mountains region stay an average of 2.4 nights. Other Canadians stay 5.1 nights, US travelers stay 3.2 nights and international visitors 14 nights.
• Based on Visitor Centre statistics, 10% of visitors to Bowen are multi-night visitors. • 10% of 202,000 = 20,200 overnight or multi-night visitors. • 20,200 x 2.4 nights x $152 = $7,368,960 in direct visitor spending.
• The remaining 181,800 visitors are day-trippers and it’s harder to estimate spending. • $10 per person daily spend = $1,818,000 direct visitor spending. • $20 per person daily spend = $3,636,000 direct visitor spending. • $35 per person (based on daily meals) = $6,363,000 direct visitor spending.
Therefore, our rough estimates for direct visitor spending range from $9,186,960 – $13,731,960. We feel these are conservative estimates and hope that better data will be collected in the future, data that can also estimate a total value for tourism’s Gross Domestic Product.
https://www.tourismbowenisland.com Page 38 of 386Page 8 The value of tourism goes beyond economics and jobs, of course. Sustainable tourism positively contributes to a community/region in many ways. For example, tourism can foster environmental stewardship, helping to conserve natural habitats, establishing parks and protecting endangered species. Tourism supports the arts and enriches local cultures, even helping to revitalize some traditional practices and languages. There are approximately 400 Indigenous tourism businesses across BC that are preserving and elevating Indigenous peoples, culture and history. According to Destination BC, visitors to Vancouver, Coast & Mountains enjoy a number of activities, including visiting beaches, hiking, camping and visiting parks. Cultural activities include visiting historic sites, museums, art galleries and attending festivals and performances. In other words, visitors enjoy the same activities that residents value.
Community Economic Development:
Tourism Bowen Island Association (TBI) was established in May 2015, is a member- based, non-profit organization, managed by a volunteer board of directors. TBI operates both as a destination management and a destination-marketing organization.
In response to COVID-19, our activities this past year have been primarily focused on 1) providing proactive destination management and enhanced visitor services to ensure safety within the community, and 2) supporting our members by providing relevant information and opportunities to assist with recovery.
We are in the process of collecting data through a survey about COVID-19 impacts. Early responses show a range of economic consequences. Some businesses have been able to adapt more easily to COVID-19 challenges and maintain revenue income, while others have been hit harder and don’t have the capacity to pivot their business or expand their market. Some businesses have experienced as much as a 95% decline in revenue, while a few have actually recorded increased income. Almost all respondents report accessing at least one federal or provincial financial support and describe the supports as “very important,” “huge,” “made it possible to stay in business when there was very little (almost no) money coming in.” A number of short-term vacation rentals have closed as a result of COVID-19 or postponed operations. This coming COVID winter will be very challenging for most Bowen businesses, particularly if public health restrictions continue.
Like our members, TBI has also been financially impacted by COVID-19. However, we’ll endeavor to assist our members and to continue our community economic development efforts. We’ll look for opportunities to leverage our work, collaborate and align with others. https://www.tourismbowenisland.com Page 39 of 386Page 9 Funding:
TBI has operated the Visitor Information Centre on behalf of the Bowen Island Municipality for the past five years. The Fee-for-Service agreement stipulates brick & mortar services only and for the period Victoria Day weekend through to Labour Day.
Each year TBI has leveraged the Fee-for- Service agreement by applying for and receiving a Canada Summer Jobs (CSJ) grant. The CSJ grant has enabled TBI to extend days and hours of operation and to hire more staff, resulting in improved visitor services over a longer period. The chart above, Visitor Information Centre year-over-year comparison 2016 – 2020, shows the positive outcomes. The decreases in 2020 are due to COVID-19, of course.
As stated earlier, the current Fee-for-Service agreement does not recognize the changing demands for visitor services: that more people are visiting Bowen Island during the shoulder and off-season months and that people rely on and need digital visitor services throughout the year. TBI has provided and continues to provide digital visitor services 365 days per year via their website, social media channels, email and telephone. COVID-19 has increased the demand for digital destination management services this past year and will continue to do so into the foreseeable future.
TBI respectfully requests and hopes to negotiate with BIM, a Fee-for-Service agreement that better reflects the current and future demands for visitor services. Additionally, the Fee-for-Service agreement needs to provide reasonable compensation for the services rendered and include an annual rate-of-increase, particularly to cover increases in wages and operations.
• • • • • • • • • • • • • • • • Thank you for reading and your consideration • Tourism Bowen Island Association. https://www.tourismbowenisland.com Page 40 of 386Page 10 432 Cardena Drive, Bowen Island, BC V0N 1G1 P 604-200-2399 • E [email protected] W https://www.tourismbowenisland.com
November 25, 2020
Hope Dallas Corporate Officer Bowen Island Municipality Via email: [email protected]
Dear Hope,
Tourism Bowen Island’s Licence of Occupation and Fee-for Service agreement
So….it’s been a few months since we last exchanged emails about Tourism Bowen Island’s LOO and Fee-for-Service agreement. I’m sorry for not being able to get back to you sooner. As you know, this year has been extra challenging due to COVID-19… and with the recent new public health restrictions, the challenges continue.
Returning to our conversation last July, you suggested that I outline Tourism Bowen Island’s Fee-for-Service request. I’ve struggled somewhat to come up with this request because there is a significant gap between what TBI sees as the need, role and benefits of visitor services in comparison to BIM’s previous service agreements.
As per our Multi-year Core Funding Application submitted in July 2019, TBI sees the need to increase visitor services beyond the agreement’s current May long weekend to Labour Day timeframe. People visit Bowen Island throughout the year, so there is a continual demand for visitor services. TBI has been helping to fulfill this demand by providing digital visitor services and destination management 365 days per year, though this has not been recognized or included in previous Fee-for-Service agreements.
In my reports and presentations to Council, I have endeavoured to communicate the changing demands for visitor services by providing local, regional and provincial tourism data that shows the influences driving tourism to Bowen Island. Furthermore, I’ve suggested that improved destination management and planning will benefit the community in many ways, including helping to mitigate negative impacts, advancing environmental and community stewardship, fostering sustainable tourism and facilitating community economic development. Visitor services is an integral frontline destination management practice.
In point form, the main issues that I propose for consideration and request to be addressed in a new LOO and Fee-for-Service agreement are as follows:
https://www.tourismbowenisland.com 1 Page 41 of 386 • That the five-year agreement includes an annual rate-of-increase, particularly related to wages but also general operational expenses. • That the five-year agreement extends beyond the Victoria Day to Labour Day timeframe. People visit Bowen Island throughout the year, particularly on weekends and holidays during the autumn and spring months. • That the five-year agreement includes digital visitor services. TBI is in the position of visitor services 365 days per year via our website, social media, email and telephone. This has not been acknowledged or accounted for in any previous Fee-for-Service agreements. • That the five-year agreement recognizes that COVID-19 has caused additional visitor services demands and that these demands and costs will continue into the foreseeable future. • That visitor services is recognized as integral to responsible destination management, sustainable tourism and community economic development.
The following outlines background information regarding our Fee-for-Service agreements and the rational for our funding request.
Background Information:
• TBI has operated the Visitor Information Centre (VIC) on behalf of the Bowen Municipality since May 2016. Prior to this, the Bowen Island Arts Council operated the Visitor Information Centre for four years.
• The 2016 Fee-for-Service and LOO agreement was $15,000. The agreement stipulated the operation of the VIC from the May long weekend to Labour Day, 7 days per week, 9:00 AM – 4:00 PM. This equates to 108 days and 756 hours.
• 2017 and 2018 the Fee-for Service was for the same terms and rate, $15,000.
• The minimum wage in BC has risen steadily each year since 2016 and will continue to rise: • June 2016 – $10.45 • June 2017 – $10.85 – 3.8 % increase over 2016 • June 2018 – $12.65 – 16.6 % increase over 2017 • June 2019 – $13.85 – 9.5% increase over 2018 • June 2020 – $14.60 – 5.4% increase over 2019 • June 2021 – $15.20 – 4% increase over 2020 • By June 2021, the minimum wage difference between 2016 and 2021 is a 45.5% increase.
• In April 2019, Tourism Bowen Island applied for a $5,000 BIM Grant in Aid to help cover the staffing costs associated with operating the Visitor Information Centre and satellite kiosk. TBI was awarded $5,000, so the 2019 Fee-for-Service agreement was $20,000.
https://www.tourismbowenisland.com 2 Page 42 of 386 • In July 2019 TBI submitted a Multi-year Core Funding application. The objective was to obtain a more stable funding agreement, such as the Bowen Island Arts Council and the Bowen Island Museum and Archives, and to fund visitor services beyond the current brick & mortar services from Victoria Day to Labour Day. TBI requested $38,000 year one, April 1, 2020 – March 31, 2021 and $44,000 year two, April 1, 2021 – March 31, 2022.
• The Finance Committee discussed TBI’s Core Funding application on September 16, 2019.
It was Moved and Seconded That the Finance Advisory Committee recommend that Council award a multi-year core funding to Tourism Bowen Island (TBI) for $20,000 per year for two years, and; The Committee recommend that Tourism Bowen Island work closely with the Community Economic Development Officer in its development of a Community Economic Development Plan. CARRIED UNANIMOUSLY
• Despite the Finance Committee’s recommendation, it is my understanding that the recommendation was missed in the 2020 budget. This came to light after a few email exchanges with Raj and Hope in May 2020.
• TBI received $15,000 in July 2020. It was at this time , Hope, that you suggested that TBI put forward an outline for a five-year Fee-for-Service agreement. Unfortunately, due to the extra demands caused by COVID-19 this summer, I am only now able to fully outline TBI’s rational and proposed budget for a five-year agreement. Also due to the timing, I thought it would be best to submit this request with TBI’s 2020 Visitor Services Report.
• The chart below shows that the Fee-for-Service agreements over the years have not been adjusted to cover wage increases or any increases in general operational expenses. Furthermore, the Finance Committee’s recommendation of a $20,000 Fee-for-Service agreement for the years 2020 and 2021 does not cover wage increases, as measured by the BC Government’s minimum wage, or include any funds to cover increases in general operational expenses.
2016 2017 2018 2019 2020 2021 Fee-for Service $15,000 $15,000 $15,000 $20,000 $20,000 $20,000 proposed proposed BC min wage June $10.45 $10.85 $12.65 $13.85 $14.60 $15.20 % wage increase 3.8% 16.6% 9.5% 5.4% 4% over prior year % wage increase 3.8% 21% 32.5% 39.7% 45.5% over 2016 $ wage increase over $570 $3,150 $4,875 $5,955 $6,825 2016 $ difference -$570 -$3,150 $125 -$955 -$1,825 between agreements and minimum wage increases https://www.tourismbowenisland.com 3 Page 43 of 386
• The above chart clearly shows that any Multi-year Fee-for-Service agreement needs to include an annual rate-of-increase, otherwise the result is a deficit. A deficit would necessitate a reduction in services.
• Visitor services has evolved over the past five years since these Fee-for-Service agreements were first drafted back in 2016. TBI requests BIM to recognize the changing landscape of tourism to Bowen Island and the increasing requirements for digital visitor services.
• Furthermore, COVID-19 has resulted in increased digital visitor services expenses and this is anticipated to continue into the foreseeable future. A recent example is the BC Government’s new public health orders. In response, TBI’s website needs to be updated to reflect the new restrictions, multiple social media posts help to amplify and reinforce the messaging to a wider audience, and a staff member responds to email and telephone inquiries from visitors and local businesses.
• Despite the limitations of the past LOO and fee-for-service contracts, TBI has been able to leverage the funding and enhance visitor services on Bowen Island. Since TBI’s first contract in 2016, we have successfully applied for and received Canada Summer Jobs grants. This additional funding has enabled TBI to increase staff members, the days and hours of operation. Our statistics show the positive results of our enhanced services over the years. However, CSJ funding is never guaranteed. The Fee-for-Service agreement should reflect visitor services requirements and adequately fund operations.
• TBI’s Multi-Year Core-Funding application in July 2019 was an appeal to have TBI’s visitor services recognized and compensated. We also proposed that visitor services should be extended on a part-time basis throughout the year. We still maintain that our Core-Funding application is a relevant request and that it proposes a sensible, responsive plan for visitor services and destination management on Bowen Island.
Fee-for Service Funding Request:
We are submitting two funding requests for consideration, with the first being our preferred Fee-for-Service request.
1) This Fee-for-Service request is based on our 2019 Multi-Year Core Funding application. This Fee-for-Service agreement includes part-time in-person visitor services at the brick & mortar location during the shoulder and off-season months and includes digital visitor services. There is a 5% annual increase.
2020 2021 2022 2023 2024 $24,315 $44,000 $46,200 $48,510 $50,935.00
https://www.tourismbowenisland.com 4 Page 44 of 386 2) This Fee-for-Service request is based on the current brick & mortar agreement but also recognizes digital visitor services for the months September – April @ 28 hours per month. This request does not increase in-person visitor services, which we feel is a missed destination management and community economic development opportunity. There is a 5% annual increase.
2020 2021 2022 2023 2024 $24,315 $28,881 $30,325 $31,841 $33,433
In addition to this letter, I’m also sending a copy of our 2020 Visitor Services Report, 2019 Visitor Services Report and our 2019 Multi-year Core Funding application. These documents provide additional information about our services and our funding rational.
Hope, I look forward to dialoguing with you in the near future. Though Liam was not involved in our previous conversations, I’m including him on this correspondence. Please let me know if you have questions.
Kind regards,
Jody Lorenz Administrative Manager Tourism Bowen Island Association
https://www.tourismbowenisland.com 5 Page 45 of 386
Community Organization Multi-Year Core Funding Application Form
ORGANIZATION DETAILS:
Name: Tourism Bowen Island Association Address: 432 Cardena Drive Phone: 604-200-2399 Bowen Island, BC, V0N 1G1 Website: www.tourismbowenisland.com
TYPE OF ORGANIZATION:
Not-for-Profit Society Society No.: BC Incorporation # S0063997
CONTACT DETAILS:
Name: Jody Lorenz Address: same as above Phone: 604-200-2399 Email: [email protected] Website: www.tourismbowenisland.com
Please list Board Members and their Positions: Name Position Joan Vyner Chair Kalindi Soni Treasurer Tina Overbury Secretary Murray Atherton Member Paul Vallee Member Basia Lieski Member
Page 46 of 386 Community Organization Multi-Year Core Funding Application Form Page 1 of 12 PROGRAM DETAILS:
Total Amount of Grant Requested (maximum FOUR years):
Year One: $_38,000.00 Program Dates: April 1, 2020 – March 31, 2021
Year Two: $_44,000.00 Program Dates: April 1, 2021 – March 31, 2022
ELIGIBILITY:
Describe the program you provide to the community. Provide examples of how other municipalities deliver or support a similar program.
Tourism Bowen Island Association (TBI) is both a destination management and destination marketing organization. In early 2016, the Bowen Island Arts Council recommended that TBI take over the operation of the Visitor Information Centre because visitor services are much more aligned with TBI’s mission and mandate. Since April 2016, TBI has operated the Visitor Information Centre which is partly funded by a service agreement with the Bowen Island Municipality. The BIM service agreement is limited to providing visitor information services only. Therefore, BIM has not contributed funding to TBI’s destination marketing initiatives or economic development efforts, but this work is equally important and deserves financial support from BIM, such as funding via the MRDT.
This application for multi-year core funding is intended to replace the current fee-for-service agreement between BIM and TBI. For the 2019-2020 fiscal year, TBI received $20,000 to operate the Visitor Centre during the busy summer months May through September. This core-funding application outlines the need to extend visitor centre services into the shoulder and off-season months, October through March, in an effort to better manage tourism and support economic development. The visitor centre budgets presented in this application are for the fiscal years 2020–2021 and 2021–2022.
Visitor Centres – Provincial Standards and Network:
“There are more than 100 community-owned Visitor Centres throughout BC that make up the Visitor Services Network Program. Last year, the community Visitor Centres serviced almost 2.9 million visitors in their physical location and around their community.” Destination BC, https://www.destinationbc.ca/what- we-do/destination-management/visitor-services/
Though we don’t have access to other municipalities’ budgets, visitors services are typically funded by municipalities through fee-for-service agreements and MRDT revenue.
Since 2015, Tourism Bowen Island Association has been recognized and partly funded by Destination BC (DBC) as the designated operator of the Bowen Island Visitor Information Centre. DBC has contributed $10,000 annually to the operation of the Visitor Centre. More significantly, DBC works in partnership with TBI, providing professional training, industry resources, and comprehensive supports that enable TBI to operate as part of BC’s Visitor Services Network.
Visitor services encompasses a variety of destination management practices and principles that encompass much more than handing out maps and giving directions. Behind the scenes and long before a visitor arrives at the bricks & motor location, visitor services typically starts digitally on the internet and involves a
Page 47 of 386 Community Organization Multi-Year Core Funding Application Form Page 2 of 12 spectrum of touch-points that 1) assist individuals with trip planning, 2) promote destinations and help manage destinations, and 3) answer questions and direct travellers to appropriate resources. Throughout the visitor’s journey, visitor services strive to ensure that each individual has a quality experience – DBC’s goal is to create “remarkable experiences.” Visitor services also strive to ensure that destinations and natural habitats are managed responsibly and sustainably, that residents and communities are not negatively impacted by tourism, and that tourism supports community economic development.
TBI has a part-time Administrative Manager who has been professionally trained and who regularly attends DBC conferences and workshops to stay abreast of industry standards and practices. For the past four years and thanks to grants from Service Canada, seasonal staff have been hired as Visitor Services Counsellors, working the busy summer months May through August. The Administrative Manager trains the staff to be “local knowledge experts,” professional representatives and welcoming ambassadors. The Counsellors provide important frontline customer services, helping to manage visitors responsibly and fostering sustainable tourism.
• Welcoming and intercepting visitors as they disembark the ferry, thereby reducing “lost” wanderings and alleviating pressures on staff at businesses and organizations;
• Answering questions, disseminating information, maps, brochures and literature;
• Connecting visitors with local businesses, services, attractions and community events;
• Assisting with ferry marshalling and public transportation;
• Responsibly directing visitors and fostering sustainable tourism that is sensitive to the community and the island’s natural habitats. This includes, for instance, informing visitors about relevant bylaws, directing people to public parks, trails and beaches that have outhouses, raising awareness about fire hazards, and encouraging environmental stewardship.
• Counsellors also provide Visitor Services via email, telephone and assist with digital communications.
Visitor Services Goals, Purpose & Objectives:
1) To positively enhance visitors’ experiences and enjoyment by providing welcoming, educational and informative services so that visitors can make informed decisions. To create remarkable experiences.
2) To provide destination management practices that foster sustainable tourism, that alleviate negative impacts, and that benefit the community as a whole.
3) To maximize the economic benefits of tourism by promoting tourism products, services and generating increased tourism revenue in the community and region.
4) To work together and promote Bowen Island businesses, services and agencies and to foster tourism as a significant area of economic development.
5) To collaborate with industry partners and regional tourism agencies to promote and assist regional visitor services and tourism strategies.
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Visitor Services Strategies & Tactics:
1) To provide both standard and satellite visitor services, with an emphasis on meeting and greeting visitors as they disembark the ferry. 2) To work collaboratively with local businesses and service providers so that staff members are knowledgeable and up to date about products and services. 3) Maintain an updated website that is a useful resource for both visitors and islanders. 4) Implement visitor services best practices and policies and stay abreast of tourism trends. 5) Attend tourism industry events, tradeshows and develop working partnerships and strategies with other tourism agencies. 6) Increase memberships and enhance member services and economic development opportunities.
Please identify your organization’s current major sources of funding.
Funder Amount of Funding Period Covered Bowen Island Municipality $20,000.00 April 1, 2019 – March 31, 2020 Destination BC $10,000 April 1, 2019 – March 31, 2020 Service Canada, Canada Summer Jobs $12,000 approximately May 2019 – Sept. 1, 2019
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VOLUNTEER INFORMATION:
Does your organization work with volunteers? Yes
If applicable, how many paid memberships does your organization have? Approximately 75 The Municipality is interested in learning more about volunteer contributions. If your organization uses volunteers, please complete the following chart. (Verification may be required.)
How many Total number of Volunteer Role volunteers hours in this role? Volunteer board of directors 7 7 x 10 hrs ea monthly = 70 total hours monthly or 840 hours annually
Special events, e.g. pancake breakfast, Light Up Bowen, etc. 24 200 annually
TOTAL 31 1,040 annually TOTAL NUMBER OF INDIVIDUAL VOLUNTEERS
* Please note that TBI would like to have more volunteers, particularly for an Ambassador program. In the past, TBI did have a couple of volunteer Ambassadors, but this has not been consistent in recent years. There appears to be a general decline in the pool of volunteers on Bowen Island. However, TBI will continue to strive to attract more volunteers.
COMMUNITY INVOLVEMENT:
Do you provide financial assistance to enable people to participate in your program?
• TBI does not provide financial assistance to participants. Visitors are provided free visitor services and free literature. When providing visitor services, some interactions can be short and then other interactions can be quite long and intensive if the request is detailed or complex.
• TBI is a member-based nonprofit, so members pay a fee to join and receive benefits in return.
How many participants have made use of your program over the last year? • In 2018, TBI assisted 8,303 parties or 21,139 visitors, between May and October.
• As of July 2019, TBI has just over 75 members composed of Bowen Island businesses and not-for-profit organizations.
Do you charge a user fee for your program, if so, how much? • Visitor Services are provided free.
Page 50 of 386 Community Organization Multi-Year Core Funding Application Form Page 5 of 12 • Currently, TBI has three different business memberships ranging in price from $99 – $299 annually. Nonprofit memberships range in price from $49 – $199 annually.
ORGANIZATIONALPROFILE:
Describe your organization’s history, mission and scope.
Established in May 2015, TBI is a volunteer-operated, membership-based, non-profit society that has grown membership over the past four years. As of July 2019 we have just over 75 members and 6 board members. Our membership is composed of both commercial and non-profit organizations and includes a range of sectors, restaurants, shops, galleries, service providers, realtors, developers and accommodation providers.
TBI operates as both a destination management organization and a destination-marketing organization. In addition to operating the Visitor Information Centre and providing visitor services, TBI’s mandate is to facilitate tourism and economic development on Bowen Island. TBI is recognized by Destination BC as Bowen Island’s official destination marketing organization.
Over the past four years, TBI received $30,000 from DBC’s coop marketing program. These funds are matched by TBI for a total marketing budget of over $60,000 from April 2015 – April 2019. Over the past four years, we have undertaken a number of tourism initiatives including the following:
• A responsive destination website that is constantly being fine-tuned and updated;
• Represented the island at a number of trade shows and participated in a variety of tourism forums and presentations;
• Hosted a number of industry and media FAM’s resulting in numerous articles about Bowen Island;
• Purchased the former Experience Bowen Island tourism brochure and with the assistance of the advertising agency ReThink, rebranded, expanded and improved the brochure. 2019 was our third edition of the Secrets of Bowen Island and we printed 30,000. As the island’s main marketing brochure, it is distributed primarily off-island to high-tourism locations such as Vancouver hotels, YVR, BC Ferries, Tourism Vancouver and other visitor information centres. The advertising revenue from this brochure helps to fund our matching-grant marketing program with Destination BC.
• Through our work and advocacy, we’re raising the profile of tourism’s value and contributions to the Island’s economic development. We receive positive feedback from many members and local businesses that have benefitted from increased revenues and who recognize our valuable work in the community.
Tourism to BC and Vancouver has steadily increased over the past decade and is projected to continue into the near future. Tourism is recognized as the province’s lead economic driver, surpassing all other resource industries. Given our geographic location to Vancouver, it’s reasonable to project that visitation to Bowen Island will increase as well, thereby requiring more and improved destination management. It’s imperative to not only recognize this tourism trend but to strategically plan and implement practices that minimize negative impacts and maximize community economic benefits.
Page 51 of 386 Community Organization Multi-Year Core Funding Application Form Page 6 of 12 As presented in this application, extending visitor services throughout the year is an important tool in improving visitor management and increasing economic development. However, as tourism increases so does the need to provide a more comprehensive destination management strategy, one that is aligned with provincial destination plans.
TBI strongly encourages BIM to recognize the need for a destination management strategy and to invest financially. TBI’s experience, expertise and industry partnerships enable us to play a pivotal role in establishing a comprehensive destination management strategy for Bowen Island, one that is sensitive to residents, reflective of community interests, responsive to global issues and impacts, is proactive in policy and practices, and fosters sustainable tourism.
Provide information about any major partnerships or alliances with other organizations.
“Destination British Columbia (Destination BC) is the industry-led, provincially-funded Crown corporation that works collaboratively with partners across the province to coordinate tourism marketing at the international, provincial, regional and local levels, and to support regions, communities and Indigenous people in developing or expanding tourism experiences, businesses and jobs.” https://www.destinationbc.ca/who-we-are/
DBC is a stakeholder in TBI, financially contributing to both TBI’s visitor services and destination marketing initiatives. DBC also provides extensive industry support, training, knowledge, resources and networking partnerships.
Regionally, TBI works collaboratively with Tourism Vancouver and many tourism industry bodies, such as Les Clefs d’Or BC.
Locally, BIM is a major stakeholder, providing fee-for-service funding to operate the Visitor Centre since fiscal year 2016-2017 and providing no-charge use of the Visitor Centre cottage.
TBI currently has approximately 75 members composed of local commercial businesses and nonprofit organizations. Many more local businesses invest in TBI’s marketing initiatives by purchasing advertising in the Secrets of Bowen Island brochure and the new map printed May 2019. Advertising revenue is reinvested in TBI’s destination marketing efforts.
Through our membership and established relationships with local businesses and organizations, TBI can continue to make important contributions and play a leadership role in advancing healthy economic development on Bowen Island. As we move into our fourth year of visitor services management, we look forward to enhancing our collaborative partnership with Bowen Island Municipality. We appeal to the Bowen Island Municipality to invest in Tourism Bowen Island’s destination management and economic development work by increasing our funding as per this core-funding application.
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RATIONALE FOR FUNDING:
Are there similar programs currently offered on Bowen Island? If so, how does your organization complement existing programs?
TBI is the only organization providing destination management and visitor services on Bowen Island. TBI has operated the Visitor Information Centre since 2016.
Visitor services is an integral practice and effective strategy of destination management. TBI provides knowledgeable, professional visitor services that implement industry best practices, policies and provincial standards. Thanks to our partnerships with Destination BC and Tourism Vancouver, TBI stays abreast of national and international trends and we strive to facilitate tourism that is informed by the latest principles of sustainability, environmental stewardship, and responsible economic development.
Destination Management:
• TBI board members and the visitor services team are aware of the positive and negative impacts of tourism and the many sensitive issues particular to Bowen Island, such as the island’s natural habitats, ferry and transportation, small-town infrastructure, limited resources, potential man-made and natural disasters.
• It’s important to understand the global, provincial and Metro Vancouver influences driving tourism. Bowen Island cannot manage outside influences, but with this knowledge we can create an informed destination management plan, one that is suited to our environment and reflective of community values.
• Our objective is to manage visitors to the best of our abilities so that we can proactively avoid or minimize negative impacts to the island and community. With our partnerships with Destination BC and Tourism Vancouver, we have the industry knowledge and support to establish more comprehensive destination management practices and policies. We hope to work more collaboratively with BIM to create a comprehensive destination development plan.
Regional, provincial and global travel influences:
Tourism to BC and Vancouver has increased significantly over the past decade and is expected to continue growing annually over the next ten years. Given our geographic location to Vancouver, it’s reasonable to project that visitation to Bowen Island will increase as well, thereby requiring more and improved destination management and visitor services. It’s imperative to not only recognize this tourism trend but to strategically plan and implement practices that minimize negative impacts and maximize community economic benefits. Here are just a few statistics for context:
• BC’s total tourism revenue in 2017 was $18.4 billion, an increase of 8.4% over 2016 and a 41.3% increase since 2007.
• The tourism industry is BC’s highest gross domestic product when measuring the GDP of primary resource industries.
Page 53 of 386 Community Organization Multi-Year Core Funding Application Form Page 8 of 12 • In 2017, the tourism industry contributed $9 billion to BC’s economy. This is a 6.7% growth over 2016 and a 32.5% growth since 2007. Mining was the second highest primary industry GDP in 2017 at $4.9 billion.
• Over 10.3 million people visited Vancouver in 2017 – the highest overnight visitation in the city’s history.
Visitor Centre Statistical Results:
TBI has operated the Visitor Centre since 2016. Each year, we have increased the number of visitors that we’ve assisted between the months of May through September. Here’s a four-year comparison of total number of visitors served by the VIC: • 2015 – BIAC recorded a total of 6,347 visitors. • 2016 – TBI recorded a total 8,054 visitors, 27% over 2015. • 2017 – TBI recorded a total of 14,071 visitors, a 78% increase over 2016. • 2018 – TBI recorded a total of 21,139 visitors, a 47% increase over 2017.
The following table compares the past three years, 2016 – 2018. Keep in mind that this table only represents the people that visitor centre staff interact with. These statistics are only for the months May through September and they do not represent the total number of visitors to Bowen Island during the same time period.
Rational for Extended Services and Increased Funding:
As these visitor statistics indicate, VIC staff are recording more visitor interactions yearly. Early numbers since May 2019 are currently showing a 29% increase over the same time period in 2018. More significantly, however, are the visitors that we’re missing during the months that the Visitor Centre is closed.
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As tourism increases in BC and the Vancouver region, more visitors will also venture to Bowen Island. Anecdotal evidence indicates that visitors are coming to the island all year round. Given Bowen Island’s limited capacities, it’s important to proactively manage visitations so that negative impacts are minimized and positive community development is maximized.
This core-funding application is recommending to increase the Visitor Centre’s hours of operation by 75 hours per month in the shoulder and off-season, October through March. This represents an increase of 450 hours in 2020-2021. An additional 10% increase in operational hours is projected for 2021-2022. Consequently, the budgets reflect increased wages and costs accordingly.
An investment in visitor services in an investment in destination management and community economic development. To help cover the costs of these increased services, TBI recommends applying for the MRDT and seeks Council support to proceed.
How does your organization meet one of the objectives contained in Section 8 or 9 of the Official Community Plan? (See Community Grants Policy, Appendix 1.)
Objective 153 To provide for public services and facilities that meet the needs of the community, consistent with the spirit and intent of this OCP.
How does your organization meet one of the fundamental goals identified in Section 1.3.2 of the Official Community Plan? (See Community Grants Policy, Appendix 2.)
Tourism Bowen Island is aligned with and supports the OCP’s Twelve Fundamental Goals as outlined in Section 1.3.2. In particular, goals 1, 3, 6, and 10.
1) To preserve and protect the unique amenities and natural environment of Bowen Island for the benefit of Bowen Island residents and, generally, for residents of British Columbia.
3) To provide environmental stewardship strategies, to be followed by residents and visitors alike, that recognize societal responsibilities, as well as the rights of property owners.
6) To manage growth in a way that it is conditioned by the natural environment and respects social and economic diversity.
10) To foster the creation and maintenance of local employment in island-based sustainable activities.
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SUSTAINABILITY:
Describe how this funding will provide capacity- building opportunities for your organization.
TBI has operated the Visitor Centre for the past three years under a fee-for-service agreement. The objective of changing to core-funding is to secure a more dedicated funding commitment from the Bowen Island Municipality (BIM).
At this time and within the broader context of provincial tourism trends and destination management concerns, it is equally important for BIM to recognize the importance of tourism to Bowen Island’s community wellbeing and to invest in supporting improved destination management principles and practices. Extending visitor services and increasing funding is an investment in community economic development through sustainable tourism.
As in other communities, TBI encourages BIM to collaborate in applying for the MRDT and to apply the funds towards TBI’s destination management and economic development work.
MULTI-YEAR CORE FUNDING ASSESSMENT:
Describe how you will evaluate the effectiveness of the multi-year core funding. Provide details of the goals and the expected achievements your organization has for each year of grant funding.
Year One: Goals: • To extend visitor services into the months October through March, approximately 75 hours per month or 450 hours during the time period. • To provide visitor services to more visitors throughout the year, estimating approximately a 30% increase. • To improve destination management principles and practices within the community. • To support sustainable tourism and economic development through tourism. • To protect natural resources, habitats and to foster environmental stewardship. • To work collaboratively with members, community stakeholders, and residents.
Year Two: Goals: • To increase visitor services hours of operation by an estimated 10% over previous year. • To increase visitor statistics by an estimated 10% over previous year. • Continue improving destination management principles and practices within the community. • Continue supporting sustainable tourism and economic development through tourism. • Enhancing and enforcing protections for natural resources, habitats and environmental stewardship. • Building on collaborations with members, community stakeholders, and residents.
Please explain how your organization will acknowledge BIM’s contributions.
BIM will be acknowledged on TBI’s website and onsite at the Visitor Centre. Acknowledgment will also be given in official documents and, where appropriate, in other contexts, written or other.
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Any other information:
If desired, TBI can provide additional information in support of this application. Please let us know if you have any questions or need clarification on any points presented in this application.
Thank you for your time and consideration.
FINANCIAL INFORMATION:
Application must include the following:
• Multi-Year Core Funding Budget – Include all expected funding sources and total project expenses; also include value and type of in-kind contributions.
• The organization’s current year to date and most recent year-end financial statements, including income statement(s) and balance sheet(s).
CONDITIONS:
1. Must meet the requirements as identified in the Community Organization Multi-Year Core Funding Policy.
Page 57 of 386 Community Organization Multi-Year Core Funding Application Form Page 12 of 12 Tourism Bowen Island Association Destination Management - Visitor Centre Budget Date July 2019 Apr 2020 - Mar 2021 Apr 2021 - Mar 2022 2020/2021 2021/2022 Projections Projections
INCOME 4200 Grant Income 4201 Destination BC Visitor Centre Operations Grant $ 10,000.00 $ 10,000.00 4202 Canada Summer Jobs Summer Student Grant $ 12,255.00 $ 12,255.00 BIM Core Funding $ 38,000.00 $ 44,000.00
GROSS PROFIT $ 60,255.00 $ 66,255.00 EXPENSES 5200 Operating Expenses 5201 Training and Staff Development Expense $ 406.25 $ 446.88 5202 Office Supplies and Stationary Expense $ 2,382.90 $ 2,621.19 5203 Utilities Expense $ 893.75 $ 983.13 5207 Dues, Subscriptions, and Memberships Expense $ 414.38 $ 455.81 6100 Insurance Expense $ 1,468.75 $ 1,835.94 7000 Payroll Expenses 7010 Wages Expense $ 51,162.38 $ 56,278.61 7020 Employer Taxes Expense $ 3,581.37 $ 3,939.50 Total 7000 Payroll Expenses $ 54,743.74 $ 60,218.12 Total Expenses $ 60,309.77 $ 66,561.06
Net (Income - Expense) -$ 54.77 -$ 306.06
Nos of visitors 35,725 46,442 Page 58 of 386 No of hours 1,550 1,705
To: Mayor Ander and Council
From: Daniel Martin, Manager of Planning and Development
Date: December 4, 2020 Meeting Date: December 14, 2020
Subject: Proposed Housekeeping Land Use Bylaw Amendments
RECOMMENDATION That Bylaw No. 528 cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No.528, 2020” be read a first time; and That Council refer Bylaw No. 528 to the Islands Trust, the Advisory Planning Commission, and a public open house.
PURPOSE To present a bylaw making housekeeping amendments to the Land Use Bylaw for consideration of First Reading and referrals for consultation.
BACKGROUND At the October 13, 2020 Committee of the Whole Council reviewed a staff report and presentation regarding proposed housekeeping amendments to the Land Use Bylaw. The Committee of the Whole adopted the following motion;
RES#20-412 That the Committee of the Whole recommend that Council direct staff to present the draft Land Use Bylaw amendment bylaw, presented at the October 13, 2020 Committee of the Whole, to Council for consideration of First Reading. (Councillor Morse opposed) CARRIED Staff have prepared the amendment bylaw. The overall scope of the project is to restrict amendments to those that better streamline and clarify the LUB while not changing permitted uses on properties on Bowen. In reviewing changes staff had identified some changes that, while they might be considered improvements or moving into alignment with other BIM Plans and Policies, are worthy of greater attention than available in a large housekeeping bylaw such as this.
PROPOSED AMENDMENTS – ADDITIONAL FROM OCTOBER COW Following the October COW meeting, staff have made further edits to the draft Bylaw No. 528. In large part these changes are correcting errors found in the draft bylaw presented at the October COW, including creating consistency between the draft changes and draft bylaw.
Page 1 of 8 Proposed Land Use Bylaw Amendments December 14, 2020 Page 59 of 386
APC DISCUSSION Following the July 17, 2020 referral, staff discussed the proposed bylaw with the Advisory Planning Commission at their September 15, 2020 meeting. Discussion at the APC meeting focused on height calculations, front lot line definition, and setback exceptions. In particular, the APC recommended including a setback exception to allow additional insultation from a building to extend into the setback, to promote more energy efficient buildings.
AMENDMENTS DISCUSSION In this section staff will explore in greater detail some of the proposed amendments.
Height Calculation Defining the height of a building in a zoning bylaw typically involves two elements: deciding what is the top of the building is and deciding what is the bottom of the building. This seems straightforward but opens a whole range of possibilities. Bylaw No. 57 currently defines the top of the building as: a) the highest point of a building with a flat roof; b) the mean height line between the highest point of the building and the ceiling immediately below for buildings with pitched roofs and attic space; c) the mean height line between the peak and a point 2.44 metres above the immediate floor below for buildings with pitched roofs without ceilings ; or d) the highest point of the flat roof or to the midpoint of the projected peak of the pitched roof, whichever is higher, for buildings with roofs composed of a combination of pitched and flat elements . Staff would like to amend (b) and (c) to include listing of a shed roof. Buildings with a shed roof are typically either treated as a pitched roof or a flat roof in zoning bylaw, and by including them in the bylaw to be measured similarly to a pitched roof will provide clarity.
Defining the top of the building
Page 2 of 8 Proposed Land Use Bylaw Amendments December 14, 2020 Page 60 of 386 Bylaw No. 57 decides where the bottom of a building is by taking the lower of the average natural grade or average finished grade. These are calculated around the perimeter of the building or structure at or directly below its outermost exterior walls, measured as the average of each point of the building where two exterior walls of a building or structure contact each other and the ground surface.
What staff have found is that this definition allows an applicant to manipulate this calculation by adding additional corners to the side of a building on the uphill side. Scenario 1 below shows a simple building with 4 corners with an average natural grade of 7.5 metres. Scenario 2 shows almost the identical building, but one small addition changes the grade calculation to be 15 metres, allowing the building to be another 7.5 metres in height.
Scenario 1 Scenario 2
Staff propose moving to a calculation which requires instead a more complex measurement as follows: 1. To calculate the average finished grade and natural grade for the building: a. calculate the average grade elevation for each wall section having a constant grade along the finished and natural wall section by dividing the grade elevation at each end by 2 [(grade ‘x’ + grade ‘y’) ÷ 2 = average], then multiply this average grade elevation by the length of that wall section; b. add the resulting numbers for each section of wall; c. divide this total number by the total perimeter wall length of the building. This will be the average grade, natural or finished. This calculation, borrowed from the West Vancouver zoning bylaw, aims to treat buildings built at similar elevations identically, regardless of design choices in the footprint of the building.
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Lot Coverage Bylaw No 57 currently defines Lot Coverage as: “LOT COVERAGE” means the percentage of the lot area covered by the horizontal footprint of all buildings and structures, including accessory buildings or structures. Staff with to amend this definition to ensure that cantilevered structures are included in the lot coverage calculation, and are proposing that the definition be amended to read: 2. “LOT COVERAGE” means the percentage or area of the lot area covered by buildings and structures over 0.6 meters in height; and excluding eaves to a maximum depth of 1.25 meters.
Lot Line Definitions Bylaw No. 57 defines the lot line as: “LOT LINE” means any boundary of a lot and in particular: “Front Lot line” means the shortest lot line common to the lot and a highway and where there is more than one lot line common to the lot and the highway, the shortest of these lines shall be considered the front lot line, and where a lot is split by a highway each portion of the lot shall have a front lot line; “Exterior Side Lot line” means a lot line or lines not being the front or rear lot line and common to the lot and a highway; “Interior Side Lot line” means any lot line that is not a front, exterior side or rear lot line; “Rear lot line” means a lot line or lines opposite to and most distant from the front lot line or where the rear portion of the lot is bounded by intersecting exterior side or interior lot lines it shall be the point of such intersection. This definition is consistent with past zoning bylaws on Bowen Island. The 1977 Greater Vancouver Regional District Zoning Bylaw No. 247 read: LOT LINE, FRONT means the lot line common to the lot and an abutting street, or where there is more than one lot line common to more than one abutting street, the shortest of these lines shall be considered as the front lot line. The 1984 Island Trust Committee Zoning Bylaw No. 36 read: "Lot Line" means a line which marks the boundary of a lot and in particular: (a) Front Lot Line means the lot line common to the lot and an abutting street, and where there is more than one lot line abutting a street, the shortest of these lines shall be considered the front lot line, and where a lot is split by a road each portion of the lot shall have a front lot line; Staff have identified three examples illustrated below where this leads to an unintuitive “front” of the lot.
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Page 5 of 8 Proposed Land Use Bylaw Amendments December 14, 2020 Page 63 of 386 Staff have reviewed a number of examples definitions for lot lines (provided as Attachment 7) and have not found any that fully solve this problem. Staff are proposing that the front lot line definition be amended to read: “Front Lot line” means the shortest lot line common to the lot and a highway and where there is more than one lot line common to the lot and the highway, the shortest of these lines that is greater than 20 metres shall be considered the front lot line; if no lot line greater than 20 metres, the longest line abutting the highway is the front. Where a lot is split by a highway each portion of the lot shall have a front lot line; This proposed amended definition addresses the Example 2 in the scenarios above. Staff will continue to seek alternative definitions that may better address common Bowen examples.
Domestic Agriculture Domestic Agriculture is a permitted principal use in residential zones across Bowen. The definition reads: “DOMESTIC AGRICULTURE” means the growing or rearing of any agricultural product for the personal use of the occupant of the lot. Given this definition requiring an occupant of the lot, staff have long interpreted this definition to require a dwelling on the property. Given this interpretation, staff are proposing moving Domestic Agriculture to be an accessory use. Rural properties with Agriculture as a principal permitted use would be unaffected by this change.
Watercourses The Watercourses definition in the LUB is important, as it defines what requires a 30 metre setback or a Development Permit. Currently the LUB defines a watercourse as follows: “WATERCOURSE” means any natural or man-made depression with well defined banks and a bed 0.6 metres or more below the surrounding land, serving to give direction to a current of water at least six months of the year, or having a drainage area of two (2) square kilometres or more upstream from the point of consideration, and excludes a constructed ditch. The Constructed Ditch definition then reads: “CONSTRUCTED DITCH” means a constructed depression that has no headwaters, carries water from local surface areas or subsurface drains and may be permanently or intermittently wetted and is not a modified or channelized stream, and does not flow into a watercourse. Staff find these series of definitions challenging for both staff and the public, as it is not readily apparent when a constructed ditch does or does not flow into a watercourse, and frequently the public will read the Watercourse definition and assume that the ditch near their property is a constructed ditch and therefore not require the Watercourse setbacks. The Provincial Riparian Areas Protection Regulation does not contain a definition of a watercourse, but does define a stream as follows:
"stream" means
(a)a watercourse or body of water, whether or not usually containing water, and (b)any of the following that is connected by surface flow to a watercourse or body of water referred to in paragraph (a):
Page 6 of 8 Proposed Land Use Bylaw Amendments December 14, 2020 Page 64 of 386 (i)a ditch, whether or not usually containing water; (ii)a spring, whether or not usually containing water; (iii)a wetland;
Staff desire to have the LUB’s “Watercourse” definition match the intent of the “stream” definition, so to include anything connecting by surface flow. This is similar to the current set of definitions but could be better phrased to more clearly include ditches connected by surface flow. Staff have simplified what was proposed in the draft presented at the October COW, and propose that the Watercourse definition read:
“WATERCOURSE” means any natural or artificial channel through which water flows seasonally or permanently, and includes a ditch connected by surface flow to another watercourse or body of water, a natural stream, or a channelized stream.
Staff would also delete the definition of “constructed ditch” to remove the confusion regarding ditches connected by surface flow.
FINANCIAL & RESOURCE IMPLICATIONS Adoption of a Land Use Bylaw amendment bylaw requires staff time and resources that could otherwise be devoted to other projects. Adopting the bylaw would require minor expenses for advertising. No other financial implications are anticipated.
COMMUNICATION STRATEGY Adopting a Land Use Bylaw amendment bylaw requires certain communication mandated both by Provincial regulations and municipal policies and bylaws. This would involve an open house following a First Reading, a Public Hearing following Second Reading, and additional referrals to volunteer committees. Once a bylaw nears adoption staff will work to develop material to outline any changes to, for example, calculating the height of a building for people submitting Building Permit applications.
Staff have already reached out to some property owners who would be affected by proposed changes, and have made some edits to the bylaw in response. Staff will continue to work with affected parties to ensure that the proposed changes to do not unintended impacts on properties.
ECOLOGICAL/ENVIRONMENTAL/CLIMATE IMPLICATIONS This Bylaw contains amendments to the Land Use Bylaw, some of which would have implications. For example, staff are proposing amendments to the “watercourse” definition which would better protect watercourses of Bowen and align with Provincial regulations for riparian area protection. Additionally, staff are proposing amendments to the “Floor Area” definition which would allow people to construct thicker walls for buildings without penalty to better meet Step Code requirements.
Page 7 of 8 Proposed Land Use Bylaw Amendments December 14, 2020 Page 65 of 386 CONCLUSION Staff have presented a draft bylaw to make a series of housekeeping amendments to the Land Use Bylaw and are recommending that Council give First Reading to the bylaw and make the recommended referrals.
ALTERNATIVES 1. That Council give First Reading to Bylaw No. 528 and make the prepared referrals; 2. That Council refer the draft bylaw to staff for further amendments; 3. That Council direct staff to not proceed with this bylaw.
ATTACHMENTS AND REFERENCES: Attachment 1 – Staff Report dated January 30, 2020 Attachment 2 – Staff Report dated July 17, 2020 Attachment 3 – Staff Report dated October 2, 2020 Attachment 4 – Land Use Bylaw Amendment Bylaw No. 528 Attachment 5 – Track Changes version of Land Use Bylaw, showing proposed changes. Attachment 6 – Islands Trust Policy Checklist Attachment 7 – Lot Line Definitions
Submitted by: Daniel Martin, Manager of Planning and Development
REVIEWED BY:
CAO/CO ☒ Bylaw Services ☒ Communications ☐ Finance ☐ Fire & Emergency ☐ Environment & Parks ☒ Planning ☒ Public Library ☐ Public Works ☐ Recreation & Community Services ☐
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Bowen Island Municipality Bylaw No. 528, 2020
A Bylaw to amend the Land Use Bylaw No. 57, 2002
WHEREAS, “Bowen Island Land Use Bylaw No. 57, 2002” establishes zoning classifications and regulations for land within the municipality; and
AND WHEREAS, Council wishes to amend “Bowen Island Land Use Bylaw No. 57, 2002” to update certain definitions and land use regulations:
THEREFORE be it resolved that the Council for Bowen Island Municipality in open meeting assemble enacts as follows:
1.0 CITATION
1.1 This bylaw may be cited for all purposes as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 528, 2020”.
2.0 DEFINITIONS
2.1 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended by:
(a) Amending the following definitions in Section 1.1 Definitions under Part 1 – INTERPRETATION to read the following:
“AGRICULTURE” means the use of land, buildings or structures for the growing, rearing, producing or harvesting of crops, plants, livestock and other animals subject to Provincial Regulation and includes the processing and sale of products harvested, reared or produced on that lot and the storage of machinery, implements and supplies for use by the agricultural operation, but excludes intensive agriculture.
“ARTISAN INDUSTRY” means any occupation for gain or support that demands an art, handcraft, or trade in which an individual’s skill, through design or production method, lends a unique and distinctive quality to the finished object; or craft that results in the assembly, processing, manufacture or preparation of physical product from other physical resources; or the restoration of items of art or antiques; or involves the teaching of creative arts or performance skills and the use of associated venues for exhibition; and allows as accessory uses:
• general service use for a trade, art or craft; • sale and repair of products that are produced or restored on site; • venues for the exhibition and/or performance of those products/skills directly related to other activities on the site, and • incidental selling of goods not manufactured on-site but related to other activity on the site.
“BED AND BREAKFAST” means the provision of sleeping accommodation, toilet facilities and a breakfast meal to transient paying guests as a home occupation.
Page 1 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 67 of 386 “BUILDING” means a roofed structure at least 1.5 metres in height and, for purposes of this Bylaw, up to two buildings connected by a covered walkway and located not more than 3.0 metres (9.8 feet) apart are deemed to be one building.
“COHOUSING” means a housing model that fosters an inclusive, mutually supportive, yet independent living environment. Projects consist of clustered, attached and/or detached dwellings that are individually owned and completely self-contained yet incorporate commonly owned land, buildings, and structures.
“COMMUNITY WATER SYSTEM” means a water work system that serves more than one lot, and which is owned, operated and maintained by Bowen Island Municipality, an Improvement District, Water Users’ Community defined under the Water Users’ Communities Act or a Water Utility defined under the Water Utility Act.
“COMMUNITY WATERSHED” means all or part of the drainage area that is upslope of the lowest point from which water is diverted for human consumption by a water work system.
“COTTAGE RESIDENTIAL DEVELOPMENT” means a development providing supportive housing to individuals as defined through a registered Housing Agreement, consisting of attached or detached dwellings and a caretaker’s residence, and which may include accessory uses, buildings and structures including: a common amenity building; domestic agriculture and agriculture uses; workshops and studios; meeting rooms and instruction areas.
“DAYCARE” means a facility providing care for children licensed under the Community Care Facility Act.
“DWELLING or DWELLING UNIT” means a building or part of a building containing sleeping, living area and kitchen designed, used or intended for use as one (1) residence.
“ENVIRONMENTAL MANAGEMENT PLAN” means a stand-alone document or a part of a report prepared by a qualified professional, describing environmental protection measures to be implemented for the purpose of controlling erosion and sedimentation; managing storm water runoff; managing ecosystem function and structure; and a plan for monitoring the proper implementation of said measures.
“FLOOR AREA” means the sum of the horizontal areas on any storey of a building or structure, including basements, measured to the inner surface of exterior walls and windows, but not including stairs, vertical service spaces and their enclosed assemblies. For the purpose of this definition, all areas of a building or structure having a floor and a ceiling 1.5 metres or more apart constitutes a storey. The horizontal area of all buildings and structures where more than 60 percent of the area between the roof and the floor is enclosed by walls, doors, and windows shall be included in the calculation of floor area.
“GARDEN CENTRE” means a use providing for the retail sale of nursery plants, home gardening supplies, supplies for agriculture and the care and feeding of animals, and related goods and services including related seasonal sales and related equipment rental.
“GAS STATION” means a use providing for the retail sale and storage of petroleum products and other fuels, energy charging, lubricating oils and products related to the operation of a motor vehicle and may include a convenience store.
“GENERAL SERVICES” means a use that provides:
a) services to individuals or other businesses including and not limited to bank and financial institution, post office, instructional service, film processing, photocopying service, rentals, barber shop, or beauty salon;
Page 2 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 68 of 386 b) activities of an accounting, administrative, clerical, consulting, professional or record keeping nature conducted for monetary gain or for benefit of the public; c) repair or cleaning services for personal goods or small household goods customarily used within a dwelling unit, including a shoe repair shop or a small appliance repair shop but excludes automobile sales and repairs.
“GUEST HOUSE” means a use that provides for overnight guest accommodation for transient paying guests, and may include a communal dining room, kitchen facility, the provision of accessory group meetings/courses/workshops, recreational facilities, and a dwelling unit for the owner-operator or staff and their family.
“HEIGHT” means for the purposes of buildings, the vertical distance from the lower of the average natural grade or finished grade, measured to:
a) the highest point of a building with a flat roof (See Figure 1-3); b) the mean height line between the highest point of the building and the ceiling immediately below for buildings with pitched or shed roofs and attic space (See Figure 1-4); c) the mean height line between the peak and a point 2.44 metres above the immediate floor below for buildings with pitched or shed roofs without ceilings (See Figure 1-5); or d) the highest point of the flat roof or to the midpoint of the projected peak of the pitched roof, whichever is higher, for buildings with roofs composed of a combination of pitched and flat elements (See Figure 1- 6). (See Section 3.12)
“HEIGHT” means for the purposes of structures, the vertical distance from the lower of the natural grade or the finished grade to the highest point of the structure. See Figure 1-3 – 1-6.
“INDOOR ENTERTAINMENT FACILITY” means a use conducted primarily indoors, including a performing arts facility, auditorium, studio, movie theatre, arena, bowling alley, curling rink, fitness club, gymnasium, indoor skating rink, racquet court, swimming pool, and other similar types of indoor entertainment and recreational uses, and can include a refreshment facility for the patrons of the facility.
“KITCHEN” means a room or area of a room, other than a Limited Kitchen Facility that is equipped or constructed so as to be capable of being equipped for activities related to the preparation and cooking of food.
“LIMITED KITCHEN FACILITIES” means an area that is equipped or capable of being equipped with plug-in countertop cooking appliances, a mini fridge, and a small sink for activities related to the preparation and cooking of food.
“LIVE/WORK UNIT” means a single unit, designed for and consisting of both artisan and/or general services and a residential dwelling unit component, where both spaces are occupied by the same person and the dwelling component is the primary dwelling of the occupant.
“LOT COVERAGE” means the percentage or area of the lot area covered by buildings and structures over 0.6 meters in height; and excluding eaves to a maximum depth of 1.25 meters.
“LOT LINE” means any boundary of a lot and in particular:
“Front Lot line” means the shortest lot line common to the lot and a highway and where there is more than one lot line common to the lot and the highway, the shortest of these lines that is greater than 20 metres in length shall be considered the front lot line; if no lot Page 3 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 69 of 386 line greater than 20 metres, the longest line abutting the highway is the front. Where a lot is split by a highway each portion of the lot shall have a front lot line;
“Exterior Side Lot line” means a lot line or lines not being the front or rear lot line and common to the lot and a highway;
“Interior Side Lot line” means any lot line that is not a front, exterior side or rear lot line;
“Rear lot line” means a lot line or lines opposite to and most distant from the front lot line or where the rear portion of the lot is bounded by intersecting exterior side or interior lot lines it shall be the point of such intersection.
(See Figure 1-7)
“MEDICAL CLINIC” means a use providing for the care of sick, injured, or aged, including a medical, dental, physiotherapy or similar practice for in-patient and/or out-patient services, emergency care, medical services, therapy, mental services, laboratories and other accessory facilities.
“PARKING SPACE” means a space within a building or parking area, for the parking of one vehicle, excluding parking area access aisles and ramps. It may also include electrical vehicle charging.
“RESTAURANT” means a use where food and beverages are prepared and sold to the public primarily for immediate consumption and may include the serving of alcoholic beverages to a person without a meal, as regulated by the Liquor Control and Licensing Act.
“RETAIL” means a use within a building or on an associated lot where goods are offered or kept for sale or rental to the public.
“SIGN” means any identification, description, illustration or device, illuminated or unilluminated, whether or not containing words or symbols, which is visible from any public street and which directs attention to a product, place, activity, person, institution, business or other solicitation, and includes any temporary or permanent installation;
“SPILL MANAGEMENT PLAN” means a plan for the control and minimization of damage to life, property, or the environment from any form of hazardous materials.
“STRUCTURE” means any construction installed on, supported by or sunk into land or water, but does not include construction less than 0.6 metres in height.
“WATERCOURSE” means any natural or artificial channel through which water flows seasonally or permanently, and may include a ditch connected by surface flow to another watercourse or body of water, a natural stream, or a channelized stream, but excludes a constructed ditch.
“WINERY” means the production of wine, at a winery facility licensed by the Liquor & Cannabis Regulation Branch, where at least 50% of the wine production comes from grapes grown at on the same lot, or from another lot which is part of the same business. A winery may include winery tours, wine tasting, wine sales, and the sale of winery promotional products.
(b) Deleting the following definitions in Section 1.1 Definitions under Part 1 – INTERPRETATION:
Page 4 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 70 of 386 “AGRICULTURAL RETAIL” means the use of buildings and structures for the retail sale of goods and services related to agriculture, including goods and services related to the care and feeding of animals, and retail sale of pet food and supplies.
“AMUSEMENT ARCADE” means a use located primarily indoors containing more than three video, electrical, mechanical or manual games including video and pinball machines and gaming devices.
“APARTMENT DWELLING” means the residential use of part or all of a building comprised of three or more dwelling units, some or all of which have entrances from a common corridor or lobby.
“AVERAGE FINISHED GRADE” means the average grade elevation around a building or structure’s perimeter with any proposed changes to natural grade due to construction, placement of fill, or removal of soil, measured as the average of each point of the building where two exterior walls of the building or structure contact each other and the ground surface. In the case of buildings and structures on the surface of water, average finished grade shall be the watermark of any floating building or structure. See Figure 1-1.
“AVERAGE NATURAL GRADE” means the average existing grade elevation, prior to any re-grading or construction, calculated around the perimeter of the building or structure at or directly below its outermost exterior walls, measured as the average of each point of the building where two exterior walls of a building or structure contact each other and the ground surface. In the case of buildings and structures on the surface of water, average natural grade shall be the high watermark on a building or structure fixed to the bed of the water and the watermark of any floating building or structure. See Figure 1-2.
“COTTAGE INDUSTRY” means any occupation for monetary gain that demands a skill, practiced ability, or apprenticeship in a trade, art, or craft that results in the assembly, processing, manufacture or preparation of physical product from other physical resources; or the restoration of items of art or antiques; or involves the teaching or training of creative arts or performance skills; and allows as accessory uses:
• office use for a trade, art or craft; • sale and repair of products that are produced or restored on site; • venues for the exhibition and/or performance of those products/skills directly related to other activities on the site, and • incidental selling of goods not manufactured on-site but directly related to other activity on the site.
“HORTICULTURE” means growing of fruits, vegetables, flowers or ornamental plants for resale.
“INDOOR RECREATION FACILITY” means a use conducted primarily indoors, including but not limited to an arena, bowling alley, curling rink, fitness club, gymnasium, indoor skating rink, racquet court, swimming pool and other similar types of indoor recreational uses, and can include a refreshment facility for the patrons of the facility, but excludes an amusement arcade.
“INN” means a building or group of buildings that may contain sleeping accommodation, a small kitchen area with limited cooking facilities such as a microwave oven, bathrooms, meeting rooms, dining room and kitchen facilities, recreational facilities, and a residential dwelling unit for staff.
“LOT DEPTH” means the measurement from the front lot line to the rear lot line measured from a line connecting the centre point of the front lot line to the centre point of the rear lot line.
Page 5 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 71 of 386 “MUNICIPAL HALL” means a use that provides for conducting local government business, services and activities and related public services and activities, within offices, meeting rooms or Council chambers.
“OFFICE” means a location where activities of an accounting, administrative, clerical, consulting, professional or record keeping nature are conducted for monetary gain or for benefit of the public.
“PARCEL” means the smallest unit in which land is designated as a separate and distinct parcel on a legally recorded plan or description filed in the Land Title Office, except that the total area of land in a Bare Land Strata Plan registered under the Strata Property Act shall be considered a parcel.
“PRODUCE STAND” means a portable structure used for the sale of locally grown agricultural or horticultural products.
“TOWNHOUSE DWELLING” means residential use of a building comprised of three or more dwelling units separated from one another by party walls extending from foundations to roof, each of which has a separate exterior entrance at grade and shares no more than two party walls with adjacent dwelling units.
“VINEYARD” means the use of land, buildings or structures for the growing of grapes or other fruits and berries for the production of wine from grapes or other fruits and berries at a winery located on the lot where the grapes or other fruits and berries are grown, or for commercial wholesale
(c) Inserting the following definitions alphabetically in Section 1.1. Definitions under Part 1 – INTERPRETATION
“CEMETERY” means land or buildings that are set apart or used as a place of interment or memorial, including for related solemn rites and gatherings.
“EMERGENCY SERVICES” means public facilities that provide for community safety and security including police stations, fire halls, and ambulance services.
“FENCE” means a vertical structure used as an enclosure or a screen of all or part of a site, not exceeding 0.2 metres in thickness, excluding posts and rails.
“GOVERNMENT OFFICE” means a use that provides for conducting government business, services and activities and related public services and activities, such as within offices, meeting rooms or Council chambers.
“GRADE, AVERAGE” means the measurement around the perimeter of the building or structure at or directly above or below the outermost projection of the exterior walls. See Section 3.12
“GRADE, FINISHED” means the ground level after any changes to natural grade due to construction, placement of fill, or removal of soil
“GRADE, NATURAL” means the natural undisturbed ground level formed without human intervention.
“LIGHT MANUFACTURING” means a use providing for the processing, fabricating, assembly, storing, transporting, distributing, wholesaling, testing, servicing, repairing, or repurposing of goods, materials, or things. This use excludes bulk gas and fuel loading and fuel storage facilities.
“MINI-STORAGE” means accessory units a maximum floor area of 30 square metres per unit For the purpose of storing nonhazardous possessions indoors.
Page 6 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 72 of 386 “PUBLIC COMMUNITY FACILITY” means a public amenity venue, including public libraries, museums, art galleries, theatres, and similar arts and cultural venues.
“RETAINING WALL” means a vertical structure constructed to hold back rock or soil.
“STORAGE AND WAREHOUSE” means a building or buildings with one or more separate units for the sole purpose of storing nonhazardous possessions indoors.
“WOOD PROCESSING” means the milling, shaping, and finishing of wood products, excluding the production of sawdust or mulch other than as incidental by-products resulting from the production of other wood products.
3.0 AMENDMENTS
3.1 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 3.2 USES PERMITTED IN ALL ZONES by:
(a) amending Section 3.2.1 to read:
Bicycle paths, equestrian trails, pedestrian trails or board walks, educational interpretive signage, open space, natural parks other than playgrounds and playing fields;
(b) amending Section 3.2.5 to read:
Water Works Systems
3.2 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 1.1, Section 2.8, Section 5.7, Section 5.10, Section 6.3, Section 6.15, by deleting the term “parcel” and replacing it with the term “lot”
3.3 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended by:
(a) deleting Section 3.3.1 PROHIBITED USES OF LAND, BUILDINGS, AND STRUCTURES and renumbering subsequent items; and
(b) amending Section 3.3.6 PROHIBITED USES OF LAND, BUILDINGS, AND STRUCTURES to read:
A use located partially or totally in a tent trailer, motor home, camper, or other recreation vehicle, without a permanent foundation or permanent service connection, except when a tent trailer, motor home or camper, or other recreation vehicle: - is otherwise permitted by this Bylaw; or - is used for temporary sleeping accommodation for non-paying visitors on a residential lot for a period not exceeding 90 days in any 360-day period. 3.4 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Part 3 by (a) inserting a heading AVERAGE GRADE CALCULATING FOR BUILDING HEIGHT following Section 3.11; (b) inserting the following Sections Section 3.12.
Page 7 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 73 of 386 1 Average grade (natural and finished) is measured around the perimeter of a building at or directly above the outermost projections of the exterior walls. A deck attached to a building is not considered in determining the perimeter.
2. The lower of the average natural grade or average finished grade, each calculated separately, will be used in building height and floor area ratio calculations. 3. To calculate the average finished grade and natural grade for the building: a. calculate the average grade elevation for each wall section having a constant grade along the finished and natural wall section by dividing the grade elevation at each end by 2 [(grade ‘x’ + grade ‘y’) ÷ 2 = average], then multiply this average grade elevation by the length of that wall section; b. add the resulting numbers for each section of wall; c. divide this total number by the total perimeter wall length of the building. This will be the average grade, natural or finished. 4. Where the undisturbed ground level of natural grade cannot be ascertained because of existing landscaping, buildings or structures, and appears to have been significantly altered, the level of natural grade shall be determined by the Municipal Building Inspector, who may rely on the professional opinion of a British Columbia Land Surveyor on the determination of natural grade at the cost of the property owner (c) renumbering subsequent sections 3.5 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Part 3 ACCESSORY BUILDINGS OR STRUCTURES by (a) deleting Section 3.13 and 3.14 and renumbering subsequent sections 3.6 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 3.15 HEIGHT EXCEPTIONS by adding the following number, and renumbering subsequent section: 3.15.9 Solar and photovoltaic panels 3.7 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 3.18-3.23 SETBACKS FROM WATERCOURSES, WATER RESERVIOUS, LAKES, WETLANDS & NEST TREES by deleting Section 3.18- 3.23 and replacing with the following, and renumbering subsequent sections: 3.18 No building or structure shall be sited within thirty (30) metres from the natural boundary of any watercourse or wetland unless otherwise provided for in this Bylaw.
3.19 No building or structure shall be sited within fifty (50) metres from the natural boundary of any water reservoir or lake unless otherwise provided for in this Bylaw.
3.20 Water works systems may be sited within the required setback from the natural boundary of any watercourse, water reservoir or lake.
3.21 No use, including those uses listed below, shall be conducted within thirty (30) metres of the natural boundary of any watercourse or wetland, or fifty (50) metres of the natural boundary of any water reservoir or lake unless otherwise provided for in this Bylaw.
.1 burial or storage of wood chip or sawdust piles greater than 3 cubic metres;
.2 storage of pressure treated wood that is not effectively covered (e.g. minimum requirement is cover by a tarp in good condition)
Page 8 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 74 of 386 .3 storage of solid waste, landfill, fuels, tires, chemicals, construction materials, or derelict vehicles or machines;
.4 keeping of livestock or poultry or storage of agricultural waste;
.5 Storage or repair of automobiles or other vehicles; and
.6 Storage or repair of agricultural or industrial machinery.
3.22 No building or structure shall be sited within thirty (30) metres from any tree bearing active nests of blue herons, eagles, ospreys, falcons, hawks or owls and vulture roosting trees.
3.8 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 3.24-3.29 SETBACK EXCEPTIONS by: (a) Amending Section 3.24 to read as follows:
3.24 No building or structure other than the following projections beyond the face of a building may be located in the area of the setback required by this bylaw:
.1 bay windows, chimneys, cornices, heating or ventilating equipment, sills, or other similar architectural features, to a maximum length of 2.5 metres, provided that they do not project more than 0.6 metres into the required setback;
.2 uncovered and unenclosed projections, such as decks provided that they do not project more than 1.25 metres into a required front, side, or rear setback, and to a maximum of 20% of the required side yard setback;
.3 roof overhangs, eaves, and gutters provided that they do not project more than 1.0 metres into the required setback; and
.4 Exterior Wall thickness to a maximum length of 0.25 metres where the excluded wall thickness is utilized for the provision of insulating materials and/or for the protection against wind, water, and vapour.
(b) Amending Section 3.25 to read as follows: 3.25. Setback requirements of this Bylaw shall not apply to:
.1 Constructed ditches or constructed drainage ponds for the purpose of diverting underground or weeping tile water flow that does not replace or divert a watercourse; or
.2 Self-contained landscaping ponds to a maximum depth of 1.5 metres at any part of the pond and to a maximum length of 3 metres.
(c) Amending Section 3.27 to read as follows:
Page 9 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 75 of 386 3.27 Fences not exceeding a height of 2.5 metres may be sited on any portion of a lot,
(d) Inserting Section 3.28, and renumbering subsequent section, to read as follows:
3.28 Retaining walls not exceeding a height of 2.0 metres may be sited on any portion of a lot, subject to setbacks to the sea, lakes, watercourses, wetlands, and highways.
(e) Inserting Section 3.29, and renumbering subsequent section, to read as follows:
3.29 Retaining walls not exceeding a height of 1.5 metres may be sited on any portion of a lot.
(f) Amending Section 3.29 to read as follows:
3.29 Accessory buildings and structures not exceeding a height of 2.5 metres, not more than 10 sq. m. in horizontal footprint, and not more than 10 sq. m. in floor area may be sited 0 metres from any lot line, subject to setbacks from the sea, lakes, watercourses and wetlands and highways.
3.9 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended by deleting Section 3.30 and renumbering subsequent sections. 3.10 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 3.41-3.46 SIGN REGULATIONS by: (a) Inserting Section 3.44, and renumbering subsequent sections to follow, to read:
3.44 Any residential use shall be permitted one sign with a total area not exceeding one (1) square metres.
(b) Inserting Section 3.46, and renumbering subsequent section to follow, to read:
3.46 One sign which advertises or pertains to a temporary business, service, or activity conducted on the lot, not exceeding one square metre in area, shall be permitted on a lot, for a maximum duration of 30 days.
3.11 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at PART 4 – ZONE REGULATIONS by inserting a minimum setback from a highway into the following zones SR1, SR2, VR2, CD4 Section 4.52 (1) Area 1-3, 3-8 of CD 6, CD7, CD 8, CD 9, Area 2 of CD 10, Area 2 of CD 18 at the following section: Section 4.6.2 (1), Section 4.17.2(1), Section 4.19.2 (1), Section 4.20.2 (1), Section 4.21.2 (1), Section 4.22.2 (1), Section 4.23.2 (1), 4.30.2 (1) to read as follows: Minimum setback for a building from any lot line that abuts a highway (metres): 4.6 3.12 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at PART 4 – ZONE REGULATIONS by deleting the term Domestic Agriculture from all listings as “Principal Uses of Land, Buildings and Structures” and instead inserting the term Domestic Agriculture under the listing “Accessory Uses of Land, Buildings, and Structures 3.13 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at PART 4 – ZONE REGULATIONS by deleting all instances of the following terms when listed under Permitted Uses of Land, Buildings and Structures: (a) Agricultural Retail (b) Horticulture Page 10 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 76 of 386 (c) Indoor Recreation Facility (d) Office (e) Apartment Dwelling (f) Townhouse Dwelling (g) Vineyard 3.14 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at PART 4 – ZONE REGULATIONS by amending ever instance of the term “Cottage Industry” and replacing with the term “Artisan Industry” 3.15 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.2.1 (1) by deleting “Dwelling use” as a permitted accessory use of Land, Buildings and Structures. 3.16 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.4.1 (1) by: (a) Deleting “or Social” from the term “Community or Social Hall” as a permitted principal use of Land, Buildings and Structures. (b) Replacing “Fire Hall, Ambulance Hall” with the term “Emergency Services” (c) Replacing “Museum, Gallery” with the term “Public Community Facility” (d) Deleting “Public Library” and “Police Station” as permitted uses of Land, Buildings and Structures 3.17 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.4.4.1 (a) to read: (a) Emergency Services shall be the only permitted use. 3.18 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.7.1 Accessory Uses of Land, Building and Structures by replacing “Parking for another commercial use, subject to Subsection 5.10 with the following: Parking area, subject to Subsection 5.10 3.19 “Bowen Island Municipality Land Use Bylaw no. 57, 2002” is amended at Section 4.7.2 (1) by replacing “Minimum setback from all lot lines (metres)” with the following: Minimum setback from all lot lines (metres) abutting a non-VC zoned lot
3.20 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.7.4 (4) (d) to read: Parking area is a permitted accessory use. 3.21 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.8.1 (1) by: (a) replacing the term “Health Clinic” with the term “Medical Clinic” (b) deleting the term “Public Library” (c) replacing the term “Assembly or Social Hall with the term “Assembly or Community Hall (d) replacing the term “Museum, Gallery, with the term “Public Community Facility” (e) replacing the term “Police Station, Fire Hall, Ambulance Hall” with the term “Emergency Services (f) deleting the term “Hospital” 3.22 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.9.1 (1) by: (a) replacing the term “Milling, Shaping and Finishing of Wood” with the term “Wood Processing”
Page 11 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 77 of 386 (b) deleting the term “Manufacturing of Wood Products
3.23 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.12.1 (1) by: (a) replacing the term “Water Storage” with the term “Water Works Systems”
3.24 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.14 by: (a) deleting the words “and cottage” from the Information Note 3.25 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.14.1 (1), Section 4.19.1(1), Section 4.19.1(4), and Section 4.19.2(1) by: (a) replacing the term “Inn” with the term “Guest House” 3.26 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.15.1(1) and Section 4.15.2 (2) by: (a) replacing the term “Municipal Hall” with the term “Government Office’ 3.27 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.15.4(1) by: (a) replacing the term “Public Community Facilities such as libraries, museums, art galleries” with the term “Public Community Facility” 3.28 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.15.7(1) by: (a) replacing the term “Public community facilities such as libraries, museums, art galleries, indoor entertainment and recreational facilities” with the term “Public Community Facility” (b) inserting the term “Indoor entertainment facility” (c) replacing the term “Government buildings such as post office, government office with the term “Government Office” (d) Replacing the term “Police Stations, Ambulance Hall, Fire Hall” with the term “Emergency Services” (e) Replacing the term “Hospital, Health Centre or Clinic” with the term Medical Clinic
3.29 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.15.10 (1) by: (a) replacing the term “Indoor Recreation Facility” with the term “Indoor Entertainment Facility” 3.30 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.19.2 (1) by:
(a) deleting the row that reads as follows:
Maximum floor space for Office (See Section 4.19.2(4)) 250 m2
(b) amending the row that reads:
Maximum floor space for General Services (See 250 m2 Section 4.19.2(4))
To read as follows:
Maximum floor space for General Services (See 600 m2 Section 4.19.2(4)) 3.31 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.20.4 by: Page 12 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 78 of 386 Deleting Section 4.20.4
3.32 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.21.4 by:
Deleting Section 4.21.4
3.33 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.22.4 by:
Deleting Section 4.22.4
3.34 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.23.4 by:
Deleting Section 4.23.4
3.35 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.24.5 by:
Deleting Section 4.24.5
3.36 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.25.4 by:
Deleting Section 4.25.4
3.37 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.25.2 (1) by:
(a) amending the wording “Despite subsections 3.54.6 and 3.54.7, maximum size of detached secondary suite “ to read: “Despite subsections 3.54.4 and 3.54.5, maximum size of detached secondary suite”
3.38 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.30.1 (1) by:
(a) replacing the term “Retail sale of goods and items produced on site and day to day convenience goods” with the term “Artisan Industry”
3.39 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.31.1 (1) by:
(a) adding Dwelling, Attached under a Permitted Buildings and Structures in Area 1
3.40 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.31.2 (1) by:
(a) replacing the table under “4.31.2 Size Siting and Density of Permitted Buildings and Structures with the following:
Lot Coverage Area 1 Area 2 Area 3
Maximum combined lot coverage of all buildings and 50% 50% 50% structures
Floor Space Ratio
Maximum Floor Space Ratio (FSR) 1.0 0.5 1.0
Maximum Floor Area
Page 13 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 79 of 386 Maximum floor area of attached dwellings (square 1,000 plus 4 m2 3,000 1,000 metres) for every 1 m2 floor area of General Service, Medical Clinic, Retail or Restaurant Uses, to a maximum of 2,200 m2
Maximum floor area of all Community Campus Uses use 2,100 (square metres)
Maximum total floor area of Daycare Use (square metres) 500
Maximum floor area of General Service, Medical Clinic, 1,000 500 Retail and Restaurant Uses (square metres)
Maximum floor area of all buildings and structures (square 2,500 metres)
Height
Maximum height of attached dwellings (metres or storeys, 14 m 9.0 m or 14 m or 3 whichever is less) 2.5 storeys storeys
Setbacks
Minimum setback from front lot lines (metres) 3.0 3.0 3.0
Minimum setback from exterior side lot lines (metres) 0.0 3.0 3.0
Minimum setback from interior site lot lines (metres) 1.5 1.5 1.5
Minimum setback from all interior lot lines for walkways 0.0 0.0 0.0 and bridges connecting buildings (metres)
Minimum setback from rear lot line (metres) 3.0 3.0 3.0
Conditions of Use
Retail, Restaurant, General Service and Medical Clinic uses ♦ ♦ shall be permitted only as secondary uses on the ground floor or second floor of Dwelling and Community Campus Use buildings.
Page 14 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 80 of 386 Despite the definition of Floor Area, in this CD 19 Zone ♦ ♦ ♦ only, the calculation shall exclude a storey that consists of a parking garage, including a portion of such storey used for Parking, Short-Term and Secure Bicycle Parking, or providing vehicular, bicycle, or common pedestrian access to Parking areas.
3.41 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.31.3 by:
(a) deleting Section 4.31.3
3.42 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.32.1 (1) by:
(a) replacing the term “Parking for another commercial use, subject to Subsection 5.10 with “Parking Area, subject to Subsection 5.10
3.43 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.32.2 (1) by:
(a) replacing the term “Retail, general services, office, restaurant, pub, cottage industry, indoor entertainment facility, or indoor recreation facility are the only uses permitted on ground floors accessible off of Bowen Island Trunk Road and Dorman Road” with the following “Retail, general services, restaurant, pub, artisan industry, or indoor entertainment facility are the only uses permitted on ground floors accessible off of Bowen Island Trunk Road and Dorman Road”
3.44 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.32.4 by:
(a) deleting Section 4.32.4
3.45 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.33.1.(1) by: (a) replacing the term “Water Treatment Plant” with the term “Water Works System” 3.46 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.33.1.(1) and Section 4.33.2 (1) by: (a)replacing the term “Office” with the term “General Services” 3.47 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.33.2 (1) by deleting the following clause: “Despite Section 3.30” ” 3.48 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.34.1 (1) by: (a) replacing the term “Manufacturing, assembling, processing and repair, including food and beverage products” with the term “Light Manufacturing
3.49 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.14, SECTION 4.20, SECTION 4.22, SECTION 4.25, and SECTION 4.30 by changing references to “Sub Area” in a Comprehensive Development Zone to “Area”
Page 15 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 81 of 386 3.50 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 4.7 VILLAGE COMMERCIAL ZONES (VC 1, VC2) by:
(a) In Section 4.7.1 inserting “Daycare” as a permitted Principal Use of Land, Buildings, and Structures in the VC 1 and VC 2 zones.
3.51 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended by deleting Section 5.15 and renumbering subsequent sections.
3.52 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended by deleting Table 5-1 MINIMUM NUMBER OF OFF-STREET PARKING SPACES and replacing with the following:
TABLE 5-1 MINIMUM NUMBER OF OFF-STREET PARKING SPACES
LAND USE / ZONE Number of Off-Street Parking spaces Required
AGRICULTURE
All Zones 1 per 2 non-resident employees
BED AND BREAKFAST and Residential Guest Accommodation All Zones 1 per guest room
CHURCH, COMMUNITY HALL, ASSEMBLY
Rural Zones 1 per 15 m2 floor area Settlement Zones 1 per 15 m2 floor area Village Zones 1 per 40 m2 floor area CD Zones 1 per 15 m2 floor area CD 20 Zone 1 per 60 m2 floor area
COMMUNITY DOCK, WHARF, BOAT LAUNCH All Zones 4 per boat launch
ARTISAN INDUSTRY
Rural Zones 1 per 30m2 floor area
Settlement Zones 1 per 30m2 floor area
Village Zones 1 per 40m2 floor area
CD 1 Zone 1 per 30m2 floor area
CD 20 Zone 1 per 60m2 floor area
DAYCARE
Page 16 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 82 of 386 Rural Zones 1 per 2 employees, plus 2 spaces Settlement Zones 1 per 2 employees, plus 2 spaces Village Zones 1 space CD 1 Zone 1 space CD 19 Zone 1 per 50 m2 of floor area DWELLING
Rural Zones 2 per dwelling unit Settlement Zones 1 per dwelling unit Village Zones 1 per dwelling unit CD 10 Zone 2 per dwelling unit Area 1 CD 19 Zone 0.5 per dwelling unit Area 2 & 3 CD 19 Zone 1 per dwelling unit, plus 0.25 spaces per unit for visitor parking All other CD Zones 1 per dwelling unit GARDEN CENTRE
Rural Zones 1 per 20 m2 of indoor floor area, plus 1 per 200 m2 of outdoor area
GENERAL SERVICE, RETAIL, RESTAURANT, PUB Village Zones 1 per 40 m2 floor area CD 1 Zone 1 per 40 m2 floor area CD 2 Zone 1 per 40 m2 floor area CD 20 Zone 1 per 60 m2 floor area
GUEST HOUSE Rural Zones 1 per guest room, plus 1 per 2 non-resident employees, plus 1 per 6 dining room seats All Zones 1 per dwelling and guest unit
HOME OCCUPATION Rural Zones 1 per non-resident employee Settlement Zones 1 per non-resident employee Village Zones 0 CD 1 Zone 0 CD 20 0
INDOOR ENTERTAINMENT FACILITY
Page 17 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 83 of 386 Rural Zones 1 per 15 m2 floor area Settlement Zones 1 for 10 m2 floor area Village Zones 1 per 40 m2 floor area CD 5 Zone 1 per 15 m2 floor area CD 20 1 per 60 m2 floor area
INDUSTRIAL Industrial Medium Zone 1 per employee plus 1 truck space Industrial Commercial Zone 1 per employee plus one truck space
PUBLIC COMMUNITY FACILITY AND COMMUNITY CAMPUS
Village Zones 1 per 40 m2 floor area CD 2 Zone 1 per 20 m2 floor area CD 19 Zone 1 per 40 m2 of floor area
LIGHT INDUSTRIAL All non-residential uses 1 per 40 m2 of floor area 1 loading bay per building Residential dwelling 0.5 space per unit
MARINA All Zones 1 per 3 berths
MEDICAL CLINIC 2 Village Zones 1 per 40 m floor area 1 per 40 m2 floor area CD 19 Zone
GOVERNMENT OFFICE
All Zones 2 per 35 m2 net floor area, plus 15 stalls of which at least one stall or 5% of the total number of spaces, whichever is greater, shall be designed and marked for use by persons with disabilities
NEIGHBOURHOOD PARK / PLAY FIELDS
All Zones 5
EMERGENCY SERVICES
All Zones 1 per employee, plus 2 spaces RECREATION, TRAINING AND MEETING CENTRE
All Zones 1 per 2 guest rooms, plus 1 per 2 non-resident employees
Page 18 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 84 of 386 RETREAT CENTRE Rural Zones 1 per guest room, plus 1 per 2 non-resident employees Village Zones 1 per guest room, plus 1 per 2 non-resident employees CD 2 Zone 1 per guest room, plus 1 per 2 non-resident employees
SCHOOL
All Zones 1 per employee plus 1 per 15 m2 of assembly space
SERVICE STATION, GAS STATION All Zones 4, plus 2 per service bay STABLES AND KENNELS
Rural Zones 1 per 2 non-resident employees plus 1 per 3 customers Settlement Zones 1 per 2 non-resident employees plus 1 per 3 customers
SUPPORTIVE HOUSING All Zones 1 per 2 bedrooms, plus 1 per employee CD 19 1 per 2 bedrooms
VEHICLE REPAIR GARAGE All Zones 6
3.53 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 6.1.2 by:
(a) replacing 6.1.2 to read: “a lot being created for natural open space, highway, park, public square, public utility, or emergency services, provided a covenant complying with Sections 2.6 and 2.7 of this Bylaw is registered on title that restricts the use of that lot to the purpose for which it is being created or the property is designated as highway, park or public square on a plan of subdivision registered in the Land Title Office;”
3.54 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended by altering the Information note at the top of Part 7 – DEVELOPMENT PERMIT GUIDELINES AND EXEMPTIONS to read as follows:
Information Note: Section 488 of the Local Government Act currently provides that an Official Community Plan may designate areas for the protection of the natural environment, its ecosystems and biological diversity; revitalization of an area in which a commercial use is permitted; establish objectives for the form and character of intensive residential development; and establishment of objectives for the form and character of commercial, industrial or multi-family residential development. The Bowen Island Official Community Plan establishes such areas.
When land is designated as a Development Permit Area, no land within the designated area shall be subdivided nor construction of, addition to or alteration of a building or structure commenced unless the owner first obtains a development permit or is exempted under a condition that specifies when a development permit would not be required. Land within areas for the protection of the natural environment, its ecosystem and biological diversity
Page 19 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 85 of 386 or revitalization of an area in which a commercial use is permitted must not be altered without first obtaining a development permit.
Development permit guidelines and conditions under which a development permit would not be required are provided below.
3.55 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended by deleting Section 7.1 CAPE ROGER CURTIS DEVELOPMENT PERMIT AREA, renumbering subsequent sections to follow, and amending any references to subsequent sections to match the new numbering.
3.56 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended by replacing references to the “Riparian Areas Regulation” in Section 7.2 with “Riparian Areas Protection Regulation.
3.57 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 7.2 WATERSHED, AQUIFER AND STREAM PROTECTION DEVELOPMENT PERMIT AREA by amending Exemption 9) with the following:
7.2 Exemptions 9) Development of land where a conservation covenant satisfactory to and in favour of Bowen Island Municipality, Government of British Columbia, Government of Canada, the Islands Trust Fund or another conservation agency is registered for the protection of aquatic and riparian habitat or water resources and the proposed development is outside of and does not adversely affect the covenant area and any fish and riparian protection area or water resource protection area. 3.58 “Bowen Island Municipality Land Use Bylaw No. 57, 2002” is amended at Section 7.5 by: (a) deleting all instances of the words “or small inn”
4.0 SEVERABILITY
4.1 If a section, subsection, paragraph, subparagraph or phrase of this bylaw is for any reason declared invalid by a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this bylaw.
READ A FIRST TIME this ____ day of ______, ______;
READ A SECOND TIME this ____ day of ______, ______;
PUBLIC HEARING this ____ day of ______, ______;
READ A THIRD TIME this ____ day of ______, ______;
FINALLY ADOPTED this ____ day of ______, ______;
______Gary Ander Hope Dallas Mayor Corporate Officer
Page 20 of 20 Bowen Island Municipality Bylaw No.528, 2020 Page 86 of 386
BOWEN ISLAND MUNICIPALITY BYLAW N0. 57, 2002
A Bylaw to establish regulations, requirements and guidelines respecting the use of land, including the surface of water, the use, siting and size of buildings and structures, the provision of parking, landscaping and screening and the subdivision of land within Bowen Island Municipality.
WHEREAS the Bowen Island Council is the Council having jurisdiction on and in respect of the Bowen Island Municipality, pursuant to the Local Government Act;
AND WHEREAS the Bowen Island Council wishes to adopt a Land Use Bylaw and other development regulations, and to show by map the boundaries of land use zones;
AND WHEREAS the Bowen Island Council has held a Public Hearing;
NOW THEREFORE the Bowen Island Council enacts as follows:
1. The following schedules attached hereto are hereby made part of this Bylaw and adopted as the Land Use Bylaw for the Bowen Island Municipality:
.1 Schedule A (Land Use Bylaw Text)
.2 Schedule B (Land Use Bylaw Map)
.3 Schedule C (Comprehensive Development Zone 3 (CD 3) Map)
.4 Schedule D (Land Development Guidelines for the Protection of the Aquatic Habitat)
.5 Schedule E (Design Guidelines, Snug Cove)
.6 Schedule F (Tourist Commercial Accommodation Development Permit Guidelines)
2. For the purpose of transition, business licence requirements of this Bylaw shall come into force and effect upon adoption by Council of a regulatory bylaw to implement business licencing.
3. Bowen Island Zoning Bylaw No. 36, 1984 and all its amendments and Bowen Island Subdivision Bylaw, 1977 and all of its amendments are repealed.
4. This Bylaw may be cited for all purposes as the “Bowen Island Municipality Land Use Bylaw No. 57, 2002.”
READ A FIRST TIME this 10th day of June, 2002.
READ A FIRST TIME AS AMENDED this 8th day of July, 2002.
Bowen Island Municipality BylawPage No. 87 of57, 386 2002 Land Use Bylaw PUBLIC HEARING HELD this 27th day of July, 2002.
READ A SECOND TIME AS AMENDED this 19th day of August, 2002.
PUBLIC HEARING HELD this 7th day of September, 2002.
READ A THIRD TIME AS AMENDED this 9th day of September, 2002.
RECONSIDERED AND FINALLY ADOPTED this 30th day of September, 2002.
(Original signed) (Original signed) Lisa Barrett Isabell Hadford Mayor Chief Administrative Officer
Certified to be a true and correct copy of the “Bowen Island Municipality Land Use Bylaw No. 57, 2002” adopted by the Council of Bowen Island Municipality this 30th day of September, 2002.
(Original signed) Isabell Hadford Chief Administrative Officer
1 Bowen Island Municipality Land Use Bylaw (Consolidated September 2020) Bylaw No. 57, 2002 Page 88 of 386
Schedule A
Land Use Bylaw Text
Schedule “A” of the Bowen Island Municipality Land Use Bylaw No. 57, 2002
Bowen Island Municipality BylawPage No. 89 of57, 386 2002 Land Use Bylaw
TABLE OF CONTENTS – SCHEDULE A
PAGE PART0B 1 – INTERPRETATION ...... 1 DEFINITIONS ...... 1 Numbering ...... 16 Description of Land ...... 16 Information Notes ...... 17 Figures 17 PART1B 2 — ADMINISTRATION ...... 22 Application ...... 22 Conformity ...... 22 Covenants Against Building, Subdivision and Use ...... 22 Inspection ...... 23 Violation ...... 23 Offence ...... 23 Penalty ...... 23 Severability ...... 23 OWNER’S COSTS ...... 24 PART2B 3 – GENERAL REGULATIONS ...... 25 Applicability ...... 25 Uses Permitted in All Zones ...... 25 Prohibited Uses of Land, Buildings and Structures ...... 25 Confirmation of Lawful Use and Siting ...... 26 Relationship to the Provincial Agricultural Land Reserve ...... 26 NUMBER OF Dwellings on a Lot AND DWELLING USE ...... 27 Siting Requirements for Strata and Bare Land Strata Lots ...... 27 Accessory BuildingS or StructureS ...... 27 Height Exceptions ...... 28 Setbacks from the Sea ...... 29 SETBACKS FROM WATERCOURSES, WATER RESERVOIRS, LAKES, WETLANDS & NEST TREES ...... 30 Setback Exceptions ...... 31 Visibility ...... 32 Landscape Screens ...... 33 Home occupationS ...... 33 COOKING FACILITIES ...... 34 MINIMUM SERVICE LEVEL ...... 34 Off Street Parking Regulations ...... 35 BUSINESS LICENCE ...... 35 Sign Regulations ...... 35 Subdivision Regulations ...... 36
i Bowen Island Municipality Land Use Bylaw (Consolidated September 2020) Bylaw No. 57, 2002
Page 90 of 386 Enforcement of Density Regulations ...... 36 Enforcement of Siting Regulations...... 36 DEVELOPMENT PERMITS ...... 37 ACCESSORY RESIDENTIAL USE ...... 37 PART3B 4 – ZONE REGULATIONS ...... 39 ESTABLISHMENT OF ZONES ...... 39 ZONE TITLE ...... 41 LOCATION OF ZONES ...... 41 ZONES BOUNDARIES ...... 41 ZONES REGULATIONS ...... 41 ZONING OF HIGHWAYS ...... 41 4.1 RESIDENTIAL ZONES (RR 1, RR 2, RR 3) ...... 42 4.1.1 Permitted Uses of Land, Buildings and Structures ...... 42 4.1.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 42 4.1.3 Subdivision and Servicing Requirements ...... 43 4.1.4 Exceptions in Particular Locations ...... 43 4.2 RURAL COMMERCIAL ZONES (RC 1, RC 2) ...... 44 4.2.1 Permitted Uses of Land, Buildings and Structures ...... 45 4.2.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 45 4.2.3 Subdivision and Servicing Requirements ...... 46 4.3 TOURIST COMMERCIAL ZONES (TC 1) ...... 47 4.3.1 Permitted Uses of Land, Buildings and Structures ...... 47 4.3.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 47 4.3.3 Subdivision and Servicing Requirements ...... 48 4.4 ISLAND INSTITUTIONAL, SETTLEMENT INSTITUTIONAL AND ISLAND CIVIC ZONES (II, SI, Ci) ..... 48 4.4.1 Permitted Uses of Land, Buildings and Structures ...... 49 4.4.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 49 4.4.3 Subdivision and Servicing Requirements ...... 50 4.4.4 Exceptions in Particular Locations ...... 50 4.5 SETTLEMENT RESIDENTIAL ZONES (SR 1, SR 2) ...... 51 4.5.1 Permitted Uses of Land, Buildings and Structures ...... 51 4.5.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 51 4.5.3 Subdivision and Servicing Requirements ...... 52 4.5.4 Exceptions in Particular Locations ...... 52 4.6 VILLAGE RESIDENTIAL ZONES (VR 1, VR 2) ...... 53 4.6.1 Permitted Uses of Land, Buildings and Structures ...... 53 4.6.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 54 4.6.3 Subdivision and Servicing Requirements ...... 55 4.7 VILLAGE COMMERCIAL ZONES (VC 1, VC 2) ...... 55 4.7.1 Permitted Uses of Land, Buildings and Structures ...... 55 4.7.2 Size, Siting and Density of Permitted Buildings and Structures ...... 56 4.7.3 Subdivision and Servicing Requirements ...... 57 4.7.4 Exceptions in Particular Locations ...... 57 4.8 VILLAGE INSTITUTIONAL AND VILLAGE CIVIC ZONES (VI AND VCi)...... 58 4.8.1 Permitted Uses of Land, Buildings and Structures ...... 58 4.8.2 Size, Siting, Density of Permitted Uses, Buildings and Structures ...... 59
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Page 91 of 386 4.8.3 Subdivision and Servicing Requirements ...... 59 4.8.4 Exceptions in Particular Locations ...... 60 4.9 INDUSTRIAL ZONES (IM, IC) ...... 60 4.9.1 Permitted Uses of Land, Buildings and Structures ...... 60 4.9.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 61 4.9.3 Subdivision and Servicing Requirements ...... 62 4.9.4 Exceptions in Particular Locations ...... 62 4.10 GREEN ZONES (G1, G2, G3) ...... 62 4.10.1 Permitted Uses of Land, Buildings and Structures ...... 62 4.10.2 Subdivision and Servicing Requirements ...... 63 4.10.3 Exceptions in Particular Locations ...... 63 4.11 PARK ZONES (P1, P2, P3, P4) ...... 64 4.11.1 Permitted Uses of Land, Buildings and Structures ...... 64 4.11.2 Subdivision and Servicing Requirements ...... 64 4.11.3 Exceptions in Particular Locations ...... 65 4.12 WATER PROTECTION ZONES – INLAND (WP1, WP2) ...... 65 4.12.1 Permitted Uses of Land, Buildings and Structures ...... 66 4.13 WATER USE ZONES – coastal (WG 1, WC 1, WCi) ...... 66 4.13.1 Permitted Uses of Land, Buildings and Structures ...... 66 4.13.2 Exceptions in Particular Locations ...... 68 4.14 COMPREHENSIVE DEVELOPMENT 1 (CD 1) ZONE (ARTISAN SQUARE) ...... 71 4.14.1 Permitted Uses of Land, Buildings and Structures ...... 71 4.14.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 72 4.14.3 Subdivision and Servicing Requirements ...... 74 4.14.4 Off Street Parking Requirements ...... 74 4.15 COMPREHENSIVE DEVELOPMENT 2 (CD 2) ZONE (CATES HILL) ...... 75 Area 1 and Area 2 ...... 75 4.15.1 Permitted Uses of Land, Buildings and Structures ...... 75 4.15.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 75 4.15.3 Subdivision and Servicing Requirements ...... 76 Area 3 and Area 4 ...... 77 4.15.4 Permitted Uses of Land, Buildings and Structures ...... 77 4.15.5 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 78 4.15.6 Subdivision and Servicing Requirements ...... 79 Area 5 and Area 6 ...... 79 4.15.7 Permitted Uses of Land, Buildings and Structures ...... 79 4.15.8 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 80 4.15.9 Subdivision and Servicing Requirements ...... 81 AREA 7 81 4.15.10 Permitted Uses of Land, Buildings and Structures ...... 81 4.15.11 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 82 4.15.12 Subdivision and Servicing Requirements ...... 82 4.15.13 Exceptions in Particular Locations ...... 82 4.16 COMPREHENSIVE DEVELOPMENT 3 (CD 3) ZONE (BOWEN BAY) ...... 83 4.16.1 Permitted Uses of Land, Buildings and Structures ...... 83 4.16.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 83
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Page 92 of 386 4.16.3 Subdivision and Servicing Requirements ...... 85 4.17 COMPREHENSIVE DEVELOPMENT 4 (CD 4) ZONE (HOOD POINT) ...... 86 4.17.1 Permitted Uses of Land, Buildings and Structures ...... 86 4.17.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 87 4.17.3 Subdivision and Servicing Requirements ...... 87 4.18 COMPREHENSIVE DEVELOPMENT 5 (CD 5) ZONE (ORCHARD RECOVERY CENTRE) ...... 89 4.19 COMPREHENSIVE DEVELOPMENT 6 (CD 6) ZONE (COWAN POINT) ...... 91 4.19.1 Permitted Uses of Land, Buildings and Structures ...... 91 4.19.2 Density of Permitted Uses, Buildings and Structures ...... 93 4.19.3 Subdivision and Servicing Requirements ...... 94 4.20 COMPREHENSIVE DEVELOPMENT 7 (CD 7) ZONE (REID – PASS) ...... 96 4.20.1 Permitted Uses of Land, Buildings and Structures ...... 96 4.20.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 96 4.20.3 Subdivision and Servicing Requirements ...... 97 4.20.4 Off Street Parking Requirements ...... 97 4.21 COMPREHENSIVE DEVELOPMENT 8 (CD 8) ZONE (MALKIN CREEK) ...... 98 4.21.1 Permitted Uses of Land, Buildings and Structures ...... 98 4.21.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 98 4.21.3 Subdivision and Servicing Requirements ...... 99 4.21.4 Off Street Parking Requirements ...... 99 4.22 COMPREHENSIVE DEVELOPMENT 9 (CD 9) ZONE (BUCHANAN) ...... 100 4.22.1 Permitted Uses of Land, Buildings and Structures ...... 100 4.22.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 100 4.22.3 Subdivision and Servicing Requirements ...... 101 4.22.4 Off Street Parking Requirements ...... 101 4.23 COMPREHENSIVE DEVELOPMENT 10 (CD 10) ZONE (RUDDY POTATO) ...... 102 4.23.1 Permitted Uses of Land, Buildings and Structures ...... 102 4.23.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 102 4.23.3 Subdivision and Servicing Requirements ...... 103 4.23.4 Off Street Parking Requirements ...... 103 4.24 COMPREHENSIVE DEVELOPMENT 11 (CD 11) ZONE (GAS STATION) ...... 104 4.24.1 Permitted Uses of Land, Buildings and Structures ...... 104 4.24.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 104 4.24.3 Conditions of Use ...... 104 4.24.4 Subdivision and Servicing Requirements ...... 105 4.24.5 Off Street Parking Requirements ...... 105 4.25 COMPREHENSIVE DEVELOPMENT 12 (CD 12) ZONE (GREENWAY WEST) ...... 106 4.25.1 Permitted Uses of Land, Buildings and Structures ...... 106 4.25.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 106 4.25.3 Subdivision and Servicing Requirements ...... 107 4.25.4 Off Street Parking Requirements ...... 107 4.26 COMPREHENSIVE DEVELOPMENT 13 (CD 13) ZONE (WORKS YARD – GAS STATION) ..... 108 4.26.1 Permitted Uses of Land, Buildings and Structures ...... 108 4.26.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 108 4.26.3 Conditions of Use ...... 109 4.27 COMPREHENSIVE DEVELOPMENT 15 (CD 15) ZONE (SENIORS PRECINCT) ...... 110
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Page 93 of 386 4.27.1 Permitted Uses of Land, Buildings and Structures ...... 110 4.27.2 Size and Siting of Permitted Uses, Buildings and Structures ...... 110 4.27.3 Off Street Parking Requirements ...... 111 4.28 COMPREHENSIVE DEVELOPMENT 16 (CD 16) ZONE (BELTERRA) ...... 112 4.28.1 Permitted Uses of Land, Buildings and Structures ...... 112 4.28.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 112 4.28.3 Subdivision and Servicing Requirements ...... 113 4.28.4 Conditions of Use ...... 113 4.28.5 Off Street Parking Requirements ...... 113 4.29 COMPREHENSIVE DEVELOPMENT 17 (CD 17) ZONE (PROCTOR) ...... 114 4.29.1 Permitted Uses of Land, Buildings and Structures ...... 114 4.29.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 114 4.29.3 Subdivision and Servicing Requirements ...... 115 4.29.4 Off Street Parking Requirements ...... 115 4.30 COMPREHENSIVE DEVELOPMENT 18 (CD 18) ZONE (ARBUTUS RIDGE) ...... 116 4.30.1 Permitted Uses of Land, Buildings and Structures ...... 116 4.30.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 117 4.30.3 Subdivision and Servicing Requirements ...... 117 4.30.4 Off‐Street Parking Requirements ...... 118 4.31 COMPREHENSIVE DEVELOPMENT 19 (CD 19) ZONE (COMMUNITY LANDS LOT 2) ...... 119 4.31.1 Permitted Uses of Land, Buildings and Structures ...... 119 4.31.2 Size Siting and Density of Permitted Buildings and Structures ...... 120 4.31.3 Off‐Street Parking Requirements ...... 121 4.32 COMPREHENSIVE DEVELOPMENT 20 (CD 20) ZONE (BOWEN INVESTMENTS LTD.) ...... 122 4.32.1 Permitted Uses of Land, Buildings and Structures ...... 122 4.32.2 Size, Siting and Density of Permitted Buildings and Structures ...... 123 4.32.3 Subdivision and Servicing Requirements ...... 123 4.32.4 Off‐Street Parking Requirements ...... 124 4.34 COMPREHENSIVE DEVELOPMENT 22 (CD 22) ZONE (COMMUNITY LANDS LOT 1) ...... 130 4.34.1 Permitted Uses of Land, Buildings and Structures ...... 130 4.34.2 Size, Siting and Density of Permitted Uses, Buildings and Structures ...... 131 4.34.3 Off‐Street Parking Requirements ...... 132 PART4B 5 – PARKING REGULATIONS ...... 133 REQUIREMENTS FOR OFF‐STREET PARKING ...... 133 LOCATION ...... 133 STANDARD DIMENSIONS ...... 134 PARKING FOR PERSONS WITH DISABILITIES ...... 135 BICYCLE PARKING FOR COMMERCIAL OR COMMUNITY USES ...... 136 TANDEM PARKING ...... 136 DEVELOPMENT AND MAINTENANCE REQUIREMENTS ...... 136 PART5B 6 – SUBDIVISION REGULATIONS ...... 141 LOT AREA, SHAPE, AND DIMENSIONS ...... 141 WATER SUPPLY ...... 143 SEWAGE DISPOSAL STANDARDS ...... 145 STORM DRAINAGE STANDARDS ...... 146 HIGHWAY AND STREET STANDARDS ...... 147
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Page 94 of 386 OWNER’S COSTS ...... 148 PART6B 7 – DEVELOPMENT PERMIT GUIDELINES AND EXEMPTIONS ...... 149 7.1 CAPE ROGER CURTIS DEVELOPMENT PERMIT AREA ...... 149 7.2 WATERSHED, AQUIFER AND STREAM PROTECTION DEVELOPMENT PERMIT AREA...... 153 7.3 VILLAGE REVITALIZATION DEVELOPMENT PERMIT AREA ...... 160 7.4 VILLAGE PERIPHERY DEVELOPMENT PERMIT AREA ...... 162 7.5 TOURIST COMMERCIAL (ACCOMMODATION) DEVELOPMENT PERMIT AREA ...... 163 7.6 DETACHED SECONDARY SUITE DEVELOPMENT PERMIT AREA ...... 164 7.7 LIGHT INDUSTRIAL DEVELOPMENT PERMIT AREA ...... 167
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PART0B 1 – INTERPRETATION
DEFINITIONS
1.1 In this Bylaw,
“ACCESSORY BUILDING or STRUCTURE” means a building or structure, which contains an accessory use, that is secondary, incidental and associated with the principal building or use permitted on the same lot.
“ACCESSORY RESIDENTIAL USE” means a detached secondary suite or a secondary suite.
“ACCESSORY USE” means a use other than a principal use, that is secondary, incidental and associated with the principal use or building permitted on the same lot.
“AGRICULTURE” means the use of land, buildings or structures for the growing, rearing, producing or harvesting of crops, plants, livestock and other animals subject to Provincial Regulation and includes the processing and sale of products harvested, reared or produced on that lot and the storage of machinery, implements and supplies for use by the agricultural operation, but excludes intensive agriculture, horticulture and vineyard.
“AGRICULTURAL RETAIL” means the use of buildings and structures for the retail sale of goods and services related to agriculture, including goods and services related to the care and feeding of animals, and retail sale of pet food and supplies.
“AGRICULTURAL WASTE” means a by‐product of agriculture, and includes manure, used mushroom medium and agricultural vegetation waste.
“AMUSEMENT ARCADE” means a use located primarily indoors containing more than three video, electrical, mechanical or manual games including video and pinball machines and gaming devices.
“APARTMENT DWELLING” means the residential use of part or all of a building comprised of three or more dwelling units, some or all of which have entrances from a common corridor or lobby.
“AQUIFER” means a geological formation, a group of geological formations, or a part of one or more geological formations, that is water bearing and capable of storing, transmitting and yielding water.
“ARTISAN INDUSTRY” means any occupation for gain or support that demands an art, handcraft, or trade in which an individual’s skill, through design or production method, lends a unique and distinctive quality to the finished object; or craft that results in the assembly, processing, manufacture or preparation of physical product form other physical resources; or the restoration of items of art or antiques; or involves the teaching of creative arts or performance skills and the use of associated venues for exhibition; and allows as accessory uses: office general service use for a trade, art or craft;
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Page 96 of 386 sale and repair of products that are produced or restored on site; venues for the exhibition and/or performance of those products/skills directly related to other activities on the site, and incidental selling of goods not manufactured on‐site but directly related to other activity on the site.
“ASSEMBLY” means the use of land or a building or structure for gatherings for public, charitable, cultural, religious, memorial, philanthropic, recreational, educational or entertainment purposes.
“ATHLETIC PARK” means a public park use providing fields, diamonds, courts or pitches for organized team sports, and related infrastructure.
“AVERAGE FINISHED GRADE” means the average grade elevation around a building or structure’s perimeter with any proposed changes to natural grade due to construction, placement of fill, or removal of soil, measured as the average of each point of the building where two exterior walls of the building or structure contact each other and the ground surface. In the case of buildings and structures on the surface of water, average finished grade shall be the watermark of any floating building or structure. See Figure 1‐1.
“AVERAGE NATURAL GRADE” means the average existing grade elevation, prior to any re‐grading or construction, calculated around the perimeter of the building or structure at or directly below its outermost exterior walls, measured as the average of each point of the building where two exterior walls of a building or structure contact each other and the ground surface. In the case of buildings and structures on the surface of water, average natural grade shall be the high watermark on a building or structure fixed to the bed of the water and the watermark of any floating building or structure. See Figure 1‐2.
“BED AND BREAKFAST” means the provision of sleeping accommodation, toilet facilities a home occupation located within a detached dwelling or accessory building or both and restricted to providing temporary overnight accommodation and a breakfast meal to transient paying guests as a home occupation.
“BERTHAGE” means the tying of a vessel or seaplane to a wharf, float or dock that is in turn connected to an upland lot by a ramp or walkway.
“BOWEN ISLAND MUNICIPALITY” or “MUNICIPALITY” means the local government with jurisdiction within the boundaries of Bowen Island, Finisterre Island, and Hutt Island, and an area of foreshore and land covered by water extending 300 metres from the natural high‐water marks of Bowen Island, Finisterre Island and Hutt Island and their associated islets as indicated on Schedule “B”, Land Use Bylaw Map.
“BUILDING” means a roofed structure used or intended to be used for accommodating or sheltering a use or occupancyat least 1.5 metres in height and for purposes of this Bylaw, buildings connected by a covered walkway and located not more than 3.0 metres (9.8 feet) apart are deemed to be one building.
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Page 97 of 386 “BUILDING INSPECTOR” means a person appointed as building inspector by the Bowen Island Municipality.
“CARRYING CAPACITY” means the natural ability of vegetated land (pasture) to support the primary nutritional requirements of grazing, browsing or rooting livestock, without resulting in progressive deterioration of the pasture condition.
“CEMETERY” means land or buildings that are set apart or used as a place of interment or memorial, including for related solemn rites and gatherings.
“COHOUSING” means a housing model that fosters an inclusive, mutually supportive, yet independent living environment. Projects, consisting of clustered, attached, and / or detached dwellings that are individually owned and completely self‐contained yet incorporate commonly owned land, buildings, or structures, with the purpose of reducing the footprint of the private dwellings and support community connection.
“COLUMBARIUM” means a building or structure or area of a building or structure having niches for the storage of funeral urns.
“COMMERCIAL” means an activity conducted for monetary gain, or of sufficient scale that it may reasonably be expected to produce monetary gain.
“COMMERCIAL GUEST ACCOMMODATION” means overnight guest sleeping accommodation for transient paying guests, which is not a bed and breakfast and may include a washroom and kitchen within the individual unit.
“COMMON WALL” means a wall jointly owned or jointly used by two (2) parties under a strata lot or bare land strata lot and erected at or upon an interior side lot line separating two (2) lots of land.
“COMMUNAL DINING ROOM” means an accessory use located in a guest house that provides meals to overnight guests of a guest house and may provide meals to non‐overnight guests but is not a restaurant.
“COMMUNITY CAMPUS” means facilities providing for a range of cultural, arts and crafts, performance and fitness activities, meeting space, and may include municipal offices, museum, archives, library and other similar uses, as well accessory office, kitchen, restaurant and similar uses.
“COMMUNITY DOCK” means a public dock.
“COMMUNITY SEWER SYSTEM” means a system of works to collect, convey, treat and dispose of sewage that serves more than one dwelling.
“COMMUNITY WATER SYSTEM” means a system of waterworkswater work system that serves more than one lot, and which is owned, operated and maintained by Bowen Island Municipality, an Improvement District, Water Users’ Community defined under the Water Act or a Water Utility defined under the Water Utility Act.
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“COMMUNITY WATERSHED” means all or part of the drainage area that is upslope of the lowest point from which water is diverted for human consumption by the area upstream of the most downstream water intake, licensed under the Water Act for domestic purposes, of a water works system.
“CONFERENCE CENTRE” means an accessory use providing education and training facilities including overnight guest accommodation and shared eating facilities.
“CONFINEMENT AREA” means a fenced paddock of up to 0.1 ha in area, barn or other shelter for animals.
“CONSTRUCTED DITCH” means a constructed depression that has no headwaters, carries water from local surface areas or subsurface drains and may be permanently or intermittently wetted and is not a modified or channelized stream, and does not flow into a watercourse.
“COTTAGE INDUSTRY” means any occupation for monetary gain that demands a skill, practiced ability, or apprenticeship in a trade, art, or craft that results in the assembly, processing, manufacture or preparation of physical product from other physical resources; or the restoration of items of art or antiques; or involves the teaching or training of creative arts or performance skills; and allows as accessory uses: office use for a trade, art or craft; sale and repair of products that are produced or restored on site; venues for the exhibition and/or performance of those products/skills directly related to other activities on the site, and incidental selling of goods not manufactured on‐site but directly related to other activity on the site.
“COTTAGE RESIDENTIAL DEVELOPMENT” means a development providing supportive housing to individuals as defined through a registered Housing Agreement, consisting of attached or detached dwellings and a caretaker’s residence, and which may include accessory uses, buildings and structures including: a common amenity building; domestic agriculture and horticulture agriculture uses; workshops and studios; meeting rooms and instruction areas.
“COUNCIL” means the Council of the Bowen Island Municipality.
“DAYCARE” means a child daycare facility providing care for children licensed under the Community Care Facility Act, as amended or replaced from time to time.
“DERELICT VEHICLE” means a vehicle that is not driveable or has been unlicensed for 12 months.
“DOMESTIC AGRICULTURE” means the growing or rearing of any agricultural product for the personal use of the occupant of the lot.
“DWELLING or DWELLING UNIT” means a building or part of a building containing sleeping, living area and kitchen designed, used or intended for use as one (1) residence.
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Page 99 of 386 “DWELLING, ATTACHED” means a building used for residential purposes that consists of two (2) or more primary dwelling units and for the purposes of this Bylaw, includes supportive housing.
“DWELLING, DETACHED” means a detached building used for residential purposes that consists of one (1) primary dwelling unit, and where permitted by this Bylaw, one (1) secondary suite.
“DWELLING, TWO FAMILY (SECONDARY DWELLING)” means a building consisting of two (2) attached dwelling units, where one dwelling unit is a primary dwelling, which shall be a minimum of 30% larger in floor area than the secondary dwelling
“EMERGENCY SERVICES” means public facilities that provide for community safety and security including police stations, fire halls, and ambulance services.
“ENGINEER” means a member in good standing of the Association of Professional Engineers and Geoscientists of British Columbia.
“ENVIRONMENTAL CONSULTANT” means a registered professional with credentials in the environmental field under consideration.
“ENVIRONMENTAL MANAGEMENT PLAN” means a stand‐alone document or a part of a report prepared by a qualified professional, describing environmental protection measures to be implemented for the purpose of controlling erosion and sedimentation; managing storm water runoff; managing vegetation, wildlife, fish and habitatecosystem function and structure; and a plan for monitoring the proper implementation of said measures, as appropriate.
“FARM USE” means activities designated as farm use by the Agricultural Land Reserve Use, Subdivision and Procedure Regulation.
“FENCE” means a vertical structure used as an enclosure or a screen of all or part of a site, not exceeding 0.2 metres in thickness, excluding posts and rails.
“FLOAT HOUSE” means a building containing a dwelling unit designed to float on water but is not intended or suitable for navigation.
“FLOATING ATTACHED DWELLING” means a building containing two to four dwelling units designed to float on water, but is not intended or suitable for navigation.
“FLOOR AREA” means the sum of the horizontal areas on any storey of a building or structure, including basements, measured to the outer inner surface of exterior walls and windows minus 15 centimetres, but not including stairs, vertical service spaces and their enclosed assemblies. For the purpose of this definition, all areas of a building or structure having a floor and a ceiling two 1.5 (2) metres or more apart constitutes a storey. The horizontal area of all buildings and structures where more than 60 percent of the area between the roof and the floor is enclosed by walls and windows shall be included in the calculation of floor area.
“FLOOR AREA, NET” means 90% of floor area.
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“FLOOR SPACE RATIO and FSR” means: a) in respect of fee simple lots, the figure obtained by dividing the sum of the floor areas of all buildings and structures on a lot by the lot area. b) in respect of strata lots the figure obtained by dividing the sum of the floor areas of all buildings and structures on all strata lots in the same strata plan by the area of the strata plan exclusive of any access routes.
“GANGWAY” means a narrow pedestrian passageway, which may include sloping ramps, providing access between the shoreline and a float or connecting a pier structure to the shoreline or float.
“GARDEN CENTRE” means a use providing for the retail sale of nursery plants, and home gardening supplies, supplies for agriculture and the care of feeding of animals, and related goods and services including related seasonal sales and related equipment rental.
“GAS STATION” means a use providing for the retail sale and storage of petroleum products and other fuels, energy charging, lubricating oils and products related to the operation of a motor vehicle and may include a convenience store.
“GENERAL SERVICES” means a use that provides: a) services to individuals or other businesses and is not limited to bank and financial institution, post office, instructional service, film processing, photocopying service, rentals, barber shop or beauty salon; a)b) activities of an accounting, administrative, clerical, consulting, professional or record keeping nature conducted for monetary gain or for benefit of the public; b)c) repair or cleaning services for personal goods or small household goods customarily used within a dwelling unit, including a shoe repair shop or a small appliance repair shop but excludes automobile sales and repairs and offices.
“GOVERNMENT OFFICE” means a use that provides for conducting government business, services and activities and related public services and activities, such as within offices, meeting rooms or Council chambers.
“GRADE, AVERAGE” means the measurement around the perimeter of the building or structure at or directly above or below the outermost projection of the exterior walls. See Section 3.12
“GRADE, FINISHED” means the ground level after any changes to natural grade due to construction, placement of fill, or removal of soil
“GRADE, NATURAL” means the natural undisturbed ground level formed without human intervention.
“GREENHOUSE” means a structure covered with translucent material, used for the purpose of growing plants, and is of sufficient size for persons to work within the structure.
“GROUP MOORAGE FACILITY” means a moorage that consists of one or more floats on the surface of the water, that is affixed to the sea bed and that may be connected to the shoreline by means of a
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Page 101 of 386 gangway, that is used as a landing or wharfing space for pleasure craft used or maintained in association with the use of two or more residences on a lot, two or more upland residential properties, or an association with a shared interest in an upland property, and that may include an accessory pier structure and boat lift.
“GUEST HOUSE” means a use that provides for overnight guest accommodation for transient paying guests, and may include a communal dining room, kitchen facility, the provision of accessory group meetings/courses/workshops, recreational facilities, and a dwelling unit for the owner‐operator or staff and their owner‐operator’s family.
“ha. or ha” means hectare(s).
“HABITABLE” means capable of being used as a dwelling or dwelling unit.
“HARD SURFACE” means a durable, dust free surface constructed of fines, compacted crushed gravel, porous pavers or similar material that is permeable to water, or is an asphalt or concrete surface that is impermeable to water together with oil separators and catchment basins developed in accordance with good engineering practice.
“HEALTH AND WELLNESS CENTRE” means a use providing facilities for the operation of spiritual, cultural, education, and wellness programs for single‐day or in‐residence guest use, and may include shared kitchen and eating area; meeting areas; bathrooms; and accessory buildings.
“HEIGHT” means for the purposes of buildings, the vertical distance from the lower of average natural grade or average finished grade, to: a) the highest point of a building with a flat roof (See Figure 1‐3); b) the mean height line between the highest point of the building and the ceiling immediately below for buildings with pitched or shed roofs and attic space (See Figure 1‐4); c) the mean height line between the peak and a point 2.44 metres above the immediate floor below for buildings with pitched or shed roofs without ceilings (See Figure 1‐5); or d) the highest point of the flat roof or to the midpoint of the projected peak of the pitched or shed roof, whichever is higher, for buildings with roofs composed of a combination of pitched and flat elements (See Figure 1‐6).
“HEIGHT” means for the purposes of structures, the vertical distance from the lower of average the natural grade or average the finished grade to the highest point of the structure. See Figure 1‐3 – 1‐6.
“HIGH WATER MARK or HWM” means where the presence and action of water are so common and so long continued in all ordinary years as to mark upon the soil or rock of the bed of the body of water a character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself, as defined in Section 1 of the Land Act, or a surveyed high watermark identified on the plan of subdivision most recently registered in the Land Title Office, or the plan accompanying the instrument conveying crown land in fee simple. In a dispute, a new plan prepared by a BC Land Surveyor shall prevail.
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Page 102 of 386 “HIGHWAY” means the surveyed right of way for a road and includes access routes in bare land strata plans.
“HOME OCCUPATION” means an occupation carried on for remuneration that is accessory to the residential use of a dwelling unit.
“HORTICULTURE” means growing of fruits, vegetables, flowers or ornamental plants for resale.
“INDOOR ENTERTAINMENT FACILITY” means a use conducted primarily indoors, including a performing arts facility, auditorium, studio, movie theatre, arena, bowling alley, curling rink, fitness club, gymnasium, indoor skating rink, racquet court, swimming pool, and other similar types of indoor entertainment and recreational uses, and can include a refreshment facility for the patrons of the facility, but excludes an amusement arcade..
“INDOOR RECREATION FACILITY” means a use conducted primarily indoors, including but not limited to an arena, bowling alley, curling rink, fitness club, gymnasium, indoor skating rink, racquet court, swimming pool and other similar types of indoor recreational uses, and can include a refreshment facility for the patrons of the facility, but excludes an amusement arcade.
“INN” means a building or group of buildings that may contain sleeping accommodation, a small kitchen area with limited cooking facilities such as a microwave oven, bathrooms, meeting rooms, dining room and kitchen facilities, recreational facilities, and a residential dwelling unit for staff.
“INTENSIVE AGRICULTURE” means for the purpose of this bylaw any of the following uses: commercial manure based mushroom cultivation; aquaculture; the keeping of livestock in a pasture, at densities higher than its carrying capacity, and adjacent confinement area.
“KENNEL” means any building or structure, compound, group of pens or cages or lot in which three (3) or more dogs or cats which for monetary gain are or are intended to be trained, cared for, bred, boarded or kept.
“KITCHEN” means a room or area of a room, other than a Limited Kitchen Facility, in a building that is equipped or constructed so as to be capable of being equipped for activities related to the preparation and cooking of food.
“LAND BASED MARINA FACILITIES” means the use of the upland adjacent to a marina for marina offices; retail use associated with a marina such as convenience foods, ice, fishing tackle, basic marine equipment and supplies, primarily locally‐produced crafts; take‐out food; laundromat or laundering facilities, showers and restrooms; boat and/or bicycle rentals.
“LEAVE STRIP” and “LEAVE AREA” means the area along a water body that is to be left in an undisturbed state, throughout and after development, for the purpose of protecting aquatic and riparian habitat, water resources or slope stability.
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Page 103 of 386 “LIGHT MANUFACTURING” means a use providing for the processing, fabricating, assembly, storing, transporting, distributing, wholesaling, testing, servicing, repairing, or repurposing of goods, materials, or things. This use excludes bulk gas and fuel loading and fuel storage facilities.
“LIMITED KITCHEN FACILITIES” means an area within the guest rooms of sleeping accommodation that is equipped or capable of being equipped with plug‐in countertop cooking appliances, a mini fridge, and a small sink for activities related to the preparation and cooking of food.
“LIVE‐ABOARD” means the use of a vessel with an enclosed cabin as a dwelling unit.
“LIVE/WORK UNIT” means a single unit, designed for and consisting of both artisan and/or office general servicesuse and a residential dwelling unit component, where both spaces are occupied by the same person and the dwelling component is the primary dwelling of the occupant.
“LIVING AREA” means rooms or areas within a dwelling that provide space for activities that typically take place in a living room, den, rec. room or similar type of room or area.
“LOT” means the smallest unit in which land is designated as a separate and distinct entity on a legally recorded plan or description filed in the Land Title Office and includes a strata lot registered under the Strata Property Act.
“LOT AREA” means the total horizontal area within the lot lines.
“LOT COVERAGE” means the percentage or area of the lot area covered by buildings and structures over 0.6 metres in height; and excluding eaves to a maximum depth of 1.25 metres.the horizontal footprint of all buildings and structures, including accessory buildings or structures.
“LOT DEPTH” means the measurement from the front lot line to the rear lot line measured from a line connecting the centre point of the front lot line to the centre point of the rear lot line.
“LOT LINE” means any boundary of a lot and in particular:
“Front Lot line” means the shortest lot line common to the lot and a highway and where there is more than one lot line common to the lot and the highway, the shortest of these lines that is greater than 20 metres in length shall be considered the front lot line, and where a lot is split by a highway each portion of the lot shall have a front lot line;
“Exterior Side Lot line” means a lot line or lines not being the front or rear lot line and common to the lot and a highway;
“Interior Side Lot line” means any lot line that is not a front, exterior side or rear lot line;
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Page 104 of 386 “Rear lot line” means a lot line or lines opposite to and most distant from the front lot line or where the rear portion of the lot is bounded by intersecting exterior side or interior lot lines it shall be the point of such intersection.
(See Figure 1‐7)
“m. or m” means metre(s).
“MARINA” means the commercial use of a water area for moorage, docking, berthage, storage, launching, rental, servicing, maintenance and repair of vessels, marine fuel supplies, tackle and convenience food sales, and includes the installation and use of sewage pump‐out facilities, floats, wharves, docks, piers, ramps, floating breakwaters and walkways.
“Max.” means maximum.
“Min.” means minimum.
“MEDICAL CLINIC” means a use providing for the care of sick, injured, or aged, including a medical, dental, physiotherapy or similar practice run by one or several practitioners and including accessoryfor in‐patient and/or out‐patient services, emergency care, medical services, therapy, mental services, laboratory and other accessory facilities.
“MINI‐STORAGE” means accessory units a maximum floor area of 30 square metres per unit For the purpose of storing nonhazardous possessions indoors.
“MOORAGE” means the tying of a vessel to a wharf, buoy or a similar object that is anchored to the bed of the sea.
“MUNICIPAL HALL” means a use that provides for conducting local government business, services and activities and related public services and activities, within offices, meeting rooms or Council chambers.
“NATURAL BOUNDARY, SEA” means the visible high watermark of the sea.
“NATURAL BOUNDARY, LAKE, WATER RESERVOIR, WATERCOURSE” means the top of the bank or top of the ravine bank of a lake, water reservoir, a watercourse, or other body of water and includes the edge of dormant side channels of any lake, stream, or other body of water.
“NATURAL PARK” means a public park use where areas are protected from development to preserve natural flora and fauna and environmentally sensitive features.
“NEIGHBOURHOOD PARK” means a public park use developed as a focal point for outdoor neighbourhood activities.
“OFFENSIVE USES” means all uses which introduce or produce malodorous, toxic or noxious matters, or generate excessive vibration, heat, glare, noise, or radiation beyond the boundaries of the lot upon which such operation is located; and the manufacture of hazardous substances.
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“OFFICE” means a location where activities of an accounting, administrative, clerical, consulting, professional or record keeping nature are conducted for monetary gain or for benefit of the public but excludes general services.
“OPEN SPACE” means land maintained in its natural state to preserve natural flora and fauna and environmentally sensitive features and to provide greenbelts and greenways, without the use of buildings and structures, and does not include assembly use.
“OUTDOOR RECREATION FACILITY” means playing fields, tennis courts, equestrian centre or stable, golf course, nature interpretation facility, outdoor pools, and other similar types of outdoor recreational uses.
“PANHANDLE LOT” means a lot that fronts on a highway by means of a strip of land that is narrower than the main portion of the lot.
“PARCEL” means the smallest unit in which land is designated as a separate and distinct parcel on a legally recorded plan or description filed in the Land Title Office, except that the total area of land in a Bare Land Strata Plan registered under the Strata Property Act shall be considered a parcel.
“PARKING AREA” means an area of land, other than a highway, used for access to and parking of vehicles in parking spaces.
“PARKING SPACE” means a space within a building or parking area, for the parking of one vehicle, excluding commercial parking area access aisles and ramps. It may also include electrical vehicle charging.
“PERSONAL CARE HOME” means a licensed facility providing for the care, recreational needs and rehabilitation of the disabled, sick, injured or aged and includes private hospitals, convalescent homes, nursing homes and rest homes.
“PERSONAL WATERCRAFT” means a vessel less than 4.6 metres in length that is propelled by machinery such as a propeller or jet pump and is designed to be operated by a person standing, kneeling, or sitting on the vessel, rather than standing, kneeling or sitting inside the vessel.
“PORTABLE SAW MILL” means the use of saw mill that is capable of being moved, typically by hitching the saw mill to a motor vehicle.
“POTABLE WATER” means water that meets standards set by a provincial or federal regulatory authority as safe to drink and fit for domestic purposes.
“PRINCIPAL” means primary and most important.
“PRINCIPAL BUILDING” means buildings or structures that contain a principal use of the lot.
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Page 106 of 386 “PRIVATE MOORAGE FACILITY” means a float on the surface of the water that is affixed to the sea bed, that may be connected to the shoreline by means of a gangway, that is used as a landing or wharfing space for pleasure craft in association with the use of a single lot of adjacent upland residential property, and that may include an accessory pier structure and boat lift.
“PRIVATE UTILITY” means a utility other than a public utility.
“PRODUCE STAND” means a portable structure used for the sale of locally grown agricultural or horticultural products.
“PROPERTY LINE PROJECTION” means a straight‐line projecting from the lot lines of a property which are perpendicular to the shoreline, drawn in a straight line from the two corners of the property most distant from the sea to the two corners of the property at the high‐water mark and extending seaward.
“PUB” means a use where liquor is sold by the glass or bottle for immediate consumption and can include entertainment, food service and beer and wine off‐sale, subject to licensing under the Liquor Control and Licensing Act.
“PUBLIC COMMUNITY FACILITY” means a public amenity venue, including public libraries, museums, art galleries, theatres, and similar arts and cultural venues.
“PUBLIC UTILITY” means a system, work, building, plant, equipment or resource supplying the public‐at‐ large with some essential commodity or service, such as the provision of water, gas, electricity or power, or sewer, drainage, transportation or telecommunication services.
“PUBLIC WORKS YARD” means the use of a lot for the storage of equipment, materials and supplies used for maintaining works owned or operated by Bowen Island Municipality or its contractors or another public agency or its contractors, and for the repair and maintenance of related vehicles, machinery, facilities and works.
“QUALIFIED PROFESSIONAL” means an applied scientist or technologist, acting alone or together with another qualified professional on behalf of the applicant or the Bowen Island Municipality. He or she must be registered and in good standing in British Columbia with an appropriate professional organization constituted under an Act, practicing under that association’s code of ethics and subject to disciplinary action by that association. The applicable professional may be a professional Biologist, Agrologist, Forester, Geoscientist, Engineer, Arborist or Technologist, as appropriate. The individual’s area of expertise must be recognized by Bowen Island Municipality as one that is acceptable for the purpose of providing all or part of an evaluation report in respect of the particular development proposal that is under consideration.
“RECOVERY CARE HOUSING” means a use for in‐residence guests of a Health and Wellness Centre, and may include sleeping accommodations in single or multiple buildings, including overnight guest facilities and shared eating facilities; and one dwelling for the manager of the centre.
“RECREATION, TRAINING AND MEETING CENTRE” means a use providing recreation, training and meeting facilities for the care and rehabilitation of persons with disabilities in single or multiple
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“RETAINING WALL” means a vertical structure constructed to hold back rock or soil.
“RESIDENTIAL GUEST ACCOMMODATION” means an accessory use of a dwelling unit, or a portion of one, that is ordinarily occupied as a residence, as temporary accommodation for a paying guest for a period of less than 30 consecutive days, and for clarity does not include a bed and breakfast, commercial guest accommodation, guest house, inn, or retreat centre.
“RESTAURANT” means a use where food and beverages are prepared and sold to the public primarily for immediate consumption and may include the serving of alcoholic beverages to a person without a meal, as regulated by the Liquor Control and Licensing Act.
“RETAIL” means a use within a building or on an associated lot where goods are offered or kept for sale or rental to the public.
“RETREAT CENTRE” means a use that provides for the operation of spiritual, cultural or educational indoor or outdoor programs for single‐day or in‐residence guest use, and may include sleeping accommodation for a maximum of 40 in‐residence guests in a single building or cabins; one shared kitchen and eating area; meeting areas; bathrooms; accommodation for staff; one residence for the manager or owner of the retreat centre; and accessory buildings.
“SECONDARY SUITE” means a self‐contained dwelling unit that is secondary, incidental and associated with a primary dwelling located within the same building.
“SECONDARY SUITE, DETACHED” means a self‐contained dwelling unit, located within an accessory building, that is secondary, incidental and associated with a primary detached dwelling on the same lot.
“SERVICE STATION” means premises used principally for the servicing of motor vehicles and the retail sale of lubricating oils and motor vehicle accessories, and may include a convenience store, outdoor storage of up to three vehicles for sale, and the sale of vehicles but shall not exclusively be a body shop that does frame repairs, body repairs, or painting.
“SETBACK” means the required minimum horizontal distance between a building or structure or use and each of the respective lot lines or the high‐water mark of the sea, lake or watercourse. See Figure 1‐8.
“SIGN” means any identification, description, illustration or device, illuminated or unilluminated, whether or not containing words or symbols, which is visible from any public street and which directs attention to a product, place, activity, person, institution, business or other solicitation, and includes any temporary or permanent installation;means any structure which through any medium or device is used to attract attention for advertising information or identification and is visible from any street or lot other than the lot on which the sign is located.
“SLEEPING AREA” means a bedroom or other area used for sleeping.
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Page 108 of 386 “SPILL MANAGEMENT PLAN” means for the purpose of this Bylaw a plan for the control and minimization of damage to life, property, or the environment from any form of hazardous materials.
“STORAGE AND WAREHOUSE” means a building or buildings with one or more separate units for the sole purpose of storing nonhazardous possessions indoors.
“STREET” means the constructed surface installed in a highway for the passage of vehicular traffic.
“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 materialsconstruction less than 0.6 metres in height.
“SUBDIVISION” means subdivision as defined in the Land Title Act or under the Strata Property Act.
“SUMMER CAMP” means a non‐profit camping establishment that is occupied by participants of its programs on a temporary basis only.
“SUPPORTIVE HOUSING” means a use that provides communal occupancy where each resident may have a house‐keeping unit with an ensuite bathroom and kitchenette, and may include shared living, cooking and dining areas. One separate suite including a kitchen may be provided for resident staff.
“SUSTAINABLE USE OF NATURAL RESOURCES” means the use of renewable natural resources at a rate that does not exceed the resource’s capacity for regeneration, does not impair the resource’s ecological functions and services, and does not jeopardize the ability of future generations at the same location to enjoy the resource in equal abundance. Sustainable use includes, for example, planting to replace the trees or other vegetation that is harvested or otherwise removed.
“TOP OF THE BANK” means: (a) the point closest to the boundary of the active floodplain of a stream where a break in the slope of land occurs such that the grade beyond the break is flatter than 3:1 at any point for a minimum distance of 15 metres measured perpendicularly from the break, and (b) for a floodplain area not contained in a ravine, the edge of the active floodplain of a stream where the slope of the land beyond the edge is flatter than 3:1 at any point for a minimum distance of 15 metres measured perpendicularly from the edge.
“TOP OF THE RAVINE BANK” means the first significant break in a ravine slope where the break occurs such that the grade beyond the break is flatter than 3:1 for a minimum distance of 15 metres measured perpendicularly from the break, and the break does not include a bench within the ravine that could be developed. For the purpose of this definition ravine means a narrow, steep sided valley that is commonly eroded by running water and with slope grades greater than 3:1.
“TOWNHOUSE DWELLING” means residential use of a building comprised of three or more dwelling units separated from one another by party walls extending from foundations to roof, each of which has a separate exterior entrance at grade and shares no more than two party walls with adjacent dwelling units.
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Page 109 of 386 “TRANSFER STATION” means a use where solid waste is temporarily stored and sorted.
“USE” means the purpose or activity for which any lot, parcel, tract of land, building or structure is designed, arranged, or intended or occupied or maintained.
“VEHICLE REPAIR GARAGE” means a use in a building providing repair, service and inspection of automobile vehicles including cars, light trucks and community public transportation, and accessory product storage and sales. Vehicle sales, frame repairs, body repairs or painting or other similar industrial type of work are not permitted.
“VESSEL” means any type of watercraft, not including personal watercraft, regardless of the method of propulsion.
“VINEYARD” means the use of land, buildings or structures for the growing of grapes or other fruits and berries for the production of wine from grapes or other fruits and berries at a winery located on the lot where the grapes or other fruits and berries are grown, or for commercial wholesale.
“WATER RESERVOIR” means a natural or man‐made body of water that is managed for water supply where water can include domestic water and water for other purposes such as stream flow enhancement, fire fighting, livestock watering and aquaculture.
“WATER RESOURCE PROTECTION AREA” means an area adjacent to a watercourse, lake, pond, wetland, spring or well that links to drinking or irrigation or other approved water supplies and includes both existing and potential sources, aquifers, riparian vegetation and existing and potential upland vegetation that exert an influence on the water supply, the width of which includes the water source and the area measured: a. perpendicularly and horizontally: i. from the high‐water mark of a watercourse that is not in a ravine to a distance of 30 metres from the top of bank of a watercourse; ii. from the high‐water mark of a watercourse in a ravine less than 60 metres wide, to a distance of 30 metres beyond the top of the ravine bank; or iii. from the high‐water mark of a watercourse in a ravine that is 60 metres wide or greater to a distance of 10 metres beyond the top of the ravine bank; b. from the normal high‐water mark of a lake, pond, wetland or spring to a distance of 30 metres; c. from a surface water intake to a distance of 30 metres measured up‐gradient from the intake and no closer than 5 m down‐gradient or the top of bank of a watercourse; and d. for all other surface water bodies used for water supply, an area encompassing the water body and a strip 30 metres around the water body measured from the natural boundary of the water body.
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Page 110 of 386 “WATER WORKS SYSTEM” means a system of water supply including its source, treatment, storage, transmission and distribution facilities, where water is furnished or offered for domestic purposes, but does not include a water supply serving only one dwelling.
“WATERCOURSE” means any natural or man‐made depression with well defined banks and a bed 0.6 metres or more below the surrounding landartificial channel through which water flows seasonally or permanently and may include a ditch connected by surface flow to another watercourse or body of water, a natural stream, or a channelized stream, serving to give direction to a current of water at least six months of the year, or having a drainage area of two (2) square kilometres or more upstream from the point of consideration, and, but excludes a constructed ditch.
“WETLAND” means land that is inundated or saturated by surface water or ground water of frequency and duration sufficient to support vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, fens, estuaries and similar areas that are not part of the active floodplain of a stream.
“WHOLESALE” means a use where goods are kept or offered for sale to retailers, other businesses, or other wholesalers.
“WINERY” means the use of buildings and structures for the production of wine, at a winery facility licensed by the Liquor Control & Cannabis Regulationand Licensing Branch, where at least 50% of the wine production comes from grapes grown at the vineyard on the same lot, or from another lot which is part of the same vineyard business. Imported British Columbia grapes used in the winery shall be limited to no more than 50% of wine production. A winery may include winery tours, wine tasting, wine sales, and the sale of winery promotional products
“WOOD PROCESSING” means the milling, shaping, and finishing of wood products, excluding the production of sawdust or mulch other than as incidental by‐products resulting from the production of other wood products.
“ZONE” means a zone as established by this Bylaw.
NUMBERING
1.2 In the numbering system used in this Bylaw, the first number indicates parts of the Bylaw, the second number indicates Sections, the third indicates Subsections as follows:
8. Part 8.1 Section 8.1.1 Subsection
DESCRIPTION OF LAND
1.3 All descriptions of land used in this Bylaw are descriptions of land within the area of application as described in Section 2.1 of this Bylaw, all within Group 1, New Westminster District.
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INFORMATION NOTES
1.4 Where a paragraph or sentence in this Bylaw is written in italics and is preceded by the words “Information Note”, the contents of the paragraph or sentence are provided only to assist in understanding of the Bylaw and do not form a part of the Bylaw.
FIGURES
1.5 Figures 1‐1 to 1‐9 are provided for the convenience of the reader.
Figure 1‐1 Average Finished Grade
Figure 1‐2 Average Natural Grade
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Figure 1‐3 Height – Flat Roof
Figure 1‐4 Height – Pitched Roof with Attic Space
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Figure 1‐5 Height – Pitched Roof without Ceilings
Figure 1‐6 Height – Combination of Pitched and Flat Elements
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Figure 1‐7 Illustration of Lot Lines
Figure 1‐8 Measurement of Setback
LOT LINE OR HWM
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PART1B 2 — ADMINISTRATION
APPLICATION
2.1 This Bylaw applies to all land, including the surface of water, buildings and structures within the boundaries of the Bowen Island Municipality as shown on the map in Schedule “B,” Land Use Bylaw Map.
CONFORMITY
2.2 No person shall use or permit land, including the surface of water, buildings, and structures to be used except as specifically permitted in this Bylaw.
2.3 Any existing lot that is less than the minimum lot area specified for the applicable zone may be used for any use permitted in that zone unless otherwise specified in this Bylaw.
2.4 No person shall subdivide land except as specifically permitted in this Bylaw.
2.5 No person shall construct, reconstruct, place, alter, extend or use any building, structure, or sign except as specifically permitted in this Bylaw.
COVENANTS AGAINST BUILDING, SUBDIVISION AND USE
2.6 Where an owner of land is required by Bowen Island Municipality or volunteers to grant a covenant restricting development, subdivision, or the use of land, the covenant shall be granted to the Municipality and parties thereto in priority to all financial charges, and it shall be delivered in a form satisfactory to the Municipality prior to the granting of approval or authorization in respect of which the covenant is required.
2.7 The covenant shall include a provision that the covenantor shall indemnify the Municipality in respect of any fees or expenses the Municipality may incur as a result of a breach of the covenant by the covenantor.
2.8 If a covenant registered on the title of a parcellot, where the covenant was a requirement of the Municipality or its predecessor and the Municipality is a grantee, provides regulations with respect to the subdivision of land or the use of land, buildings or structures on that parcellot, and the regulations contained in the covenant are more restrictive than the regulations contained in this Bylaw, the regulations contained in the covenant shall prevail.
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Page 117 of 386 INSPECTION
2.9 Any officer, employee or contractor of the Bowen Island Municipality is hereby authorized to enter, during normal working hours on any day of the work week, any lot that is subject to the regulations under this Bylaw to ascertain whether there is compliance with the provisions of this Bylaw and to evaluate site specific circumstances for the purposes of development application processing.
VIOLATION
2.10 Every person who:
2.10.1 violates any of the provisions of this Bylaw; 2.10.2 causes or permits any act or thing to be done in contravention or violation of any of the provisions of this Bylaw; 2.10.3 neglects or omits to do anything required under this Bylaw; 2.10.4 carries out, causes or permits to be carried out any development in a manner prohibited by or contrary to any of the provisions of this Bylaw; 2.10.5 fails to comply with an order, direction or notice given under this Bylaw; 2.10.6 prevents or obstructs or attempts to prevent or obstruct the entry of those authorized under Section 2.10,
shall be deemed to have committed an offence under this Bylaw.
OFFENCE
2.11 Each day’s continuance of an offence under Section 2.10 constitutes a new and distinct offence.
PENALTY
2.12 Every person who commits an offence under this Bylaw, is liable, on summary conviction, to a penalty not exceeding Two Thousand Dollars ($2,000) plus the costs of prosecution.
SEVERABILITY
2.13 If any provision of this Bylaw is for any reason held to be invalid by a decision of any Court of competent jurisdiction, the invalid provision must be severed from the Bylaw and the decision that such provision is invalid must not affect the validity of the remaining provisions of the Bylaw.
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Page 118 of 386 OWNER’S COSTS
2.14 If any provision of this Bylaw requires a report, study or plan or similar item to be prepared, unless otherwise stated, the owner shall pay all costs.
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PART2B 3 – GENERAL REGULATIONS
APPLICABILITY
3.1 Part 3 applies to all zones established under this Bylaw, except as otherwise specifically stated in this Bylaw.
USES PERMITTED IN ALL ZONES
3.2 Unless otherwise stated in this Bylaw, the following uses are permitted in all zones except Ecological Reserve (G1), Environmentally Sensitive (G2) and Drinking Water (WP 1) Zones:
.1 Bicycle paths, equestrian trails, pedestrian trails or board walks, educational interpretive signage, open space, natural parks other than playgrounds and playing fields; .2 Parks and recreation programs offered by the Bowen Island Parks and Recreation Commission; .3 Public utility or private utility;
.4 Highways;
.5 Water storage, pumping and treatmentWater Works Systems;
.6 Erosion control; and
.7 Short‐term milling of timber grown on the lot for use on the lot by a portable saw mill subject to terms and conditions established by business licence or other municipal regulation.
PROHIBITED USES OF LAND, BUILDINGS AND STRUCTURES
3.3 The following uses are prohibited in all zones, except as otherwise specifically stated in this Bylaw:
.1 Airports, hovercraft ports or heliports except where necessary for emergency services or to service public utilities; .21 Campgrounds for recreational vehicles and trailer parks; .32 Manufactured home parks; .43 Offensive uses; .54 Rental of personal watercraft, all terrain vehicles, or motorcycles;
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Page 120 of 386 .65 A use located partially or totally in a tent trailer, motor home, camper, or other recreation vehicle, without a permanent foundation or permanent service connection, except when a tent trailer, motor home or camper, or other recreation vehicle: - is otherwise permitted by this Bylaw; or - is used for temporary sleeping accommodation for non‐paying visitors on a residential lot for a period not exceeding 90 days in any 360‐day period. .76 Destination casinos and commercial bingo halls; .87 Disposal of sewage and/or solid waste or green waste generated outside of the boundaries of the Municipality, except for disposal in marina pump‐out facilities; .98 Wrecking or storage of more than one derelict vehicle on a lot; .109 Intensive agriculture, except on land located within the Agricultural Land Reserve; and .1110 Dwelling use of common property within a bare land strata plan. .1211 The cultivation, production, packaging, storage, distribution, dispensing, trading or selling of cannabis is prohibited in all zones except: (a) as a farm use permitted by the Agricultural Land Commission Act Regulations and Policies within the Agricultural Land Reserve; or (b) within a dwelling as specifically permitted under federal legislation; (c) as specifically permitted for medical purposes by Health Canada; or (d) as expressly and specifically permitted as a use within a commercial, industrial, or comprehensive development zone.
CONFIRMATION OF LAWFUL USE AND SITING
3.4 The use and siting of buildings or structures which exist at the time of adoption of this Bylaw, and are a continuation of uses and sitings which: .1 were lawful under a former Zoning or Subdivision Bylaw, or .2 were lawful at the time of enactment of a former Zoning or Subdivision Bylaw, are, notwithstanding any other provision of this Bylaw, constituted conforming uses and sitings under this Bylaw. 3.5 Any changes to uses and sitings described in Section 3.4, must meet the provisions of this Bylaw.
RELATIONSHIP TO THE PROVINCIAL AGRICULTURAL LAND RESERVE
3.6 Where land is in the Provincial Agricultural Land Reserve, farm use is a permitted use.
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Page 121 of 386
3.7 Where land is in the Provincial Agricultural Land Reserve, non‐farm uses permitted within a zone are permitted:
.1 if also approved by the Provincial Agricultural Land Commission by written order and only to the extent provided by the written order, or .2 if also permitted by the Agricultural Land Reserve Use, Subdivision and Procedure Regulation in force November 1, 2002 and only to the extent permitted by this Bylaw.
NUMBER OF DWELLINGS ON A LOT AND DWELLING USE
3.8 Not more than one (1) dwelling shall be permitted on any lot that allows a residential use unless provided for by specific regulation in this Bylaw.
3.9 Despite Subsection 3.3.6, where a building permit has been issued for the construction of a building or structure for a permitted use, the owner or builder may use one travel trailer or camper on the lot for temporary accommodation during the construction, for a period not to exceed one year from the date of issuance of the building permit, subject to approval of the sewage disposal system by the Medical Health Officer.
SITING REQUIREMENTS FOR STRATA AND BARE LAND STRATA LOTS
3.10 Siting regulations under this Bylaw also apply to bare land strata lots.
3.11 The siting requirements of this Bylaw shall not apply in relation to interior side lot lines on which a common wall is to be constructed.
AVERAGE GRADE CALCULATING FOR BUILDING HEIGHT
3.12 1 Average grade (natural and finished) is measured around the perimeter of a building at or directly above the outermost projections of the exterior walls. A deck attached to a building is not considered in determining the perimeter. 2. The lower of the average natural grade or average finished grade, each calculated separately, will be used in building height and floor area ratio calculations. 3. To calculate the average finished grade and natural grade for the building: a. calculate the average grade elevation for each wall section having a constant grade along the finished and natural wall section by dividing the grade elevation at each end by 2 [(grade ‘x’ + grade ‘y’) ÷ 2 = average], then multiply this average grade elevation by the length of that wall section; b. add the resulting numbers for each section of wall; c. divide this total number by the total perimeter wall length of the building. This will be the average grade, natural or finished.
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Page 122 of 386 4. Where the undisturbed ground level of natural grade cannot be ascertained because of existing landscaping, buildings or structures, and appears to have been significantly altered, the level of natural grade shall be determined by the Municipal Building Inspector, who may rely on the professional opinion of a British Columbia Land Surveyor on the determination of natural grade at the cost of the property owner
ACCESSORY BUILDINGS OR STRUCTURES
3.13 The total floor area of all buildings used for a use accessory to a dwelling use must not exceed the requirement set out in Table 3‐1 in respect of the applicable lot area.
Table 3‐1 Dwelling Use Accessory Building Floor Area
Lot Area Dwelling Use Accessory Building Maximum Floor Area
Up to 0.4 ha. 160 square metres Greater than 0.4 ha. to less 4.0% of lot area to a maximum of 400 square metres than 4.0 ha 4.0 ha and greater 4.0% of lot area to a maximum of 1,000 square metres
3.13 No part of any accessory building or structure shall be less than 1.8 metres from the nearest part of any principal building or within 1.2 metres of any part of another accessory building or structure.
3.14 A roadside stand for farm gate sales of locally produced agricultural products accessory to agricultural use that does not exceed 2.5 metres in height and 10 square metres in floor area shall have a minimum setback of 4.6 metres from a highway.
HEIGHT EXCEPTIONS
3.14 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:
.1 chimney; .2 church spire or church belfry; .3 flag pole; .4 hose and fire alarm tower; .5 lighting pole; .6 telephone pole;
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Page 123 of 386 .7 water storage tanks; .8 wind generators; .9 Solar and photovoltaic panels; .10 attic vent; .1011 cupolas; and .1112 buildings and structures accessory to agricultural use.
SETBACKS FROM THE SEA
3.15 No part of a building or structure shall be sited within thirty (30) metres of the natural boundary of the sea unless otherwise provided for in this Bylaw.
Information Note: Variances to this Section can be considered by Municipal Council and given through Development Variance Permit.
3.16 The setback from the natural boundary of the sea for buildings and structures may be reduced based on the following regulations.
.1 to a minimum of 15 metres based on the calculation of the average of the existing setback from the natural boundary of the sea for the principal building on the lot on either side of the subject lot.
.2 to a minimum of 7.5 metres based on the average of the existing setback from the natural boundary of the sea for the principal building on the lots on either side of the subject lot, where the natural boundary of the sea is protected from erosion by natural bedrock as determined in a report under seal of a Professional Geotechnical Engineer or protected from erosion through works designed under seal of a Professional Geotechnical Engineer, subject to a report with recommendations from an environmental consultant confirming that environmental concerns can be adequately addressed. Such reports shall be submitted at the time of application for a development permit or building permit, whichever comes first.
.3 Where the subject lot abuts a vacant lot, a lot without a principal building, or a highway, the existing setback for that vacant lot, that lot without a principal building, or that highway shall be considered to be 30 metres.
.4 An existing setback for a principal building on a lot shall be calculated by measuring the average of the distance between the outermost exterior walls of the principal building, excluding decks, measured from the point where two perimeter walls contact each other and the ground surface, to the natural boundary of the sea.
.5 Existing setbacks shall be determined from a plan signed by a BC Land Surveyor that illustrates the natural boundary of the sea and the existing setback for a principal building on the lots on either side of the subject lot.
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Page 124 of 386 SETBACKS FROM WATERCOURSES, WATER RESERVOIRS, LAKES, WETLANDS & NEST TREES
3.17 No building or structure shall be sited within thirty (30) metres from the natural boundary of any watercourse or wetland unless otherwise provided for in this Bylaw.
.1 Notwithstanding the setback requirement in Section 3.18, buildings or structures may be sited within 30 meters (100 feet) of the natural boundary of any watercourse on land previously zoned Community Water Supply Protection (CWSP) Zone in Bowen Island Zoning Bylaw 36, 1984, provided that a biophysical review prepared by a professional environmental consultant to confirm the necessary environmental protection buffers is undertaken and a covenant and a statutory right of way, pursuant to the Land Title Act, in a form acceptable to the Municipality, and with the Municipality as the holder of the charge, is granted based on such review and is registered on the title to the property that:
a) restricts the removal of vegetation within a specified area along the watercourse; and
b) restricts the siting of buildings, structures, and sewage disposal systems to a particular building envelope on the property,
but in no case shall a building or structure be sited within 15 meters (49.2 feet) of the natural boundary of any watercourse so identified in the covenant.
3.18 No building or structure shall be sited within fifty (50) metres from the natural boundary of any water reservoir or lake unless otherwise provided for in this Bylaw.
.1 Notwithstanding the setback requirement in Section 3.19, buildings or structures may be sited within 50 meters (164 feet) of the natural boundary of any water reservoir or lake on land previously zoned Community Water Supply Protection (CWSP) Zone in Bowen Island Zoning Bylaw 36, 1984, provided that a biophysical review prepared by a professional environmental consultant to confirm the necessary environmental protection buffers is undertaken and a covenant and a statutory right of way, pursuant to the Land Title Act, in a form acceptable to the Municipality, and with the Municipality as the holder of the charge, is granted based on such review and is registered on the title to the property that:
a) restricts the removal of vegetation within a specified area along the water reservoir or lake; and
b) restricts the siting of buildings, structures, and sewage disposal systems to a particular building envelope on the property,
but in no case shall a building or structure be sited within 15 meters (49.2 feet) of the natural boundary of any water reservoir or lake so identified in the covenant.
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Page 125 of 386 3.19 Water works systems may be sited within the required setback from the natural boundary of any watercourse, water reservoir or lake.
3.20 No use, including those uses listed below, shall be conducted within thirty (30) metres of the natural boundary of any watercourse, or fifty (50) metres of the natural boundary of any water reservoir or lake unless otherwise provided for in this Bylaw.
.1 burial or storage of wood chip or sawdust piles greater than 3 cubic metres;
.2 storage of pressure treated wood that is not effectively covered (e.g. minimum requirement is cover by a tarp in good condition)
.3 storage of solid waste, landfill, or derelict vehicles or machines;
.4 keeping of livestock or poultry or storage of agricultural waste;
.5 Storage or repair of automobiles or other vehicles; and
.56 storage or repair of agricultural or industrial machinery.
3.21 No building or structure shall be sited within fifteen (15) metres of a wetland.
3.223.21 New buildings and structures shall be setback a minimum of thirty (30) metres from trees bearing active nests of blue herons, eagles, ospreys, falcons, hawks or owls and vulture roosting trees.
Information Note: Variances to these Sections can be considered by Municipal Council and given through Development Variance Permit or Development Permit.
SETBACK EXCEPTIONS
3.233.22 No building or structure other than the following projections beyond the face of a building may be located in the area of the setback required by this bylaw:
.1 bay windows, chimneys, cornices, eaves, gutters, heating or ventilating equipment, sills, or other similar architectural features to a maximum length of 2.5 metres, provided that they do not project more than 0.6 metres into the required setback;, but such reduction applies only to the projecting feature;
.2 Uncovered and unenclosed projections, such as deckscanopies, sunshades, unenclosed balconies, unenclosed decks, unenclosed stairwells, patios, porches, or terraces provided that they do not project more than 1.25 metres into the required front, side, or rear setback, and to a maximum of 20% of the required side yard setback., but such reduction applies only to the projecting feature; and
.3 roof overhangs and gutters provided that they do not project more than 0.91.0 metres into the required setback, but such reduction only applies to the roof overhang; and.
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Page 126 of 386 .4 Exterior Wall thickness to a maximum length of 0.25 metres where the excluded wall thickness is utilized for the provision of insulating materials and/or for the protection against wind, water, and vapour.
3.243.23 Setback requirements of this Bylaw shall not apply to:
.1 Constructed ditches or constructed drainage ponds for the purpose of diverting underground or weeping tile water flow that does not replace or divert a natural watercourse; or
.2 Self‐contained landscaping ponds to a maximum depth of 1.5 metres at any part of the pond and to a maximum length of 3 metres.
3.26 Stairways and walkways not exceeding a height of 2.0 metres and any landscape screen or vegetation may be sited on any portion of a lot.
3.27 Fences or retaining walls not exceeding a height of 2.5 metres may be sited on any portion of a lot.
3.28 Retaining Walls not exceeding a height of 2.0 metres may be sited on any portion of a lot, subject to setbacks to the sea, lakes, watercourses, wetlands, and highways.
3.273.29 Retaining Walls not exceeding a height of 1.5 metres may be sited on any portion of a lot.
3.283.30 Unless otherwise provided for in this Bylaw, structures not exceeding a height of 0.6 metres, including signs, and parking spaces may be sited on any portion of a lot, except that the siting of sewage disposal systems and fields shall comply with Provincial regulations.
3.293.31 Accessory buildings and structures not exceeding a height of 2.5 metres, not more than 10 sq. m. in horizontal footprint, and not more than 10 sq. m.m2 in floor area may be sited 0 metres from any lot line, subject to setbacks from the sea, lakes, watercourses and wetlands and highways.
VISIBILITY
3.30 No building shall be sited within 4.6 metres of any lot line that abuts a highway, except in the VC 1 and VC 2 zones.
3.313.32 On a corner lot within the triangular space formed by the highway lines and the line joining the points on the highway lines six (6) metres from the point of intersection of the highway lines, no landscape screen, landscaping, fences, building or structure shall be planted or erected to a height greater than 1 metre above the established grade of the highway and less than three (3) metres.
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Page 127 of 386 3.323.33 Utility poles, traffic signs and street signs shall not be considered as structures for the purposes of the above Section.
LANDSCAPE SCREENS
3.333.34 If a landscape screen is required by this Bylaw, it must be provided in the form of:
.1 existing vegetation of the required height that provides a continuous permanent visual screen between the uses being separated; or
.2 a row of drought‐tolerant and deer resistant evergreen plants that will attain the required height, planted and maintained so as to provide a continuous permanent visual screen between the uses being separated.
For the purposes of this Section a continuous permanent visual screen means continuous except for access drives or walks. All vegetation used in a landscape screen shall be maintained in a healthy condition.
HOME OCCUPATIONS
3.343.35 Where permitted within a Zone, home occupation use shall comply with the following regulations:
.1 A home occupation shall be operated by a resident of the dwelling on the lot.
.2 More than one home occupation may be operated in a dwelling on the lot.
.3 A maximum of two (2) employees per dwelling, other than residents of the dwelling shall be permitted to engage in each home occupation on the lot where the home occupation is located. The number of employees engaged in the home occupation off the lot where the home occupation is located is not restricted.
.4 No home occupation shall be permitted if the conduct of the home occupation entails or necessitates any alteration of the exterior of the dwelling that would change the residential appearance of the dwelling.
.5 No outside storage of material or equipment or both shall be permitted unless screened from view by a fence or landscape screen from adjacent lots or streets.
.6 The sale of goods or commodities shall be limited to goods or commodities produced, repaired or modified on the premises, or directly related to the home occupation. Home‐party or direct sales conducted off the premises are permitted.
.7 Bed and breakfast use is limited to four (4) guest bedrooms on lots less than 2 ha, and five (5) guest bedrooms on lots 2 ha and greater.
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Page 128 of 386 .8 Bed and breakfast use may be conducted in the dwelling on the lot and/or accessory buildings. The total floor area of the accessory buildings used for bed and breakfast use shall be no greater than 93 square metres.
.9 In a bed and breakfast a separate kitchen or cooking facilities for use by guests of the bed and breakfast are not permitted, with the exception of limited kitchen facilities.
.10 The following uses shall not be permitted as home occupations and will require the appropriate zoning or temporary use permit:
- Kennel;
- storage of toxic or flammable materials other than those materials required for the production of articles or provision of services in a home occupation;
- chemical manufacturing;
- shake manufacture;
- contractor yards except that two (2) motor vehicles with valid licenses may be parked on the property if it is associated with a contractor business, other business or home occupation;
- portable saw mill;
- welding shop; and
- salvage yard or automobile repair except that one (1) motor vehicle, licensed or not, may be maintained on a property for purposes of repair either as a hobby or home occupation with such repairs to be completed within one (1) year of occupancy the site by the vehicle.
COOKING FACILITIES
3.353.36 In a guest house cooking facilities are not permitted in guest bedrooms.
3.363.37 In a Recreation, Training and Meeting Centre or Conference Centre cooking facilities are not permitted in guest bedrooms.
3.373.38 In a retreat centre cooking facilities are not permitted in bedrooms or cabins.
MINIMUM SERVICE LEVEL
3.38 Where a minimum service level for the creation of new lots by subdivision is not specified or a community water system is not required or proposed, the minimum
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Page 129 of 386 service level shall be individual septic tank and either spring, individual well or surface water licence.
OFF STREET PARKING REGULATIONS
3.39 No land, building or structure shall be used unless the off‐street parking spaces required in Part 5 are provided in accordance with the standards set out in Part 5 in respect of that use, and are maintained at all times.
BUSINESS LICENCE
3.40 Each business and home occupation shall have a valid business licence issued by the Municipality prior to commencement.
SIGN REGULATIONS
3.41 Public traffic signs, public directional signs and public safety signs are permitted in any zone.
3.42 Any commercial, industrial, institutional or civic use shall be permitted up to two signs with a total area not exceeding three (3) square metres.
3.43 Despite Section 3.42,
.1 guest house and retreat centre use shall be permitted one sign not exceeding 1 square metre in area, and
.2 commercial marina use shall be permitted one additional sign not exceeding 1.5 square metres in area and only if the sign is located in a WC 1 zoned area.
3.44 Any residential use shall be permitted one sign with a total area not exceeding one (1) square metre.
3.44 Home occupations shall be permitted a total of one sign not exceeding 0.5 square metre in area.
3.45 One house, building or land “for sale” sign not exceeding 1 square metre in area shall be permitted on a lot.
3.453.46 One sign which advertises or pertains to a temporary business, service, or activity conducted on the lot, not exceeding one (1) square metres in area, shall be permitted on a lot, for a maximum duration of 30 days.
3.463.47 The following types of signs are prohibited in all zones:
.1 any sign that projects over a highway or other public property;
.2 flashing or blinking illuminated signs;
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Page 130 of 386 .3 signs with moving parts;
.4 signs that make any noise calculated to attract attention to the sign;
.5 signs that are illuminated by a floodlight or spotlight such that the light from the floodlight or spotlight shines directly into the path of oncoming motor vehicle traffic;
.6 any sign which advertises or pertains to a business, service, or activity which has been discontinued for thirty (30) days or more;
.7 any sign which advertises or pertains to a commercial use not conducted on the same lot as the location of the sign.
3.47 Any signs for purposes of building numbering or to illustrate a site plan where there is more than one dwelling unit on the lot shall be in accordance with the requirements of “Bowen Island Municipality Building Numbering Regulatory Bylaw No. 25, 2000”.
SUBDIVISION REGULATIONS
3.48 Lands located within Bowen Island Municipality shall not be subdivided except in accordance with the regulations set out in Part 6 and the lot regulations set out in this Bylaw.
ENFORCEMENT OF DENSITY REGULATIONS
3.49 If a building permit application for a dwelling is made in respect of a lot on which this Bylaw permits the construction of more than one dwelling, the applicant must provide to the Municipality a plan signed by a BC Land Surveyor showing the location on the lot of all existing dwellings, the lot coverage of each dwelling, and indicating the area of the lot.
3.50 Where only one dwelling is permitted on a lot, no occupancy permit for a second dwelling on a lot shall be issued where another building or structure on the lot has been used or constructed to be able to be used as a dwelling, unless the building or structure is first made to be not habitable.
ENFORCEMENT OF SITING REGULATIONS
3.51 Every applicant for a building permit must provide to the building inspector a plan signed by a BC Land Surveyor showing the location on the lot of all existing and proposed buildings, structures and sewage absorption fields in relation to lot and zone boundaries, watercourses, wells and the sea, and in relation to other buildings on the lot, unless the building inspector determines that the provision of such a plan is not reasonably necessary to establish that proposed buildings, structures and sewage absorption fields comply with the siting requirements of this Bylaw.
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Page 131 of 386 3.52 Every applicant for a development permit or a development variance permit must provide a plan signed by a BC Land Surveyor showing the location on the lot of all existing and proposed buildings, structures and sewage absorption fields in relation to lot and zone boundaries, natural boundaries of lakes, watercourses, wetlands, and the sea, wells, and other buildings on the lot, unless the Municipality determines that the provision of such a plan is not reasonably necessary to establish that proposed buildings, structures and sewage absorption fields comply with the siting requirements of this Bylaw.
DEVELOPMENT PERMITS
3.53 Lands located within a development permit area as designated in Bowen Island Official Community Plan Bylaw No. 139, 1995 shall not be subdivided or developed except in accordance with the guidelines set out in Part 7 and the requirements, conditions or standards issued by development permit.
ACCESSORY RESIDENTIAL USE
3.54 Where permitted in a zone, an accessory residential use shall comply with the following regulations:
.1 not more than one (1) accessory residential use shall be permitted on a lot;
.2 in addition to the parking requirements set out in Part 5 of this Bylaw, at least one parking space must be provided on the lot for each secondary suite or detached secondary suite;
.3 a detached secondary suite shall not exceed a total floor area of 65 square metres plus 0.625% of lot area to a maximum of 115 square metres;
.4 the minimum size of lot on which a detached secondary suite may be located is 0.36 hectares; and
.5 a secondary suite shall not exceed a total floor area of 90 square metres.
3.55 Subject to the exemptions set out in Section 7.6 of this Bylaw, a development permit shall be required for the construction of, addition to or alteration of a detached secondary suite in those areas of Bowen Island designated under Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010 as Detached Secondary Suite Permit Area and the issuance of such a development permit shall be subject to the guidelines set out in Section 7.6 of this Bylaw;
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Page 132 of 386 RESIDENTIAL GUEST ACCOMMODATION
3.56 Where permitted in a zone, a dwelling unit must not be used as a residential guest accommodation: 1. for more than 120 days in total any calendar year;
2. by more than two adults per bedroom in the residential guest accommodation during any rental period, or
3. for more than one booking at a time.
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Page 133 of 386
PART3B 4 – ZONE REGULATIONS
ESTABLISHMENT OF ZONES
4.A The area within the boundaries of Bowen Island Municipality is to be divided into the zones identified in Column I and described in Column II of Table 4‐1.
TABLE 4‐1 Designation of Zones
Column I Column II Zones Title Description RR 1 Rural Residential 1 RR 2 Rural Residential 2 RR 3 Rural Residential 3 RC 1 Rural Commercial 1 (Garden Centre) RC 2 Rural Commercial 2 (Retreat Centre) TC 1 Tourist Commercial 1 (Guest House) II Island Institutional SI Settlement Institutional Ci Island Civic SR 1 Settlement Residential 1 SR 2 Settlement Residential 2 VR 1 Village Residential 1 (Detached Housing) VR 2 Village Residential 2 (Attached Housing) VC 1 Village Commercial 1 VC 2 Village Commercial 2 (Marina Upland) VI Village Institutional VCi Village Civic IM Industrial Medium IC Industrial Commercial
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Page 134 of 386 Column I Column II Zones Title Description G1 Ecological Reserve G2 Environmentally Sensitive G3 Natural Areas/Watersheds P1 Passive Park P2 Multi‐Use Activity Park P3 Neighbourhood Park P4 Natural Park WP 1 Drinking Water WP 2 Natural Water Park WG 1 Water General 1 (Coastal) WC 1 Water Commercial 1 (Marina) WCi Water Civic CD 1 Comprehensive Development 1 (Artisan Square) CD 2 Comprehensive Development 2 (Cates Hill) CD 3 Comprehensive Development 3 (Bowen Bay) CD 4 Comprehensive Development 4 (Hood Point) CD 5 Comprehensive Development 5 (Rural Recreation and Service) CD 6 Comprehensive Development 6 (Cowan Point) CD 7 Comprehensive Development 7 (Reid / Pass) CD 8 Comprehensive Development 8 (Malkin Creek) CD 9 Comprehensive Development 9 (Buchanan) CD 10 Comprehensive Development 10 (Ruddy Potato) CD 11 Comprehensive Development 11 (Gas Station) CD 12 Comprehensive Development 12 (Greenway West) CD 13 Comprehensive Development 13 (Works Yard – Gas Station) CD 15 Comprehensive Development 15 (Seniors Precinct) CD 16 Comprehensive Development 16 (Belterra) CD 17 Comprehensive Development 17 (Proctor) CD 18 Comprehensive Development 18 (Arbutus Ridge) CD 19 Comprehensive Development 19 (Community Lands Lot 2)
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Page 135 of 386 Column I Column II Zones Title Description CD 20 Comprehensive Development 20 (Bowen Investments Ltd.) CD 21 Comprehensive Development 21 (Grafton Lake) CD 22 Comprehensive Development 22 (Community Lands Lot 1)
ZONE TITLE
4.B The name of each zone provided for in this Bylaw is set out in Column I in Table 4‐1 and the inclusion of the description in Column II is for convenience only.
LOCATION OF ZONES
4.C The location of each zone is on Schedule “B” the Land Use Bylaw Map.
ZONES BOUNDARIES
4.D Where a zone boundary is shown on Schedule “B,” the Land Use Bylaw Map, as following a highway or watercourse, the property line abutting such highway right‐of‐ way or natural boundary of such watercourse shall be the zone boundary.
4.E Where the zone boundary does not follow a legally defined line, the location of the boundary shall be determined by scaling from Schedule “B,” the Land Use Bylaw Map, except for zone boundaries shown as the centre line of a highway right of way which shall be interpreted according to regulation 4.D.
4.F Where the zone boundary is between land zones and water, the zone boundary shall be the surveyed lot line, where there is a survey plan, or the natural boundary, where there is no survey plan.
ZONES REGULATIONS
4.G In the interpretation of tables in this Part, a diamond symbol () at the intersection of a particular row and column indicates that the zoning regulation or the subdivision standard described in that row applies to the zone indicated at the head of the column.
ZONING OF HIGHWAYS
4.H For the purposes of this Bylaw, surveyed rights of way for a road may be used for all uses listed in Section 3.2.
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Page 136 of 386 4.1 RESIDENTIAL ZONES (RR 1, RR 2, RR 3)
Information Note: The purpose of the Rural Residential Zone is to provide regulations for the residential use and agricultural use of land within a rural setting.
The regulations in the tables in this Section apply to land in the Rural Residential 1 (RR 1), Rural Residential 2 (RR 2) and Rural Residential 3 (RR 3) Zones, as indicated by the column headings.
4.1.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the RR 1, RR 2 and RR 3 Zones:
Principal Uses of Land, Buildings and Structures RR7B 1 RR8B 2 RR 3 Dwelling Agriculture Horticulture Domestic Agriculture Stable Kennel Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home occupation use subject to Part 3 Portable Saw Mill on lots 2 ha and larger Mini‐storage on lots 2 ha and larger Accessory Residential Use Residential Guest Accommodation Domestic Agriculture Permitted Buildings and Structures Dwelling, Detached Buildings and Structures accessory to permitted uses
4.1.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the RR 1, RR 2 and RR 3 Zones must comply with the following regulations regarding size, siting and density:
Lot Coverage RR9B 1 RR10B 2 RR1B 3
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Page 137 of 386 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 Number of Units and Site Areas Maximum number or primary dwellings on any lot 1 1 1 Maximum number of accessory buildings on any lot for each 1 1 1 0.2 ha of lot area or portion thereof, plus one, subject to Part 3. Maximum number of accessory buildings on any lot that may 1 1 1 be used for home occupation use for each 0.2 ha of lot area or portion thereof. Height Maximum height of a permitted building or structure 9 9 9 (metres) Setbacks Minimum setback from all lot lines (metres) 7.5 7.5 7.5 Portable saw mill use shall not be sited within 30 metres of any watercourse or lake Where portable saw mill use abuts a lot where dwelling use is a permitted use, portable saw mill use shall not be sited within 25 metres of and lot line Conditions of Use Portable saw mill use is subject to terms and conditions established by business licence
4.1.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the RR 1, RR 2, and RR 3 Zones:
Lot Areas for the Creation of New Lots through Subdivision RR12B 1 RR13B 2 RR14B 3 Minimum average lot area (ha) without community water system 4 2 Minimum lot area for individual lots (ha) without community water 4 2 1 system
4.1.4 Exceptions in Particular Locations
On those lands in the RR 1, RR 2 and RR 3 zones that are identified on Schedule “B” by RR 1, RR 2 and RR 3 followed by a letter in brackets, the following additional regulations or where there is a conflict within Section 4.1 the following replacement regulations apply.
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Page 138 of 386 (1) Zone Variation – RR 1(a) (a) The maximum number of dwelling units shall be one dwelling unit per 2 ha of lot area.
(2) Zone Variation – RR 1(b) (b) A neighbourhood club house, swimming pool, playground, tennis courts and non‐commercial boat storage are permitted uses.
(3) Zone Variation – RR 1(c) (a) Agriculture use and horticulture use is limited to lots 1 hectare (2.47 acres) and larger. (b) Minimum setback from an interior side lot line is 3.0 metres.
(4) Zone Variation – RR 1(d) (a) The minimum lot area for the creation of new lots through subdivision shall be 16 ha with minimum service level of individual septic tank and either spring, individual well or surface water licence.
(5) Zone Variation – RR 3(a) (a) The maximum number of dwelling units shall be one dwelling unit per 2 ha. of lot area.
(6) Zone Variation – RR 3(b) (a) The minimum average lot area shall not apply.
(7) Zone Variation – RR 3(c) (a) The minimum average lot area shall be 1 ha.
(8) Zone Variation – RR 3(d) (a) The maximum number of dwelling units shall be one dwelling unit per 2 ha. of lot area. (b) The minimum lot size shall be 8 ha.
(9) Zone Variation – RR 1(e) (a) One caretaker’s residence of up to 100 square metres floor area shall be permitted in addition to the provision for one dwelling on any lot.
(10) Zone Variation – RR 1(f) (a) The minimum lot area for individual lots without a community water system shall be 3.5 ha.
4.2 RURAL COMMERCIAL ZONES (RC 1, RC 2)
Information Note: The purpose of the Rural Commercial Zones is to provide regulations for the commercial use of land within a rural setting.
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The regulations in the tables in this Section apply to land in the Rural Commercial 1 (Garden Centre) (RC 1) and Rural Commercial 2 (Retreat Centre) (RC 2) Zones, as indicated by the column headings.
4.2.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the RC 1 and RC 2 Zones:
Principal Uses of Land, Buildings and Structures RC15B 1 RC16B 2 Garden Centre Agricultural Retail Retreat Centre Agriculture Horticulture Dwelling Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Dwelling use Retail use Home Occupation Use subject to Part 3 Bed and Breakfast Use is not permitted Permitted Buildings and Structures Buildings and structures accessory to permitted uses Dwelling, Detached
4.2.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the RC 1 and RC 2 zones must comply with the following regulations regarding size, siting and density: Lot Coverage RC 1 RC 2 Maximum combined lot coverage of all buildings and structures (m2) calculated as follows: 100 m2 plus 5% of lot area to a maximum of 1500 m2 Number of Units and Site Areas Maximum number of dwellings per lot 1 1
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Page 140 of 386 Lot Coverage RC 1 RC 2 Maximum number of retreat centres in District Lot 1627 1 Maximum number of guest bedrooms per 0.4 ha lot area 0 4 Maximum number of guest bedrooms 0 20 Maximum number of in‐residence guests 40 Maximum floor area for accessory retail sales (m2) 20 Maximum number of accessory buildings for each 0.2 ha of lot area or 1 1 portion thereof, plus one, subject to Part 3. Maximum number of accessory buildings on any lot that may be used for 0 1 home occupation for each 0.2 ha of lot area or portion thereof. Height Maximum height of a building or structure (metres) 9 9 Setbacks Minimum setback from all lot lines (metres) 7.5 7.5 Conditions of Use All parking areas shall be permeable to water Any expansion of the footprint or intensity of use on land located in the Agricultural Land Reserve would require written permission by order of the Agricultural Land Commission, subject to the provisions of this Bylaw. Where a lot in the RC 2 zone abuts a lot with a dwelling use, a landscape screen not less than 3.0 metres in height shall be provided within the minimum setback area of the lot in the RC 2 zone adjacent to the lot line Any expansion of the footprint, use or intensity of the retreat centre located in the Agricultural Land Reserve within D.L. 1627 would require written permission by order of the Agricultural Land Commission, subject to the provisions of this Bylaw.
4.2.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the RC 1 and RC 2 Zones:
Lot Areas for the Creation of New Lots through Subdivision RC 1 RC17B 2 Minimum average lot area (ha) Minimum lot area for individual lots (ha) without community water 4 4
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Page 141 of 386 4.3 TOURIST COMMERCIAL ZONES (TC 1)
Information Note: The purpose of the Tourist Commercial Zones is to provide regulations for the use of land for tourist commercial accommodation and related services.
The regulations in the tables in this Section apply to land in the Tourist Commercial 1 (Guest House) (TC 1) Zone, as indicated by the column headings.
4.3.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the TC 1 Zone:
Principal Uses of Land, Buildings and Structures TC18B 1 Guest House Agriculture Horticulture Vineyard Cottage Artisan Industry
Accessory19B Uses of Land, Buildings and Structures Uses accessory to principal uses Dwelling use Retail use Home Occupation Use subject to Part 3 except that Bed and Breakfast Use is not permitted
Permitted20B Buildings and Structures Buildings and structures accessory to permitted uses
4.3.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the TC 1 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage TC 1 Maximum combined lot coverage of all buildings and structures (m2) calculated as follows: 100 m2 plus 5% of lot area to a maximum of 1500 m2
Number21B of Units and Site Areas Maximum number of dwellings per lot 1 Number of guest bedrooms permitted on the first 0.4 ha of lot area 4
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Page 142 of 386 Number of guest bedrooms for each 0.4 ha of total lot area 3 Maximum number of guest bedrooms 15 Maximum number of in‐residence guests 30 Maximum number of meeting/course/workshop participants calculated as follows: 3 45 participants per each permitted guest bedroom Maximum floor area for accessory retail sales (m2) 20 Maximum number of accessory buildings for each 0.2 ha of lot area or portion 1 thereof, plus one, subject to Part 3 Maximum number of accessory buildings on any lot that may be used for home 1 occupation for each 0.2 ha of lot area or portion thereof
Height2B Maximum height of a building or structure (metres) 9
Setbacks23B Minimum setback from all lot lines (metres) 7.5
Conditions24B of Use All parking areas shall be permeable to water Where a lot in the TC 1 zone abuts a lot with a dwelling use, a landscape screen not less than 3.0 metres in height shall be provided within the minimum setback area of the lot in the TC 1 zone adjacent to the lot line.
4.3.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the TC 1 Zone:
Lot Areas for the Creation of New Lots through Subdivision TC25B 1 Minimum average lot area (ha) with community water system 1 Minimum lot area for individual lots (ha) with community water 0.4 Minimum average lot area for individual lots (ha) without community 1 water Minimum lot area for individual lots (ha) without community water 1
4.4 ISLAND INSTITUTIONAL, SETTLEMENT INSTITUTIONAL AND ISLAND CIVIC ZONES (II, SI, CI)
Information Note: The purpose of the Island Institutional, Settlement Institutional and Island Civic Zones is to provide regulations for the use of land for institutional and civic purposes outside of Snug Cove Village.
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Page 143 of 386 The regulations in the tables in this Section apply to land in the Island Institutional (II), Settlement Institutional (SI) and Island Civic (Ci) Zones, as indicated by the column headings.
4.4.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the II, SI, and Ci Zones:
Principal Uses of Land, Buildings and Structures II26B SI27B Ci28B Indoor Entertainment Facility Indoor Recreation Facility Assembly Community or Social Hall School Daycare Church Cemetery Summer Camp Agriculture Horticulture Museum, GalleryPublic Community Facility Police Station Fire Hall, Ambulance HallEmergency Services Government Offices Public Library Accessory Uses of Land, Buildings and Structures Dwelling Retail Uses accessory to principal uses Permitted Buildings and Structures Buildings and structures accessory to permitted use
4.4.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the II, SI and Ci Zones must comply with the following regulations regarding size, siting and density:
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Page 144 of 386 Lot Coverage II29B SI30B Ci31B Maximum combined lot coverage of all buildings and structures (m2) calculated as follows: 100 m2 plus 5% of lot area to a maximum of 1500 m2 Number of Units and Site Areas Maximum number or dwellings on any lot 1 1 1 Maximum floor area for accessory retail sales (m2) 20 Maximum number of accessory buildings on any lot for each 1 1 1 0.2 ha of lot area or portion thereof, plus one, subject to Part 3 Height Maximum height of a building or structure (metres) 9 9 9 Setbacks Minimum setback from all lot lines (metres) 7.5 7.5 7.5 Conditions of Use Dwelling use shall be sited on a floor above a permitted use
4.4.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the II, SI, and Ci Zones:
Lot Areas for the Creation of New Lots through Subdivision II32B SI3B Ci34B Minimum average lot area (ha) without community water 4 1 1 system Minimum lot area for individual lots (ha) without community 4 1 1 water system Minimum average lot area (ha) with community water system 0.4 1 Minimum lot area for individual lots (ha) with community water 0.2 0.4 system
4.4.4 Exceptions in Particular Locations
On those lands in the II, SI, Ci zones that are identified on Schedule “B” by II, SI, Ci followed by a letter in brackets, the following additional regulations, or where there is a conflict with Section 4.4, the following replacement regulations apply:
(1) Zone Variation ‐ Ci (a) (a) A Fire HallEmergency Services shall be the only permitted use. (b) The minimum setback from a lot line shall be 3 meters.
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Page 145 of 386 (c) The minimum lot area for the creation of a new lot through subdivision shall be 0.3 ha without community water.
4.5 SETTLEMENT RESIDENTIAL ZONES (SR 1, SR 2)
Information Note: The purpose of the Settlement Residential Zones is to provide regulations for the use of land within established residential neighbourhoods.
The regulations in the tables in this Section apply to land in the Settlement Residential 1 (SR 1) and Settlement Residential 2 (SR 2) Zones, as indicated by the column headings.
4.5.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the SR 1 and SR 2 Zones:
Principal Uses of Land, Buildings and Structures SR35B 1 SR36B 2 Dwelling Domestic Agriculture Stable Kennel Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Mini‐storage on lots 1 ha and larger Home Occupation Use subject to Part 3 Accessory Residential Use Residential Guest Accommodation Domestic Agriculture Permitted Buildings and Structures Dwelling, Detached Buildings and Structures accessory to permitted uses
4.5.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the SR 1 and SR 2 Zones must comply with the following regulations regarding size, siting and density:
Lot Coverage SR 1 SR 2
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Page 146 of 386 Maximum combined lot coverage of all buildings and structures (m2) calculated as follows: 100 m2 plus 10% of lot area to a maximum of 500 m2 Number of Units and Site Areas Maximum number of primary dwellings on any lot 1 1 Maximum number of accessory buildings on any lot for each 0.2 ha of lot 1 1 area or portion thereof, plus one, subject to Part 3 Maximum number of accessory buildings on any lot that may be used for 1 1 home occupation for each 0.2 ha of lot area or portion thereof Height Maximum height of a building or structure (metres) 9 9 Setbacks Minimum setback from side lot lines (metres) 3 3 Minimum setback from the front and rear lot lines (metres) 7.5 7.5 Minimum setback for a building from any lot line that abuts a highway 4.6 4.6 (metres)
4.5.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the SR 1 and SR 2 Zones:
Lot Areas for the Creation of New Lots through Subdivision SR37B 1 SR38B 2 Minimum average lot area (ha) – served by community water system 1 0.4 Minimum lot area for individual lots (ha) – served by community water 0.4 0.2 system Minimum average lot area (ha) – not served by community water system 1 1 Minimum lot area for individual lots (ha) – not served by community water 1 1 system
4.5.4 Exceptions in Particular Locations
On those lands in the SR 1 and SR 2 Zones that are identified on Schedule “B” by SR 1 and SR 2 followed by a letter in brackets, the following additional regulations or where there is a conflict within Section 4.5 the following replacement regulations apply.
(1) Zone Variation – SR 1 (a) (a) Agriculture use and horticulture use are is a permitted principal uses. (b) Minimum lot area for the creation of new lots through subdivision shall be 1.2 hectare with minimum service level of individual septic tank and
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Page 147 of 386 individual well for Lot 28, Plan 8645, Lot B, Plan LMP10156, Lot 2, Plan 15765 and Lot A, RP1836 all of DL 1628.
(2) Zone Variation – SR 1 (b) (a) Minimum lot area for the creation of new lots through subdivision shall be 1.2 hectare with minimum service level of individual septic tank and individual well.
(3) Zone Variation – SR 2 (a) (e) Agriculture use and horticulture use are is a permitted principal uses.
(4) Zone Variation – SR 2 (b) (a) Marina parking, boat storage and fuel storage are permitted principal uses.
(5) Zone Variation – SR 2 (c) (a) The minimum average lot area shall not apply.
(6) Zone Variation – SR 2 (d) (b) The average lot size for individual lots shall be 0.8 ha (2 acres).
(7) Zone Variation – SR 1 (c) (a) Notwithstanding Section 4.5.3, the minimum and average lot area for individual lots not served by community water shall be 0.4 ha and the maximum number of lots created by subdivision shall be subject to the applicable restrictive covenant
(8) Zone Variation – SR 3 (a) (b) Agriculture use and horticulture use areis a permitted principal uses.
(9) Zone Variation – SR 2 (e) (a) The average lot area for individual lots with a community water system shall be 0.25 ha.
4.6 VILLAGE RESIDENTIAL ZONES (VR 1, VR 2)
Information Note: The purpose of the Village Residential Zones is to provide regulations for the residential use of land in the form of small lot detached housing and attached housing, including housing designed for special needs with the Snug Cove Village.
The regulations in the tables in this Section apply to land in the Village Residential 1 (Detached Housing) (VR 1) and Village Residential 2 (Attached Housing) (VR 2) Zones, as indicated by the column headings.
4.6.1 Permitted Uses of Land, Buildings and Structures
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(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the VR 1 and VR 2 Zones:
Principal Uses of Land, Buildings and Structures VR39B 1 VR40B 2 Dwelling Supportive Housing Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation Use subject to Part 3 Residential Guest Accommodation Permitted Buildings and Structures Dwelling, Detached Dwelling, Attached Building and structures accessory to permitted uses
4.6.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the VR 1 and VR 2 Zones must comply with the following regulations regarding size, siting and density.
Lot Coverage VR 1 VR 2 Maximum lot coverage of all buildings and structures 50% 50%
Number of Units and Site Areas Maximum number of primary dwellings on any lot 1 Maximum number of dwelling units per 400m2 lot area 2 Maximum number of house‐keeping supportive housing units 24 Maximum number of accessory buildings on any lot, subject to Part 3 2 4 Maximum number of accessory buildings on any lot that may be used for 1 0 home occupation Maximum Floor Space Ratio (FSR) 0.6 Height Maximum height of a building or structure (metres) 9 9 Setbacks Minimum setback from interior lot line (metres) 1.5 3.0 Minimum setback from front lot line (metres) 0 7.5
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Page 149 of 386 Minimum setback from all other lot lines (metres) 0 3.0 Minimum setback for a building from any lot line that abuts a highway 4.6 (metres) Conditions of Use Supportive Housing use is subject to a Housing Agreement
4.6.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the VR 1 and VR 2 Zones.
Lot Areas for the Creation of New Lots through Subdivision VR41B 1 VR42B 2 Minimum lot area for individual lots (m2) served by community water 370 4000 system
4.7 VILLAGE COMMERCIAL ZONES (VC 1, VC 2)
Information Note: The purpose of the Village Commercial Zones is to provide regulations for the commercial use of land within the Snug Cove Village.
The regulations in the tables in this Section apply to land in the Village Commercial 1 (VC 1) and Village Commercial 2 (Marina Upland) (VC 2) Zones, as indicated by the column heading.
4.7.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the VC 1 and VC 2 Zones:
Principal Uses of Land, Buildings and Structures VC 1 VC 2 Retail General services Office Restaurant Dwelling Assembly Indoor Recreation Facility Indoor Entertainment Facility Cottage Artisan Industry
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Page 150 of 386 Land based marina facilities Storage of marine fuel Boat launching Parking Area Medical Clinic Daycare Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Commercial Guest Accommodation Home Occupation use, subject to Part 3 Retail Parking for another commercial usearea, subject to Subsection 5.10 Permitted Buildings and Structures Dwelling, Detached Dwelling, Attached Buildings and structures accessory to permitted uses 50% open‐sided structures
4.7.2 Size, Siting and Density of Permitted Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the VC 1 and VC 2 Zones must comply with the following regulations regarding size, siting and density:
Lot Coverage VC43B 1 VC4B 2 Maximum lot coverage of all buildings and structures 75% 50% Floor Space Ratio Maximum Floor Space Ratio (FSR) 1.6 1.2 Floor Area Maximum floor area (m2) for buildings and structures for accessory use ‐ 100 calculated as follows: 20m2 plus 20 m2 for each 100 linear metres of wharf, or portion thereof, in the contiguous permitted marina Height Maximum height of a building or structure (metres) 9 9 Setbacks When lot abuts another VC zoned lot
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Page 151 of 386 Minimum setback from all lot lines (metres), except interior side lot line, 0 0 as determined by Development Permit Minimum setback from interior side lot line 1.5 1.5 When lot abuts a non‐VC zoned lot Minimum setback from all lot lines (metres) abutting a non‐VC zoned lot 1.5 3.0
Conditions45B of Use Land based marina facilities are subject to the use of a contiguous water area for a permitted marina Servicing, maintenance and repair of vessels and marine equipment is subject to installation of an oil/water separator for the shop drain and a Spill Management Plan. Commercial Guest Accommodation must be located on floors above permitted uses Dwelling, Attached must be located on floors above permitted uses
4.7.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the VC 1 and VC 2 Zones:
Lot Areas for the Creation of New Lots through Subdivision VC46B 1 VC47B 2 Minimum lot area (m2) for individual lots served by community water 370 2000 system
4.7.4 Exceptions in Particular Locations
On those lands in the VC 1 and VC 2 Zones that are identified on Schedule “B” by VC 1 or VC 2 followed by a letter in brackets, the following additional regulations or where there is a conflict within Section 4.7 the following replacement regulations apply:
(1) Zone Variation – VC 1 (a) (a) Pub use is also a permitted use.
(2) Zone Variation – VC 1 (b) (a) Service station use and gas station use are permitted uses. (b) Commercial guest accommodation is not a permitted use. (c) Bed and breakfast use is not permitted as a home occupation. (d) No building or structure shall be sited within 1.5 metres of any lot line. (e) No gasoline pump shall be sited within 4.5 metres of any lot line.
(3) Zone Variation – VC 1 (c) (a) Commercial guest accommodation is a principal permitted use.
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Page 152 of 386 (b) Commercial guest accommodation is not limited to floors above permitted uses.
(4) Zone Variation – VC 2 (a) (a) Dwelling use is a permitted use. (b) Bed and breakfast use is not permitted as a home occupation. (c) Commercial Guest Accommodation is a permitted use. (d) Commercial pParking area is a permitted accessory use. (e) Servicing, maintenance and repair of vessels and marine equipment within an enclosed building is a permitted accessory use subject to installation of an oil/water separator for the shop drain and a Spill Management Plan.
(5) Zone Variation – VC 2 (b) (a) Assembly use in the VC 2(b) and WC 1(b) zones is limited to a total of not more than six separate events in a calendar year, each of a maximum duration of eight hours. (b) Maximum floor space ratio is 1.0. (c) Maximum height of a building or structure is 4 metres. (d) Buildings and structures are limited to one gazebo and those buildings and structures located within the VC 2(b) zone and approved for construction by development permits DP‐20‐89 and BO‐DP‐01‐95.
4.8 VILLAGE INSTITUTIONAL AND VILLAGE CIVIC ZONES (VI AND VCi)
Information Note: The purpose of the Village Institutional and Village Civic Zones is to provide regulations for institutional use and civic use within Snug Cove Village.
The regulations in the tables in this Section apply to land in the Village Institutional (VI) and Village Civic (VCi) Zones, as indicated by the column headings.
4.8.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the VI and VCi Zones:
Principal Uses of Land, Buildings and Structures VI48B VCi49B Indoor Entertainment Facility Indoor Recreation Facility Assembly or Social Community Hall Community Hall Daycare School
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Page 153 of 386 Church Public Library Museum, GalleryPublic Community Facility Police Station, Fire Hall, Ambulance HallEmergency Services Government Offices Hospital Health Medical Clinic Parking Area Accessory Uses of Land, Buildings and Structures Dwelling Use Uses accessory to principal uses Retail Use Home Occupation use subject to Part 3 Permitted Buildings and Structures Dwelling, Detached Buildings and structures accessory to permitted uses
4.8.2 Size, Siting, Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the VI and VCi Zones must comply with the following regulations regarding size, siting and density:
Lot Coverage VI50B VCi51B Maximum lot coverage of all buildings and structures 40% 40% Floor Space Ratio Maximum Floor Space Ratio (FSR) 1.2 1.2 Height Maximum height of a building or structure (metres) 9 9 Setbacks When lot abuts a VI, VCi, or VC zoned lot Minimum setback from all lot lines (metres), except interior side lot line 0 0 Minimum setback from interior side lot line (metres) 1.5 1.5 When lot abuts a non‐VI, VCi, or VC zoned lot Minimum setback from all lot lines (metres) 1.5 1.5
4.8.3 Subdivision and Servicing Requirements
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(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the VI and VCi Zones:
Lot Areas for the Creation of New Lots through Subdivision VI52B VCi53B Minimum lot area for individual lots (m2) served by a community water 2000 370 system
4.8.4 Exceptions in Particular Locations
On those lands in the Village Institutional Zone that are identified on Schedule “B” by VI followed by a letter in brackets, the following additional regulations or where there is a conflict within Section 4.8 the following replacement regulations apply:
(1) Zone Variation – VI (a) (a) Despite Subsection 4.8.1, recreation, training and meeting centre use is the only principal permitted use. (b) The maximum number of overnight guests and guest rooms for recreation, training and meeting centre use shall be contained in a Section 219 Covenant registered on the title of the lot. (c) Despite Subsection 4.8.1, conference centre and assembly use are the only permitted accessory uses, are subject to conditions of use contained in a Section 219 Covenant registered on the title of the lot. (d) Despite Subsection 4.8.2, the minimum setback from the front lot Iine shall be 7.5 metres and the minimum setback from all other lot lines shall be 3 metres. (e) Despite Subsection 4.8.2, the maximum floor space ratio shall be 0.75.
4.9 INDUSTRIAL ZONES (IM, IC)
Information Note: The purpose of the Industrial Zones is to provide regulations for the use of land for community industrial needs.
The regulations in the tables in this Section apply to land in the Industrial Medium (IM) and Industrial Commercial (IC) Zones, as indicated by the column headings.
4.9.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the IM and IC Zones:
Principal Uses of Land, Buildings and Structures IM54B IC5B Public Works Yard
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Page 155 of 386 Transfer Station Recycling Depot Compost Facility Cottage Artisan Industry Storage and Warehouse Sale of Propane Sale of Building, Construction, Home Improvement Supplies Welding Milling, Shaping and Finishing of WoodWood Processing Manufacturing of Wood Products Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Permitted Buildings and Structures Buildings and structures accessory to permitted uses
4.9.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the IM and IC zones must comply with the following regulations regarding size, siting and density:
Lot Coverage IM56B IC57B Maximum lot coverage of all buildings and structures 30% 30% Height Maximum height of a building or structure (metres) 12 12 Setbacks From a Watercourse Minimum setback despite Section 3.18 (metres) 50 50 From Highway Minimum setback from all lot lines (metres) 10 10 When lot abuts an Industrial Zoned lot Minimum setback from all lot lines (metres) 0 0 When lot abuts a non‐Industrial Zoned lot Minimum setback from all lot lines (metres): Same setbacks as Zone of abutting property
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Page 156 of 386 Conditions58B of Use Storm water run‐off from paved areas must pass through an oil/water separator Pressure‐treated lumber must be covered, at a minimum by a tarp in good condition, to prevent rainwater run‐off directly from the treated wood Storage of hazardous materials is subject to a Spill Management Plan Landscape Screen of 3 m in height to be provided along lot lines adjacent to a Highway
4.9.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the IM and IC Zones:
Lot Areas for the Creation of New Lots through Subdivision IM59B IC60B Minimum lot area for individual lots (ha.) without community water system 1 1 Minimum lot area for individual lots (ha.) with community water system 0.4 0.4
4.9.4 Exceptions in Particular Locations
On the lands in the IC zone that are identified on Schedule ‘B’ by IC followed by a letter in brackets, the following additional regulations or where there is a conflict with Section 4.9 the following replacement regulations apply:
(1) Zone Variation – IC (a) (a) The Sale of propane is not permitted.
4.10 GREEN ZONES (G1, G2, G3)
Information Note: The purpose of the Green Zones is to provide regulations for the use of land considered to be important for environmental protection, watershed protection, island character and recreational use.
The regulations in the tables in this Section apply to land in the Ecological Reserve (G 1), Environmentally Sensitive (G 2) and Natural Areas/Watersheds (G 3) Zones, as indicated by the column headings.
4.10.1 Permitted Uses of Land, Buildings and Structures
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Page 157 of 386 (1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses and no others are permitted in the Ecological Reserve (G 1), Environmentally Sensitive (G 2) and Natural Areas/Watersheds (G 3) Zones:
Principal Uses of Land, Buildings and Structures G161B G262B G363B Ecological Reserve Uses that contribute to the protection of the natural and cultural environment Uses that contribute to the protection of the watershed Open Space Recreation Accessory Uses of Land, Buildings and Structures Trails, Interpretative Signage Uses accessory to principal uses
Conditions64B of Use No human access except by Provincial Permit Recreation use is limited to informal activities, such as hiking, biking, horse riding, and picnics Parking areas shall be finished with a permeable surface
4.10.2 Subdivision and Servicing Requirements
(2) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the G 1, G 2 and G 3 Zones:
Lot Areas for the Creation of New Lots through Subdivision G165B G26B G367B Minimum lot area for individual lots (ha.) ‐ 16 16 Consolidation of lots only is permitted
4.10.3 Exceptions in Particular Locations
On those lands in the G 3 zone that are identified on Schedule “B” by G 3 followed by a letter in brackets, the following additional regulations or where there is a conflict within Section 4.10 the following replacement regulations apply.
(1) Zone Variation – G 3 (a) (a) processing (including quarrying), storage and sale of sand and gravel; stockpiling and disposal of land‐clearing debris via controlled burning and grinding; and a green waste compost facility are permitted uses.
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4.11 PARK ZONES (P1, P2, P3, P4)
Information Note: The purpose of the Park Zones is to provide regulations for the use of public parks.
The regulations in the tables in this Section apply to land in the Passive Park (P 1), Multi‐Use Activity Park (P 2), Neighbourhood Park (P 3), and Natural Park (P 4) Zones, as indicated by the column headings.
4.11.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses and no others are permitted in the P1, P2, P3, and P4 Zones:
Principal Uses of Land, Buildings and Structures P168B P269B P370B P471B Open Space Interpretative/information Centre Athletic Park Hard Surface Courts Outdoor Assembly Play Fields Playgrounds Other Outdoor Recreation Facilities Nature Protection Accessory Uses of Land, Buildings and Structures Trails Permitted Buildings and Structures Buildings and Structures accessory to permitted uses Interpretative signs Conditions of Use Parking areas shall be finished with a permeable surface Shelters shall be 50% open‐sided Use of Lot 6, D.L. 489, Plan 44190 shall be limited to neighbourhood park uses. Use of Rem. DL 489 shall be used only as a natural park.
4.11.2 Subdivision and Servicing Requirements
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(2) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the P 1, P 2, P 3 and P 4 Zones:
Lot Areas for the Creation of New Lots through Subdivision P172B P273B P374B P475B Minimum lot area for individual lots (ha) 4 4 4 4 Neither Lot 2, D.L. 489, Plan LMP 49266A or Lot 4, D.L. 489, Plan LMP 49266A, D.L. 489, Plan LMP 44190 shall be subdivided by subdivision plan, strata plan or otherwise howsoever. Lot 6, D.L. 489, Plan LMP 44190 shall not be subdivided by subdivision plan, strata plan or otherwise howsoever. Rem. D.L. 489 shall not be subdivided by subdivision plan, strata plan or otherwise howsoever.
4.11.3 Exceptions in Particular Locations
On those lands in the P 1 zone that are identified on Schedule “B” by P 1 followed by a letter in brackets, the following additional regulations or where there is a conflict within Section 4.11 the following replacement regulations apply:
(1) Zone Variation – P 1 (a) (a) The following additional uses are permitted accessory uses of land, buildings and structures: Memorial Garden Dwelling Ball Field (b) Dwelling, Detached is a permitted building. (c) Maximum number of dwelling units shall be 15. (d) Minimum lot size requirement for the creation of new lots by subdivision is 1.2 ha with minimum service level of individual septic tank and individual well. (e) Commercial Guest Accommodation
(2) Zone Variation – P 1 (b) (a) The following additional use is a permitted accessory use of land, buildings and structures: Fish hatchery
4.12 WATER PROTECTION ZONES – INLAND (WP1, WP2)
Information Note: The purpose of the Water Protection Zones is to provide regulations for the use of lakes and water reservoirs that are located within a park area or supply water for drinking water purposes.
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Page 160 of 386 The regulations in the table in this Section apply to land in the Drinking Water (WP 1) and Natural Water Park (WP 2) Zones, as indicated by the column headings.
4.12.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses and no others are permitted in the WP 1 and WP 2 Zones:
Principal Uses of Land, Buildings and Structures WP176B WP27B Water StorageWater Works System Recreation Permitted Buildings and Structures Buildings and structures accessory to permitted uses Structures for water treatment and pumping
Conditions78B of Use Structures made of newly‐treated wood shall bear the BMP certification mark ensuring that appropriate treatment and post‐ treatment measures have been employed in producing the preserved wood.
4.13 WATER USE ZONES – COASTAL (WG 1, WC 1, WCI)
Information Note: The purpose of the Water Use Zones is to provide regulations for the use of the marine coastal area that extends 300 metres seaward from the natural high‐water mark of Bowen Island, Finisterre Island and Hutt Island and their associated islets. The purpose of the Water General Coastal 1 Zone is specifically to provide public recreational opportunities, to preserve and protect the natural qualities of Bowen Island’s shoreline and provide for the regulation of recreational boat moorage associated directly with upland uses.
The regulations in the tables in this Section apply to land in the Water General (Coastal) 1 (WG 1), Water Commercial (Marina) 1(WC 1) and Water Civic (WCi) Zones, as indicated by the column headings.
4.13.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses and no others are permitted in the WG 1, WC 1, and WCi Zones:
Principal Uses of Land, Buildings and Structures WG 1 WC 1 W Ci Boat moorage, docking and launching Private Moorage Facility
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Page 161 of 386 Group Moorage Facility Community Dock Marine Navigation Marina Public Wharf Ferry Dock Water Taxi Floating Attached Dwelling
Accessory79B Uses of Land, Buildings and Structures Float House Live‐Aboard Assembly Uses accessory to principal uses Permitted Buildings and Structures Buildings accessory to permitted uses Structures accessory to permitted uses Floating Breakwaters Marine Navigation Structures Setbacks Minimum setback for buildings and structures from any lot line 1.5 1.5 1.5 (metres) Minimum setback for any portion of the structure of a private 5 moorage facility or group moorage facility from any property line projection (metres) Minimum setback of any portion of the structure of any private 10 moorage facility or group moorage facility from any other private moorage facility or group moorage facility(metres) Minimum setback of any portion of the structure of any private 10 moorage facility or group moorage facility from the property line projection of any lot abutting public beach access (metres) Conditions of Use Private Moorage Facilities and Group Moorage Facilities shall be accessory to upland residential use only Maximum number of Private Moorage Facilities per upland lot ‐ 1 Any Community dock, private moorage facility or group moorage facility shall be located such that it will not: (a) Physically divide a beach, except for Community docks which may physically divide a beach;
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Page 162 of 386 (b) Impede pedestrian access along the beach portion of the foreshore; (c) Limit or restrict public use of a beach; (d) Negatively impact eelgrass meadows, beds or patches; or (e) Negatively impact kelp beds, clam beds or mussel beds. Maximum area (m2) of all private moorage facilities excluding 37 gangways to access floats Maximum width (m) of all gangways to access floats for a Group 1.5 Moorage Facility or Private Moorage Facility Maximum width (m) of all gangways to access floats for Group 1.5 Moorage Facility or Private Moorage Facility Maximum length (m) of Private Moorage Facilities, measured from 40 the natural high‐water mark to the extent of all gangways and floats that are accessed by gangways measured at high tide Float house use is only permitted as an accessory use to a marina and is limited to 2% of marina berths available for moorage, subject to a permanent connection to sewer pump‐out facilities for land‐based sewage disposal. 2 Each float house shall be limited to 85 m in total floor area excluding outside decks at water level, and a height of 5.5 metres from the average finished grade. Live‐Aboard use is only permitted as an accessory use to a marina, subject to provision of a pump‐out connection for land‐based sewage disposal at a pump‐out facility located within 150 metres of the live‐aboard vessel. Assembly use is limited to outdoor use Buildings or structures shall not exceed one storey (4.6 metres) Maximum floor area (m2) for buildings or structures on the water 115 Water area used for marine fuel sales shall be equivalent to no more than 3% of marina berths available for moorage. Sheds to shelter boats are not permitted Sale of personal watercraft is not permitted All buildings or structures except marine navigation aids and mooring buoys require a development permit Maximum floor area for the sale of convenience food and tackle associated with Marina use is 30 m2
4.13.2 Exceptions in Particular Locations
On those lands in the WG 1 and WC 1 zones that are identified on Schedule “B” by WG 1 and WC 1 followed by a letter in brackets, the following additional regulations or where there is a conflict within Section 4.13 the following replacement regulations apply:
(1) Zone Variation – WG 1 (a)
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Page 163 of 386 (a) Water taxi use is a permitted use. (b) Boat moorage use is not limited to upland residential use. (c) Floating breakwater is not a permitted use. (d) Sheds to shelter boats are not permitted.
(2) Zone Variation – WC 1 (a) (a) Seaplane and hovercraft berthage is a permitted use. (b) Live‐aboard use is limited to 15 live‐aboards. (c) Despite 4.13.1 (1), Maximum number of float homes 3 (d) Maximum number of Floating Attached Dwellings: 6 (e) Maximum number of dwelling units in Floating Attached Dwellings: 16 (f) Floating Attached Dwelling and Float Home use is only permitted as an accessory use to a marina, and is subject to a permanent connection to sewer pump‐out facilities for land‐based sewage disposal, or a sewage disposal system approved by Vancouver Coastal Health (g) Each Floating Attached Dwelling shall be limited to 65 sq. m. in total floor area and a height of 6.0 metres from the deck. Each Floating Attached Dwelling may be used for commercial guest accommodation for the months of October, November, December, January, February, and March. (h) Maximum of 1 building or structure that contains showers and toilets, a marina office, a suite on the second floor for security personnel, and primary sewage pump‐out equipment, to a maximum floor area shall be 160 square metres, and a maximum height of 7.5 metres whichever is less, respectively.”
(3) Zone Variation – WC 1 (b) (a) Assembly use in the WC 1(b) and VC 2(b) zones is limited to a total of not more than six separate events in a calendar year, each of a maximum duration of eight hours. (b) Float house use is not permitted. (c) Live‐aboard use is limited to 4 live‐aboards. (d) Buildings and structures are limited to those buildings and structures located within the WC 1(b) zone and approved for construction by development permits DP‐20‐89 and BO‐DP‐01‐95. (e) Floating Attached Dwelling use is not permitted.
(4) Zone Variation – WG 1 (b) Despite any other provision in this Bylaw, the following structures, facilities and uses are not permitted in the marine coastal area that extends 300 metres seaward from the natural boundary, sea, fronting the lands known as Cape Roger Curtis, legally described as Lots 1 – 59, District Lot 1548, Group 1, New Westminster District, Plan 43265A:
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Page 164 of 386 (a) a dock, pier, wharf, piling or other structure or facility connected or affixed to the seabed or connected or affixed to the shoreline or an upland lot by any means, whether or not i. consisting of or including one or more floats, ramps or gangways on or over the surface of the water; ii. consisting of or including a vessel lifting device; iii. allowing for pedestrian access to and from the shore or an upland lot; iv. a community dock, group moorage facility or private moorage facility as defined in this Bylaw; v. as a principal use or structure; or vi. as an accessory use or structure. but not including a buoy, anchor or other navigational aid that is normally carried in the vessel to be moored; or
(b) moorage, other than moorage that is necessary or incidental to a navigational purpose or to deal with a life safety incident or other emergency situation.
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Page 165 of 386 4.14 COMPREHENSIVE DEVELOPMENT 1 (CD 1) ZONE (ARTISAN SQUARE)
Information Note: The purpose of the CD 1 Zone is to recognize an area called Artisan Square, established in 1993, that encompasses a mix of commercial and residential uses with an artisan and cottage industry focus. Building design is in the Arts and Crafts style.
The regulations in the tables in this Section apply to land in the Comprehensive Development 1 (Artisan Square) Zone, as indicated by the column headings. For the purposes of this zone, different regulations apply to different portions of the zone (Sub Area 1 and Sub Area 2), the boundaries of which are identified on the map attached to this zone as Schedule A, which forms an integral part of this Bylaw as Schedule 1.
4.14.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 1 Zone:
Principal Uses of Land, Buildings and Structures Sub Area 1 Sub Area 2 Artisan Industry Assembly Daycare Dwelling General Services subject to Section 4.14.2 (Conditions of Use – Item 3) Office Retail subject to Section 4.14.2 (Conditions of Use – Item 4) Restaurant IGuest Housenn Sewage disposal facilities Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use subject to Part 3 Accessory Residential Use Residential Guest Accommodation Permitted Buildings and Structures Dwelling, Detached Buildings and Structures accessory to permitted uses
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Page 166 of 386 (2) The use of the Common Property within the CD‐1 zone shall be restricted to roadways, parking areas, trails, open space, and landscaping, and sewage disposal facilities which shall comply with an approved Sewage Disposal Permit.
4.14.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 1 Zone must comply with the following regulations regarding size, siting and density:
Floor Space CD 1 Maximum floor space for all buildings within CD‐1 zone (m2) 6020 Floor Space Sub Area 1 Maximum non‐residential floor space for all buildings 4235 Maximum residential floor space for all buildings 1400 Minimum floor area of artisan industry (m2) 1200 m2 with an Inn Guest House or 30% of non‐residential floor space without a Guest Housen inn Maximum floor area of retail (m2) 600 Maximum floor area of both office and general services use (m2) 1400 with not more than 350 as General Service floor space Maximum floor area of restaurant (m2) 280 Maximum floor area used for artisan industry that may be used 30% for retail use Average number of dwelling units within a non‐residential 2 building Up to maximum of 4 units per building Maximum number of primary dwellings on any lot 16 Floor Space Sub Area 2 Maximum number of detached dwelling units 7 Maximum number of primary strata dwellings on any lot 1 Maximum residential floor space for each building on each strata lot (m2) Strata Lot 9 139.0 Strata Lot 10 139.0 Strata Lot 11 158.4 Strata Lot 12 194.4 Strata Lot 13 194.4 Strata Lot 14 194.4
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Page 167 of 386 Strata Lot 15 194.4 Height Sub Area 2 Maximum height of a building or structure (metres) 9 Setbacks Sub Area 2 Minimum setback from all lot lines (metres) 1.52 Conditions of Use Sub Area 2 1) Artisan industry shall be conducted entirely within one or more buildings except for: a) accessory buildings and outdoor areas that may be used for storage purposes; and outdoor areas that may be used for the temporary display of finished products or for the consumption of food products. 2) Residential use shall be permitted within a building only if the residential use is located within a building that contains a permitted non‐residential use as outlined in Section 4.14.1.1 3) Notwithstanding that such uses are permitted within the definition of general service use, within the CD‐1 zone, a bank, financial institution, or post office shall not be permitted. 4) Notwithstanding that such uses are permitted within the definition of retail use, within the CD‐1 zone, a grocery store, pharmacy, and liquor store shall not be permitted. 5) A gas station use shall be subject to the following conditions: a) Only one above‐ground fuel tank having a capacity of not more than 36000 litres and one below ground fuel
separator tank of not more than 2200 litres are permitted to operate and shall be located within the area outlined in Schedule ‘B’ and Schedule ‘C’ of this zone. b) A concrete pad as shown on Schedule ‘C’ shall be permitted. c) Only one 8’ x 16’ building accessory to the gas station use shall be permitted. The building shall be in an “Arts and Crafts” style and shall incorporate natural finishes, the use of native materials and a roof style that is not flat or mono‐pitched. d) A convenience store shall not be permitted as part of a gas station use, however items that are typically associated with the sale of gasoline, such as engine oil and food snacks shall be permitted to be sold on site. e) The placement of the tank, installation, upkeep, as well as other provisions as included in the Fire Services Act
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Page 168 of 386 and Regulations shall be adhered to, to the satisfaction of the Bowen Island Fire Chief. 6) Parking shall be located on‐site as shown on Schedule ‘B’. 7) In the case where a multi‐purpose / performing arts centre is developed within a building, not less than 50% of the floor space within that building shall be occupied with the multi‐ purpose / performing arts centre.
4.14.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 1 Zone.
Lot Areas for the Creation of New Lots through Subdivision CD 1 Maximum number of lots to be created by subdivision within the CD 1 18 including 1 lot for sewage zone disposal purposes Minimum lot area (ha.) with community water system 0.25
4.14.4 Off Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements.
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Page 169 of 386 4.15 COMPREHENSIVE DEVELOPMENT 2 (CD 2) ZONE (CATES HILL)
Information Note: The purpose of the CD 2 Zone is to recognize a comprehensively planned area called Cates Hill Village which includes a residential neighbourhood established in 2000, parks and recreation facilities, nature conservation lands, local commercial services, and community facilities such as a school, church, daycare and teen centre. Covenants were registered on lots within Area 6 in 1999 to protect Terminal Creek.
The regulations in the tables in this Section apply to land in the Comprehensive Development 2 (Cates Hill) Zone, as indicated by the column headings. For purposes of regulation the area within the boundary of the CD 2 Zone is divided into seven separate areas labelled as Area 1 through Area 7 inclusive and the location of each separate area is on Schedule “B” to this Bylaw. Each area boundary within the CD 2 Zone shall be considered a zone boundary for the purposes of this Bylaw and separate regulations shall apply to each area as contained in this Section.
AREA 1 AND AREA 2
4.15.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 2 Zone – Area 1 and Area 2:
Principal Uses of Land, Buildings and Structures Area80B 1 Area81B 2 Dwelling School Municipal HallGovernment Office Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use, subject to Part 3 Accessory Residential Use Residential Guest Accommodation Permitted Buildings and Structures Dwelling, Detached Dwelling, Attached Buildings and Structures accessory to permitted uses
4.15.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(2) Subject to Part 3, uses, buildings and structures in the CD 2 Zone – Area 1 and Area 2 must comply with the following regulations regarding size, siting and density:
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Lot Coverage Area82B 1 Area83B 2 Maximum lot coverage 30% 30% Floor Space Ratio (FSR) Maximum floor space ratio (FSR) 0.3 Maximum floor space ratio (FSR) for a strata lot shall be the product of 0.3 multiplied by the proportion that the area of that strata lot bears to the sum of the areas of all strata lots in the same strata plan Maximum floor space ratio (FSR) for a strata lot shall bear the same proportion to the maximum floor space permitted by this Bylaw in the entire strata plan of which the strata lot is a part, as the area of the strata lot bears to the sum of the areas of all strata lots in the same strata plan Number of Units and Floor Areas Maximum number of primary dwellings on any lot 1 Maximum number of dwelling units per lot if Area 2 is subdivided into 1 12 lots Maximum number of dwelling units on the lands within Area 2 of CD 2 12 Zone Height Maximum height of a building or structure (metres) 9 9 Setbacks Minimum setback from front or rear lot line forming a boundary of a lot 4.5 4.5 other than a strata lot (metres) Minimum setback from a side lot line forming a boundary of a lot other 3 3 than a strata lot (metres) Minimum setback from a boundary of a bare land strata plan (metres) 4.5 4.5 Conditions of Use No dwelling unit may be occupied unless it is connected to a community water system and a community sewer system Required parking for municipal government officehall use shall be finished with a gravel surface or other non‐impervious surface.
4.15.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 2 Zone – Area 1 and Area 2.
Lot Areas for the Creation of New Lots through Subdivision Area 1 Area 2
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Page 171 of 386 Maximum number of lots that may be created through subdivision 82 12 Minimum lot area for individual lots (m2) 670 367
Minimum84B Service Levels Community Water System Community Sewer System
AREA 3 AND AREA 4
4.15.4 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 2 Zone – Area 3 and Area 4:
Principal Uses of Land, Buildings and Structures Area85B 3 Area86B 4 Dwelling General Services Office Parking area Retail Restaurant Public Community Facilityties such as libraries, museums, art galleries Vehicle Repair Garage Agriculture Horticulture Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Dwelling Home Occupation use subject to Part 3 Accessory Residential Use Residential Guest Accommodation Permitted Buildings and Structures Dwelling, Detached Dwelling, Attached Buildings and Structures accessory to permitted uses
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4.15.5 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the Comprehensive Development 2 (Cates Hill) Zone – Area 3 and Area 4 must comply with the following regulations regarding size, siting and density:
Lot Coverage Area 3 Area 4 Maximum lot coverage 30% Floor Space Ratio (FSR) Maximum floor space ratio (FSR) 0.6 0.3 Maximum floor space for a strata lot shall bear the same proportion to the maximum floor space permitted by this Bylaw in the entire strata plan of which the strata lot is a part, as the area of the strata lot bears to the sum of the areas of all strata lots in the same strata plan. Maximum floor space for a strata lot shall bear the same proportion to the maximum floor space permitted by this Bylaw in the entire strata plan of which the strata lot is a part, as the area of the strata lot bears to the sum of the areas of all strata lots in the same strata plan, and despite anything to the contrary of this Bylaw, access routes may be included in the area of a strata plan for purpose of calculating floor space ratio. Number of Units and Floor Areas Maximum number of primary dwellings on any lot 1 Maximum number of dwelling units on the lands within Area 3 of CD 2 15 Zone Height Maximum height of a building or structure (metres) 9 9 Setbacks Minimum setback from front or rear lot line forming a boundary of a lot 1.5 4.5 other than a strata lot (metres) Minimum setback from a side lot line forming a boundary of a lot other 1.5 3 than a strata lot (metres) Minimum setback from a boundary of a bare land strata plan (metres) 1.5 4.5 Conditions of Use No dwelling unit may be occupied unless it is connected to a community water system No dwelling unit may be occupied unless it is connected to a community sewer system
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Page 173 of 386 Dwelling units must be located above the first storey of a building containing any other permitted use on the first storey The area shown in light gray tone within Area 3 on Schedule “B” to this Bylaw is restricted to a parking area. Vehicle Repair Garage use is limited to one such facility. Outdoor parking areas associated with vehicle repair garage use shall be paved. Drainage from the parking area shall be routed through an oil‐ water separator separate from the one used for the indoor wet work area drainage with sufficient capacity to deal with outdoor run‐off. Drip pans or other suitable barriers shall be used and maintained, where needed, under vehicles that are parked outdoors pending service and repair. A wood or landscape screen at least 1.5m in height shall screen refuse and recycling areas associated with vehicle repair garage use. An oil‐water separator shall be installed where the catch basin in Indoor wet work areas associated with vehicle repair garage use discharge from the building, including discharge from the wash basin and other wet work areas. Oil‐water separators associated with vehicle repair garage use shall be maintained in good working order through regular inspection and clean‐ out as needed to ensure effectiveness. Percent of lot area that can be used for sales or consumption of 0.5% agricultural products to a maximum of 50 m2
4.15.6 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 2 Zone – Area 3 and Area 4.
Lot Areas for the Creation of New Lots through Subdivision Area87B 3 Area8B 4 Maximum number of lots that may be created through subdivision 24 Minimum lot area for individual lots (m2) 325 900
Minimum89B Service Levels Community Water System Community Sewer System Individual on‐site sewage treatment system per lot
AREA 5 AND AREA 6
4.15.7 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 2 Zone – Area 5 and Area 6:
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Principal Uses of Land, Buildings and Structures Area 5 Area 6 Retreat centre Assembly Cemetery Church Public community facilities facility such as libraries, museums, art galleries, indoor entertainment and recreational facilities Indoor entertainment facility Daycare Government buildings such as post office, government offices Police Station, Ambulance Hall, Fire HallEmergency Services Hospital, Health Centre orMedical Clinic Personal care home Summer Camp School Dwelling Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Columbarium Home Occupation use subject to Part 3 Permitted Buildings and Structures Dwelling, Detached Buildings and Structures accessory to permitted uses
4.15.8 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 2 – Area 5 and Area 6 must comply with the following regulations regarding size, siting and density:
Lot Coverage Area90B 5 Area91B 6 Maximum lot coverage, except for summer camp 40% Floor Space Ratio (FSR) Maximum floor space ratio (FSR) 0.1 Number of Units and Floor Areas Maximum floor area of any guest bedroom (m2) 40
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Page 175 of 386 Lot Coverage Area90B 5 Area91B 6 Maximum number of guest bedrooms 20 Height Maximum height of a building or structure (metres) 9 9 Setbacks Minimum setback from front lot line (metres) 7.5 7.5 Minimum setback from all other lots lines (metres) 7.5 3 Conditions of Use Maximum number of retreat centres per lot 1 The area shown in light gray tone within Area 5 on Schedule “B” to this Bylaw shall be kept in its natural state as outlined in restrictive covenant BN320969.
4.15.9 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 2 Zone – Area 5 and Area 6:
Lot Areas for the Creation of New Lots through Subdivision Area92B 5 Area93B 6 Maximum number of lots that may be created through subdivision 1 Minimum lot area for individual lots (ha) 2 Minimum lot area for individual lots (ha) not served by community 4 water system Minimum lot area for individual lots (ha) served by community water 0.2 system
AREA 7
4.15.10 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 2 Zone – Area 7:
Principal Uses of Land, Buildings and Structures Area94B 7 Open Space Outdoor Assembly Play Fields Playgrounds Hard surface Courts
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Page 176 of 386 Indoor Recreation Entertainment Facility
Accessory95B Uses of Land, Buildings and Structures Uses accessory to principal uses
Permitted96B Buildings and Structures Buildings and Structures accessory to permitted uses
4.15.11 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 2 Zone – Area 7 must comply with the following regulations regarding size, siting and density:
Height Area97B 7 Maximum height of a building or structure (metres) 9
Setbacks98B Minimum setback from all lot lines (metres) 7.5
4.15.12 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 2 Zone – Area 7:
Lot Areas for the Creation of New Lots through Subdivision Area9B 7 Average minimum lot area for individual lots (ha) served by a 0.3 community water system
4.15.13 Exceptions in Particular Locations
(1) Zone variation – CD 2 Area 1 (a) (a) Dwelling, Two Family (Secondary Dwelling) is a permitted use (b) Secondary Suite is not a permitted use in a building containing a secondary dwelling (c) Maximum floor area of dwelling for primary dwelling is 170 m2 (d) Maximum floor area of dwelling for secondary dwelling is 90 m2
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Page 177 of 386 4.16 COMPREHENSIVE DEVELOPMENT 3 (CD 3) ZONE (BOWEN BAY)
Information Note: Consistent with Official Community Plan policy that supports the use of comprehensive development zones to recognize historic neighbourhoods, the CD 3 Zone provides regulations for a historic neighbourhood of summer homes established in 1943 now used as year‐round residences served by a private water system. This zone includes regulations for a 14 lot bare land strata subdivision reflecting established development patterns generally as shown on Schedule “C” to this Bylaw.
The regulations in the tables in this Section apply to land in the Comprehensive Development 3 (Bowen Bay) Zone, as indicated by the column headings.
4.16.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 3 Zone:
Principal Uses of Land, Buildings and Structures CD310B Dwelling Horticulture Agriculture
Accessory10B Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use subject to Part 3 Accessory Residential Uses Residential Guest Accommodation
Permitted102B Buildings and Structures Dwelling, Detached Buildings and Structures accessory to permitted uses
4.16.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 3 Zone must comply with the following regulations regarding size, siting and density.
Lot Coverage CD103B 3 Maximum lot coverage (%) for all buildings and structures in the CD 3 Zone 10% Maximum lot coverage (%) for all buildings and structures, excluding decks, by strata lot generally as shown on Schedule “C” to this Bylaw and listed below: SL 1 18%
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Page 178 of 386 Lot Coverage CD103B 3 SL 2 23% SL 3 30% SL 4 17% SL 5 12% SL 6 20% SL 7 15% SL 8 20% SL 9 26% SL 10 16% SL 11 17% SL 12 20% SL 13 15% SL 14 14%
Number104B of Units Maximum number of dwelling units per 0.55 ha of total lot area (7.8 ha.) within the 1 CD 3 Zone Maximum number of primary strata dwelling units on any lot 1 Maximum number of accessory buildings or structures per strata lot that may be 1 used for home occupation
Height105B Maximum height of a building or structure (metres) 9
Setbacks106B Minimum setback from all lot lines, except the natural boundary of the sea, for existing dwellings and accessory structures: Generally, as shown on Schedule “C” Minimum setback from all lot lines, except the natural boundary of the sea, for new 3.0 dwellings (metres) Minimum setbacks from all lot lines, except the natural boundary of the sea, for 1.5 new accessory structures (metres) Despite Section 3.16, minimum setback from the natural boundary of the sea except 7.5 for SL 14 (metres) Despite Section 3.16, minimum setback from the natural boundary of the sea for SL 15 14 (metres)
Conditions107B of Use Agricultural use is limited to common property over 2 ha in area
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Page 179 of 386 4.16.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 3 Zone:
Lot Areas for the Creation of New Lots through Subdivision CD108B 3 Maximum number of lots that may be created through subdivision 14 Minimum average lot area (ha) served by community water system 0.4 Minimum lot area (ha) served by community water system 0.2 Configuration of a 14‐lot bare land strata subdivision served by a community water system: Generally as shown on Schedule “C”
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Page 180 of 386 4.17 COMPREHENSIVE DEVELOPMENT 4 (CD 4) ZONE (HOOD POINT)
Information Note: Consistent with Official Community Plan policy that supports the use of comprehensive development zones to recognize historic neighbourhoods, the CD 4 Zone provides regulations for new development within a waterfront residential neighbourhood settled in 1928 and built with established character and development patterns.
The Hood Point neighbourhood includes residential development, neighbourhood‐owned community land and facilities and green space and is served by a community water system developed as a neighbourhood initiative. The community land and facilities are owned by the Hood Point Householders’ Society. The Society is the forum for neighbourhood decision‐making within District Lot 823.
The regulations in the tables in this Section apply to land in the Comprehensive Development 4 (Hood Point) Zone, as indicated by the column headings.
For purposes of regulation the area within the boundary of the CD 4 Zone is divided into three (3) separate areas labelled as Area 1 through Area 3 inclusive and the location of each separate area is on Schedule “B” to this Bylaw. Each area boundary within the CD 4 Zone shall be considered a zone boundary for the purposes of this Bylaw and separate regulations shall apply to each area as contained in this Section.
4.17.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 4 (Hood Point) Zone:
Principal uses of Land, Buildings and Structures Area109B 1 Area10B 2 Area1B 3 Dwelling Community Hall Outdoor Community and Recreational Facilities Assembly Open Space Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use subject to Part 3 Accessory Residential Use Residential Guest Accommodation Permitted Buildings and Structures Dwelling, Detached
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Page 181 of 386 Buildings and Structures Accessory to permitted uses
4.17.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 4 (Hood Point) Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage Area12B 1 Area13B 2 Area14B 3 Maximum lot coverage (%) 30% 40% 1% Number of Units and Floor Area Maximum number of primary dwellings on any lot 1 1 Maximum floor area for an accessory building for vehicle storage 40 93 (m2) Maximum number of accessory buildings or structures per lot 1 that may be used for home occupation use Height Maximum height of a principal building or structure (metres 9 9 3 Maximum height of an accessory building or structure (metres) 9 9 5 Setbacks Minimum setback from interior side lot line (metres) 3 3 3 Minimum setback from exterior side, front or rear lot line 7.5 7.5 7.5 (metres) Minimum setback for a building from any lot line that abuts a 4.6 4.6 4.6 highway (metres) Despite Section 3.16, minimum setback from the natural 15 boundary of the sea (metres) Despite Section 3.16, minimum setback from the natural 7.5 boundary of the sea when the natural boundary of the sea is protected from erosion by natural bedrock as determined in a report under seal of a Professional Geotechnical Engineer or protected from erosion through works designed under seal of a Professional Geotechnical Engineer (metres) Conditions of Use Home occupations shall be carried on wholly within a building or structure
4.17.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 4 Zone:
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Page 182 of 386 Lot Areas for the Creation of New Lots through Subdivision Area15B 1 Area16B 2 Area17B 3 Minimum average lot area (ha.) served by community water 0.4 0.4 system except for Finisterre Island Minimum average lot area (ha.) not served by community 1.0 water system except for Finisterre Island Minimum lot area (ha) served by community water system 0.2 0.2 except for Finisterre Island Minimum lot area (ha.) not served by community water 1.0 1.0 4.0 system except for Finisterre Island Minimum average lot area (ha.) for Finisterre Island (Blk. 12, 2.0 D.L. 823, Plan 9089) Minimum lot area (ha) for Finisterre Island (Blk. 12, D.L. 823, 2.0 Plan 9089)
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Page 183 of 386 4.18 COMPREHENSIVE DEVELOPMENT 5 (CD 5) ZONE (ORCHARD RECOVERY CENTRE)
Information Note: The purpose of the CD 5 Zone is to recognize a rural property with multiple uses and buildings. This property is located adjacent to Terminal Creek and has changed from an industrial site to a recreation and service oriented site.
The regulations in the tables in this Section apply to land in the Comprehensive Development 5 (Orchard Recovery Centre) Zone, as indicated by the column headings.
4.18.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the Comprehensive Development 5 (Orchard Recovery Centre) Zone:
CD 5 Principal Uses of Lands, Buildings and Structures Health and Wellness Centre Recovery Care Housing Cottage Artisan Industry General Services Office Recreation, Training and Meeting Centre Accessory Uses of Lands, Buildings and Structures Uses accessory to the principal uses Home Occupation use, Subject to Part 3 Dwelling Retail Permitted Buildings and Structures Dwelling, detached Buildings and Structures accessory to permitted uses
4.18.2 Size, Siting and Density of Permitted
Lot Coverage CD 5 Maximum lot coverage (%) 33% Number of Units and Site Area Maximum number of dwellings per lot 1 Maximum number of guest bedrooms 9 Maximum number of in‐residence guests 18 Maximum number of accessory buildings for each 0.2 ha of lot 1 area or portion thereof, subject to Part 3
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Page 184 of 386 Maximum number of accessory buildings on any lot that may 1 be used for home occupation for each 0.2 ha of lot area or portion thereof Floor Area Maximum floor area that may be used for retail use (sq. m.) 50 Height Maximum height of a building or structure (metres) 11 Setbacks Minimum setback from front lot line (metres) 7.5 Minimum setback from interior lot line (metres) 2.9 Conditions of Use Where a lot in the CD 5 zone abuts a lot with dwelling use or a highway a landscape screen not less than 1.5 metres in height shall be provided within the minimum setback area of the lot in the CD 5 zone adjacent to the lot line
4.18.3 Subdivision and Servicing Requirements
(1) The regulations in the Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the Comprehensive Development 5 Zone. CD 5 Lot Areas for the Creation of New Lots through Subdivision Minimum lot area (ha) with community water system 0.8
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Page 185 of 386 4.19 COMPREHENSIVE DEVELOPMENT 6 (CD 6) ZONE (COWAN POINT)
Information Note: The purpose of the CD 6 Zone is to recognize a comprehensively planned area called Cowan Point which includes residential areas, a golf course, parks and trails, nature conservation lands, local and tourist commercial services, and a retreat. Covenants have been registered on the lands to further guide the development of the area.
The regulations in the tables in this Section apply to land in the Comprehensive Development 6 (Cowan Point) Zone, as indicated by the column headings. For purposes of regulation the area within the boundary of the CD 6 Zone is divided into nine (9) separate areas labelled as Area 1 through Area 9 inclusive and the location of each separate area is on Schedule “A” to this Bylaw. Each area boundary within the CD 6 Zone shall be considered a zone boundary for the purposes of this Bylaw and separate regulations shall apply to each area as contained in this Section. Minor adjustments to the establishment of the area boundaries will be permitted based upon more detailed site investigations that will be undertaken during the subdivision approval stage.
4.19.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD‐6 zone:
Principal Uses of Land, Buildings and Structures Areas 1‐8 Area 9 Dwelling (See Section 4.19.1(2)) Retail Golf Course Office InnGuest House Assembly (See Section 4.19.3(3)) General Services Restaurant Pub Parking Area (See Section 4.19.1(2)) Retreat Centre Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use, subject to Section 3.34 Accessory Residential Use Residential Guest Accommodation Permitted Buildings and Structures
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Page 186 of 386 Dwelling, Detached Dwelling, Attached Buildings and Structures accessory to permitted uses Retail (See Section 4.19.1(2)) Golf Course Office InnGuest House Assembly General Services (See Section 4.19.3(3)) Restaurant Pub Retreat Centre (See Section 4.19.1(2))
(2) Notwithstanding the Permitted Buildings and Structures outlined in Section 4.19.1, the following additional regulations shall apply:
a) A retail use shall be restricted to a convenience store. b) A retreat centre use shall be restricted to Area 8.
(3) Notwithstanding the Definition of “general service”, a general service use within this zone shall not include a bank and financial institution.
(4) Notwithstanding the uses permitted in Area 9, the uses shall be restricted to particular locations as follows:
Permitted Buildings and Structures in Area 9 Area 9A Area 9B Area 9C
Dwelling, Detached Dwelling, Attached Retail Golf Course Golf Course Club House Office InnGuest House Assembly General Services Restaurant
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Page 187 of 386 Pub 4.19.2 Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 6 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage Areas 1, 3‐8 Area 2 Area 9 Maximum lot coverage 10% 30% 40% Floor Space Ratio Maximum floor space ratio (FSR) for detached dwelling 0.3 0.3 Maximum floor space ratio (FSR) for attached dwelling 0.75 Floor Space Maximum floor space for Retail (See Section 4.19.2(4)) 250 m2 Maximum floor space for Office (See Section 4.19.2(4)) 250 m2 Maximum floor space for InnGuest House 2250 m2 Maximum floor space for Assembly (See Section 4.19.2(4)) 250 m2 Maximum floor space for General Services (See Section 350 600 4.19.2(4)) m2 Maximum floor space for Restaurant (See Section 4.19.2(3) & (4)) 300 m2 Maximum floor space for Pub (See Section 4.19.2(3) & (4)) 300 m2 Maximum floor space for Golf Clubhouse (See Section 4.19.2(4)) 300 m2 Maximum floor space for Retreat Centre 1500 m2 Number of Dwelling Units Maximum number of primary dwelling units in CD‐6 90 23 48 (See Section zone 4.19.2(2)) Maximum number of primary dwelling units per lot 1 1 4 Height Maximum height of a building or structure (metres) 9 9 9 Maximum height of an Inn Guest House (metres) 12 Setbacks Minimum setback from front or rear lot line (metres) 7.5 4.5 1.5 Minimum setback for a building from any lot line that 4.6 abuts a highway (metres)
Minimum setback from a side lot line (metres) 3 3 1.5 Minimum setback from the sea (metres) 15 15 15 Conditions of Use
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Page 188 of 386 No dwelling unit may be occupied unless it is connected to a community water system and a community sewer system An Inn Guest House shall not have more than 20 guest bedrooms
(2) The maximum number of attached dwelling units within Area 9 shall not exceed 10. No dwelling units shall be permitted in Area 9C.
(3) Notwithstanding the maximum amount of floor space for a restaurant and pub permitted in Section 4.19.2, the total amount of floor space for a restaurant and pub shall not exceed 300 square metres.
(4) Notwithstanding the maximum amount of floor space established for particular commercial uses in Section 4.19.2, the following additional requirements shall apply:
a) retail, general service, office, restaurant, and pub use shall not exceed a combined floor space of 550 square metres; and b) assembly and golf clubhouse use shall not exceed a combined floor space of 550 square metres.
4.19.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 6 Zone:
Area Maximum No. of Lots Minimum Lot Size Area 1 57 0.4 ha Area 2 23 670 m2 Area 3 6 0.4 ha Area 4 2 0.4 ha Area 5 9 0.4 ha Area 6 1 1.5 ha Area 7 1 4 ha Area 8 15 (See Section 4.19.3(4)) 0.4 ha Area 9 48 325 m2
(2) No lot within Area 2 or Area 9 shall be created unless it is connected to a community water system and community sewer system.
(3) No lot within Area 1 and Areas 3‐8 shall be created unless it satisfies the water supply and sewage disposal requirements of this Bylaw.
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(4) Not more than 14 residential lots shall be created within Area 8.
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Page 190 of 386 4.20 COMPREHENSIVE DEVELOPMENT 7 (CD 7) ZONE (REID – PASS)
Information Note: The purpose of the CD 7 Zone is to accommodate the subdivision of the lands for a maximum of 9 lots while securing approximately 40% of the subject lands for environmental protection and for park purposes.
The regulations in the tables in this Section apply to land in the Comprehensive Development 7 (Reid / Pass) Zone, as indicated by the column headings. For the purposes of this zone, different regulations apply to different portions of the zone (Sub Area 1 and Sub Area 2), the boundaries of which are identified on the map attached to this zone as Schedule A, which forms an integral part of this Bylaw as Schedule 2.
4.20.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 7 Zone:
Principal Uses of Land, Buildings and Structures Sub Area 1 Sub Area 2 Dwelling Horticulture Agriculture Domestic Agriculture Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use subject to Part 3 Mini Storage on lots 1 ha and larger Accessory Residential Uses Residential Guest Accommodation Domestic Agriculture Permitted Buildings and Structures Dwelling, Detached Buildings and Structures accessory to permitted uses
4.20.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 7 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage Sub Areas 1 and 2 Maximum combined lot coverage of all buildings and structures (m2) calculated as follows: 100 m2 plus 10% of the lot to a maximum of 500 m2
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Page 191 of 386 Height Sub Areas 1 and 2 Maximum height of a building or structure (metres) 9 Setbacks Sub Areas 1 and 2 Minimum setback from side lot lines (metres) 3 Minimum setback from front and rear lot lines (metres) 7.5 Minimum setback for a building from any lot line that abuts a highway 4.6 (metres) Number of Units and Site Areas Sub Area 1 Sub Area 2 Maximum number of primary dwellings on any lot 1 1 Maximum number of dwellings 3 6 Maximum number of accessory buildings on any lot for each 0.2 ha of lot 1 1 area or portion thereof, plus 1 Maximum number of accessory buildings on any lot that may be used for 1 1 home occupation for each 0.2 ha of lot area or portion thereof
4.20.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 7 Zone:
Lot Areas for the Creation of New Lots through Subdivision Sub Area 1 Sub Area 2 Maximum number of lots to be created by subdivision 3 6 Minimum lot area (ha.) 1.0 0.4
4.20.4 Off Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements.
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Page 192 of 386 4.21 COMPREHENSIVE DEVELOPMENT 8 (CD 8) ZONE (MALKIN CREEK)
Information Note: The purpose of the CD 8 Zone is to accommodate the subdivision of the lands for a maximum of 16 lots while securing approximately 32.5% of the subject lands for environmental and watershed protection purposes.
The regulations in the tables in this Section apply to land in the Comprehensive Development 8 (Malkin Creek) Zone, as indicated by the column headings. For the purposes of this zone, different regulations apply to different portions of the zone (Sub Area 1 and Sub Area 2), the boundaries of which are identified on the map attached to this zone as Schedule A, which forms an integral part of this Bylaw as Schedule 2.
4.21.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 8 Zone:
Principal Uses of Land, Buildings and Structures Sub Area 1 Sub Area 2 Dwelling Domestic Agriculture Open Space Neighbourhood Park Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use subject to Part 3 Accessory Residential Use Residential Guest Accommodation Domestic Agriculture Permitted Buildings and Structures Dwelling, Detached Buildings and Structures accessory to permitted uses
4.21.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 8 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage Sub Area 1 Maximum combined lot coverage of all buildings and structures (m2) calculated as follows: 100 m2 plus 10% of the lot to a maximum of 500 m2
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Page 193 of 386 Number of Units and Site Areas Maximum number of primary dwellings on any lot 1 Maximum number of primary dwellings 16 Maximum number of accessory buildings on any lot for each 0.2 ha of lot area or 1 portion thereof, plus 1 Maximum number of accessory buildings on any lot that may be used for home 1 occupation for each 0.2 ha of lot area or portion thereof Height Maximum height of a building or structure (metres) 9 Setbacks Minimum setback from side lot lines (metres) 3 Minimum setback from front and rear lot lines (metres) 7.5 Minimum setback for a building from any lot line that abuts a highway (metres) 4.6
4.21.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 8 Zone.
Lot Areas for the Creation of New Lots through Subdivision Sub Area 1 Maximum number of lots to be created by subdivision 16 Minimum lot area (ha.) 0.2
4.21.4 Off Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements.
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Page 194 of 386 4.22 COMPREHENSIVE DEVELOPMENT 9 (CD 9) ZONE (BUCHANAN)
Information Note: The purpose of the CD 9 Zone is to accommodate the subdivision of the lands for a maximum of 9 lots while securing approximately 25% of the subject lands for environmental and creek protection purposes.
The regulations in the tables in this Section apply to land in the Comprehensive Development 9 (Buchanan) Zone, as indicated by the column headings. For the purposes of this zone, different regulations apply to different portions of the zone (Sub Area 1 and Sub Area 2), the boundaries of which are identified on the map attached to this zone as Schedule A, which forms an integral part of this Bylaw as Schedule 2.
4.22.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 9 Zone:
Principal Uses of Land, Buildings and Structures Sub Area 1 Sub Area 2 Dwelling Domestic Agriculture Open Space Neighbourhood Park Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use subject to Part 3 Accessory Residential Use Residential Guest Accommodation Domestic Agriculture Permitted Buildings and Structures Dwelling, Detached Buildings and Structures accessory to permitted uses
4.22.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the Comprehensive Development 9 (Buchanan) Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage Sub Area 1 Maximum combined lot coverage of all buildings and structures (m2) calculated as follows: 100 m2 plus 10% of the lot to a maximum of 500 m2
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Page 195 of 386 Number of Units and Site Areas Sub Area 1 Maximum number of primary dwellings on any lot 1 Maximum number of dwellings 9 Maximum number of accessory buildings on any lot for each 0.2 ha of lot 1 area or portion thereof, plus 1 Maximum number of accessory buildings on any lot that may be used for 1 home occupation for each 0.2 ha of lot area or portion thereof Height Maximum height of a building or structure (metres) 9 Setbacks Minimum setback from side lot lines (metres) 3 Minimum setback from front and rear lot lines (metres) 7.5 Minimum setback for a building from any lot line that abuts a highway 4.6 (metres)
4.22.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 9 Zone.
Lot Areas for the Creation of New Lots through Subdivision Sub Area 1 Maximum number of lots to be created by subdivision 9 Minimum lot area (ha.) 0.2
4.22.4 Off Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements.
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Page 196 of 386 4.23 COMPREHENSIVE DEVELOPMENT 10 (CD 10) ZONE (RUDDY POTATO)
Information Note: The purpose of the CD 10 Zone is to provide opportunities for cottage Artisan industry and residential mixed‐use, including affordable rental housing, in a rural setting.
The regulations in the tables in this Section apply to land in the CD 10 Zone, as indicated by the column headings.
4.23.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 10 Zone:
Principal Uses of Land, Buildings and Structures Area 1 Area 2 Dwelling Domestic Agriculture Agriculture Horticulture Cottage Artisan Industry Stable Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation Accessory Residential Use Dwelling, subject to 4.24.1(2) & 4.24.1(3) Residential Guest Accommodation Domestic Agriculture Permitted Buildings and Structures Dwelling, Detached Buildings and Structures accessory to permitted uses
(2) Accessory dwelling use shall only be permitted within a building that contains a cottage artisan industry use
(3) Accessory dwelling use shall be subject to a Housing Agreement.
4.23.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 10 Zone must comply with the following regulations regarding size, siting and density:
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Lot Coverage Area 1 Area 2 Maximum combined lot coverage of all 100 m2 plus 5% of lot 100 m2 plus 3.5% of lot buildings and structures (m2) calculated as area to maximum of area to maximum of follows: 1500 m2, plus an 1500 m2 additional 2% of lot area to maximum of 100 m2 for greenhouse use only Number of Dwelling Units Maximum number of accessory dwelling units 1 Height Maximum height of a building or structure 9 9 (metres) Setbacks Minimum setback from front and rear lot lines 7.5 7.5 (metres) Minimum setback for a building from any lot 4.6 line that abuts a highway (metres) Minimum setback from side lot lines (metres) 7.5 3
4.23.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act.
Lot Areas for the Creation of New Lots through Subdivision CD 10 Minimum lot area (ha) for individual lots without community water system 2 Minimum lot area (ha) for individual lots with community water system 2
4.23.4 Off Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements; at the rate of 2 parking spaces per constructed dwelling unit.
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Page 198 of 386 COMPREHENSIVE DEVELOPMENT 11 (CD 11) ZONE (GAS STATION)
Information Note: The purpose of the CD 11 Zone is to accommodate the development of a gas station that is of a size and scale that is consistent with the character of Bowen Island.
4.24.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 11 Zone:
Principal Uses of Land, Buildings and Structures CD 11 Gas Station, subject to Section 4.24.3 (Conditions of Use) Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Dwelling Use Retail Use, subject to Section 4.24.3 (Conditions of Use) Permitted Buildings and Structures Gas Station Buildings and Structures accessory to permitted uses
4.24.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 11 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage CD 11 Maximum combined lot coverage of all buildings and structures 15% Number of Units Maximum number of accessory dwellings units 1 Height Maximum height of a building or structure (metres) 7 Maximum height of a storage tank (metres) 3 Setbacks Minimum setback from all lot lines (metres) 7.5
4.24.3 Conditions of Use
(1) A gas station use shall be subject to the following conditions:
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Page 199 of 386 a) Only 2 above‐ground fuel tanks each having a capacity of not more than 36000 litres and 2 below ground fuel separator tank of not more than 2200 litres shall be permitted. b) The placement of the tanks, installation, upkeep, as well as other provisions as included in the Fire Services Act and Regulations shall be adhered to, to the satisfaction of the Bowen Island Fire Chief. c) The maximum size of a building shall not exceed a total of 150 square metres, with not more than 80 square metres on the ground level.
(2) Notwithstanding the definition of gas station use, a convenience store shall not be permitted as part of a gas station use, however an accessory retail use typically associated with the sale of gasoline, such as engine oil and food snacks shall be permitted. The maximum amount of floor area to be used for accessory retail use shall not exceed 14 square metres.
(3) An accessory dwelling unit shall not exceed a floor area of 70 square metres.
4.24.4 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 11 Zone:
Lot Areas for the Creation of New Lots through Subdivision CD 11 Maximum number of lots to be created by subdivision 1 Minimum lot area (ha) 0.1
4.23.5 Off Street Parking Requirements
(1) Off Street Parking shall be provided in accordance with the requirements for gas stations as specified in Part 5 of this Bylaw.
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Page 200 of 386 4.24 COMPREHENSIVE DEVELOPMENT 12 (CD 12) ZONE (GREENWAY WEST)
Information Note: The purpose of the CD 12 Zone is to accommodate the subdivision of the lands for a maximum of 23 lots while securing approximately 50% of the subject lands for parks and trails and for environmental protection purposes.
The regulations in the tables in this Section apply to land in the Comprehensive Development 12 (Greenway West) Zone, as indicated by the column headings. For the purposes of this zone, different regulations apply to different portions of the zone (Sub Areas 1, 2, and 3), the boundaries of which are identified on the map attached to this zone as Schedule A, which forms an integral part of this Bylaw as Schedule 2.
4.25.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 12 Zone:
Principal Uses of Land, Buildings and Structures Sub Area 1 Sub Area 2 Sub Area 3 Dwelling, Detached Accessory Residential Domestic Agriculture Open Space Neighbourhood Park Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use subject to Part 3 Accessory Residential Use Residential Guest Accommodation Domestic Agriculture Permitted Buildings and Structures Dwelling, Detached Buildings and Structures accessory to permitted uses
4.25.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 12 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage Sub Area 1 Sub Area 2 Maximum combined lot coverage of all buildings, structures, and 300 m2 impervious surfaces
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Page 201 of 386 Number of Units and Site Areas Sub Area 1 Sub Area 2 Maximum number of primary dwellings on any lot 1 1 Maximum number of primary dwellings 22 1 Maximum number of accessory secondary suites or detached 7 1 secondary suites Maximum number of accessory buildings on any lot 2 2 Maximum number of accessory buildings on any lot that may be 1 1 used for home occupation Maximum size of all buildings, excluding garage and uninhabited 230 m2 accessory buildings Despite subsections 3.54.64 and 3.54.75, maximum size of detached 75 m2 75 m2 secondary suite Height Maximum height of a primary building or structure (metres) 9 9 Maximum height of an accessory building or structure (metres) 9 9 Setbacks Minimum setback from side lot lines (metres) 3 3 Minimum setback from front lot lines (metres) 3 7.5 Minimum setback from rear lot lines (metres) 7.5 7.5
4.25.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 12 Zone.
Lot Areas for the Creation of New Lots through Subdivision Sub Area 1 Sub Area 2 Maximum number of lots to be created by subdivision 22 1 Minimum lot area (ha.) 0.2 2
4.25.4 Off Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements.
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4.25 COMPREHENSIVE DEVELOPMENT 13 (CD 13) ZONE (WORKS YARD – GAS STATION)
Information Note: The purpose of the CD 13 Zone is to accommodate the construction of a gas station on a portion of the works yard off of Mount Gardner Road.
The regulations in the tables in this Section apply to land in the Comprehensive Development 13 (Works Yard – Gas Station) Zone, as indicated by the column headings. For the purposes of this zone, different regulations apply to different portions of the zone (Areas 1 and 2), the boundaries of which are identified on the map attached to this zone as Schedule A, which forms an integral part of this Bylaw.
4.26.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the Comprehensive Development 13 (Works Yard – Gas Station) Zone:
Principal Uses of Land, Buildings and Structures Area 1 Area 2 Public Works Yard Transfer Station Recycling Depot Compost Facility Cottage Artisan Industry Gas Station Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Retail Use subject to section 4.26.3 (Conditions of Use) Permitted Buildings and Structures Gas Station Buildings and Structures accessory to permitted uses
4.26.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 13 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage Area 1 Area 2 Maximum combined lot coverage of all building and structures 30% 15% Height Area 1 Area 2 Maximum height of a building or structure (metres) 12 7
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Page 203 of 386 Maximum height of a storage tank (metres) 3 3 Setbacks Minimum setback from all lot lines (metres) 1 From a Watercourse Despite Section 3.18 (metres) 50 From Highway (metres) All lot lines (metres) 10 When lot abuts an Industrial Zoned lot All lot lines (metres) 0 When lot abuts a non‐Industrial Zoned lot All lot lines: Same setbacks as Zone abutting property
4.26.3 Conditions of Use
Conditions of Use Area 1 Area 2 Storm water run‐off from paved areas must pass through an oil/water separator Storage of hazardous materials is subject to a Spill Management Plan Landscape Screen of 3 metres in height to be provided along lot lines adjacent to a Highway Only 2 above‐ground fuel tanks, each having a capacity of not more than 36000 litres, and 2 below ground fuel separator tanks of not more than 2200 litres shall be permitted. The placement of the tanks, installation, upkeep, as well as other provisions as included in the Fire Services Act and Regulations shall be adhered to, to the satisfaction of the Bowen Island Fire Chief. The maximum size of building shall not exceed a total of 25 square metres. Notwithstanding the definition of gas station use, a convenience store shall not be permitted as part of a gas station use, however an accessory retail use typically associated with the sale of gasoline, such a engine oil and food snacks shall be permitted. The maximum amount of floor area to be used for accessory retail use shall not exceed 7 square metres Off street parking shall be provided in accordance with the requirements for gas stations as specified in Part 5 of this Bylaw
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Page 204 of 386 4.26 COMPREHENSIVE DEVELOPMENT 15 (CD 15) ZONE (SENIORS PRECINCT)
Information Note: The purpose of the CD 15 Zone is to accommodate the development of seniors and supportive housing, in addition to market housing along Miller Road within Snug Cove.
The regulations in the tables in this Section apply to land in the CD 15 Zone, as indicated by the column headings.
4.27.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 15 Zone:
Principal Use of Land, Buildings and Structures Area 1 Area 2 Area 3 Dwelling Supportive Housing
Permitted127B Buildings and Structures Dwelling, Detached Dwelling, Attached Buildings and structures accessory to principal uses Accessory Uses of Land, Buildings and Structures Uses accessory to principal use Accessory Residential Use Home Occupation Uses subject to Part 3 Residential Guest Accommodation
4.27.2 Size and Siting of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 15 Zone must comply with the following regulations regarding size, siting and density:
Lot128B Coverage Area 1 Area 2 Area 3
Maximum129B lot coverage of all buildings and structures 50% 55% 60% Maximum FSR for all buildings and structures 0.85 Maximum size for Dwelling, Detached, or Dwelling, 140 Attached (square metres) not including one parking space in an attached garage Height
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Page 205 of 386 Maximum Height of a building or structure shall be the 9 14 11 lesser of 3 stories or (metres) Units Total number of primary dwellings for area 19 24 27 Minimum number of units of Supportive Housing 16 Maximum number of Dwelling, Attached units 8 Maximum number of Dwelling, Detached and Dwelling, 27 Attached units Setbacks Minimum setback from front lot line (metres) 4 4 3 Minimum setback from front lot line for garage (metres) 2.1 Minimum setback from front lot line for carport (metres) 0.3 Minimum setback from side lot line for Supportive Housing 3 3 (metres) Minimum setback from side lot line for attached and 3 1.2 1.2 detached dwelling (metres) Minimum setback from rear lot line (metres) 3 3 2.4
4.27.3 Off Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements, except that the off‐street parking for Supportive Housing and for Dwellings, Attached in Area 2 shall be a minimum of 0.6 spaces per unit.
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Page 206 of 386 4.27 COMPREHENSIVE DEVELOPMENT 16 (CD 16) ZONE (BELTERRA)
Information Note: The purpose of the CD 16 Zone is to accommodate the development of a cohousing project.
The regulations in the tables in this Section apply to land in the Comprehensive Development 16 Zone (Belterra), as indicated by the column headings.
4.28.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 16 Zone:
Principal Uses of Land, Buildings and Structures CD 16 Cohousing Common Amenity Building Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use subject to Part 3 Domestic Agriculture Residential Guest Accommodation Permitted Buildings and Structures Dwelling, Attached Buildings and Structures accessory to permitted uses
4.28.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 16 must comply with the following regulations regarding size, siting and density:
Lot Coverage CD 16 Maximum combined lot coverage of all buildings and structures 15% Number of Dwelling Units and Building Footprint Maximum number of dwellings 30 Maximum number of dwellings in a building 8 Maximum number of buildings with Cohousing use 5 Maximum total floor area of all buildings with Cohousing use (square metres) 1850 Maximum Building footprint of Common Amenity Building use (square metres) 280 Maximum building footprint of accessory buildings (square metres) 1250
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Page 207 of 386 Height Maximum height of a principal building or structure(metres) 9 Maximum height of an accessory building or structure (metres) 6 Setbacks Minimum setback from all lot lines (metres) 7.5 Minimum setback from the property boundary that separates the two lots created 3 by subdivision (metres) Minimum setback from a lot line that defines a lot within the Agricultural Land 30 Reserve (metres)
4.28.3 Subdivision and Servicing Requirements
(1) The regulations in this section apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 16 Zone.
Lot Areas for the Creation of New Lots through Subdivision CD 16 Maximum number of lots to be created by subdivision (other than a strata lot) (ha.) 2 Maximum number of strata lots to be created by subdivision 30 Minimum lot area of lot being subdivided (other than a strata lot) (ha.) 0.75
4.28.4 Conditions of Use
(1) The development of land within the CD‐16 zone shall take place generally in accordance with the Development Plan which forms an integral component of this zone and is attached to this zone as Schedule A.
4.28.5 Off Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements, except that the number of required parking spaces shall be based on the ratio of 1.5 parking spaces per dwelling unit.
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4.28 COMPREHENSIVE DEVELOPMENT 17 (CD 17) ZONE (PROCTOR)
Information Note: The purpose of the CD 17 Zone is to accommodate the development of two residential properties and an area for preservation as natural habitat and pedestrian trail.
The regulations in the tables in this Section apply to land in the CD 17 Zone, as indicated by the column headings.
4.29.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 17 Zone:
Principal Uses of Land, Buildings and Structures Area 1 Area 2 Dwelling Domestic Agriculture Open Space Nature Protection Trails Accessory Uses of Land, Buildings and Structures Area 1 Area 2 Uses accessory to principal uses Home Occupation use subject to Part 3 Accessory Residential Use Residential Guest Accommodation Domestic Agriculture Permitted Buildings and Structures Area 1 Area 2 Dwelling, Detached Buildings and Structures accessory to permitted uses
4.29.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Uses, buildings and structures in the CD 17 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage Area 1 Area 2 Maximum combined lot coverage of all buildings and structures calculated as follows: 100m2 plus 10% to a maximum of 500 m2 Maximum combined lot coverage of all buildings and structures shall not exceed 1% of the lot area. Height Area 1 Area 2
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Page 209 of 386 Maximum height of a building or structure (metres) 9 9 Setbacks Area 1 Area 2 Minimum setback from all lot lines for all structures – 7.5 metres Minimum setback from front and rear lot lines – 7.5 metres Minimum setback from side lot lines – 3 metres
4.29.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act.
Lot Areas for the Creation of New Lots through Subdivision CD 17 Minimum lot area (ha) without community water system (Area 1) 1 Minimum lot area (ha) with community water system (Area 1) 1 Minimum lot area (ha) (Area 2) 2
4.29.4 Off Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements, at the rate of 2 parking spaces per constructed dwelling unit.
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Page 210 of 386 4.29 COMPREHENSIVE DEVELOPMENT 18 (CD 18) ZONE (ARBUTUS RIDGE)
Information Note: The purpose of the CD 18 Zone is to provide regulations for the subdivision and comprehensive development of approximately 38 hectares of land as three separate areas. Area 1 permits 38 lots for detached residential dwellings in seven “clusters” of development. Area 2 permits a “cottage residential development” providing special needs housing and a range of accessory uses. Area 3 will provide for parkland consisting of a combination of natural areas, trails and a neighbourhood park.
The regulations in the tables in this Section apply to land in the CD 18 Zone, as indicated by the column headings. For the purposes of this zone, different regulations apply in Area 1, 2, and 3. The Area boundaries are identified on the map attached as Schedule A to this Bylaw. Minor adjustments to the establishment of the area boundaries will be permitted based upon more detailed site investigations that will be undertaken at the subdivision approval stage.
4.30.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 18 Zone:
Principal Uses of Land, Buildings and Structures Sub Area 1 Sub Area 2 Sub Area 3 Dwelling, Detached Cottage Residential Development Open Space Neighbourhood Park Public Trails Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Domestic Agriculture Horticulture Home Occupation use subject to Part 3 Retail sale of goods and items produced on site and day to day convenience goodsArtisan Industry Restaurant Permitted Buildings and Structures Dwelling, Detached Common Amenity Building Buildings and Structures accessory to Cottage Residential Development
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Page 211 of 386 4.30.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 18 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage and Maximum Floor Area Sub Area 1 Sub Area 2 Sub Area 3 Maximum lot coverage 25% 15% 1% Maximum total floor area of common amenity building 200 (m2) Maximum total floor area of accessory buildings used for 350 Domestic Agriculture and Horticulture Agriculture (m2) Maximum total floor area of accessory buildings, other 360 than the community amenity building, used for workshops, studios and meeting rooms (m2) Maximum total floor area of accessory retail uses (m2) 50 Maximum total floor area of accessory restaurant use (m2) 70 Maximum floor area of all buildings on a lot excluding garages and accessory buildings Maximum floor area of all buildings on a lot excluding 260 2130 garages and accessory buildings Maximum floor area of caretaker’s residents in cottage 300 residential development (m2) Maximum size of floor area of detached dwellings in 250 cottage residential development (m2) Number of Units and Site Areas Maximum number of dwellings 38 14 Maximum number of detached dwellings on any lot 1 14 Maximum number of accessory buildings on any lot 2 6 Height Maximum height of a principal building or structure 9 9 (metres) Maximum height of an accessory building or structure 9 9 (metres) Setbacks Minimum setback from side lot lines (metres) 3 3 Minimum setback from front lot lines (metres) 3 7.5 Minimum setback from rear lot lines (metres) 3 3 Minimum setback for a building from any lot line that 4.6 abuts a highway (metres)
4.30.3 Subdivision and Servicing Requirements
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Page 212 of 386 (1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or Strata Property Act for the CD 18 Zone:
Lot Areas for the Creation of New Lots through Subdivision Sub Area 1 Sub Area 2 Maximum number of lots to be created by subdivision 38 1 Minimum lot area (hectares) 3 Minimum lot area (m2) 1500
4.30.4 Off‐Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements.
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Page 213 of 386 4.30 COMPREHENSIVE DEVELOPMENT 19 (CD 19) ZONE (COMMUNITY LANDS LOT 2)
Information Note: The purpose of the CD 19 Zone is to accommodate the development of civic facilities and amenities for Bowen Island residents, and to provide for a range of residential dwelling types as well as accessory retail, office general services and personal service uses in Snug Cove.
The regulations in the tables in this Section apply to land in the Comprehensive Development 19 Zone (CD 19), as indicated by the column headings.
4.31.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 19 Zone:
Principal Uses of Land, Buildings and Structures Area 1 Area 2 Area 3 Community Campus Apartment Dwelling Townhouse Dwelling, Attached Supportive Housing Daycare Accessory Uses of Land, Buildings and Structures Retail Use Restaurant General Services Office Medical Clinic Apartment Dwelling, Attached Uses Accessory to principal uses Home Occupation Use (excluding bed and breakfast use), Subject to Part 3 Permitted Buildings and Structures Buildings and structures accessory or secondary to permitted uses Apartment Dwelling Townhouse Dwelling Dwelling, Attached
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4.31.2 Size Siting and Density of Permitted Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 19 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage Area 1 Area 2 Area 3 Maximum combined lot coverage of all buildings and 50% 50% 50% structures Floor Space Ratio Maximum Floor Space Ratio (FSR) 1.0 0.5 1.0 Maximum Floor Area Maximum floor area of apartment attached dwellings 1,000 plus 4 m2 3,000 1,000 (square metres) for every 1 m2 floor area of Office, General Service, Medical Clinic, Retail or Restaurant Uses, to a maximum of 2,200 m2 Maximum floor area of townhouse and attached dwelling 3,000 units (square metres) Maximum floor area of all Community Campus Uses use 2,100 (square metres) Maximum total floor area of Daycare Use (square metres) 500 Maximum floor area of Office, General Service, Medical 1,000 500 Clinic, Retail and Restaurant Uses (square metres) Maximum floor area of all buildings and structures (square 2,500 metres) Height Maximum height of townhouse attached dwellings 14 m 9.0 m or 14 m or 3 (metres or storeys, whichever is less) 2.5 storeys storeys Maximum height of apartment dwellings (metres or 14 m 14 m or 3 storeys, whichever is less) storeys Setbacks Minimum setback from front lot lines (metres) 3.0 3.0 3.0 Minimum setback from exterior side lot lines (metres) 0.0 3.0 3.0 Minimum setback from interior site lot lines (metres) 1.5 1.5 1.5 Minimum setback from all interior lot lines for walkways 0.0 0.0 0.0 and bridges connecting buildings (metres) Minimum setback from rear lot line (metres) 3.0 3.0 3.0
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Page 215 of 386 Conditions of Use Retail, Restaurant, General Service, Office Uses and Medical Clinic uses shall be permitted only as secondary uses on the ground floor or second floor of Apartment attached Dwelling and Community Campus Use buildings. Despite the definition of Floor Area, in this CD 19 Zone only, the calculation shall exclude a storey that consists of a parking garage, including a portion of such storey used for Parking, Short‐Term and Secure Bicycle Parking, or providing vehicular, bicycle, or common pedestrian access to Parking areas.
4.31.3 Off‐Street Parking Requirements
(1) Off street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements.
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Page 216 of 386 4.31 COMPREHENSIVE DEVELOPMENT 20 (CD 20) ZONE (BOWEN INVESTMENTS LTD.)
Information Note: The purpose of the CD‐20 Zone is to provide regulations based on the Village Commercial 1 and the Village Commercial 1 (a) zones, which permit a mix of commercial uses including a pub, as well as residential uses at the intersection of Bowen Island Trunk Road and Dorman Road within the Snug Cove Village.
The regulations in the tables in this Section apply to land in the Comprehensive Development 20 (CD 20), as indicated by the column heading.
4.32.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 20 Zone:
Principal Uses of Land, Buildings and Structures CD 20 Retail General services Office Restaurant Dwelling Assembly Indoor Entertainment Facility Indoor Recreation Facility Cottage Artisan Industry Pub Accessory Uses of Land, Buildings and Structures
Uses130B accessory to principal uses Commercial Guest Accommodation Home Occupation use, subject to Part 3 Parking for another commercial useArea, subject to Subsection 5.10 Maximum height of 4m for an accessory building Permitted Buildings and Structures
Dwelling,13B Attached Buildings and structures accessory to permitted uses
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Page 217 of 386 4.32.2 Size, Siting and Density of Permitted Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 20 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage CD 20 Maximum lot coverage of all buildings and structures 75% Floor Space Ratio
Maximum132B floor space ratio (FSR) 1.6 Number of Dwelling Units
Maximum13B number of dwelling units 12 Height Within 20 metres of Bowen Island Trunk Road the maximum height of a principal 11 building or structure (m) from the lower of average natural or finished grade. Greater than 20 metres from Bowen Island Trunk Road the maximum height of a 13 principal building or structure (m) from the lower of average natural or finished grade. Maximum height of an accessory building or structure (metres) 4 Setbacks Minimum setback from the interior side lot lines (metres) 0 Minimum setback from all exterior lot lines (metres), including front and back 2 Conditions of Use No dwelling unit or building shall be occupied unless it is connected to a community water system and a community sewer system Maximum number of pub establishments 1 One free‐standing sign with a total area not exceeding 2m² which may include community notices is permitted, in addition to signs permitted in section 3.42. Garbage and recycling areas shall be enclosed or screened from view of adjacent uses using a landscape screen Retail, general services, office, restaurant, pub, cottage artisan industry, or indoor entertainment facility, or indoor recreation facility are the only uses permitted on ground floors accessible off of Bowen Island Trunk Road and Dorman Road
4.32.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the CD 20 Zone:
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Page 218 of 386 Lot Areas for the Creation of New Lots through Subdivision CD 20 Minimum lot area (m²) for individual lots served by community water system and a 370 community sewage system
4.32.4 Off‐Street Parking Requirements
(1) Off‐street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements.
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Page 219 of 386 4.33 COMPREHENSIVE DEVELOPMENT 21 (CD 21) ZONE – GRAFTON LAKE
Information Note: The purpose of the CD 21 Zone is to accommodate the comprehensively planned area around Grafton Lake, which includes residential areas, a nature preserve, parks and trails, officesgeneral services, daycares, a guest house, and retreat centres.
The regulations in the tables in this Section apply to land in the Comprehensive Development 21 (Grafton Lake) Zone, as indicated by the column headings. For purposes of regulation the area within the boundary of the CD 21 Zone is divided into ten (10) separate areas labelled as Area 1 through Area 10 inclusive.
4.33.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the Grafton Lake Zone:
Area 1 Area 2 Area 3 Area 4 Area 5 Principal Uses of Lands, Buildings and Structures Dwelling Playgrounds Water Treatment PlantWorks System Agriculture Horticulture Domestic Agriculture
Accessory Uses of Lands, Buildings and Structures Uses accessory to the principal uses Home Occupation use, Subject to Part 3 Accessory Residential Use Dwelling Domestic Agriculture
Permitted Buildings and Structures Dwelling, detached Dwelling, attached Buildings and Structures accessory to permitted uses
Area 6 Area 7 Area 8 Area 9 Area 10 Principal Uses of Lands, Buildings and Structures Dwelling OfficeGeneral Services
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Page 220 of 386 Daycare Playgrounds Play Fields Agriculture Horticulture Domestic Agriculture Retreat Centre Guest House
Accessory Uses of Lands, Buildings and Structures Uses accessory to the principal uses Home Occupation use, Subject to Part 3 Accessory Residential Use Dwelling Retail Domestic Agriculture Permitted Buildings and Structures Dwelling, detached Dwelling, attached Buildings and Structures accessory to permitted uses
4.33.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the Comprehensive Development 21 Zone must comply with the following regulations regarding size, siting and density:
Area 1 Area 2 Area 3 Area 4 Area 5 Lot Coverage Maximum combined lot coverage of 5% of lot 5% of lot 5% of lot 30% of 100 sq. all buildings and structures (sq. m.) area area to a area to a lot area m. plus calculated as follows: maximum maximum 30% of of 300 sq. of 300 sq. lot area m. m. to a maximum of 500 sq. m. Maximum number of dwelling units 1 22 Maximum number of dwellings per 1 6 lot Maximum number of Dwelling units 10 with maximum Floor Area, excluding garage, of 105 sq. m.
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Page 221 of 386 Maximum number of Dwelling units 11 with maximum Floor Area, excluding garage, of 171 sq. m. Maximum number of Dwelling units 1 with maximum Floor Area of 465 sq. m. Height Maximum height of a building or 9 9 9 9 11 structure (metres) Setbacks Despite Section 3.30, Minimum 7.5 7.5 7.5 7.5 3 setback from front or rear lot line (metres) Minimum setback from the surveyed 4.6 4.6 4.6 4.6 4.6 right of way for a road Minimum setback from side lot line 7.5 7.5 7.5 7.5 3 (metres)
Conditions of Use Despite Section 3.54, maximum 2 number of detached secondary suites permitted on lots smaller than 0.36 hectares
Area 6 Area 7 Area 8 Area 9 Area 10 Lot Coverage Maximum combined lot coverage of 100 sq. 100 sq. 100 sq. 100 sq. 100 sq. all buildings and structures (sq. m.) m. plus m. plus m. plus m. plus m. plus calculated as follows: 30% of 30% of 30% of 10% of 15% of lot area lot area lot area lot area lot to a to a to a to a coverage maximu maximu maximu maximu to a m of m of 500 m of 500 m of maximu 500 sq. sq. m. sq. m. 1500 sq. m of m. m. 1500 sq. m. Maximum number of dwelling units 70 80 12 Maximum number of Dwelling units 3 15 12 with maximum Floor Area, excluding garage, of 115 sq. m. Maximum number of Dwelling units 65 61 0 with maximum Floor Area, excluding garage, of 171 sq. m.
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Page 222 of 386 Maximum number of Dwelling units 2 4 0 with maximum Floor Area of 465 sq. m. Maximum Floor Area for Office 300 600 General Services (square metres) The maximum number of total units in Area 6 & 7 shall not exceed 131 Number of Units and Site Areas Maximum number of dwellings per 6 6 12 1 1 lot Maximum number of guest 12 12 bedrooms per 0.4 ha lot area Maximum number of guest 12 12 bedrooms per lot Maximum number of in-residence 24 24 guests per lot Maximum floor area for accessory 20 20 retail sales (m2) Maximum number of 36 meeting/course/workshop participants calculated as follows: 3 participants per each permitted guest bedroom Maximum number of accessory 1 1 buildings for each 0.2 ha of lot area or portion thereof, plus one, subject to Part 3. Maximum number of accessory 1 1 buildings on any lot that may be used for home occupation for each 0.2 ha of lot area or portion thereof. Maximum height of a building or 11 11 9 11 11 structure (metres) Setbacks Despite Section 3.30, minimum 3 3 3 3 3 setback from front or rear lot line (metres) Minimum setback from surveyed 4.6 4.6 4.6 4.6 4.6 right of way for a road Minimum setback from side lot line 2 2 2 3 3 (metres) Conditions of Use Despite Section 3.54, maximum total 5 5 number of detached secondary suites permitted on lots smaller than 0.36 hectares
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Page 223 of 386 4.33.3 Subdivision and Servicing Requirements
(1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act and the Strata Property Act
Area 1 Area 2 Area 3 Area 4 Area 5 Lot Areas for the Creation of New Lots Through Subdivision Minimum lot area for individual lots 4,000 4,000 4,000 1,100 367 (sq. m.) served by community water system Minimum lot area for individual lots 1 1 1 1 1 (ha) not served by community water system Area 6 Area 7 Area 8 Area 9 Area 10 Lot Areas for the Creation of New Lots Through Subdivision Maximum number of lots that may be 12 created through subdivision Minimum lot area for individual lots 367 367 275 1,100 367 (sq. m.) served by community water system Minimum lot area for individual lots 1 1 1 1 0.4 (ha) without community water
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Page 224 of 386 4.34 COMPREHENSIVE DEVELOPMENT 22 (CD 22) ZONE (COMMUNITY LANDS LOT 1)
Information Note: The purpose of the CD 22 Zone is to accommodate the land use designations for Lot 1 of the Community Plans, and which includes residential areas, tourist commercial uses, and a light industrial site.
The regulations in the tables in this Section apply to land in the Comprehensive Development 22 (Community Lands Lot 1) Zone, as indicated by the column headings.
For purposes of regulation the area within the boundary of the CD 21 Zone is divided into four (4) separate areas labelled as Area 1 through Area 4 inclusive.
4.34.1 Permitted Uses of Land, Buildings and Structures
(1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following uses, buildings and structures and no others are permitted in the CD 22 Zone:
Principal Uses of Land, Buildings and Structures Area 1 Area 2 Area 3 Area 4 Agriculture Artisan Industry Cottage Industry Dwelling General Services Horticulture Indoor Entertainment Facility Indoor Recreational Facility Live/Work Unit Manufacturing, assembling, processing and repair, including food and beverage productsLight Manufacturing Machinery and tool repair and rental, excluding motor vehicle repair Office Restaurant Retail Use Storage and warehousing Supportive Housing Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Home Occupation use, subject to Part 3 except that bed and breakfast use is not permitted
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Page 225 of 386 Home Occupation use, subject to Part 3 Permitted Buildings and Structures Dwelling, detached Dwelling, attached Buildings and structures accessory or secondary to permitted uses
4.34.2 Size, Siting and Density of Permitted Uses, Buildings and Structures
(1) Subject to Part 3, uses, buildings and structures in the CD 22 Zone must comply with the following regulations regarding size, siting and density:
Lot Coverage Area 1 Area 2 Area 3 Area 4 Maximum combined lot coverage of all buildings and 35% 30% 5% 100 sq. m structures plus 10% of the lot area Floor Space Ratio Maximum Floor Space Ratio (FSR) 0.7 0.7 Maximum Floor Area Maximum floor area of a residential component of a 90 live/work unit (square metres) Maximum floor area per artisan industry, cottage 400 industry, manufacturing, assembly, processing or repair use (square metres) Maximum floor area of any primary building (square 1000 metres) Maximum average floor area for a dwelling unit 115 (square metres) Maximum floor area for a dwelling unit (square 140 metres) Number of Units Maximum number of dwelling units 20 1 1 Maximum number of accessory buildings, subject to 3 Part 3 Height Maximum building height (metres) 12 9 9 9 Setbacks Minimum setback from front lot lines (metres) 7.5 4.0 7.5 7.5 Minimum setback from exterior side lot lines (metres) 3.0 7.5 7.5 3.0
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Page 226 of 386 Minimum setback from interior side lot lines (metres) 1.5 3.0 7.5 3.0 Minimum setback from all interior lot lines for 0 walkways and bridges connecting buildings (metres) Minimum setback from rear lot line (metres) 7.5 7.5 7.5 7.5 Minimum setback from land in the Agricultural Land 30.0 30.0 30.0 Reserve (metres) Conditions of Use Area 1 Area 2 Area 3 Area 4 All uses must not be noxious or offensive to any adjacent property or the general public by reason of emitting odours, dust, smoke, gas, effluent, radiation, broadcast interference, glare, humidity, heat, vibration, or hazard All manufacturing, processing, assembly, repair and storage shall take place within an enclosed building No outside storage of material or equipment or both shall be permitted unless screened from view by a fence or landscape screen from adjacent lots or streets
4.34.3 Off‐Street Parking Requirements
(1) Off‐street parking shall be provided in accordance with the part of this Bylaw that pertains to off street parking requirements.
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Page 227 of 386
PART4B 5 – PARKING REGULATIONS
REQUIREMENTS FOR OFF‐STREET PARKING
5.1 The owner or occupier of land must provide and maintain off‐street parking spaces for automobiles as determined by the use or occupancy of a lot or building according to Table 5‐1.
5.2 The floor area of unenclosed outside patios shall not be included in total floor area for the purpose of calculating parking spaces required according to Table 5‐1.
5.3 If a use is not listed in Table 5‐1, the number of parking spaces is to be calculated on the basis of the most similar use that is listed.
5.4 Where more than one standard may apply to a use, the standards requiring the greatest number of parking spaces shall be used.
5.5 If more than one use is located on a lot or if a parking area collectively serves more than one use, the total number of parking spaces is to be the sum of the spaces required for each use, calculated separately. The parking spaces required for one use are not to be included in calculations for any other use.
Information Note: Variances to this Section can be considered by Municipal Council and given through Development Variance Permit. For example, uses that require parking at mutually exclusive times (day vs. evening; weekday vs. weekend) could apply to share some or all of their parking spaces.
5.6 Any use that was legally in existence at the time of passing of this Bylaw and which did not have the required parking under Zoning Bylaw No. 36, 1984, may continue to operate without the provision of such parking without being non‐conforming, however, if said use expands, the expansion must conform to the parking requirements of this Bylaw. Any change in use must meet the standards of this Bylaw.
LOCATION
5.7 Parking spaces shall be located on the same parcel lot as the use they serve.
5.8 All off‐street parking for a commercial, industrial, institutional or parking use shall be provided on land zoned for commercial, industrial, institutional or parking uses.
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Page 228 of 386 5.9 If a fraction of a parking space less than 0.5 results when calculating parking requirements, the fraction less than 0.5 shall be dropped, except that no use shall provide less than one off‐street parking space.
5.10 Despite Sections 5.7 and 5.8, for retail, general services, office, medical clinic, restaurant and pub uses within the Village Commercial (VC) Zones located within the inset portion of Schedule ‘B’ of this Bylaw, off‐street parking spaces may be provided on another parcel lot zoned VC located within the inset portion of Schedule ‘B’ or on the area shown in grey tone within Area 3 of CD 2 Zone, provided that the owner of the parcel lot on which the parking spaces are provided grants to the owner of the lot in respect of which the spaces are required a licence on terms satisfactory to the Bowen Island Municipality ensuring: i) A parking space deficit is not created; ii) That the licence shall not be cancelled without parking requirements for the use being met elsewhere; and iii) On‐going public access to the parking space while it is under a licence for parking use. 5.11 Despite Sections 5.7 and 5.8 cash in‐lieu parking spaces will be accepted for commercial and mixed‐use developments in the Village Commercial 1 Zone and in Area 3 of Comprehensive Development 2 (Cates Hill) subject to the following provisions: i) The amount to be paid in respect of each required parking space not provided is $20,000. ii) Payment in Lieu of parking is payable when the Building Permit is issued for the building or structure that is being put to the use that requires the parking space specified in this Bylaw, or where no Building Permit is required, the use that requires the parking space specified in this Bylaw is granted a Development Permit.
STANDARD DIMENSIONS
5.12 Each parking space shall be not less than 5.5 metres (18 feet) in length and not less than 2.5 metres (8.2 feet) in width, except that parallel parking spaces shall be not less than 6.1 metres (20 feet) in length. Each parking space required to be marked for use by persons with disabilities shall be not less than 3.7 metres (12.14 feet) in width and 6 metres (19.7 feet) in length and shall be located close to an accessible building entrance.
5.13 Despite Section 5.11, up to 35% of the total required off‐street parking spaces may be reduced in size to 5 metres (16.4 feet) in length and not less than 2.4 metres (7.9 feet) in width and signed “compact car only”.
5.14 Where floor area is used as a unit of measurement for the calculation of parking spaces, it shall include the floor area of accessory buildings and basements, except where they are used for parking, heating or storage.
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Page 229 of 386 5.15 Where seating accommodation is used as a unit of measurement, and such accommodation consists of benches, booths, and the like, each 0.6 metres (2 feet) of width of such seating accommodation shall be counted as one seat.
5.165 Where a parking area is paved, the width of the line marking parking spaces shall be 10 centimetres (4 inches) in width.
5.16 Access aisles to all off‐street parking spaces from a street shall be designed as follows:
One138B ‐way aisle Not less than 4.0 metres (13.1 feet) wide. Two‐way aisle Not less than 6.0 metres (19.7 feet) wide.
5.17 Manoeuvring aisles within an off‐street parking area shall be designed as follows:
Parking134B Space Angle to the Minimum135B Width of Manoeuvring Aisle Manoeuvring Aisle 90 degrees 6.7 metres (22 feet) (2‐way) 90 degrees 6.4 metres (21 feet)(1‐way) 60 degrees 5.5 metres (18 feet) (1‐way) 45 degrees or less 3.9 metres (12.8 feet) (1‐way)
5.18 Despite the Standard Dimensions in Sections 5.11 to 5.17, for uses located in Rural Zones the minimum requirement for the design of parking spaces and parking areas is that the required number of parking spaces be accommodated on the property where the use is located.
PARKING FOR PERSONS WITH DISABILITIES
5.19 Commercial uses shall provide parking for persons with disabilities as follows:
Number of required Number of spaces to be designed and parking spaces marked for Use by Persons with Disabilities 0‐20 0 21 ‐ 39 1 40 + 2
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Page 230 of 386 Where more than 1 off‐street parking space is required to be provided for parking for persons with disabilities, the second space may be a loading space designed for use by persons with disabilities but not limited to that use.
BICYCLE PARKING FOR COMMERCIAL OR COMMUNITY USES
5.20 For each bicycle rack to which five or more bicycles may be securely attached, the number of parking spaces for community use or commercial use that may be replaced with bicycle parking is based on the following formula. However, in no case shall the number of off‐street parking spaces required be less than one for each use per lot, nor shall parking spaces for persons with disabilities be replaced with bicycle racks, nor shall the bicycle rack be located within a required parking space.
Up to 20 required parking spaces 1 bicycle rack may replace 1 required off‐ street parking space. 21 + required parking spaces 1 bicycle rack may replace 1 required off‐ street parking space for each 20 required parking spaces or portion thereof
TANDEM PARKING
5.21 Tandem parking spaces shall be no less than the width and two times the length of the applicable parking space dimension.
5.22 Where Table 5‐1 requires parking for employees such spaces may be provided as tandem spaces.
5.23 Up to two parking spaces required for permitted uses on lots within the VC Zones that are less than 375 m2 in lot area may provided as tandem parking spaces.
DEVELOPMENT AND MAINTENANCE REQUIREMENTS
5.24 If a parking area is provided in respect of a home occupation and the parking area abuts a lot on which a residential use is permitted, the parking area must be screened by a landscape screen that is not less than two (2) metres in height. 5.25 Every off‐street parking area provided or required on any lot on which a commercial or institutional use is permitted must have a hard surface, if access is from a street, which is hard surfaced. 5.26 Any lighting provided for a parking area must be so arranged as to direct or reflect the light exclusively on the parking area. 5.27 The lighting in all parking areas for uses other than residential must be controlled so as to provide continuous lighting only during those times when the use being served is in
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Page 231 of 386 actual operation. For this purpose, lighting controlled by a motion‐detecting device does not meet the requirements of this section.
TABLE136B 5‐1 MINIMUM NUMBER OF OFF‐STREET PARKING SPACES
LAND137B USE / ZONE Number of Off‐Street Parking spaces Required AGRICULTURE AND HORTICULTURE
All Zones 1 per 2 non‐resident employees BED AND BREAKFAST and Residential Guest Accommodation All Zones 1 per guest room COMPREHENSIVE DEVELOPMENT 19 ZONE Community Campus 1 per 40 m2 of floor area Apartment dwelling 0.5 space per unit Townhouse dwelling 1 per dwelling unit, plus 0.25 spaces per unit for visitor parking Dwelling, Attached 1 per dwelling unit, plus 0.25 spaces per unit for visitor parking Retail, Restaurant, General 1 per 40 m2 of floor area Service, Office Uses and Medical Clinic uses Supportive Housing 1 per 2 bedrooms Daycare 1 per 50 m2 of floor area CHURCH, COMMUNITY HALL, ASSEMBLY Rural Zones 1 per 15 m2 floor area Settlement Zones 1 per 15 m2 floor area Village Zones 1 per 40 m2 floor area CD Zones 1 per 15 m2 floor area CD 20 Zone 1 per 60 m2 floor area COMMUNITY DOCK, WHARF, BOAT LAUNCH All Zones 4 per boat launch COTTAGE INDUSTRY, ARTISAN INDUSTRY Rural Zones 1 per 30m2 floor area Settlement Zones 1 per 30m2 floor area Village Zones 1 per 40m2 floor area
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Page 232 of 386 CD 1 Zone 1 per 30m2 floor area CD 20 Zone 1 per 60m2 floor area DAYCARE Rural Zones 1 per 2 employees, plus 2 spaces Settlement Zones 1 per 2 employees, plus 2 spaces Village Zones 1 space CD 1 Zone 1 space CD 19 Zone 1 per 50 m2 of floor area DWELLING
Rural Zones 2 per dwelling unit Settlement Zones 1 per dwelling unit Village Zones I 1 per dwelling unit CD 10 Zone 2 per dwelling Area 1 CD 19 Zone 0.5 per dwelling unit Area 2 & 3 CD 19 Zone 1 per dwelling, plus 0.25 spaces per unit for visitor parking All other CD Zones 1 per dwelling unit GARDEN CENTRE
Rural Zones 1 per 20 m2 of indoor floor area, plus 1 per 200 m2 of outdoor area GENERAL SERVICE, RETAIL, OFFICE, RESTAURANT, PUB Village Zones 1 per 40 m2 floor area CD 1 Zone 1 per 40 m2 floor area CD 2 Zone 1 per 40 m2 floor area CD 20 Zone 1 per 60 m2 floor area GUEST HOUSE Rural Zones 1 per guest room, plus 1 per 2 non‐resident employees, plus 1 per 6 dining room seats All Zones 1 per dwelling and guest unit HOME OCCUPATION Rural Zones 1 per non‐resident employee Settlement Zones 1 per non‐resident employee Village Zones 0
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Page 233 of 386 CD 1 Zone 0 CD 20 0 INDOOR ENTERTAINMENT / RECREATION FACILITY Rural Zones 1 per 15 m2 floor area Settlement Zones 1 for 10 m2 floor area Village Zones 1 per 40 m2 floor area CD 5 Zone 1 per 15 m2 floor area CD 20 1 per 60 m2 floor area INDUSTRIAL Industrial Medium Zone 1 per employee plus 1 truck space Industrial Commercial Zone 1 per employee plus one truck space LIBRARYPUBLIC COMMUNITY FACILITY AND COMMUNITY CAMPUS Village Zones 1 per 40 m2 floor area CD 2 Zone 1 per 20 m2 floor area CD 19 Zone 1 per 40 m2 of floor area LIGHT INDUSTRIAL All non‐residential uses 1 per 40 m2 of floor area 1 loading bay per building Residential dwelling 0.5 space per unit MARINA All Zones 1 per 3 berths MEDICAL CLINIC Village Zones 1 per 40 m2 floor area CD 19 Zone 1 per 40 m2 floor area MUNICIPAL HALLGOVERNMENT OFFICE CD 2 Zone 2 per 35 m2 net floor area, plus 15 stalls of which at least one stall or 5% of the total number of spaces, whichever is greater, shall be designed and marked for use by persons with disabilities NEIGHBOURHOOD PARK / PLAY FIELDS All Zones 5 POLICE DEPARTMENT, FIRE HALLEMERGENCY SERVICES
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Page 234 of 386 All Zones 1 per employee, plus 2 spaces RECREATION, TRAINING AND MEETING CENTRE Village Zones 1 per 2 guest rooms, plus 1 per 2 non‐resident employees
RETREAT CENTRE Rural Zones 1 per guest room, plus 1 per 2 non‐resident employees Village Zones 1 per guest room, plus 1 per 2 non‐resident employees CD 2 Zone 1 per guest room, plus 1 per 2 non‐resident employees SCHOOL All Zones 1 per employee plus 1 per 15 m2 of assembly space SERVICE STATION, GAS STATION Village Zones 4, plus 2 per service bay STABLES AND KENNELS
Rural Zones 1 per 2 non‐resident employees plus 1 per 3 customers Settlement Zones 1 per 2 non‐resident employees plus 1 per 3 customers SUPPORTIVE HOUSING Village Zones 1 per 2 bedrooms, plus 1 per employee VEHICLE REPAIR GARAGE CD 2 Zone 6
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Page 235 of 386
PART5B 6 – SUBDIVISION REGULATIONS
LOT AREA, SHAPE, AND DIMENSIONS
6.1 The lot size regulations of this Bylaw shall not apply to:
.1 a lot described in Section 11(1)(b) of B.C. Reg. 334/79, being an access lot for a subdivision containing lots not fronting on a highway;
.2 a lot being created for natural open space, highway, park, public square, public utility, fire hall, ambulance station or police stationor emergency services, provided a covenant complying with Sections 2.6 and 2.7 of this Bylaw is registered on title that restricts the use of that lot to the purpose for which it is being created or the property is designated as highway, park or public square on a plan of subdivision registered in the Land Title Office;
.3 the consolidation of two (2) or more lots into one (1) lot;
.4 subdivision solely for the purpose of adding natural accretion to a lot or subdivision solely to remove areas of natural erosion from a lot; or
.5 subdivision solely for the purpose of dedicating land to the Crown.
6.2 Lot boundary adjustments shall be permitted subject to the following regulations:
.1 no additional lots are created or could be created as a result of the boundary adjustment,
.2 the area of the new lots is no less than the minimum lot area for that zone,
.3 if the lot area of any of the existing lots subject to the boundary adjustment is less than the minimum lot area for that zone that no further deficiency is created.
6.3 For the purposes of this Bylaw, the total number of lots that can be created by subdivision is determined by dividing the total area of the parent parcel lot less any area for highways required by this Bylaw or Provincial Statute, by the minimum average lot area or if there is no average by the minimum lot area.
6.4 The minimum lot frontage on a highway shall be 10% of the perimeter of the lot.
Information Note: An exemption to this regulation from Council may be sought.
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Page 236 of 386 6.5 The creation of lots double fronting on a highway is prohibited, except in cases where such lots would be created as a result of topographic conditions.
6.6 If a lot lies within two or more zones, the minimum and average lot area requirements specified in this Bylaw apply to the portions of the lot lying within each zone as if the portions were separate lots.
6.7 No new lots lying within two or more zones may be created, except where a subdivision consolidates lots or readjusts property lines.
6.8 If a lot is divided into two or more portions by other land or a highway, the minimum and average lot area requirements specified in this Bylaw apply to the portions as if they were separate lots.
6.9 No new lots divided into two or more portions, i.e. hooked lots, may be created, except when there is no other practical means to subdivide a lot.
6.10 No lot having an area less than twice the area specified by the average lot size for the zone that the lot lies within, or twice the size of the minimum lot size if no average lot size applies, may be subdivided under Section 946 of the Local Government Act, unless the lot is entirely within the Agricultural Land Reserve.
6.11 When a subdivision is proposed that yields the maximum number of lots permitted by the applicable average lot area specified by this Bylaw, and one or more of the lots being created has an area equal to or greater than twice the applicable average lot area; the applicant must grant a covenant complying with Sections 2.6 and 2.7 of this Bylaw in respect of every such lot prohibiting further subdivision of the lot.
6.12 Where a subdivision is proposed that yields fewer than the maximum number of lots permitted by the applicable average lot areas specified by this Bylaw, and one or more of the lots being created has an area equal to or greater than twice the applicable average lot area; the applicant must grant a covenant complying with Sections 2.6 and 2.7 of this Bylaw in respect of every such lot prohibiting the further subdivision of the lot beyond the maximum number of lots that could have been created under the first subdivision, so that a greater total number of lots is not created than would have been created had the first subdivision created the maximum number of lots permitted by the applicable minimum and average lot areas specified by this Bylaw.
6.13 If the approval of a bare land strata plan would create common property on which this Bylaw would permit the construction of a residential dwelling unit, the applicant must grant a covenant complying with Sections 2.6 and 2.7 of this Bylaw in respect of the common property prohibiting the further subdivision of the common property, the
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Page 237 of 386 construction of any dwelling unit on the common property, and the disposition of the common property separately from the strata lots.
6.14 If a panhandle lot is not capable of being further subdivided under the provisions of this Bylaw, the minimum width of the access strip at any point must be 6 metres.
6.15 If a panhandle lot is capable of being further subdivided under the provisions of this Bylaw, the minimum width of the access strip at any point must be at least 10 metres, and may need to be increased to no more than 20 metres depending on the subdivision potential of adjacent parcelslots.
WATER SUPPLY
6.16 No new community water system may be established or existing community water system expanded to serve more than 1 lot without completion of a water management review undertaken by an Engineer with experience in the field of water management which examines the following:
‐ the options available for water supply given the development density; ‐ the potential impacts of each water system option on existing potable water sources, ground‐water supplies and watersheds, both in the short and long term; ‐ the operational characteristics of the system; ‐ the costs of installing, maintaining and operating such systems; ‐ the management requirements to maintain such a system; ‐ the feasibility, consequences and remedies available in the event of a failure of the water supply; and - the recharge capability of the water source relative to anticipated maximum water demand of the proposed system;
and which concludes that given these factors that the best means for delivery of potable water is through a community water system.
6.17 All proposed lots not required to be served by a community water system must have proof of a potable water supply.
6.18 Where a community water system is proposed, the water system must be metred and comply in all respects with applicable Provincial Regulations and Bowen Island Municipality bylaws, and the applicant must provide the written certification and seal of an Engineer with experience in groundwater hydrology that there is in respect of each building, structure, or use of land permitted by this Bylaw on each proposed lot an available supply of potable water in the amounts set out in Table 6‐1, and that the proposed community water system will not adversely affect the quantity or quality of water obtainable from any existing well or surface water supply when used as a source of potable water or water supply for fire protection, or lead to salt water intrusion into the groundwater table.
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Page 238 of 386 6.19 Where a water source other than a community water system is proposed as a source of potable water for a proposed subdivision, the applicant must provide to the Municipality the written certification under seal of an Engineer with experience in groundwater hydrology that there is in respect of each building, structure, or use of land permitted by this Bylaw on each proposed lot an available supply of potable water in the amounts set out in Table 6‐1, and that the extraction from the groundwater table or diversion from a spring of that amount of water in respect of each permitted building, structure or use will not adversely affect the quantity or quality of potable water or water supply for fire protection obtainable from any existing well, spring or surface water, or lead to salt water intrusion into the groundwater table.
TABLE139B 6‐1 POTABLE WATER SUPPLY STANDARDS
USE VOLUME (litres per day) Dwelling excluding Bed and Breakfast. 1100 Commercial excluding Guest House, 1670 Retreat Centre, Restaurants or Pubs.
Industrial, Restaurant, Pub. 2670 Guest House, Bed and Breakfast, Retreat 1100 plus an additional 440 litres per day for Centre each guest bedroom All other uses 1670
6.20 The Approving Officer may deny the approval of subdivision if the water supply certification is deemed insufficient on the grounds of the duration or location of testing or is otherwise unacceptable.
6.21 The certification referred to in Section 6.19 shall be provided to the building inspector if an application for a building permit is made, or to the Municipality if there is a change of use where no building permit is required, and the certification has not previously been provided in respect of the subdivision of the lot on which the building is proposed to be constructed, and the provisions of Sections 6.22 and 6.23 apply, except that the certification need only be provided in respect of the building that is the subject of the permit application or to the use if no building permit is required in accordance with the standards of Table 6‐1.
6.22 If the certification referred to in Section 6.19 cannot be made, the approving officer may nonetheless approve the subdivision in the following circumstances:
.1 if the applicant provides a community water system complying with the requirements of this Bylaw; or
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Page 239 of 386 .2 if the applicant grants a covenant to the Municipality restricting the development of the subdivision to the buildings, structures and uses in respect of which a certification has been made under Section 6.21.
6.23 For the purposes of the certification referred to in Section 6.19, the Engineer must supply supporting documentation and if a pump test has been conducted the Engineer must indicate that the test was of sufficient duration to establish in accordance with generally accepted hydrological engineering practice the long term reliability of the water supply.
6.24 If an Engineer provides a certification under Section 6.19 as to the quality of a proposed source of potable water, the certificate must include a plan of the proposed subdivision indicating the location where each water sample was taken, and a statement that the water samples upon which the water quality analysis was performed were unadulterated samples taken from the locations indicated on the plan.
SEWAGE DISPOSAL STANDARDS
6.25 Each lot proposed shall contain an area or areas of sufficient size and appropriate characteristics to satisfy the requirements of the Sewage Disposal Regulation under the Health Act for conventional septic tank or package treatment plant sewage disposal systems in respect of the buildings, structures and uses that are permitted on the lot by this Bylaw.
6.27 Where a community sewer system is proposed for a subdivision, Section 6.25 shall not apply, and the sewer system must comply in all respects with applicable Provincial Regulations and Bowen Island Municipality Bylaws.
6.28 Information regarding the location and size of the area referred to in Section 6.25 must be provided to the building inspector where an application for a building permit is made and has not previously been provided in respect of the subdivision of the lot on which the building is proposed to be constructed, except that it need only be provided in respect of the building or structure that is the subject of the permit application.
6.29 No new ocean out‐fall may be established without completion of a liquid waste management review as outlined below. Discharge from an ocean out‐fall shall only be permitted from community sewage disposal systems provided the system includes advanced secondary and tertiary treatment, or equivalent levels of treatment through innovative technology. The liquid waste management plan must be undertaken by an Engineer with experience in the field of liquid waste management, and it must examine and find the following:
‐ that soil conditions demonstrate that land‐based disposal methods would, on balance, be inferior to ocean outfall; ‐ alternative disposal measures are found to be unsatisfactory; ‐ there will be improved overall public health and environmental quality when compared to land based systems;
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Page 240 of 386 ‐ the system capacity will not exceed the requirements generated by permitted uses and lot density; and ‐ effluent will not be embayed or directed into land oriented currents.
6.30 No sewage may be disposed of on a lot other than on which it was generated, except where:
.1 the lot is used only for the purpose of sewage disposal or for acceptably designed outdoor recreation, or .2 where the owner of the second lot grants an easement on terms satisfactory to the Municipality to the owner of the building lot to provide permanent access to the sewage disposal facilities, and grants to the Municipality a covenant subject to Sections 2.6 and 2.7 restricting the use of the easement area to sewage disposal facilities for the building lot.
STORM DRAINAGE STANDARDS
6.31 Every subdivision shall be designed and constructed so as to maximize the proportion of precipitation which is percolated into the ground and to minimize direct overland runoff and the erosion of ditch banks.
6.32 Every surface drainage system shall be designed to provide for the continuity of any existing surface drainage system serving the drainage basin in which the lot to be subdivided is located.
6.33 Every surface drainage system shall be designed to convey the peak rate of runoff from a 1:100 year storm event from the proposed subdivision or development to the system outfall of the drainage basin, under written certification and seal of an Engineer.
6.34 All drainage works, ditches, culverts and appurtenances, other than those servicing a lot or a strata plan exclusively, shall be located in statutory rights‐of‐way granted to the Municipality, or in dedicated highways.
6.35 If storm water is discharged from the surface drainage system to the ocean or a watercourse on or adjacent to the land being subdivided or developed, the system shall be constructed and designed to retain storm water for the period of time necessary to allow for the settling of silt and other suspended solids through the use of surge tanks, dry wells, holding ponds or other similar engineered devices and to meet Provincial and Federal regulations.
6.36 Every applicant for subdivision shall provide the written certification under seal of an Engineer with experience in drainage engineering that the drainage system for the
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Page 241 of 386 subdivision has been designed in accordance with the requirements of Sections 6.33 through 6.37.
6.37 The certification required in Section 6.36 shall be provided to the building inspector if an application for building permit is made and the certification has not previously been provided in respect of the subdivision of the lot on which the building is proposed to be constructed, and the provisions of Sections 6.33 through 6.37 apply, except that the certification need only be provided in respect of the lot that is the subject of the permit application.
HIGHWAY AND STREET STANDARDS
6.38 The minimum width of a highway, excluding access routes as part of a bare land strata plan, dedicated in connection with the subdivision of land is 15 metres and the minimum width of an access route as part of a bare land strata plan is 8 metres. The minimum width may be increased to accommodate bicycle, equestrian and pedestrian traffic, and may be varied by the Approving Officer based on the Letter of Agreement between the Ministry of Transportation and Highways and Islands Trust on Road Standards and Classification dated October 20, 1992.
6.39 A highway may be dedicated having one‐half or more of the width specified in Section 6.40 along the boundary of a lot if the regulations contained in this Bylaw allow for the subdivision of an adjacent lot which will result in the dedication of the remaining portion of the highway right of way.
6.40 The minimum diameter of the terminal end of any cul‐de‐sac is 14 metres.
Information Note: Highway and street widths in this Section may be varied by development variance permit issued by Council. This Section will be reviewed upon completion of new Municipal highway and street standards.
6.41 Streets shall be constructed to meet Bowen Island Municipality road standards and specifications and the Land Title Act.
6.42 No street may be located or constructed so as to connect any island subject to this Bylaw to any other island.
6.43 Where access to a lot is to be provided by an easement registered in the Land Title Office, Bowen Island Municipality must be a party to the easement.
6.44 If a subdivision with water access only is approved on an island within Bowen Island Municipality, the owner of land being subdivided must provide parking spaces in accordance with Part 5 of this Bylaw for each dwelling permitted by this Bylaw in respect of each lot being created.
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Page 242 of 386 .1 Such parking spaces must be located at the most reasonable location on Bowen Island giving access by water to the island, and .2 the owner of the lot on which the parking spaces are provided must grant to the owner of the lot in respect of which the spaces are required a licence on terms satisfactory to the Bowen Island Municipality ensuring that: i) a parking space deficit is not created for the Bowen Island lot; and ii) that the licence shall not be cancelled without parking requirements for the dwelling being met elsewhere. OWNER’S COSTS
6.45 All works and services shall be constructed and installed in accordance with the requirements of Part 6 at the expense of the owner of the lots proposed to be subdivided.
6.46 Where an easement, right‐of‐way or covenant is required, the lot owner shall pay all costs associated with the preparation, execution and regulation of the instrument.
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PART6B 7 – DEVELOPMENT PERMIT GUIDELINES AND EXEMPTIONS
Information Note: Section 919.1488 of the Local Government Act currently provides that an Official Community Plan may designate areas for the protection of the natural environment, its ecosystems and biological diversity; revitalization of an area in which a commercial use is permitted; and establishment of objectives for the form and character of commercial, industrial or multi‐family residential development. The Bowen Island Official Community Plan establishes such areas.
When land is designated as a Development Permit Area, no land within the designated area shall be subdivided nor construction of, addition to or alteration of a building or structure commenced unless the owner first obtains a development permit or is exempted under a condition that specifies when a development permit would not be required. Land within areas for the protection of the natural environment, its ecosystem and biological diversity or revitalization of an area in which a commercial use is permitted must not be altered without first obtaining a development permit.
Development permit guidelines and conditions under which a development permit would not be required are provided below.
7.1 CAPE ROGER CURTIS DEVELOPMENT PERMIT AREA
Guidelines
The following guidelines apply to the Cape Roger Curtis Development Permit Area.
1) Construction shall be avoided on slopes over 25 degrees (approximately 46%) where possible.
2) On slopes over 30 per cent septic fields are not permitted and on slopes over 12 per cent the applicant shall be required to furnish at their expense, a report, certified by a Professional Engineer with experience in geo‐technical engineering, to determine if any hazards arise from the installation of a septic field or whether there will be degradation of water and whether conditions addressing such installation should be incorporated into the development permit. 3) All natural water courses shall be dedicated at the time of registration of a subdivision plan. 4) Disturbance to wetlands and watercourses and their riparian zone should be avoided or mitigated wherever possible. Where wetland or watercourses are disturbed, subject to approval of other agencies having jurisdiction, compensation equal to 100% of the disturbed area shall be provided.
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Page 244 of 386 5) Areas within an average of 30 metres above the natural boundary of a watercourse and no less than 15 metres in any location from the top of a bank of any watercourse shall remain free of development except in accordance with conditions of the development permit which are determined from the following guidelines: a) Development permit applications in this category should include a report prepared by an Environmental Consultant including the following information: ‐ mapping to a more detailed scale identifying the environmentally sensitive areas within the site; ‐ criteria used to define the boundaries of environmentally sensitive areas; ‐ inventory of fisheries species and related habitat classification within the site and a statement of significance; ‐ impact statement describing effects of proposed development on natural conditions; ‐ guidelines for mitigating habitat degradation, including limits of proposed leave strips; ‐ habitat compensation alternatives, where compensation is approved based on no net loss of fish habitat.
b) The application shall include design details of the proposed mitigating measures in an environmental management plan.
c) Guidelines as provided in Schedule ”D” Land development Guidelines for the Protection of Aquatic Habitat shall apply.
d) Clearing, unless requested by the Minister of Water, Land and Air Protection, and grubbing or altering of grades in the proposed leave area is not permitted. Grades shall be feathered and rounded immediately outside the leave area to meet existing adjacent grade. Slopes adjacent to the leave area shall not exceed 3:1 for a distance of 5 metres from the leave area boundary.
e) Access shall be restricted or fencing provided to environmentally sensitive areas in accordance with the report of the Environmental Consultant.
f) An erosion and sedimentation plan designed in accordance with Schedule “D” Land Development Guidelines shall be provided as part of the application. Erosion control measures might include retention of existing vegetation, revegetation, diversion swales, silt fence, settlement ponds and careful scheduling of construction.
g) Storm‐water detention for the site shall meet the minimum requirements of Schedule “D” Land Development Guidelines.
h) Storm‐water outflows to the stream or leave area shall have water quality and erosion control features included in accordance with Schedule “D” Land Development Guidelines.
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i) If storm drain inlets are located within this Development Permit Area they shall be marked in accordance with the DFO storm drain marking program.
j) Instream work and stream crossings shall meet the requirements of Schedule “D” Land Development Guidelines and the B.C. Water Act.
k) Timing of works in and about a stream and construction practices should be in accordance with Schedule “D” Land Development Guidelines, the B.C. Water Act, and requires specific written approval granted by Planning and Assessment of Ministry of Water, Land and Air Protection in addition to any development permit issued before work begins.
l) Applications should include a vegetation management plan indicating the extent of proposed leave strip, and any proposed management of the vegetation in the leave areas. Clearing, grubbing or removal of trees or undergrowth from the leave area of the site requires approval of the Department of Fisheries and Oceans and the Minister of Water, Land and Air Protection when requested.
m) Revegetation within and adjacent to leave areas should be with native species appropriate to the site.
n) Bonding or other acceptable security may be required for up to 100 percent of the value of the erosion control and environmental management work.
o) A report may be required from a qualified Environmental Monitor that the required measures have been implemented substantially as designed.
6) Bridges should be provided across all watercourses and where they are not feasible, culvert installation or other alternatives shall only be permitted where approved by Ministry of Water, Land and Air Protection.
7) Road banks shall be regraded to a maximum of 10 metres in vertical height.
8) Cut and fill for road construction shall be within 10% of "balanced"
9) Development shall be phased in accordance with the terms of a development permit to alleviate impacts upon the special conditions of this site including but not limited to: ‐ limitation of works that may impact established seasonal habitat of wildlife; ‐ minimizing land disturbance in areas subject to possible erosion during seasonal periods of high rainfall;
10) All telephone, power, community sewer and water services, except storage tanks if required, will be provided underground.
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Page 246 of 386 Exemptions
A development permit shall not be required in the Cape Roger Curtis Development Permit Area for the following conditions:
1) A proposed subdivision: ‐ that consolidates lots; or ‐ is subject to a covenant to which the Municipality is a grantee that establishes that there shall be no alteration of the land from that which existed prior to the subdivision.
2) There is a proposed alteration of an existing building or structure for purposes of maintenance and repair, any alteration of the interior of a building or structure, any addition of exterior features to a building or structure that does not require an additional alteration or support of the land, any unenclosed stairwell, any open deck not exceeding 25 per cent of the existing building footprint, or any construction that is not subject to a requirement for a building permit.
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Page 247 of 386 7.21 WATERSHED, AQUIFER AND STREAM PROTECTION DEVELOPMENT PERMIT AREA.
Guidelines
A Development Permit may be required for development activities proposed within Watershed, Aquifer and Stream Protection Areas as identified on Schedules B‐3, B‐3A, B‐4 and B‐4A of Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010 or as identified in an evaluation report prepared by a qualified professional. Development permits issued for properties containing Watershed, Aquifer and Stream Protection Areas as identified on Schedules B‐3, B‐ 3A,B‐4 and B‐4A of Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010 shall be in accordance with the guidelines set out in sections A and B below.
If the property is located in more than one Development Permit Area, only one Development Permit, containing conditions based on guidelines in all applicable Development Permit Areas, is required.
A. Fish and Riparian Protection Area
1) The terminology used in Section A of Part 7.2 follows the definitions contained within the Province of British Columbia’s Riparian Areas Protection Regulation of the Fish Protection Act.
2) This designation follows the Riparian Areas Protection Regulation of the Fish Protection Act. The fish and riparian protection area designation applies to any riparian assessment areas and, without limitation, includes areas within and adjacent to those mapped streams shown on Schedules B‐3 and B‐3A of the Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010 and to all mapped and unmapped streams that either provide fish habitat or flow to a freshwater body that provides fish habitat, including the following stream riparian assessment areas: a. For a stream that is not in a ravine, the 30 metre wide strip on both sides of the stream, measured from the high water mark; b. For a ravine less than 60 metres wide, a strip on both sides of the stream measured from the high water mark to a point that is 30 metres beyond the top of the ravine bank; c. For a ravine 60 metres wide or greater, a strip on both sides of the stream measured from the high water mark to a point that is 10 metres beyond the top of the ravine bank; d. For all other water bodies, an area encompassing the water body and a strip 30 metres around the water body measured from the natural boundary of the water body; and e. Where there is uncertainty or a discrepancy regarding the width of ravine or the presence of an unmapped stream, this shall be determined by a qualified environmental professional (QEP) and a licensed British Columbia Land Surveyor at the expense of the applicant.
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Page 248 of 386 3) The Riparian Areas Protection Regulation establishes the riparian assessment areas as described above for the following streams and lakes known to have fish present: Davies Creek, Terminal Creek, Grafton Lake, Bowen Brook, Harding Creek, Killarney Creek, Killarney Lake, Guild Creek, Grafton Creek, Malkin Creek, Explosives Creek, Josephine Creek, Lee Creek, and their tributaries.
4) An assessment report prepared by a qualified environmental professional in accordance with the Riparian Areas Protection Regulation is required in support of a development permit application and for issuance of a Development Permit where development, as defined in the Riparian Areas Protection Regulation, is proposed for land that includes a riparian assessment area. The assessment report must identify the width of the streamside protection and enhancement area (SPEA) to be protected, and describe measures necessary to protect the integrity of the streamside protection and enhancement area. The qualified environmental professional must: a. Certify he or she is qualified to conduct the assessment; b. Certify he or she has followed the assessment methods set out in the Schedule to the Riparian Areas Protection Regulation; c. Provide: i. an opinion that, if the development is implemented as proposed, no natural features, functions or conditions that support fish life processes in the riparian assessment area will be harmfully altered, disrupted or destroyed; and ii. a copy of the assessment report to Fisheries and Oceans Canada and the British Columbia Ministry of Environment; d. If the qualified environmental professional is of the opinion that a development, if implemented as proposed, is likely to result in a Harmful Alteration, Disruption or Destruction (HADD) of natural features, functions, and conditions that support fish life processes in the riparian assessment area, authorization from Fisheries and Oceans Canada must be obtained in accordance with the Fisheries Act in order for the development to proceed; 5) The proposed developments and timing of construction should:
a. avoid and minimize any damaging impact on the natural features, functions and conditions of the streamside protection and enhancement areas; and b. avoid and minimize the area of encroachment into the streamside protection and enhancement areas; 6) Where the proposed development activity is limited to the limbing, pruning, cutting, falling or removal of one or more trees within a streamside protection and enhancement area, the only development permit guideline applicable is the presentation of a supporting report by a qualified environmental professional acceptable to the Municipality.
7) Development permits issued may require that:
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Page 249 of 386 a. areas of land, specified in the permit, must remain free of development, except in accordance with any conditions contained in the permit; b. specified natural features or areas be preserved, protected, restored or enhanced in accordance with the permit; c. works be constructed to preserve, protect, restore or enhance streams or other specified natural features of the environment; d. protection measures be implemented, including that vegetation or trees be planted or retained in order to preserve, protect, restore or enhance fish habitat or riparian areas, control drainage, control erosion or protect banks; and e. a reference plan prepared by a BC Land Surveyor that delineates the identified streamside protection and enhancement area; and 8) In the event that the assessment report outlined above confirms that the water body does not provide fish habitat, it is not necessary for the qualified environmental professional to file his or her report with the Ministry of Environment to the extent set out under the Riparian Areas Regulation.
B. Water Resource Protection Areas
1) For the purpose of Section B of Part 7.2, the terms riparian and stream, in addition to their definitions under the Riparian Areas Protection Regulation of the Fish Protection Act, also apply to water bodies that do not contain fish habitat.
2) This designation includes all water resource protection areas shown on Schedules B‐4 and B‐ 4A of the Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010 and to all mapped and unmapped water resource protection areas. Where there is uncertainty or a discrepancy regarding the presence of an unmapped water resource protection area, this shall be determined by a qualified professional retained by the applicant.
3) Disturbance to wetlands, lakes, ponds, springs and watercourses and their watersheds and riparian zones, and groundwater recharge areas, must be avoided or mitigated wherever possible. Where riparian areas are disturbed, subject to approval of other agencies having jurisdiction, compensation equal to at least 100% of the disturbed area or functional equivalent may be required, in accordance with the requirements of applicable Provincial and Federal legislation.
4) Areas within this Development Permit Area designation shall remain free of development except in accordance with conditions of the Development Permit which are subject to the following guidelines: a. Bowen Island Municipality recognizes that trees and other forest vegetation are a renewable natural resource that can be managed sustainably. Land owners are encouraged to manage the trees and other native vegetation ‐ including harvesting for firewood or other uses, or limbing, pruning, cutting, falling or removal of trees to create or maintain views, protect utility cables, and other such purposes ‐ in a manner that is consistent with the sustainable use of natural resources.
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Page 250 of 386 b. In order to assist the Municipality in determining conditions or requirements to be included in a Development Permit, the applicant may be required to provide, at the owner’s expense, a report prepared by a qualified professional to indicate that any proposed buildings, structures, land alteration, roads, driveways, parking areas, excavation or other proposed development which may cause an impermeable surface or alteration to an existing drainage pattern shall not: i. increase the rate of water drainage beyond that existing prior to any new development of the land; ii. introduce a volume of material whether solids, suspended material, or dissolved material into existing surface water in levels above that existing prior to any new development of the land; iii. introduce new or different material into existing surface water or groundwater; iv. cause any potential erosion of soil or contribute to any land slip, rock fall, mud flow or debris torrents which may adversely affect the quality or quantity of water resources or supplies. c. The qualified professional’s report, if required, should include an inventory of site characteristics and assessment of the proposed development including: i. location of all surface water, water intakes and wells; ii. terrain characteristics, including groundwater recharge areas; iii. an impact statement describing the effects of the proposed development on natural conditions in relation to the maintenance of water resources and supplies; iv. an environmental management plan including guidelines for mitigating impacts on water quality and quantity, including limits of recommended leave strips; and v. recommendations for restoring, providing compensation or enhancing water resource protection areas where such needs or opportunities are identified. d. Clearing, unless requested by the BC ministry responsible for environment, and grubbing or altering of grades in the proposed leave strip are not permitted unless exempted under this bylaw or any prevailing Provincial and Federal legislation. e. The application shall include design details of the proposed mitigating measures in an environmental management plan. f. Current Provincial and Federal guidelines regarding erosion and sedimentation control, storm water management, work in or about a watercourse, construction practices, construction timing and re‐vegetation shall apply, where appropriate. g. If recommended as part of a report by a qualified professional, restriction of access to sensitive water resource protection areas, or the provision of fencing around them, may be required.
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Page 251 of 386 h. The environmental management plan provided as part of the application shall, where appropriate, describe: i. erosion and sedimentation controls to be employed. Measures might include retention of existing vegetation, re‐vegetation, use of diversion swales, silt fencing, settlement ponds, temporary tarping or other ground covers, careful scheduling of any construction, and other measures; ii. storm water management measures to be employed. Storm water detention for the site and outfalls to the receiving environment shall meet the minimum requirements of any current Provincial and Federal guidelines, as appropriate. Storm water management should use infiltration systems that provide retention of runoff through groundwater recharge, where possible, in addition to runoff peak flow control; and iii. a vegetation management plan indicating the extent of proposed leave strip around the water resource protection area, and any proposed management of the vegetation in the leave strip. Re‐vegetation within and adjacent to leave areas should be carried out with native or non‐invasive species appropriate to the site. i. Existing ditches constructed for storm water management purposes that flow into watercourses may be reviewed for compliance with any Provincial and Federal guidelines and remediated where necessary, based on the recommendations of a qualified professional acceptable to the Municipality. j. Instream work and watercourse crossings shall meet or exceed the requirements of any prevailing Federal and Provincial regulations and guidelines. k. Bonding or other acceptable security may be required for up to 150 percent of the value of the erosion control and environmental management work. l. Environmental monitoring during construction followed by presentation of a report by a qualified professional, confirming that the necessary mitigation measures have been implemented substantially as designed, may be required.
5) Development shall be phased in accordance with the terms of a Development Permit to alleviate impacts upon the special conditions of this site, including but not limited to: a. minimizing land disturbance in areas subject to possible erosion during periods of high rainfall or surface runoff; b. minimizing diversion of existing surface watercourses and flows; and c. maximizing groundwater recharge where appropriate.
6) Variances to the siting of development in relation to the distance from a water resource protection area boundary may be included in a Development Permit subject to the recommendations of a qualified professional, compliance with any Provincial and Federal laws and regulations, and the approval of the Municipality.
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Page 252 of 386 Exemptions
Where an owner/applicant asserts that his or her property does not contain a fish‐bearing stream or tributary as shown on Schedule B‐3 and B3‐A, or a water resource protection area as shown on Schedule B‐4 and B4‐A, a Development Permit will not be required if this assertion is confirmed through an inspection by Municipal staff or by a qualified environmental professional or qualified professional retained by the Municipality.
The following activities in a Watershed, Aquifer and Stream Protection Development Permit Area are exempted from the requirements to obtain a Development Permit:
1) Subdivision of land that: a. consolidates lots; b. is subject to a covenant to which the Municipality is a grantee that establishes that there shall be no alteration of the land from that which existed prior to the subdivision; and/or c. is subject to a conservation covenant satisfactory to and in favour of Bowen Island Municipality, Government of British Columbia, Government of Canada, the Islands Trust Fund, or another conservation agency which is registered for the protection of aquatic and riparian habitat or water resources. 2) Alterations to an existing building or structure if construction involves interior renovations or exterior renovations that do not change the structural footprint or disturb the existing grade and natural soil conditions, and provided that the construction does not intrude upon the required leave strip. 3) Clearing of trees and other vegetation within a water resource protection area, for fire protection within 30 metres from a dwelling, creating or expanding a residential vegetable garden or orchard regardless of size, and farming in agriculturally designated lands, provided that water resources are not adversely affected. (See also Exemption 10 below.) 4) Planting of native trees, shrubs, or groundcovers for the purpose of enhancing the habitat values and/or soil stability within the development permit area. 5) Ecological restoration and enhancement projects undertaken or authorized by Bowen Island Municipality or another public body. 6) Any maintenance activities carried out by, or on behalf of, Bowen Island Municipality that are designed to protect and enhance existing road networks and public trails. 7) The repair and maintenance of existing private roads, driveways, paths and trails, provided there is no expansion of the width or length of the road, driveway, path or trail, and no creation of additional impervious surfacing, including paving, asphalting or similar surfacing, and the stability of the watercourse bank is maintained or enhanced.
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Page 253 of 386 8) Emergency actions to prevent, control, or reduce immediate threat to life or property, including, without limitation: the removal of any hazardous trees; fire suppression; flood protection; erosion protection; land slip events; and the clearing of any obstruction in a watercourse if the action is reported to the Municipality within two business days. Post‐ emergency rehabilitative planting may be required in accordance with other provisions of this Bylaw. 9) Development of land where a conservation covenant satisfactory to and in favour of Bowen Island Municipality, Government of British Columbia, Government of Canada, the Islands Trust Fund or another conservation agency is registered for the protection of aquatic and riparian habitat or water resources and the proposed development is outside of and does not adversely affect the covenant area and anyor another fish and riparian protection area or water resource protection area. 10) Agricultural use conducted in a manner consistent with “normal farm practice” as defined in the Farm Practices Protection (Right to Farm) Act. 11) Quarrying activities regulated by the Mines Act. 12) The Provincial public health authority directs that a sewage disposal system shall be upgraded, altered or repaired to remedy a health hazard as defined by the Sewage Disposal Regulation or Health Act. 13) The Provincial public health authority or qualified professional supervises the digging of soil percolation test pits to determine in‐ground sewage disposal system capacity.”
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Page 254 of 386 7.3 VILLAGE REVITALIZATION DEVELOPMENT PERMIT AREA
Guidelines
The following guidelines apply to the Village Revitalization Development Permit Area.
1) When parking is provided off‐site, maximum site coverage should be 40‐50% and maximum floor space ratio should be 0.6 ‐ 0.8. Where parking is provided on‐site, such maximum site coverage and FSR will have to be reduced. Cluster off‐street parking of small groupings should be encouraged.
2) Building height should be up to 2 or 2.5 storeys.
3) The Old Union Steamship General Store and other examples of the "Arts and Crafts" theme should be preserved and maintained as well as perpetuated in future development projects.
4) Siting and massing of new buildings should be designed to give the impression of smaller blocks which respect to scale and proportion of neighbouring forms, rather than large boxy slab‐like structures. New buildings and structures should not be more than 2.5 storeys.
5) Hand painted, carved, or three dimensional signs of the generic or symbolic kind shall be used.
6) The use of natural tones which lend a thread of continuity between buildings and structures along the street is required. Transparent stains, clear oil and treated wood are compatible finishes.
7) New buildings or structures should be located so as to not dominate views of Snug Cove and the mountains.
8) The use of native vegetation and ground cover should be utilized in landscaping.
9) The use of native vegetation and built forms of screening is required around enclosures and parking areas.
10) Pedestrian walks shall be segregated from vehicular traffic. An integrated network of pedestrian corridors linking the Regional Park and the Village and adjoining residential neighbourhoods shall be established.
11) The use of pedestrian amenities such as benches, arbours, rest areas; decorative lighting and surface treatment of pathways shall be incorporated.
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Page 255 of 386 12) Siting variances may be included in a development permit subject to the approval of Council.
13) Guidelines as provided in the Schedule “E” Design Guidelines, Snug Cove shall apply.
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Page 256 of 386 7.4 VILLAGE PERIPHERY DEVELOPMENT PERMIT AREA
Guidelines
The following guidelines apply to the Village Periphery Development Permit Area.
1) Landscaping proposals should generally incorporate native vegetation that produces a green landscape to the maximum extent possible and should include additional vegetation where appropriate in order to maintain a green rural backdrop to the village.
2) Design of buildings and landscaping should minimize the obstruction of views from existing properties; blend in well with existing natural features; give the impression of small scale building forms; and connect with the proposed pathway system for the village;
3) Parking areas in new development should be effectively set back and screened from adjacent properties, roads or pathways;
4) Buildings should reflect the character of the nearby village commercial areas through appropriate choice of finishes, materials and natural colours.
5) Siting variances may be included in a development permit subject to the approval of Council.
Exemptions
A development permit shall not be required in the Village Periphery Development Permit Area for the following land use activities and conditions.
a) Subdivision of land when the use intended is single family residential use, civic use or institutional use; b) Construction of, addition to, or alteration of a building or structure for single family residential use, civic use or institutional use.
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Page 257 of 386 7.5 TOURIST COMMERCIAL (ACCOMMODATION) DEVELOPMENT PERMIT AREA
Guidelines
Schedule “F” Tourist Commercial (Accommodation) Development Permit Guidelines shall apply.
Exemptions
A development permit shall not be required in the Tourist Commercial (Accommodation) Development Permit Area for the following conditions.
1. Interior alterations to an existing guest house or small inn with an approved Tourist Commercial (Accommodation) Development Permit which do not result in an increase in the total number of guests who can be accommodated within;
2. Alterations that do not affect the exterior appearance of an existing guest house or small inn with an approved Tourist Commercial (Accommodation) Development Permit, including without limiting the generality of the foregoing exterior repair or conservation of an existing guest house or small inn. For the purposes of this provision of the plan, "exterior repair or conservation" includes replacement of wood siding with new siding material of the same style and colour; replacement of damaged windows or doors with new windows or doors of the same size, shape, materials and appearance, and repainting or re‐staining the exterior walls with paint or stains matching the original paints and stains.;
3. Construction or alteration of any building or structure not used or intended to be used for a tourist commercial (accommodation) use; or
4. Removal of a tree that is dead, diseased or hazardous to persons or property or that is less than 15 cm in trunk diameter measured 1.5 metres above grade.
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Page 258 of 386 7.6 DETACHED SECONDARY SUITE DEVELOPMENT PERMIT AREA
Information Note: The purposes of the Detached Secondary Suite Development Permit Area are to maintain neighbourhood character and minimize potential impacts to adjacent neighbours. Landscaping plays an important part in maintaining privacy, enhancing the visual aesthetics of the lot and character of the neighbourhood, as well as managing passive energy gain and water conservation.
Guidelines:
The following guidelines apply to the Detached Secondary Suite Development Permit Area:
Layout and Design
1) With respect to site layout, building orientation and design, the detached secondary suite shall:
a) Reflect the form and character of the primary dwelling in terms of design, scale and proportion and through appropriate choice of finishes, materials and colours.
b) Establish and maintain privacy with respect to the adjacent lots through the location and orientation of decks, external stairs, doors, windows and balconies.
Be sensitive to existing development on adjacent lots to minimize over view and shadowing, and to minimize impacts on established views.
c) Be unobtrusive and not compete visually with the primary dwelling unit.
Landscaping and Screening
2) Landscaping should blend with existing natural features to achieve site unity, coherence and balance.
3) Existing mature trees and significant landscape features on the property shall be kept wherever possible.
4) Alteration of existing grade and natural site features to accommodate the detached secondary suite should be minimized.
5) Private outdoor space such as a patio deck or garden area should include landscaping and screening to ensure privacy.
6) Additional landscape screening between the detached secondary suite and neighbouring lots should be considered, especially where the neighbouring lot has a primary dwelling that overlooks the detached secondary suite.
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7) Landscape screening shall include a range of vegetation, including, but not limited to, evergreen trees, hedges, bushes as well as ground cover vegetation like grasses and flowers. Vegetation should be native and drought tolerant.
8) Additional landscape and screening shall screen garbage storage areas from being directly viewed from the street or adjacent lots.
Exemptions:
9) A development permit shall not be required in the Detached Secondary Suite Development Permit Area for the following conditions:
a) Interior alterations to an existing detached secondary suite with an approved Detached Secondary Suite Development Permit that do not result in changes to the exterior;
b) Alterations that do not affect the exterior appearance of an existing detached secondary suite with an approved Detached Secondary Suite Development Permit including, but not limited to, replacement of siding; replacement of windows or doors, and repainting or re‐staining the exterior;
c) Expansion of an existing detached secondary suite with an approved Detached Secondary Suite Development Permit, where the expansion does not increase the floor area by more than 10% of the original floor area, and any new addition complies with the terms of the approved Detached Secondary Suite Development Permit;
d) Replacement of a detached secondary suite with an approved Detached Secondary Suite Development Permit where the detached secondary suite was destroyed by natural causes and where the replacement complies with the terms of the approved Detached Secondary Suite Development Permit;
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Page 260 of 386 e) Creation of a detached secondary suite in an accessory building constructed with a valid Building Permit before December 2016;
f) A detached secondary suite constructed a minimum of 30 metres from any lot line;
g) A detached secondary suite not exceeding 5 metres in height and constructed a minimum of 10 metres from any lot line;
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Page 261 of 386 7.7 LIGHT INDUSTRIAL DEVELOPMENT PERMIT AREA
Guidelines:
The following guidelines apply to the Light Industrial Development Permit Area to provide for building design consistent with the form and character of Bowen Island, the compatible mixing of artisan, light industrial and residential, live/work and commercial uses, and the landscaping and buffering of the site to provide a high quality of development adjacent to Crippen Park:
1. Architectural compatibility shall be encouraged among rooflines and finishing material.
2. Where possible, significant trees shall be retained, and landscaping shall be provided along Mount Gardner Road, to enhance the appearance of buildings and provide an attractive transition to Crippen Park. All areas not used for buildings, parking, access and specified outdoor storage shall be landscaped or left in a natural state.
3. All garbage, recycling, and any storage of material enclosed within a primary or accessory building.
4. For live/work units, work areas shall be adequately sized and tied in tenure to the living space.
5. A pedestrian sidewalk and/or trail system shall link all buildings.
6. The design, siting and massing of buildings shall be encouraged to give the impression of similar blocks in terms of scale and built form.
7. Signage shall be incorporated into building facades and coordinated with the architecture of the buildings. No signs will be permitted above the lowest roof eve on the building. A coordinated sign plan will be required for each multi‐tenant building.
8. Parking spaces for businesses, residents and visitors shall be clearly identified.
9. Multi‐modal or shipping containers are discouraged outside of a building.
10. Lighting shall be attached to a building and downward facing. Pedestrian scale lighting shall be considered and provided for at each stage of development.
Exemptions:
A development permit shall not be required in the Light Industrial Development Permit Area for the following conditions:
1. Indoor alterations to a work space or living unit that do not increase the amount of floor area and which do not affect the exterior appearance of the building.
167 Bowen Island Municipality Land Use Bylaw (Consolidated September 2020) Bylaw No. 57, 2002
Page 262 of 386 2. Outdoor maintenance and repair of buildings, which does not change the footprint of or materially change the exterior appearance of the building.
3. The repair and maintenance of driveways, paths, trails, sidewalks, parking areas, or landscaping.
4. Replacement of sign faces with no change to the size, location or type of sign.
168 Bowen Island Municipality Land Use Bylaw (Consolidated September 2020) Bylaw No. 57, 2002
Page 263 of 386 1
POLICY STATEMENT DIRECTIVES ONLY CHECK LIST
Bylaw No. 528, 2020 – File: Land Use Bylaw Housekeeping Amendments PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.
POLICY STATEMENT The Policy Statement is comprised of several parts. Parts I and II outline the purpose, the Islands Trust object, and Council’s guiding principles. Parts III, IV and V contain the goals and policies relevant to ecosystem preservation and protection, stewardship of resources and sustainable communities.
There are three different kinds of policies within the Policy Statement as follows: • Commitments of Trust Council which are statements about Council’s position or philosophy on various matters; • Recommendations of Council to other government agencies, non-government organizations, property owners, residents and visitors; and • Directive Policies which direct Local Trust Committees and Island Municipalities to address certain matters.
DIRECTIVES ONLY CHECK LIST The Policy Statement Directives Only Checklist is based on the directive policies from the Policy Statement (Consolidated April 2003) which require Local Trust Committees to address certain matters in their official community plans and regulatory bylaws and Island Municipalities to address certain a matters in their official community plans in a way that implements the policy of Trust Council.
Staff will use the Policy Statement Checklist (Directives Only) to review Local Trust Committee and Island Municipality bylaw amendment Page 264 of 386 applications and proposals to ensure consistency with the Policy Statement. Staff will add the appropriate symbol to the table as follows: if the bylaw is consistent with the policy from the Policy Statement, or if the bylaw is inconsistent (contrary or at variance) with a policy from the Policy Statement, or N/A if the policy is not applicable.
2
Part III Policies for Ecosystem Preservation and Protection
CONSISTENT NO. DIRECTIVE POLICY 3.1 Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 3.1.3 the identification and protection of the environmentally sensitive areas and significant natural sites, features and landforms in their planning area. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.1.4 the planning, establishment, and maintenance of a network of protected areas that preserve the representative ecosystems of their planning area and maintain their ecological integrity. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.1.5 the regulation of land use and development to restrict emissions to land, air and water to levels not harmful to humans or other species. 3.2 Forest Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.2.2 the protection of unfragmented forest ecosystems within their local planning areas from potentially adverse impacts of growth, development, and land-use. 3.3 Freshwater and Wetland Ecosystems and Riparian Zones Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 3.3.2 means to prevent further loss or degradation of freshwater bodies or watercourses, wetlands and riparian zones and to protect aquatic wildlife. 3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 3.4.4 N/A the protection of sensitive coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 3.4.5 N/A the planning for and regulation of development in coastal regions to protect natural coastal processes.
PART IV: Policies for the Stewardship of Resources
CONSISTENT NO. DIRECTIVE POLICY 4.1 Agricultural Land
Page 265 of 386 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.4 N/A identification and preservation of agricultural land for current and future use. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.5 preservation, protection, and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.6 N/A use of adjacent properties to minimize any adverse affects on agricultural land. 3
CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.1.8 land uses and activities that support the economic viability of farms without compromising the agriculture capability of N/A agricultural land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.9 N/A use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.6 N/A need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a 4.4.2 N/A problem with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.4.3 N/A measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.8 N/A needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.9 N/A compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas.
Page 266 of 386 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.5.11 N/A opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways. 4.6 Soils and Other Resources N/A 4.6.3 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4
protection of productive soils.
PART V: Policies for Sustainable Communities
CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5.2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.3 N/A policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.5 N/A the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.6 N/A the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. Page 267 of 386 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.4.4 the identification of acceptable locations for the disposal of solid waste.
CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation 5
Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.3 N/A the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of 5.5.5 N/A recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.7 N/A the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.2 N/A the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.3 N/A the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.7.2 N/A economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services.
POLICY STATEMENT COMPLIANCE COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:
Page 268 of 386
Attachment 7 – Lot Line Examples LAND USE BYLAW REVIEW: LOT LINE DEFINITIONS
Local Government Front Exterior Side Interior Side Rear Bowen Island • Lot line common to the lot and highway • Not the front or rear • Any lot line that is not • Opposite to and most distant Municipality • Where more than one lot line common to lot line and common front, exterior side or from front lot line highway, the shortest of these lines is the to the lot and highway rear lot line • Where rear is bounded by front intersecting side lot lines, rear • Where a lot is split by a highway, each is the point of intersection portion of the lot shall have a front lot line Denman Island • Lot line common to the lot and highway or • Not the front lot line • Any lot line that is not • Opposite to and most distant access route under the Strata Property Act but common to the lot front, exterior side or from front lot line • Where more than one lot line common to and highway/access rear lot line • Where rear is bounded by highway/access route, the shortest lot line route intersecting lines, rear is the abutting highway/access route that is >20 point of intersection m is the front; if no lot line >20 m, the longest line abutting highway/access route is the front • Where more than three lot lines abutting highway/access route and one is corner-cut, one of the other lot lines is front based on preceding rule • Where two lot lines define a curve, all lines are considered one lot line • Where lot split by highway/access route, each portion will have front lot line Salt Spring Island • Lot line common to the lot and • Not the front or rear • Any lot line that is not • Lot line that most closely highway/access route lot line and common front, rear, or exterior parallels and is most distant • Where more than one lot line common to to the lot and side lot line from front lot line highway/access route, the shorter lot line highway/access route • Where rear portion of lot is
Page 269 of 386 >20 m is front bounded by intersecting side • For hooked lots, the lot line that adjoins the lot lines, rear is the point of larger portion of the parcel is front intersection • For panhandle lots, the lot line parallel to highway/access route and lot line perpendicular to access strip are considered front Local Government Front Exterior Side Interior Side Rear Gambier Island • Lot line common to the lot and • Not the front or rear • Any lot line that is not • Opposite the front lot line highway/access route lot line and common front, rear, or exterior • Where bounded by • Where two or more lot lines abutting to the lot and side lot line intersecting side lot lines, rear highway/access route, the shortest (other highway/ access route is the point of intersection than corner cut) is front Village of Lions Bay • Lot line common to the lot and highway • Not a front or rear lot • Not the front or rear • Opposite to and most distant • Where more than one lot line abutting line and common to lot line and common from front lot line highway, the shortest is the front the lot and highway to two or more lots • Where bounded by intersecting side lot lines, rear is the point of intersection Village of Anmore • Lot line common to the lot and street • Not the front or rear • Not the rear lot line • Opposite to and most distant • Where more than one lot line abutting lot line and common and common to more from front lot line street, the shortest is the front to the lot and street than one lot or a lot • Where bounded by • For panhandle lots, the front is where the and a lane intersecting side lot lines, rear access strip ends, and the lot widens is the point of intersection Town of Gibsons • Lot line common to the lot and • Not the front or rear • Not the front or rear • Most distant from front lot street/access route lot line and common lot line and common line • Where more than one lot line abutting to the lot and a to more than one lot • Where bounded by street/access route, the shortest is front; if street/access route or to a lot and a lane intersecting side lot lines, rear equal, front shall be designated by owner is line 6 m in length, joining and filed with the local government the two side lot lines, parallel to and most distant from front lot line Town of Golden • Lot line common to the lot and highway • Not the front or rear • Any lot line that is not • Opposite the front lot line (not including lane or access route) lot line and common front, rear, or exterior • Where more than one lot line abutting to the lot and highway side lot line highway, the shortest is the front or access route • For panhandle lots, the front is the lot line nearest to the highway but not forming of a boundary of the panhandle area Page 270 of 386 District of Lantzville • Lot line common to the lot and highway • Not the front or rear • Not a rear lot line and • Opposite to and most distant • Where more than one lot line abutting lot line and common common to more from front lot line and not highway, the shortest is the front to the lot and highway, than one lot abutting a highway • Any lot line that does not conform to other natural boundary, or • Where bounded by lot line definitions will be considered front Crown Land intersecting side lot lines, rear lot line is the point of intersection • For panhandle lots, the line separating the lot from the panhandle is front Local Government Front Exterior Side Interior Side Rear District of Peachland • Lot line common to the lot and street • Not the front or rear • Not front or rear lot • Opposite to and most distant • For corner lots, the shortest lot line lot line and common line and common to from front lot line abutting the street is front to the lot and abutting more than one lot or • Where no lot line opposite • For through lots (streets running parallel on street (not lane or to the lot and a lane front, rear s the point of both sides of lot), both lot lines are front walkway) or walkway intersection of any lot lines and opposite to the front lot line City of Rossland • Lot line contiguous to a highway (but not a • Not the front or rear • Not front or rear lot • Opposite to and not lane lot line and common line and common to connected to the front lot line • For corner lots, the front is the shortest lot to the lot and street two or more lots line contiguous to a highway (but not a lane) District of Sechelt • Lot line contiguous to a highway • Not the front or rear • Not the front or rear • Opposite to, most distant • Where more than one lot line contiguous lot line (“side lot line”) lot line (“side lot from, and not connected to with highway, the shortest is the front line”) front lot line • Where lot bounded by intersecting lot lines, rear is the point of intersection District of Sparwood • Lot line common to the lot and abutting • Not the front or rear • Not the front or rear • Opposite to and most distant highway (not lane or walkway) lot line and common lot line and common from the front lot line • Where there is more than one lot line to another lot(s) or to another lot(s) or • Where bounded by abutting highway, the shortest is the front highway (“side lot highway (“side lot intersecting lot lines, rear is line”) line”) the point of intersection District of Tofino • Lot line common to the lot and street • Lot line between two • Lot line between two • Furthest from and opposite • For corner lots, either lot line abutting the lots or between a lot lots or between a lot to front lot line, except that street may be front lot line and rear must and lane, or between a and lane, or between there shall not be more than be opposite (only one front lot line lot and public street a lot and public street one rear lot line required) (corner lots) of which (corner lots) of which • For through lots, lot lines abutting street(s) one or both ends one or both ends and waterway are front intersect a front lot intersect a front lot Page 271 of 386 • For lots not fronting street/road/ way, line (“side lot line”) line (“side lot line”) building inspector determines front lot line • For lots divided by a public way (not lane or walkway) both sides of public way are front lot lines
To: Mayor Ander and Council
From: Hope Dallas, Corporate Officer, Administration
Date: December 6, 2020 Meeting Date: December 14, 2020
Subject: Council Procedure Bylaw No.529, 2020
RECOMMENDATION That Bylaw No.529, 2020 cited as "Bowen Island Municipality Council Procedure Bylaw No.529, 2020" be read a first, second and third time.
PURPOSE To provide Council with the results of public notice and provide an amended version of Council Procedure Bylaw No.529, 2020 for consideration of 1st, 2nd and 3rd reading.
BACKGROUND At its November 23, 2020 Regular Council meeting, Council received a draft Council Procedure Bylaw to replace the existing bylaw, currently out of date and does not reflect current meeting practice and procedure.
Public Notice Notice of the proposed changes were published in two editions of the Undercurrent, as required under the Community Charter. The notice described in general terms the proposed changes and invited feedback on the changes. At the time of writing this report, staff received two submissions, summarized below.
Delegations One comment was received suggesting that the deadline for requesting a delegation was too prohibitive (10 days in advance of the meeting). It was noted that in some instances a delegation may be requested after the deadline as it relates to an item already on the agenda or an item due to a time restriction.
The following has been included under Section 21: “If an application for delegation is received after the deadline it may be added as a late item, as outlined under section 19 of this bylaw”.
Section 19 of the bylaw relates to Late Items, requiring items to be distributed three calendar days in advance of the meeting. This addition will allow for greater flexibility in scheduling and coordinating delegations.
Page 1 of 2 Council Procedure Bylaw No.529, 2020 December 14, 2020 Regular Council meeting Page 272 of 386
Public Comment One comment was received requesting greater clarification of the difference between a Delegation and the Public Comment section of the agenda.
A definition for “Public Comment” has been added to the bylaw and a new section 22 has been added that generally outlines the procedure for Public Comment, as follows:
22.1 A period of fifteen minutes will be made available on each meeting agenda for public input. 22.2 An individual shall not speak more than once at the meeting for a period of longer than 3 minutes. 22.3 No personal shall speak on a bylaw that is subject of a closed Public Hearing and which has not yet been adopted. 22.4 Speakers must sign up in advance through the Corporate Officer by providing their name, phone number and the subject they with to speak on. 22.5 The speakers list shall be on a first come, first served basis. 22.6 Council members shall not respond to public comment nor engage in debate except to ask clarifying questions or to correct incorrect information. 22.7 Following a speaker, Council may refer an issue to staff for a report or refer the issue to a committee.
FINANCIAL CONSIDERATIONS There are no financial implications associated with this report.
COMMUNICATION TO THE PUBLIC The new Council Procedure Bylaw will be posted to the Municipal website and distributed electronically to all Committee members, for information.
CONCLUSION Staff are seeking first three readings of the Council Procedure Bylaw No.529 as amended to include changes as outlined in this staff report.
ALTERNATIVES 1. That Council amend Bylaw No.529, 2020 and give first, second and third reading. 2. That Council direct staff to amend Bylaw 529, 2020 and defer consideration to a future meeting.
ATTACHMENTS AND REFERENCES: 1. Staff Report re: Council Procedure Bylaw Introduction, dated November 13, 2020 2. Draft Bylaw No.529, 2020
Submitted by: Hope Dallas, Corporate Officer
Page 2 of 2 Council Procedure Bylaw No.529, 2020 December 14, 2020 Regular Council meeting Page 273 of 386
Bowen Island Municipality Bylaw No. 529, 2020
A Bylaw to regulate procedures to be followed for the conduct of business at meetings of the Council of Bowen Island Municipality, Committees of Council and Commissions established by Council.
WHEREAS, the Council of Bowen Island Municipality deems it expedient to provide for Council meeting procedures pursuant to the Community Charter;
NOW THEREFORE, the Council of Bowen Island Municipality enacts as follows:
PART 1 - INTRODUCTION
1. Title
1.1 This bylaw may be cited for all purposes as “Bowen Island Municipality Council Procedure Bylaw No.529, 2020”
2. Definitions
2.1 In this Bylaw:
“Acting Mayor” means the person appointed to act in place of the Mayor in the Mayor’s absence, or when the position is vacant;
“Chair” means the Mayor, Acting Mayor, or member appointed under this Bylaw who is presiding at a Council, Committee or Commission meeting.
“Committee” means a Committee established by Council under the Community Charter, a standing, select, or other committee of Council;
“Commission” means a Commission established by Bylaw;
“Community Charter” means the Community Charter, Chapter 26, 2003, as amended from time to time;
“Committee of the Whole” means a meeting of Council that is limited to receiving information, deliberating and making recommendations to Council.
“Consent Agenda” means a group of items approved in one action;
“Clerk” means the Committee Coordinator or their alternate;
Page 1 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 274 of 386 “Corporate Officer” means the person appointed as Corporate Officer for the Municipality, or their alternate;
“Council” means the Council of the Municipality;
“deferral” means a motion to defer consideration of a matter to a subsequent meeting;
“Delegation” means an individual or group appearing before Council to present information or make a request of Council, as described under Section 21 of this bylaw;
“Livestreaming” means live broadcasting of Committee and Council meetings to the internet for public viewing;
“Mayor” means the Mayor of the Municipality;
“meeting” means an inaugural, regular or special meeting of Council or Committee/Commission, as context requires;
“member” means the Mayor, a Councillor, or member of a Committee or Commission;
“motion” means a formal proposal made by a Member to consider a specified course of action;
“Municipality” means the Bowen Island Municipality;
“Municipal Hall” means the Bowen Island Municipal Hall located at 981 Artisan Lane, Bowen Island, British Columbia;
“Point of Order” means the procedure by which a Member interrupts another speaker to ask the Chair to rule on a procedural matter immediately;
“Public Comment” means addressing Council regarding a matter included on the agenda, as described under Section 22 of this bylaw;
“Public Notice Posting Places” means the Municipal website, other electronic means of communication, and the notice board at Municipal Hall;
“question” means the subject matter of a motion;
“quorum” means a majority of the number of Members of which Council consists under the Community Charter;
“resolution” means a motion that has been carried by a majority of the Members present at a meeting, unless otherwise provided in an enactment;
“regular Council meeting” means a meeting of Council other than a special or inaugural meeting held under Part 2;
Page 2 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 275 of 386 “special Council meetings” means a meeting of Council other than a regular or inaugural meeting held under Part 2.
3. Application of rules of procedure
3.1 The provisions of this Bylaw govern the proceedings of Council, Committee of the Whole, Commissions and all committees of Council, as applicable.
3.2 In cases not provided for under this Bylaw, the current edition of “Robert's Rules of Order” apply to the proceedings of Council, Commissions, and Council committees to the extent that those Rules are
(a) applicable in the circumstances, and (b) not inconsistent with provisions of this Bylaw or the Community Charter.
3.3 The business of Council will be conducted in accordance with this Bylaw or the Community Charter and, in the absence of provision in this Bylaw or the Community Charter, in accordance with parliamentary procedure as set out in the current edition of “Roberts Rules of Order”
PART 2 – COUNCIL MEETINGS
4. Inaugural Meeting
4.1 Following a general local election, the first Council meeting must be held on the first Monday in December in the year of the election.
4.2 If a quorum of council members elected at the general local election has not taken office by the date of the meeting referred to in Section 4.1, the first Council meeting must be called by the Corporate Officer and held as soon as reasonably possible after a quorum has taken office.
5. Time and location of meetings
5.1 All meetings must take place within Municipal Hall except when Council resolves to hold meetings elsewhere.
Page 3 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 276 of 386
5.2 Council must meet regularly: (a) on the second and fourth Monday of each month, except where the meeting falls on a statutory holiday, the meeting is held on a Tuesday or unless otherwise resolved;
(b) commence at 6:15 PM; (c) be adjourned at 9:30 PM unless Council resolves to proceed beyond that time.
5.3 Regular Council meetings may:
(a) be cancelled by the Mayor or a resolution of Council, provided that two consecutive meetings are not cancelled; and
(b) be postponed to a different day, time and place by the Mayor, provided the Corporate Officer is given at least two (2) days written notice.
6. Notice of Council meetings
6.1 In accordance with the Community Charter, Council must prepare annually during the first week of December each year, a schedule of the dates, times and places of regular Council meetings and must make the schedule available to the public by posting it at the Public Notice Posting Places.
6.2 In accordance with the Community Charter, Council must give notice of the availability of the schedule at least once a year.
7. Notice of Special meetings
7.1 Except where notice of a special meeting is waived by unanimous vote of all council members as provided in the Community Charter, a notice of the date, hour, and place of a special Council meeting must be given at least 24 hours before the time of meeting, by posting a copy of the notice at the Public Notice Posting Places.
7.2 The notice under subsection (1) must describe in general terms the purpose of the meeting and be signed by the Corporate Officer.
8. Electronic Meetings
8.1 Provided the conditions for electronic meetings set out in the Community Charter are met,
(a) a meeting may be conducted by means of visual and audio electronic or other communication facilities if:
Page 4 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 277 of 386 (i) The Chair requires it; or (ii) The Council requires it. (b) a member who is unable to physically attend a meeting, as applicable, may participate in the meeting by means of visual and audio electronic or other communication facilities.
9. Livestreaming of Council and Committee/Commission meetings
9.1 All open meetings will be livestream recorded to the internet for public viewing.
10. Designation of Member to Act in place of Mayor
10.1 Annually in December, Council must from amongst its members designate Councillors to serve on a rotating basis as the member responsible for acting in the place of the Mayor when the Mayor is absent or otherwise unable to act or when the office of the Mayor is vacant.
10.2 Each Councillor designated under section 10.1 must fulfill the responsibilities of the Mayor in their absence.
10.3 If both the Mayor and the member designated under section 10.1 are absent from the Council meeting, the Council members present must choose a Councillor to preside at the Council meeting.
10.4 The member designated under section 10.1 or chosen under section 10.3 has the same powers and duties as the Mayor in relation to the applicable matter.
PART 3 – MEETING PROCEEDINGS 11. Community Charter Provisions
11.1 Matters pertaining to Council proceedings are governed by the Community Charter including those provisions pertaining to “Open Meetings” and “Council Proceedings”.
12. Attendance of Public at Meetings
12.1 Except where the provisions for closed meetings outlined in the Community Charter apply, all meetings must be open to the public.
12.2 Before closing a meeting or part of a meeting to the public, Council must adopt a resolution in a public meeting as outlined in the Community Charter.
12.3 Despite section 12.1, the Mayor or the Councillor designated as the member responsible for acting in the place of the Mayor under Section 10 of this Bylaw may expel or exclude from a meeting a
Page 5 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 278 of 386 person in accordance with Section 24 of this Bylaw.
13. Minutes of meetings
13.1 Minutes of the proceedings of Council must be (a) legibly recorded, (b) certified as correct by the Corporate Officer, and (c) signed by the Chair or other member presiding.
13.2 Subject to Section 13.3 of this Bylaw, and in accordance with the Community Charter, minutes of the proceedings of Council must be open for public inspection at Municipal Hall during its regular office hours.
13.3 Section 13.2 does not apply to minutes of a closed meeting or that part of a Council meeting from which persons were excluded under the Community Charter.
14. Calling meeting to order 14.1 As soon after the time specified for a meeting as there is a quorum present, the Mayor, if present, must take the Chair and call the meeting to order. However, where the Mayor is absent, the Councillor designated as the member responsible for acting in the place of the Mayor in accordance with Section 10 of this Bylaw must take the Chair and call such meeting to order.
14.2 If a quorum of Council is present but the Mayor or the Councillor designated as the member responsible for acting in the place of the Mayor under Section 10 of this Bylaw do not attend within 15 minutes of the scheduled time for a meeting:
(a) The Corporate Officer must call to order the members present; and (b) The members present must choose a member to preside at the meeting.
15. Adjourning meeting where no quorum If there is no quorum of Council present within 15 minutes of the scheduled time for a meeting, the Corporate Officer must:
(a) record the names of the members present, and those absent, and (b) adjourn the meeting until the next scheduled meeting.
16. Agenda 16.1 Prior to each meeting, the Corporate Officer must prepare an Agenda setting out all the items for consideration at that meeting, noting in short form a summary for each item on the agenda.
16.2 The deadline for submission of agenda items to the Corporate Officer for inclusion on the meeting agenda must be ten (10) calendar days prior to the meeting.
Page 6 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 279 of 386 16.3 The Corporate Officer must make the agenda available to the members of Council and the public no later than 4:30 PM seven (7) calendar days prior to the meeting.
16.4 Council must not consider any matters not listed on the agenda unless a new matter for consideration is properly introduced as a late item pursuant to Section 19 of this Bylaw.
16.5 Council agendas will be made available for public viewing at the Public Notice Posting Places.
17. Consent Agenda
17.1 Items listed under the Consent Agenda section are considered for approval in one motion, unless a member wishes to amend or debate an item and requests that it be excluded.
17.2 Items removed from the Consent Agenda must be dealt with under the section in the Agenda designated unless otherwise resolved by Council.
17.3 Items will be listed in the Consent Agenda section that, in the opinion of the Chief Administrative Officer and/or Corporate Officer, require little or no discussion.
18. Order of proceedings and business
18.1 The agenda for all regular Council meetings must contain the following matters:
(a) Introduction of Late Items; (b) Approval of the Agenda; (c) Public Comment; (d) Approval of Consent Agenda; (e) Delegations; (f) Business Arising from Minutes; (g) Bylaws; (h) Staff Reports; (i) Correspondence; (j) Reports of Commitees, CoW, Commissions; (k) New Business; (l) Items Removed from the Consent Agenda; (m) Information Items; (n) Question Period; and (o) Adjournment. 18.2 Business at a Council meeting must in all cases be taken up in order in which it is listed in the agenda, unless otherwise resolved by Council.
Page 7 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 280 of 386 19. Late Items
19.1 An item of business not included on the Agenda must not be considered at a meeting unless the introduction of the late item is approved by Council at the time allocated on the Agenda for such matters.
19.2 Information pertaining to late items, as described in section 19.1, must be distributed to members no later than 4:30 PM, three (3) calendar days before the meeting.
19.3 Late Items to be included on the agenda will be limited to update on an item already on the meeting agenda or an item added due to a time restriction.
20. Voting at meetings
20.1 The following procedures apply to voting at meetings: (a) when debate on a matter is closed the Chair must put the matter to a vote of its Members;
(b) when the Council is ready to vote, the Chair must put the matter to a vote;
(c) when the Chair is putting the matter to a vote under paragraphs (a) and (b) a member must not:
(i) leave the room; (ii) make a noise or other disturbance; or (iii) interrupt the voting procedure under paragraph (b) unless the interrupting member is raising a Point of Order;
(d) after the Chair finally puts the question to a vote under paragraph (b), a member must not speak to the question or make a motion concerning it;
(e) the Chair’s decision about whether a question has been finally put is conclusive;
(f) whenever a vote of Council on a matter is taken, each member present shall signify their vote;
(g) if a Member does not signify their vote they are deemed to have voted in the affirmative; and
(h) the Chair must declare the result of the voting by stating that the question is either in the affirmative or the negative.
21. Delegations
21.1 A delegation may address Council at the meeting provided written application has been received by the Corporate Officer by 12:00 noon ten (10) calendar days prior to the meeting stating the topic to be presented and the amount of time required to present the topic.
21.2 If an application for delegation received after the deadline it may be added as a late item, as outlined under section 19 of this bylaw.
Page 8 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 281 of 386 21.3 Council must not permit a delegation to address a meeting of the Council regarding a bylaw in respect of which a public hearing has been held, where the public hearing is required under an enactment as a pre-requisite to the adoption of the bylaw.
21.4 The Corporate Officer may schedule delegations to another Council meeting or an advisory body as deemed appropriate according to the subject matter of the delegation.
21.5 The Corporate Officer may refuse to place a delegation on the agenda if the issue is not considered to fall within the jurisdiction of Council. If the delegation wishes to appeal the Corporate Officer’s decision, the information must be distributed under separate cover to Council for their consideration.
22. Public Comment
22.1 A period of fifteen minutes will be made available on each meeting agenda for public input.
22.2 An individual shall not speak more than once at the meeting for a period of longer than 3 minutes.
22.3 No personal shall speak on a bylaw that is subject of a closed Public Hearing and which has not yet been adopted.
22.4 Speakers must sign up in advance through the Corporate Officer by providing their name, phone number and the subject they with to speak on.
22.5 The speakers list shall be on a first come, first served basis.
22.6 Council members shall not respond to public comment nor engage in debate except to ask clarifying questions or to correct incorrect information.
22.7 Following a speaker, Council may refer an issue to staff for a report or refer the issue to a committee.
23. Points of Order
23.1 Without limiting the Chair’s duty as outlined in the Community Charter, a member may raise a Point of Order at any time.
23.2 When a Point of Order is raised, the Chair must: (a) immediately interrupt the matter of consideration on the agenda; (b) interrupt a member who had been speaking, until the Point of Order is ruled upon; (c) ask the member raising the Point of Order to state the substance of and the basis for the Point of Order; and (d) rule on the Point of Order without debate.
23.3 The Chair may take the question on notice and respond during the next regular meeting.
24. Conduct at meetings
Page 9 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 282 of 386 24.1 A member may speak to a question or motion at a meeting only after being recognized by the Chair.
24.2 Members must address the Chair by that person’s title of Mayor, Acting Mayor, or Councillor. 24.3 Members must address other non-presiding members by their title. 24.4 No member may interrupt a member who is speaking except to raise a Point of Order. 24.5 Members who are called to order by the Chair:
(a) must immediately stop speaking, (b) may explain their position on the Point of Order, and (c) may appeal to Council for its decision on the Point of Order in accordance with the Community Charter.
24.6 Persons speaking at a Council meeting: (a) must speak only in connection with the matter being debated,
(b) may speak about a vote of Council only for the purpose of making a motion that the vote be rescinded, and
(c) must adhere to the rules of procedure established under this Bylaw and to the decisions of the Chair and Council in connection with the rules and points of order.
24.7 A member may require the question being debated at a Council meeting to be read at any time during the debate if that member does not interrupt another member who is speaking.
24.8 The following rules apply to limit speech on matters being considered at a Council meeting: (a) a member may speak more than once in connection with the same question only: (i) with permission of Council; or (ii) if the member is explaining a material part of a previous speech without introducing a new matter;
(b) a member who has made substantive motion to the Council may reply to the debate;
(c) a member who has moved an amendment, the previous question, or an instruction to a committee may not reply to the debate;
(d) a member may speak to a question, or may speak in reply, for longer than a total time of five (5) minutes only with the permission of Council.
25. Expulsion from meetings
25.1 Persons attending meetings must use respectful language, and/or must not use offensive gestures or signs.
Page 10 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 283 of 386 25.2 If a person does not adhere to Section 25.1 of this Bylaw, the Chair may order the person to leave the meeting; and
25.3 If the person refuses to leave, the Chair may cause the person to be removed from the meeting by a peace officer; and
25.4 If the person apologizes to the Council, Council may, by resolution, allow the person to remain at the meeting.
26. Adjournment
26.1 A Council meeting must be adjourned as set is Section 5.3(c) of this Bylaw; and
26.2 A Council may continue a Council meeting after the time set out in Section 5.3(c) of this Bylaw only by an affirmative vote of two-thirds of the Council.
PART 4 – BYLAWS
27. Introduction of a Bylaw
27.1 A proposed bylaw may be introduced at a Council meeting only if a copy of it has been circulated to each Council member at least three (3) calendar days before the Council meeting, or all Council members unanimously agree to waive this requirement.
28. Form of Bylaws
28.1 A bylaw introduced at a Council meeting must: (a) be provided to Council and be available for public inspection; (b) have a distinguishing name and number; (c) contain an introductory statement of purpose; and (d) be divided into sections.
29. Readings and Adoption
29.1 The readings of a bylaw may be given by stating its distinguishing name and number.
29.2 Subject to this Bylaw and any enactments, Council may give first, second and third reading at the same meeting.
29.3 A proposed bylaw may be debated at any time during the first three readings unless prohibited by the Community Charter.
30. Modification prior to adoption
30.1 A Member may only propose a modification to a bylaw when such bylaw is on the floor for either first, second or third reading, but may not do so, subject to section 30.3, when such bylaw is on the Page 11 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 284 of 386 floor for adoption.
30.2 Subject to applicable enactments, Council may by resolution rescind the most recent reading of a proposed bylaw, other than first reading or adoption, and then give the proposed bylaw that reading with or without modification.
30.3 To modify a bylaw which has received first, second and third reading, but which has not yet been adopted, the rescission of the third reading of that bylaw is required.
31. Bylaws must be signed
31.1 After a bylaw is adopted, and signed by the Corporate Officer and Chair of the Council meeting at which it was adopted, the Corporate Officer must have it placed in the Municipality’s records for safekeeping and endorse upon it;
(a) The dates of its readings and adoption; (b) The date of Ministerial approval or approval of the electorate, if applicable; and (c) The Municipality’s corporate seal.
PART 5 – MOTIONS AND RESOLUTIONS
32. Introducing motions 32.1 A motion, not included in the agenda package, may be introduced at a Council meeting only if a copy of it has been circulated to each member at least twenty-four (24) hours before the Council meeting, or all members unanimously agree to waive this requirement.
33. Amendments of Motions
33.1 An amendment motion may propose removing, substituting, or adding words to the main motion.
33.2 An amendment motion must be: (a) relevant to the main motion; and (b) moved and seconded. 33.3 No more than one amendment motion may be on the floor at any given time. 33.4 Once an amendment motion has been moved and seconded it takes precedence over the main motion and becomes the subject of debate.
34. Deferral or Referral of Business
34.1 The following rules apply to a main motion to defer or refer an item of business: (a) a motion to defer or refer an item of business may only be made at the time that Council approves or amends the meeting agenda, or once that item of business is called for
Page 12 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 285 of 386 consideration by the Chair;
(b) if a motion to defer or refer an item of business is made, that motion takes precedence over any main or amendment motion that may be on the floor and becomes the subject of debate;
(c) a motion to defer or refer an item of business may only be debated relative to the merits of deferring or referring that item of business; and
(d) if a motion to defer or refer an item of business is defeated, Council may once again debate the motion that was on the floor prior to the motion to defer or refer that item of business.
35. Motion for the question
35.1 A member may put forward a motion to call the question on a motion. 35.2 The following rules apply to a motion to call the question on a motion: (a) If a motion to call the question is made, the motion to call the question takes precedence over any other motion on the floor and must be voted on immediately without debate; and
(b) If the motion to call the question is defeated, Council may once again debate the motion that was the subject of the motion to call the question, prior to voting on that motion.
36. Notice of Motion
36.1 A notice of motion must: (a) be in the form prescribed by the Corporate Officer;
(b) state the date of the meeting at which the motion will be considered;
(c) be provided to the Corporate Officer in writing no later than 12:00 PM (noon) on Wednesday prior to the next meeting;
(d) be added by the Corporate Officer to the agenda for the next meeting under New Business; and
(e) be added by the Corporate Officer to the applicable section of the agenda for the meeting at which the motion is to be considered, once the notice of motion has been given at a prior meeting.
36.2 At the meeting at which the motion is scheduled for consideration: (a) only the member making the motion may make introductory remarks; and (b) after the motion is moved and seconded it may be debated and voted on by Council.
PART 6 – COMMITTEE OF THE WHOLE
Page 13 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 286 of 386 37. Moving to Committee of the Whole
37.1 The purpose of a Committee of the Whole (CoW) is to relax the usual limits on debate, allowing a more open exchange of views without urgency of a final vote.
37.2 At any time during a meeting, Council may by resolution move into Committee of the Whole.
37.3 In addition to Section 37.2 of this Bylaw, a meeting, other than a standing or select committee meeting, to which all members of Council are invited to consider but not decide on matters of the Municipality’s business, is a meeting of CoW.
38. Notice of Committee of the Whole meetings
38.1 Subject to Section 37.2 of this Bylaw a notice of the day, hour and place of a CoW meeting must be given at least 48 hours before the time of the meeting by:
(a) posting a copy of the notice at the Public Notice Posting Places; and (b) notifying all members of Council. 38.2 Section 38.1 of this Bylaw does not apply to a CoW meeting that is called, in accordance with Section 37.2 of this Bylaw, during a Council meeting for which public notice has been given under Section 6 of 7 of this Bylaw.
39. Minutes of Committee of the Whole meetings
39.1 Minutes of the proceedings of CoW must be:
(a) legibly recorded; (b) certified by the Corporate Officer; (c) signed by the Chair; and (d) open for public inspection in accordance with the Community Charter.
40. Conduct and debate 40.1 The following rules apply to CoW meetings:
(a) a member may speak any number of times on the same question; (b) a member must not speak longer than a total of 5 minutes on any one question; (c) members of the public may speak to the members upon recognition by the Chair, after all members have had an opportunity to speak and may only speak a second time after the members and other members of the public have had the opportunity to speak a first time.
41. Meeting Proceedings
Page 14 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 287 of 386 41.1 Meeting proceedings at CoW meetings will be conducted as outlined in Part 3 – Meeting Proceedings of this Bylaw.
PART 7 – COMMITTEES AND COMMISSIONS
42. Duties of standing committees
42.1 Standing committees must consider, inquire into, report, and make recommendations to Council on matters the mayor considers would be better dealt with by committee.
42.2 Standing committees must report and make recommendations to Council at a frequency required by the Mayor or Council.
43. Duties of select committees
43.1 Select committees must consider, inquire into, report, and make recommendations to Council about the matters referred to the committee by the Council.
43.2 Select committees must report and make recommendations to Council at a frequency required by the Mayor or Council.
44. Notice of Committee meetings
44.1 Notice of Committee meetings will be as outlined in Section 6.1, 7.1, and 7.2 of this Bylaw.
45. Agenda
45.1 Prior to each Committee meeting, the Clerk must prepare an agenda setting out all the items for consideration at that meeting, noting in short form a summary for each item on the agenda.
45.2 The deadline for submission to the Clerk of items for inclusion on a Committee meeting agenda must be seven (7) calendar days prior to the meeting.
45.3 The Clerk must make the agenda available to members and the public no later than 4:30 PM five (5) calendar days prior to the meeting.
45.4 Committee must not consider any matters not listed on the agenda unless a new matter for consideration is properly introduced as a late item pursuant to Section 17 of this Bylaw.
45.5 Committee agendas will be made available for public viewing at the Public Notice Posting Places.
46. Meeting Proceedings
46.1 Meeting proceedings for Committees will be followed as far as is possible outlined in Part 3 – Meeting Proceedings, except for Agendas, described in Section 45 of the Bylaw.
PART 8 – GENERAL
Page 15 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 288 of 386 47. General Provisions
47.1 If any section, subsection or clause of this Bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Bylaw.
47.2 This Bylaw may not be amended, repealed, or substituted unless Council first gives notice in accordance with public notice requirements of the Community Charter.
47.3 “Bowen Island Municipal Council Procedure Bylaw No. 111, 2004” and all its amending bylaw are hereby repealed.
READ A FIRST TIME this ____ day of ______, ______;
READ A SECOND TIME this ____ day of ______, ______;
READ A THIRD TIME this ____ day of ______, ______;
FINALLY ADOPTED this ____ day of ______, ______;
______Gary Ander Hope Dallas Mayor Corporate Officer
Page 16 of 16 Bowen Island Municipality Council Procedure Bylaw No.529, 2020 Page 289 of 386
To: Mayor Ander and Council
From: Aaron Hanen, Acting Fire Chief, Bowen Island Fire Rescue and Merissa Bakos, Administrative Assistant, Bowen Island Fire Rescue
Date: November 19, 2020 Meeting Date: December 14, 2020
Subject: Bowen Island Fire Department Biannual Report
RECOMMENDATION That Council receive the Bowen Island Fire Department Biannual report presented at its December 14, 2020 Regular Council meeting for information.
PURPOSE This report is a summary of Bowen Island Fire Rescue (BIFR) activities for the period of May - November 2020.
BACKGROUND This report fulfills the requirements of Council resolution # 20-271(4) directing staff to provide a biannual update of the progress of implementing the recommendations contained in the Core Services Review Report published in April 2020 (Attachment 1).
BIANNUAL FIRE DEPARTMENT REPORT
Staffing
Core Services Review Recommendation Category: Staffing and Training Review
Recommendation: Consider increasing the Deputy Fire Chief and Training Officer FTE level to better manage administration and training responsibilities.
Core Services Review Recommendation Category: Training Recommendations
Recommendation: The Department should receive funding for an administrative support position. This may translate into two days per week once a steady-state has been achieved and all previous records have been checked and correctly entered into the system.
Recommendation: In the short term, the Department needs to appoint a Training Officer. The individual appointed to this role initially would be responsible for managing and designing weekly training, and helping the Fire Chief and Deputy Fire Chief to organize the external training and qualification reviews described below.
Page 1 of 10 Bi-Annual Fire Department Report December 14, 2020 Page 290 of 386
Training Officer A part time Training Officer was hired in July 2020. Colin Kerr was the successful applicant for the Training Officer position. Colin’s training includes graduating from the Justice Institute of British Columbia’s fire department pre-employment program in 2009, completing the NFPA 1001 level 2, the same level career firefighters are trained to, BC Ambulance Service Paramedic, and Emergency Scene Management, among other relevant training. The Training Officer is responsible for planning and implementing training in accordance with the Interior level of the British Columbia Fire Service Minimum Training Standards Structure Firefighters Competency and Training Playbook (Playbook).The Training Officer is also responsible for organizing external training instructors when required, and managing training records. It is beneficial to the department that the Training Officer has extensive training and experience in another volunteer Fire Hall (Lions Bay 2009-2012) and is also a current Fire Department member since 2015.
Deputy Fire Chief The Deputy Chief position has temporarily been increased to a full time position to provide additional support in implementing the Core Service Review recommendations. A request for an ongoing FTE increase has been submitted through the 2021 budget planning process. The Deputy Chief has completed the NFPA 1031 Fire Inspector I course. In conjunction with a District of North Vancouver Fire Inspector, the Deputy Chief has completed 61 inspections year-to-date. In November 2020, the Deputy Chief also completed an Emergency Scene Management course. The Deputy Chief is responsible for the FireSmart program, discussed in a subsequent section of this report.
Administrative Assistant A temporary Administrative Assistant was hired in July 2020. Merissa Bakos was the successful applicant for the Admin Assistant position. An FTE request to continue the Administrative Assistant position on a permanent full-time basis has been submitted as part of the 2021 budget process. Merissa’s training also includes NFPA 1001 Level 2 and Emergency Scene Management. Prior to joining BIFR Merissa was a wildland firefighter and worked on a FireSmart fuel treatment project in the Kootenays.
Training
Core Services Review Recommendation Category: Training
Recommendation: The Department should conduct a gap analysis of existing recorded training qualifications for each member. In consultation with the members, it will need to identify the most effective means of confirming members’ qualifications (i.e., through PLAs or additional training) where the existing records are insufficient. From that review, it should develop a plan for bridging the identified gaps, and obtain approval of same from BIM. It seems likely that external training providers will need to be retained to deliver the programs initially. However, as part of the training processes, the Department should undertake a “train-the-trainer” approach, and develop the necessary qualifications for its members to deliver most regular and maintenance training in-house.
Page 2 of 10 Bi-Annual Fire Department Report December 14, 2020 Page 291 of 386 Recent training includes: • Rope Rescue (7 firefighters – 14-hour course). • Live Fire Fighter Training Program (3 firefighters – two-day course), as required for the Exterior Firefighter Program through JIBC. • Emergency Scene Management (10 firefighters – 40-hour course), as required for Company Officers in Playbook. • Joint Health and Safety Committee Fundamentals (Chief and 4 firefighters – 8 hour course), required by WorkSafe BC. • Company Inspections (Acting Chief) • Fire Inspector 1 (Deputy Chief)
The BIFR firefighters are enrolled in the exterior and interior firefighter program through JIBC and currently working on completing the online components of the program and practicing skills. The skills evaluation for the interior program has been postponed due to COVID-19.
Some firefighters are currently re-certifying their first responder licenses which includes completing two online tests and a practical exam.
From March 17 to May 26 in-person training was suspended due to COVID-19. The department has been monitoring Provincial Health Orders and industry protocols with respect to COVID-19 and fire departments.
Month Training Hours January 132 February 108 March 74 April 0 May 76 June 218 July 128 August 116 September 296 October 200 November* 428 Total 1776 *Training hours are up to November 18.
Records Management System
Core Services Review Recommendation Category: Training
Recommendation: The Department needs to implement an appropriate records management system to record and manage all training activities for each member of the Department. The
Page 3 of 10 Bi-Annual Fire Department Report December 14, 2020 Page 292 of 386 Department will likely require some short-term assistance to set up such system, and to gather and input existing records into the RMS.
Recommendation: The Department should continue to work with the members to gather details of all externally-granted training certifications and qualifications (i.e., from third-party training entities).
. Firehall.net is the records management system used by the department. It is used to record in house and external training, responses to emergencies and calls for public assistance, and to log equipment use where required by law. The department has been working to update the system with all firefighter training records.
Occupational Health and Safety Committee
Core Services Review Recommendation Category: Occupational Health and Safety
Recommendation: The Department needs to operate a separate joint committee as required by s. 31.3 of Part 31 of the OH&S Regulation. This joint committee must include both worker and employer representatives. In relation to the operation of this committee, BIM, in consultation with the Department and members, should determine: • whether the individuals who participate on the committees should be remunerated for the time they will be required to commit – perhaps with a separate monthly stipend, plus an hourly rate in the event that the joint committee has to undertake an accident investigation or similar enquiry; • where training is required for committee members, BIM should consider setting a compensation rate for members and officers who are required to take this training. • where possible, the regular monthly meetings of the joint committee could be timed to occur at the end of the one of the regular practice nights.
Recommendation: BIM should make application to WorkSafe BC for permission to operate a single joint committee covering both Hall 1 and Hall 2.
In May, BIFR established a Joint Health and Safety Committee. This committee meets monthly and when required due to new COVID updates or Provincial Health Orders. This committee consists of one employer representative, Acting Chief Aaron Hanen, and three volunteer firefighters. As mentioned in the training section above, all four firefighters have completed the required Fundamentals of Joint Health and Safety Committees course. The JHSC members are compensated for attending training and the monthly meetings, as outlined in the Committees Terms of Reference. WorkSafe BC confirmed there is no requirement for a separate Committee for each fire hall.
Inspections
Core Services Review Recommendation Category: Regulatory Matters
Page 4 of 10 Bi-Annual Fire Department Report December 14, 2020 Page 293 of 386 Recommendation: BIM needs to develop and implement a fire inspection program in accordance with the requirements of the Fire Services Act. We recommend that, for an interim period while the Department is dealing with the training and other operational and administrative matters identified in this report, the Municipality retain the services of a third party to conduct such inspections. We would recommend that, as this third party conducts inspections, it works with the Department to: (a) undertake risk analyses to inform the future inspection program under the Fire Safety Act; and (b) review and update the Department’s existing body of pre-incident plans
Core Services Review Recommendation Category: Public Education
Recommendation: BIM should consider the creation of a part or full-time fire prevention officer position to address the need to develop and implement a fire inspection system, to conduct fire investigations and carry out the related fire reporting to the OFC, and to address the issues identified in the 2007 Community Wildfire Protection Plan.
As mentioned above, the Deputy Chief has completed the NFPA 1031 Fire Inspector I course. In conjunction with a District of North Vancouver Fire Inspector, the Deputy Chief has completed 61 inspections year-to-date. Under section 26(1) of the Fire Services Act there is a requirement for Municipalities to conduct inspections of all hotels and public buildings. As licenses are now required for short term rentals, they are classified as public buildings and are required to be inspected. A budget request was included as part of the 2021 budget planning process to have a third party undertake a risk analyses to inform the future inspection program under the Fire Safety Act and to update the Department’s existing body of pre-incident plans.
New Fire Hall and Emergency Operations Centre (EOC)
Acting Chief Hanen and Deputy Chief Thompson are actively working with the Corporate Officer, Emergency Program Coordinator and Liberty Contract Management to design a new fire hall and EOC building. Council approved moving forward with a Design-Build contract with Liberty Contract Management at its October 13, 2020 Council meeting.
Budget
Core Services Review Recommendation Category: Capital Budget
Recommendation: The Department and BIM staff review the anticipated costs for the replacement vehicles and develop budgets reflecting the outcome of such review.
The Acting Fire Chief submitted a budget as part of the 2021 and five year budget planning process. Included in those budgets are requests for three replacement apparatus. Additionally, the department sent the Chief Financial Officer a list of all department apparatus and vehicles, their age, replacement year if known, and estimated replacement cost if known for future budget planning.
Community Events
Page 5 of 10 Bi-Annual Fire Department Report December 14, 2020 Page 294 of 386
BIFR hosted a fire extinguisher inspection and first aid kit sales day on August 29. On this day 131 fire extinguishers were inspected, 52 fire extinguishers and 20 first aid kits were purchased. Firefighters and their children participated in the Bowfest parade with four apparatus. Fire hall #1 was decorated for Halloween. Firefighters and their children carved pumpkins that were lit up on Halloween. Acting Chief Hanen and Deputy Chief Thompson participated in the Remembrance Day ceremony that was recorded and available online.
FireSmart
Core Services Review Recommendation Category: Public Education
Recommendation: BIM should consider the creation of a part or full-time fire prevention officer position to address the need to develop and implement a fire inspection system, to conduct fire investigations and carry out the related fire reporting to the OFC, and to address the issues identified in the 2007 Community Wildfire Protection Plan [CWPP].
The Emergency Program Coordinator was successful in applying for $25,000 in grant funding through the Community Resiliency Investment (CRI) program for FireSmart education and activities in 2020. This grant has been extended until September 2021 to allow for grant activities to happen that were postponed due to COVID-19. The fire department has now taken over management and administration of the program. In 2020, Deputy Chief conducted 36 FireSmart Home Assessments. Recommendation 9 from the Community Wildfire Protection Plan (CWPP) was: “It is recommended that the Municipality conduct detailed FireSmart assessments in moderate to high fire risk areas of the community to further communicate and promote fire risk reduction on private property.”
BIFR has applied for $50,000 in grant funding through the 2021 CRI program. A portion of the funding is allocated for updating the 2007 CWPP. A portion of the funding is to continue with the FireSmart Home Assessment program.
The Administrative Assistant worked with BC Wildfire to have areas around the communications towers on Mount Gardner and Radar Hill considered for their 2021/22 Crown Land Wildfire Reduction Program. BIFR will find out if the application was successful in spring 2021. Recommendation 11 from the CWPP was: “The Municipality should consider working with the owners and operators of the various communications infrastructure located on the island to make those sites FireSmart.”
Year-to-Date Calls
BIFR has responded to 137 calls from January 1, 2020 to November 18, 2020. On March 25, 2020, the Provincial Health Officer directed fire departments to stop responding to all but the most serious level of medical calls. On September 15, 2020, the Provincial Health Officer directed rural departments to start responding to all levels of calls. The Fire Chief’s Association of British Columbia has hosted meetings, that the Acting Fire Chief has attended remotely, featuring a
Page 6 of 10 Bi-Annual Fire Department Report December 14, 2020 Page 295 of 386 Vancouver-based Doctor so that fire departments have up-to-date information about best practices when attending medical calls.
Month Call Hours Number of Calls January 96 12 February 98 13 March 112 14 April 52 6 May 71 6 June 58 7 July 94 13 August 198 19 September 78 19 October 136 20 November* 153 8 Total 1150 137 *Calls and call hours are up to November 18.
Type Number of Calls ALARMS - NON-RESIDENTIAL 1 ALLERGY/ENVENOMATIONS 2 ASSIST 3 ASSIST - DUTY CHIEF 1 BREATHING PROBLEMS 6 BRUSH FIRE 3 BURNING COMPLAINT 4 BURNING COMPLAINT - CHIEF 7 CHEST PAIN 5 COLLAPSE 1 COMMERCIAL ALARMS 5 COMMERCIAL STRUCTURE FIRE 1 ELECTRICAL 2 FAINTING 5 FALL 5 HEART PROBLEMS 4 HIGH ANGLE RESCUE 1 HYDRO POLE FIRE 3 INVESTIGATION 1 INVESTIGATION - DUTY CHIEF 2 LARGE ANIMAL RESCUE 1 LIFT ASSIST 11 LOST HIKER - DUTY CHIEF 1 MESA-C 1 MESA-D 3
Page 7 of 10 Bi-Annual Fire Department Report December 14, 2020 Page 296 of 386 MISCELLANEOUS 4 MISCELLANEOUS FIRE 5 MVA 3 MVA - RESCUE REQUIRED 1 PREGNANCY 1 PUBLIC ASSIST - DUTY CHIEF 1 RCMP ASSIST 2 RESIDENTIAL ALARMS 12 RESIDENTIAL STRUCTURE FIRE 2 SHORTNESS OF BREATH 1 SINKING BOAT - DUTY CHIEF 1 STROKE 3 TRAFFIC INCIDENT 1 TRAFFIC INCIDENT - HIGH MECHANISM 1 TRAFFIC INCIDENT - HIGH VELOCITY 1 IMPACT TRAFFIC INCIDENT-PINNED (TRAPPED) 1 TRAFFIC INJURY ACCIDENT 1 UNKNOWN PROBLEM 1 VEHICLE FIRE - CAR/TRK/MC/LNMW 1 WIRES DOWN 14 WIRES DOWN - DUTY CHIEF 1 TOTAL 137
Fire Investigations
Core Services Review Recommendation Category: Public Education
Recommendation: BIM should consider the creation of a part or full-time fire prevention officer position to address the need to develop and implement a fire inspection system, to conduct fire investigations and carry out the related fire reporting to the OFC [Office of the Fire Commissioner], and to address the issues identified in the 2007 Community Wildfire Protection Plan.
There have been two structure fires that have required investigation and a report to the OFC. Under section 9(1) of the Fire Services Act, a local assistant to the fire commissioner must, within 3 days after the fire, investigate or have investigated in a general way the cause, origin and circumstances of each fire. Both the Acting Chief and the Deputy Chief are local assistants to the Fire Commissioner. In addition, the Deputy Chief has completed an NFPA 1033 Fire Investigation Course.
Burning Permits
BIFR staff worked with Municipal staff to move the burning permit process online ahead of the October 15 start of burning season. The change in process was motivated by the desire to decrease the number of people entering Municipal Hall.
Page 8 of 10 Bi-Annual Fire Department Report December 14, 2020 Page 297 of 386 Truck Committee
Core Services Review Recommendation Category: Capital Budget
Recommendation: The Department should review the current requirements for new apparatus based on the service delivery plan and develop specifications that can be used in the drafting of a Request for Proposal.
BIFR formed a truck committee comprised of 6 firefighters, Acting Chief Hanen, Deputy Chief Thompson and Training Officer Kerr. The purpose of this committee is to determine the specifications of the replacements for Engine 31 and Engine 32. Engine 31 was due for replacement in 2020 and needs to be replaced as soon as possible. A request was submitted for this engine as part of the 2021 budget process. The department is waiting until the budget is approved prior to taking the next steps towards this purchase. Engine 32 is 43 years old and is the only four-wheel drive apparatus. It is an important apparatus as it allows the department to access driveways and roads that are otherwise inaccessible by the other engines. A request was submitted for this engine as part of the 2021 budget process.
Mutual Aid
Core Services Review Recommendation Category: Regulatory Matters
Recommendation: BIM and the Department should explore the possibilities of formalizing arrangements with other Metro Vancouver municipalities and fire departments relating to the provision of aid in the event of a major emergency on the Island.
BIM entered into a Mutual Aid agreement with the District of West Vancouver during the early stages of the COVID-19 pandemic, that allows both departments to share resources as needed. Additionally, the District of North Vancouver brought their wildland trailer to Bowen Island to share equipment and personnel, if required. BIFR can utilize this resource by making a request to the Office of the Fire Commissioner. The departments have also been in discussion regarding shared training opportunities, potentially Spring 2021.
Volunteer Health Benefits
The health benefits contract for the volunteers was re-negotiated resulting in a projected cost savings of $18,000 per year.
New and Replacement Equipment
Previously, BIFR’s turnout gear was sent off-island to be washed. The department purchased a turn out gear washing machine and dryer to allow turn out gear to be washed at the fire hall, resulting in significant cost savings for the department. Smoke contains harmful substances and carcinogens that cause cancer and as such turn out gear is required to be washed after every fire. Turn out gear will still be required to be sent off-site annually to be inspected. The department purchased a fill
Page 9 of 10 Bi-Annual Fire Department Report December 14, 2020 Page 298 of 386 station for the self-contained breathing apparatus (SCBA) cylinders. The fill station means that cylinders will be able to be filled safely and in-house. The department purchased new rope rescue equipment to replace existing equipment that was at end of life. The fire department also ordered new rescue air bags. The air bags are used for lifting vehicles and have a lifespan of eighteen years, after which they need to be replaced.
Long Service Awards
The department applied for long service awards for firefighters that have completed at least 20 years of service as a firefighter. The Acting Chief and a Captain will be receiving 25-year medals from the Provincial government. The Assistant Chief will be receiving a 20-year medal from the Federal government. A Captain and a Safety Officer will be receiving a 30-year bar from the Federal government. A firefighter will be receiving a 40 -year bar from the Federal government.
Testing and Safety Inspections
Following testing and inspections conducted: • WorkSafe BC required fit testing for SCBA masks; • Safety inspections at both Fire Halls; and • WorkSafe BC required hearing tests for all fire fighters.
FINANCIAL CONSIDERATIONS There are no financial implications associated with this report outside of the items being requested through the 2021 and Five-Year Financial Planning process.
ALTERNATIVES This is an information report. No alternatives are presented.
ATTACHMENTS AND REFERENCES: Attachment 1- 2020 Core Services Review
Submitted by: Aaron Hanen, Acting Fire Chief and Merissa Bakos, Administrative Assistant
REVIEWED BY:
CAO/CO ☒
Page 10 of 10 Bi-Annual Fire Department Report December 14, 2020 Page 299 of 386 Fire Department Biannual Report
Page 300 of 386 Aaron Hanen, Fire Chief Merissa Bakos, Administrative Assistant This report is a summary of Bowen Island Fire Rescue activities for the period of May to November 2020.
Council resolution #20-271(4) directed staff to provide a biannual update of the progress of implementing the recommendations contained in the Core Services Review Report published in April 2020. Page 301 of 386 A part time training officer was hired in July. The training officer has completed NPFA 1001 level 2, which is the standard training for career firefighters. He worked for BC Ambulance on Bowen Island and was previously a firefighter with Lions Bay Fire Rescue. He recently completed an Emergency Scene Management course. The Deputy Chief is responsible for fire inspections of all public buildings Staffing and hotels. The Deputy Chief recently completed a Fire Inspector course. He also completed the Emergency Scene Management course. He is responsible for the FireSmart program. An Administrative Assistant was hired on a temporary basis. The Administrative Assistant has also completed NFPA 1001 level 2 and the
Page 302 of 386 Emergency Scene Management course. Training Page 303 of 386 Records Management System Firehall.net is used to record in house and external training, responses to emergencies and calls for public assistance, and to log equipment inspection and use Page 304 of 386 where required by law. In May, BIFR established a Joint Health and Safety Occupational Committee comprised of myself and 3 volunteer Health and firefighters. Safety All 4 committee members have completed the required 8 hour Fundamentals of Joint Health and Safety Committee Committee course. Page 305 of 386 Section 26(1) of the Fire Services Act A municipal council must provide for a regular system of inspection of hotels and public buildings in the municipality. To date, the Deputy Chief has completed 71 Inspections Inspections Page 306 of 386 Fire Hall and Emergency Operations Centre Page 307 of 386 BIFR hosted a fire extinguisher inspection and first aid kit sales day on August 29. On this day 131 fire extinguishers were inspected, 52 fire extinguishers and 20 first aid kits were purchased. BIFR volunteers and their families carved pumpkins to decorate the firehall. The Deputy Chief and myself were in the Remembrance Day video. Community Events Page 308 of 386 The Deputy Chief completed 36 FireSmart home FireSmart assessments. BIFR has applied for $50,000 in FireSmart grant funding through the 2021 Community Resiliency Investment program. The Administrative Assistant worked with BC Wildfire to Page 309 of 386 have areas around the communications towers on Mount Gardner and Radar Hill considered for their 2021/22 Crown Land Wildfire Reduction Program. Year-to-Date Calls Page 310 of 386 There have been 2 structure fires that have required investigation and a report to the Office of Fire Commissioner. Both the Deputy Chief and myself are Local Assistants to the Fire Commissioner and can complete the Fire investigations. Investigations Investigations must be completed within 3 days. Page 311 of 386 BIFR staff worked with Municipal staff to move the burning permit process online. The change in process was motivated by the desire to decrease the number of people entering Municipal Hall. Burning Permits Page 312 of 386 BIFR formed a truck committee comprised of 6 volunteer firefighters, the Deputy Chief, the Training Officer and myself. The purpose of the committee is to determine the specifications of the replacements for Engine 31 (left) and Engine 32 (right). Engine 31 was built in 1989 and was due for replacement in 2020. Truck The department is waiting for the budget to be approved prior to taking the next steps towards the purchase of replacement Committee apparatus. Page 313 of 386 The District of North Vancouver brought their wildland trailer to Bowen Island to share the resources they have available. The departments have been in discussion about training opportunities, potentially in spring 2021. Mutual Aid Page 314 of 386 Turn out gear washing machine and dryer New and Fill station for SCBA cylinders Replacement Rope rescue equipment Equipment Rescue air bags Page 315 of 386 Long Service 1 firefighter will be receiving a 40 year bar from the Federal Awards government. A Captain and a Safety Officer will be receiving a 30 year bar from the Federal government. The Assistant Chief will be receiving a 20 year medal from the Federal government. Page 316 of 386 A Captain and myself will be receiving 25 year medals from the Provincial government. The following testing and inspections have been conducted: Fit testing for SCBA masks Hearing tests Safety inspections for both fire halls Testing and Safety Inspections Page 317 of 386 Thank you to all the volunteers Page 318 of 386
To: Mayor Ander and Council
From: Jennifer McGowan, Emergency Program Coordinator
Date: December 6,2020 Meeting Date: December 14, 2020
Subject: SARS-CoV-2 Diagnostic Screening on Bowen Island
RECOMMENDATION That Council receive the SARS-CoV-2 Diagnostic Screening on Bowen Island report, presented at its December 14, 2020 Regular Council meeting, for information.
PURPOSE To provide Council with an update regarding SARS-CoV-2 diagnostic screening on Bowen Island.
BACKGROUND At its meeting on Monday, November 9th, Council directed staff to work with Dr. Susanne Schloegl to establish what supports are required to establish on-island COVID testing and to provide assistance in writing a grant application to the Resiliency Fund and/or other COVID-related funding programs administered by the Bowen Island Community Foundation and the Health Centre Foundation.
The Emergency Program Coordinator has been working with stakeholders to determine barriers to offering screening on-island as well as potential solutions. Stakeholders include physicians Dr. Susanne Schloegl and Dr. Launette Reib, as well as staff in a variety of positions at Vancouver Coastal Health (VCH), British Columbia Emergency Health Services (BCEHS), and the North Shore Divisions of Family Practice. Additionally, local volunteers have been active in gathering information from non-profits, the nursing union, and local potential funders and site providers. Local organizations that may be able to offer various forms of support include the Bowen Island Health Centre Foundation, the Bowen Island Community Foundation, the Bowen Island Legion, Caring Circle, and others.
Screening Currently, BC is conducting SARS-CoV-2 diagnostic screening outside of the hospital setting utilizing Nasopharyngeal Swabs, Saline Gargle and Self-Collected Specimens (the latter option is currently not available in this region). Health professionals qualified to perform this screening are limited, changing regularly, and vary depending on the level of direct supervision being provided on-site. Specimens are considered dangerous goods and must be transported in accordance with Transport Canada requirements by a registered carrier.
Page 1 of 3 SARS-CoV-2 Diagnostic Screening on Bowen Island December 14, 2020 Page 319 of 386 SUPPORTS REQUIRED Local physicians are unable to offer screening in their office, and thus in-home screening or screening at a designated site is required. One of the primary issues with establishing a designated screening site is that no entity is currently able and willing to run it: Vancouver Coastal Health has indicated that they have no plans to operate a SARS-CoV-2 diagnostic screening site on Bowen Island.
More recently, BCEHS has emerged as a potential partner in ensuring local access to on-island screening. As per the November 16th, 2020 Order of the Provincial Health Officer British Columbia Emergency Health Services CARS-CoV-2-Swabbing, Community Paramedics are now authorized to conduct screening using NP Swabs, and the training and competency assessments required to enable this could take place as soon as this month. This development has led to new conversations between stakeholders to assess how these organizations might work together to offer screening on Bowen Island. It is not yet clear what support might be required from the Municipality to facilitate this screening, if any.
The Future of Screening The situation is rapidly evolving: It is possible that on-island SARS-CoV-2 diagnostic screening could be possible in future through means that have not yet been identified, for example, via the potential future inclusion of Pharmacists as health care professionals qualified to screen, or the expansion of the self-collected specimen program.
FINANCIAL/ RESOURCE/MAINTENANCE CONSIDERATIONS Set up and operating costs of establishing a SARS-CoV-2 diagnostic screening on-island are not known at this time. Costs could include those associated with coordination and maintenance of operations, supplies and equipment, on-site staff, insurance, personal protective equipment, test kits, transportation of samples, supplies and equipment, cleaning, etc. Set up and operation of an in-home screening program could include costs associated with coordination of appointments and transportation of samples to the mainland.
It is anticipated that many of the associated costs could be covered by other organizations (Divisions of Family Practice, VCH), donated, or can be supported through grant funding (potential sources include the Bowen island Health Centre Foundation Emergency Community Support Fund and/ or Bowen Island Community Foundation Community Resiliency Fund).
COMMUNICATION TO THE PUBLIC Any decisions of Council will be recorded in the minutes and Council Highlights and distributed through all regular communications channels.
ECOLOGICAL/ENVIRONMENTAL/CLIMATE CONSIDERATIONS No direct ecological/climate impacts are expected.
CONCLUSION
Page 2 of 3 SARS-CoV-2 Diagnostic Screening on Bowen Island December 14, 2020 Page 320 of 386 The situation continues to evolve: work to date has indicated that establishing on-island SARS-CoV- 2 diagnostic screening may be possible. Staff remain actively involved in trying to advocate, facilitate, coordinate and support on-island screening.
ALTERNATIVES This report is for information only: no alternatives are presented.
ATTACHMENTS AND REFERENCES: None.
Submitted by: Jennifer McGowan, Emergency Program Coordinator
REVIEWED BY:
CAO/CO ☒ Communications ☒ Finance ☐
Page 3 of 3 SARS-CoV-2 Diagnostic Screening on Bowen Island December 14, 2020 Page 321 of 386
To: Mayor Ander and Council
From: Gillian Drake, Manager of Recreation and Community Services
Date: December 3, 2020 Meeting Date: December 14, 2020
Subject: BIM-Hearth Community Centre Project Memorandum of Understanding
RECOMMENDATION
That Council authorize staff to execute the Project Memorandum of Understanding between Bowen Island Municipality and the Bowen Island Arts Council for the development, management and use of the Bowen Island Community Centre, as included staff report from the Manager of Recreation and Community Services, dated December 3, 2020.
PURPOSE The purpose of this report is to obtain Council’s approval of this amended agreement and to inform Council of BIM and the Hearth’s continued joint intentions regarding the development, management, and operation of the Bowen Island Community Centre.
The Bowen Island Community Centre Select Steering Committee and the Board of the Bowen Island Arts Council (the Hearth) fully endorse the attached agreement.
BACKGROUND Bowen Island Municipality and the Bowen Island Arts Council (BIAC or the Hearth) have had a service agreement since 1999 regarding the delivery of arts and culture recreational programming. BIAC and Community Recreation collaborate to ensure the needs of the community for recreational programming are met. With the prospect of the Bowen Island Community Centre, owned by BIM, the Hearth will be a key stakeholder in the management and operation of the facility. A MOU that reflected the vision for the project, the roles of both BIM and BIAC in the project planning and facility design and outlined assumptions and intentions of the future management and operation of the Bowen Island Community Centre was signed on May 14, 2018.
In Summer 2020, both parties wished to update the 2018 MOU to include additional governance and programming information. During October 2020, members of the Community Centre Steering Committee and the Hearth Board edited the Memorandum of Understanding.
A Joint Management Committee will be struck to determine and implement management policies and procedures for the multi use spaces of the facility with representation from BIM, the Hearth, and the community.
Page 1 of 2 BIM – BIAC MoU December 14, 2020 Regular Council Meeting Page 322 of 386
FINANCIAL/ RESOURCE/MAINTENANCE CONSIDERATIONS There are no financial implications.
COMMUNICATION TO THE PUBLIC Notice of Council decision will be included in the Council Highlights and in the minutes of the meeting.
ECOLOGICAL/ENVIRONMENTAL/CLIMATE CONSIDERATIONS No ecological/climate impacts are expected.
CONCLUSION Through execution of the project MOU, BIM and the Hearth confirm their continued commitment to collaborate on the proposed Bowen Island Community Centre project development as well as the future management and operation of the facility.
ALTERNATIVES The following alternatives have been identified: 1. That Council direct staff to continue to operate under the May 2018 Memorandum of Understanding 2. That Council direct staff to further negotiate the MOU
ATTACHMENTS: 1. Amended BIM and BIAC MOU for development, management, and operation of the BICC project.
Submitted by: Gillian Drake, Manager of Recreation and Community Services
REVIEWED BY:
CAO ☒ Recreation & Community Services ☒
Page 2 of 2 BIM – BIAC MoU December 14, 2020 Regular Council Meeting Page 323 of 386
Project Memorandum of Understanding
for the development, management and use of the Bowen Island Community Centre
THIS AGREEMENT as amended this day of 2020
BETWEEN:
BOWEN ISLAND MUNICIPALITY 981 Artisan Lane Bowen Island, BC V0N 1G2
(BIM)
AND:
BOWEN ISLAND ARTS COUNCIL PO Box 211 Bowen Island, BC V0N 1G0
(the Hearth)
WHEREAS, BIM and the Hearth have successfully collaborated on building design, community engagement, and fundraising initiatives to move this project forward, they now require an updated agreement regarding their continued commitment to work together; and
WHEREAS, the Bowen Island Municipality and the Bowen Island Arts Council entered into a Memorandum of Understanding (MOU) for the development, management and operations of the Bowen Island Community Centre on May 14, 2018, the parties now wish to recognize and add clarity to their ongoing relationship for the management and use of the Bowen Island Community Center, and they have agreed to amend the May 14, 2018 MOU.
NOW THEREFORE, this amended MOU stipulates as follows:
The Bowen Island Municipality (BIM) and the Bowen Island Arts Council (the Hearth), by signing this Memorandum of Understanding (MOU), affirm their mutual understanding and agree to participate in a new working arrangement for the development, management, and use of the proposed Bowen Island Community Centre (BICC).
Page 1 of 6 Page 324 of 386 We support the following understanding and express our desire to implement it.
A. Vision
Our vision for the Bowen Island Community Centre (BICC) is an economically, socially and environmentally sustainable facility that is truly of, for, and by the community. It is the heart of the community, a place where islanders can gather, share and participate in activities and events that build and celebrate a healthy and resilient community. It is designed to stand out as a landmark for local activity and connection. Featured are arts, cultural and recreational components, knit together by the community “living room” space. Municipal offices provide support for the community centre and form a backdrop role in the building design.
BICC will invigorate our community, through exploration of and participation in cultural and recreational activities. It will help us stretch our understanding and perceptions of who we are as a community and how we can work, play and live together on our island. It will help us realize our community brand promise: “We are better for being here.”
B. Background
Planning for this civic building is the culmination of decades of work by community members. Since its inception in 1988, the Hearth has been a leader in articulating and advocating for a community hall and multi-purpose arts performance space. The BIM has spearheaded efforts to realize a community centre, striking a number of task forces and committees over a period of many years. The efforts of these groups resulted in several Municipal Council Resolutions and laid the groundwork for the current project. The design and functional program of the Community Centre builds on this rich foundation of studies and seeks to also align the project with the goals of other concurrent island initiatives. Both the Community Recreation Plan and Cultural Master Plan identify the community centre as a top priority for the community.
BIM Council has identified the Community Centre Project as a Strategic Priority in the Island Plan since 2015, Strategic Pillar C – Vibrant Community, Priority 1 states “Continue working towards building the Community Centre and new Municipal Offices”. Further support is stated in the Community Recreation Plan adopted in 2017. Recommendation 1 states “Support the development of a Community Centre in response to the community’s expressed desire to have one common place to gather where a variety of programs can be offered for all ages”. The Cultural Master Plan Strategic Priority 1, Recommendation 2 states “Build a Multi-Purpose Community Hall and Performing Arts Space — Work with the Municipality through the current process in development of the community lands, to collaborate towards the planning and construction of a community hall and performing arts space that could accommodate, at the minimum, cultural space requirements as previously identified by work completed to date”.
C. Project Planning & Coordination
BIM and the Hearth will identify and contribute expertise and input during the planning, design, construction and fundraising phases as members of the Bowen Island Community Centre Select Standing Committee, struck by BIM Council in 2016. BIM and the Hearth commit to continuing to work together for the ongoing management and use of the Bowen Island Community Centre.
Page 2 of 6 Page 325 of 386 D. Ownership & Governance
BIM will own the property and the facility, including any site improvements and/or any phased components. As owner, BIM is responsible for ensuring that the appropriate policies and procedures are in place for managing the whole facility.
E. Management
1. BIM will wholly manage those components of the building, such as Municipal Offices, which are designed for the exclusive use of conducting municipal business.
2. BIM will appoint a Joint Management Committee (JMC), whose role will include the development of policies and procedures, such as the priority of use, facility allocation, time allotments, rental polices and fee structures.
3. a) The membership of the JMC will be: • one member of BIM Council • one Bowen Island Community Recreation (BICR) staff member • one member recommended by BICR • one Hearth staff member • one member recommended by the Hearth • two members of the community at large.
b) All policies and procedures will be recommended to, reviewed and approved by Council.
c) The Community Center Select Steering Committee with input from BICR and the Hearth will develop the Terms of Reference for the JMC for approval by Council.
F. Facility Use
Guiding Principles for the use and programming of those spaces labelled as Recreation, Arts & Community in Appendix A.
1. BIM and the Hearth will work collaboratively to ensure delivery of an array of arts, cultural and recreational programming.
2. BICR and the Hearth will share a role in programming multi-use spaces.
3. Maximizing community use will be a primary consideration when programming spaces.
4. It is understood that the large multi-purpose room, also known as the Performing Arts and Community space, will be heavily used by the Hearth, BICR and the Community for a variety of functions. We appreciate that programming space for presentations and performance is fundamentally different than other programming and thus programming of the large multi- purpose room will be guided by an understanding that priority is to be given to arts and cultural events and programs.
5. Scheduling will occur bi-annually to coincide with BICR’s development of programs. The Hearth, as a principal user, will work with BICR to ensure that the Hearth programming needs are met
Page 3 of 6 Page 326 of 386 during this overall scheduling of the facility. The Hearth may also coordinate rental dates for other performing arts organizations in the community who will then enter into rental agreements with BIM directly.
6. BICR and the Hearth programming will take priority over rentals of the space.
7. Both organizations place a high value on volunteerism. Community volunteers will continue to be part of many of the services provided within the facility for both economic sustainability and to retain a sense of community ownership within the facility.
G. Summary of Roles
BIM will own the site and the facility and be responsible for the fiscal management and operations. It may lease some exclusive or non-exclusive spaces and enter into operating/rental agreements as recommended by the JMC. These operating/rental agreements may take different forms. The purpose of such operating agreements will be to deliver on the vision and intentions expressed in this document.
BIM will:
1. Be responsible for the operations and maintenance of the facility; 2. Collect revenues associated with the use of the spaces (including sublease fees); 3. Maintain the facility and its functional capacity to deliver services to the community; 4. Effect any required repairs associated with its operation; 5. Retain staff expertise and resource as required. 6. Be responsible for long-term lifecycle maintenance and property insurance.
BICR will:
1. Provide a wide variety of community recreation programming in the multi-use spaces for all ages and interests; 2. Program and schedule all multi use spaces to maximum capacity to ensure the facility is well used; 3. Maintain community bookings of spaces.
The Hearth, as identified in the Cultural Master Plan, is the advisory body to BIM in the development and delivery of cultural services for the Island. In that capacity the organization will help shape, inform, and influence governance and programming of the Community Centre. The Hearth may enter into a rental agreement with BIM for facility use to carry out its programs, and coordination of cultural programs for the community.
Page 4 of 6 Page 327 of 386
H. Municipality’s Discretion and Legal Nature of this Instrument
1. For certainty, nothing herein fetters, limits or restricts BIM’s legislative discretion regarding any approval of the BICC or expenditure of public funds.
2. (a) The Hearth specifically agrees that this MOU is not intended to form a binding legal agreement to proceed with the BICC, but rather is intended to set out the intentions of the parties regarding working together on development, and if the BICC proceeds, the management and use of the BICC. For certainty, it is acknowledged and agreed that BIM Council retains legislative discretion and responsibility for any and all financial commitments, to be authorized under its annual financial plan and any references herein to agreements are subject to approval by BIM’s Council, including, where applicable, any need to advertise or comply with any and all other applicable legislative requirements related to such agreements.
(b) Nothing herein is intended to authorize the Hearth to act as the agent or representative of BIM and it shall not attempt to bind BIM in any way or represent that it has authority to bind BIM.
Signed on Signed on
On behalf of the Bowen Island Arts Council On behalf of the Bowen Island Municipality
Page 5 of 6 Page 328 of 386 APPENDIX A:
Page 6 of 6 Page 329 of 386 Sophie Idsinga
From: John Dumbrille Sent: Thursday, November 12, 2020 5:00 PM To: BIMBC - Mayor And Council Subject: Suggestion regarding covid funds
Follow Up Flag: Follow up Flag Status: Flagged
Hey folks looks like we have a 1.3 million dollar target on us ‐ a community of entitled middle class white people getting disproportionate funding ‐ which I believe will only come back to bite us. It’s easy to see that transit may need covid relief here; and the poor too ‐ fair enough. Beyond that who hasnt been economically affected? I’d like to suggest we give a big chunk to hard hit communities in Vancouver. What’s the best way to raise that idea? Many thanks John ‐‐ John Dumbrille
1 Page 330 of 386 Sophie Idsinga
From: Adam Taylor Sent: Wednesday, November 18, 2020 1:56 PM To: BIMBC - Mayor And Council Subject: Covid-19 Safe Start Grant
Follow Up Flag: Follow up Flag Status: Flagged
Hello Mayor & Council,
While there are many worthwhile causes which would benefit from the funds received in the grant I would like to propose something a little different for some of the funds. Not sure if the proposed expense would be eligible, if it's not then I strongly recommend Council consider other sources of funding.
For ease of reading this email I will number the specific requests.
Housing has long been an issue on‐island, particularly for seniors and families wanting to support one another through multiple generations. Covid has shown the importance of family and neighbourly support, lack of housing options for seniors, and others makes it difficult to support each other in these trying times.
This is a complex issue, and will not be solved overnight but there will be upcoming opportunities for infrastructure grants which are a common government tool during economic slowdowns. I bring this to Council's attention as these types of grants often require shovel‐ready projects, or ones already in planning.
1) Council direct staff to identify priority areas which could benefit from future Infrastructure Grants and retain an Engineering firm to conduct Class D or better yet Class C estimates in preparation of future Grant announcements.
I am not suggesting spending money on full design, this is likely not possible without significant time and input. I am suggesting high‐level estimates on a neighbourhood scale to determine which Infrastructure projects would support the local development, and non‐market housing needs.
For example if Snug Cove Sewer requires upgrades determine what those upgrades are, and estimated costs. Both from a sewage treatment perspective, but also from a capacity and neighbourhood expansion perspective.
If expanded treatment capacity will be costly for existing users, but there are opportunities to increase the number of properties on the system then costs can be shared across many properties as they come online.
Explore the potential neighbourhoods which could be serviced, including the Municipal owned "Community Lands" and create conceptual servicing plans and budgets. Same goes for future expansion of Snug Cove Sewer to the Deep Bay neighbourhood, along with potential water system upgrades as required.
As many of you know my day job is managing Infrastructure and Land Development projects. I would be happy to work with your Public Works team to draft RFP for Engineering Services.
On a similar note there has been an increase in outdoor recreation, and there is a possible connection between water quality at Mannion Bay beaches and land‐based sewage systems.
1 Page 331 of 386 2) Council direct staff to develop a water sampling program to test for the presence of caffeine in the waters of the Lagoon and Mannion Bay.
This would help indicate if nearby septic fields are failing, and contributing towards the water quality issues experienced most summers.
Great steps have been taken in Mannion Bay to remove problem vessels and there is interest in restoration and recreation type projects for the bay. Narrowing down the potential source(s) of high coliform counts will help inform planning initiatives and allow for a more holistic approach.
There is no sense advocating for habitat and recreational improvements to the area if we ignore ongoing water quality issues.
Regards,
Adam Taylor
2 Page 332 of 386 Sophie Idsinga
From: David Hill Sent: Friday, November 20, 2020 4:19 PM To: BIMBC - Mayor And Council Subject: Property and water taxes
Follow Up Flag: Follow up Flag Status: Flagged
Dear Mayor and Council,
When I retired to Bowen Island in 1992 my water tax bill was $200. In the succeeding 28 years the cost has risen to $800, a 400% increase. Over the same period, the Consumer Price Index ( CPI) has risen by only 161%. Thus, at best, the water rate increase is more than twice the rise in the official cost of living (2.48 times to be exact).
There seems very little justification for such an excessive increase in the water rate, except perhaps to argue that a big chunk of the proceeds have recently had to be allocated to a capital fund, which was then raided to pay half the cost for road repairs when the road slid and broke the water main from the waterworks. The budget for the road repairs should really have paid for the remediation of the water main, not the other way round, since the water main would have remained intact if the road had not slid. Then additional moneys from the Bluewater water system reserves ($75,000 I understand) were wasted on non‐productive water wells, apparently sunk where it was convenient to have wells, rather than being sunk where there was known to be water.
At the same time the property tax on my home, calculated for: (1) a home‐owner; and (2) an owner over 65; has risen from $698.41 to $2,821.09, an increase of slightly over 400% (again, remember that the CPI increase over the same period was only 161%).
Thus this year I have had to pay out $3,621.09 total municipal tax, out of after income tax income, compared to the $898.41 I was billed in 1992 — an excess of $2,722.68 compared to 1992.
For someone on an effectively fixed income, coping with the usual increases in health and other costs due to age, this is a hardship. It has been particularly galling to see Bluewater water system reserve money spent with such gay abandon on questionable projects, or projects that should fall 100% into the road repair budget. These are not the only concerns regarding the water system, when compared to the other better endowed water districts, as well as the loss of our water to King Edward Bay, due to the differing elevations of the storage facilities. Also, how come we cannot use our reservoir because it is open, whereas other water systems continue to use open reservoirs for their water. Isn’t this a matter of installing a simple filter similar to those installed in third‐world countries?
Ten years ago this summer, the United Nations General Assembly adopted a resolution affirming that water and sanitation are fundamental human rights. ... More than four dozen countries have now either enshrined the right to water in their constitutions or framed the right within national legislation (Apr 22, 2020). [https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nationalobserver.com%2F2020%2F04%2F2 2%2Fopinion%2Fcovid‐19‐puts‐human‐right‐water‐front‐and‐ centre&data=04%7C01%7CHDallas%40bimbc.ca%7C394fe3224899472dd43108d88db31f68%7Ce5ff6449937c4d9a 9e8293b57c23e6ad%7C0%7C0%7C637415148030528377%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJ QIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=%2BxT623O3MurmxWR9eV9iVSKc7lr79YBwAwk GsxXqCTM%3D&reserved=0]
I should point out that I also pay for my sanitation with a septic field and regular maintenance.
1 Page 333 of 386
An important support for the island economy arises from the incomes of retirees, but this ongoing trend may well kill that particular golden goose.
Sincerely,
David R. Hill, PEng, FBCS Emeritus Professor
Bowen Island, BC V0N 1G0
‐‐‐‐‐‐‐
2 Page 334 of 386 Page 335 of 386 (Gillian Darling, Heather Hodson, Martin Clarke, Dr. Leah Cline, Rebecca Tunnacliffe, Silvaine Zimmerman, Ben LaBelle, Maija Tiesmaki, Betty Morton, Meribeth Deen)
2 Page 336 of 386 TERMS OF INSTRUMENT – PART 2
Statutory Right-of-Way Agreement Public Access Trail
THIS AGREEMENT dated for reference November 15, 2017, is made
BETWEEN
BONNIE SUSAN CAMPBELL 1160 ECCLESTONE ROAD BOWEN ISLAND, BC V0N 1G0
(the “Grantor”);
AND
BOWEN ISLAND MUNICIPALITY 981 ARTISAN LANE BOWEN ISLAND, BC V0N 1G2
(the “Municipality”).
WHEREAS:
A. The Grantor is the registered owner of the lands situated at 1160 Ecclestone Road, Bowen Island, in the Province of British Columbia, with a Parcel Identifier as 008-842-027 and a legal description on LOT B DISTRICT LOT 1911 PLAN 12596 (the “Lands”).
B. Section 218 of the Land Title Act, R.S.B.C., c. 250 enables the Grantor to grant in favour of the Municipality an easement without a dominant tenement to be known as a statutory right-of-way.
C. In exchange for other consideration granted by the Municipality to the Grantor, the Grantor agrees on the terms and conditions herein set forth to grant to the Municipality a statutory right-of-way over that portion of the Lands (the “Right-of-Way”) shown outlined by bold lines on:
Plan of Statutory Right-of-Way over part of the Lands as prepared by B.C.L.S., having registration in the Land Title Office under number ______(a reduced copy attached hereto as Schedule “A”);
NOW THEREFORE that in consideration of the mutual promises and undertakings herein contained, the Grantor and the Municipality (the “Parties”) agree as follows:
1. The Grantor does hereby grant and convey unto the Municipality, its servants, employees, agents, contractors, invitees, licensees (including the public, without specific invitation or authorization), successors, assigns and members of the public, the full, free and uninterrupted right, license, liberty, privilege, easement and right-of-way (the “Permittees”) in common with the Grantor but subject always to the terms hereof:
17\1712\DOC\Terms of Instrument - Statutory Right of Way - v.5.DOC Page 337 of 386 (a) to enter, use, labour, go, return, pass and repass by foot (without motor vehicles), along, over, under and upon the Right-of-Way; and
(b) to develop, install, operate, maintain, repair, construct, alter and replace a pedestrian trail within the Right-of-Way for the use and enjoyment of the public including placing and maintaining guard rails, barriers, steps, gates, drainage, signage, trash containers and portable or temporary structures to the same standards and of the same materials as other complete trails in the neighbourhood of the Land, provided that the Grantor’s use of the Right-of-Way is not impeded except on a temporary basis (collectively, the “Trail”), and for which purposes the Municipality may bring equipment and machinery onto Right-of-Way (all of which are at the Municipality’s sole cost);
2. The Grantor covenants and agrees with the Municipality that:
(a) the Municipality, performing and observing the terms, covenants and conditions on its part to be performed and observed, will and may peaceably hold and enjoy the rights, licenses, liberties, rights-of-way, privileges and easements hereby granted;
(b) the Grantor will not make, place, erect or maintain on the Right-of Way Area any building, structure, foundation or obstruction which will interfere with the Right- of-Way and the rights herein granted;
3. The Municipality covenants and agrees with the Grantor that:
(a) the Trail to be undertaken by the Municipality along, under and upon the Right- of-Way will be done by the Municipality in a good and workmanlike manner and so as to cause no damage and to as to create minimal disturbance to the Lands;
(b) the Municipality will remove from the Right-of-Way all debris, rubbish and related matter on the Right-of-Way arising from any work done by the Municipality, its servants, agents or contractors, at the conclusion of any such work;
(c) the Municipality will place and maintain signage at the trail entry indicating that the use of: amplified sound, fire, liquor, glass beverage containers and cooking on the beach is prohibited and will ensure that Municipal Noise by-laws, as they exist and may be amended from time to time, will be in effect.
(d) the Municipality will in a, timely manner, repair all damage to the Lands caused by any work done by it, its servants, agents or contractors on the Right-of-Way at the conclusion of any such work and if the Municipality fails to repair any such damage within 30 days of written notice by the Grantor to the Municipality, the Grantor will have a right to make such repairs and the Municipality agrees to reimburse the Grantor for such expenses incurred by the Grantor pursuant to this provision forthwith upon presentation;
(e) the Municipality will repair the paved surface and gravel shoulder of the Trail when, in the opinion of the Municipality, such repair is necessary for continued use of the Trail by the public;
17\1712\DOC\Terms of Instrument - Statutory Right of Way - v.5.DOC Page 338 of 386 (f) the Municipality will carry out normal and usual maintenance and repair as necessary to maintain the Trail and the Right-of-Way in substantially the same condition as at the time of construction of that portion of the Trail within the Right-of-Way, subject to normal wear and tear, for the intended use of the Right- of-Way as a public access trail through, including but not limited to:
(i) maintenance and repair of the Trail, including trail surface and all structures and components of the Trail; and
(ii) removal of garbage and other noxious debris from the Right-of-Way.
(g) save and except due to any gross negligence or wilful misconduct of the Grantor, the Grantor will not be liable to the Municipality for any matters directly or indirectly arising out of or resulting from, or attributable to, the operation, maintenance or use of the Trail and the Right-of-Way and the Municipality hereby releases any claims it has, or may have, against the Grantor for the same; and
(h) the Municipality will indemnify and save harmless the Grantor in respect of any action, cause of action, suit, claim, loss, cost, damage or demand of any kind or nature whatsoever, at law or in equity, whether known or unknown (including legal costs on a solicitor and client basis), directly or indirectly arising out of or resulting from, or attributable to:
(i) a breach (including an omission) by the Municipality of any covenant, agreement or obligation contained herein, or
(ii) the exercise by the Municipality or the Permittees regarding the operation, maintenance or use of the Trail and the Right-of-Way,
with respect to any injury or other harm to person or persons (including death) resulting at any time hereafter, except to the extent it is caused by the gross negligence or wilful misconduct of the Grantor.
4. It is mutually agreed and declared by and between the Parties:
(a) notwithstanding anything in this Agreement to the contrary, that the general public will not be entitled to use the Right-of-Way until the Municipality has duly constructed the Trail.
(b) that this grant of Statutory Right-of-Way to the Municipality does not in any way require the Municipality to construct, maintain, replace, repair, clean or clear any road, trail or other work along, over under or upon the Right-of-Way unless the Municipality is expressly required to perform such operations under the terms of this Agreement;
(c) that this Statutory Right-of-Way and the rights hereby granted are and will be of the same force and effect to all intents and purposes as a covenant running with the Lands and that no part of the fee of the soil thereof will pass to or be vested in the Municipality by these presents;
17\1712\DOC\Terms of Instrument - Statutory Right of Way - v.5.DOC Page 339 of 386 (d) that this Statutory Right-of-Way, including all the covenants and conditions herein contained, will extend to and be binding upon and enure to the benefit of the successors and assigns of the Parties respectively;
(e) that the expressions the Grantor and the Municipality will include the executors, administrators, successors, assigns, employees, agents and officers of such Parties wherever the context so admits;
(f) that wherever the singular or masculine are used in this Statutory Right-of-Way they will be construed as meaning the plural or feminine or body corporate or politic where the context or the Parties so require;
(g) that should any provision or provisions of this Agreement be illegal or not enforceable, it or they will be considered separate and severable from this Agreement and its remaining provisions will remain in force and be binding on the Parties.
5. All chattels, equipment, supplies, fixtures or other materials installed by the Municipality over, on, in or under the Right-of-Way are and will remain the property of the Municipality, any rule of law or equity to the contrary notwithstanding.
6. Waiver of any default by either party will not be deemed to be a waiver of any subsequent default by that party.
7. Any notice or other communication required or contemplated to be given or made by any provision of this Agreement will be given or made in writing and either delivered personally or mailed by prepared registered mail in any Canada Post Office (and if so will be deemed to be delivered on the sixth business day following such mailing, except that, in the event of interruption of mail service notice will be deemed to be delivered only when actually received by the party to whom it is addressed), so long as the notice is addressed to the addresses of the Grantor and the Municipality as set out above or to such other address to which a party hereto from time to time notified the other party in writing.
8. While the covenants in this instrument will run with the Lands, notwithstanding anything contained herein, neither the Grantor named herein nor any future owner of the Lands or any portion thereof will be liable under any of the covenants and agreements contained herein where such liability arises by reason of an act or omission occurring after the Grantor named herein or any future owner ceases to have a further interest in the Lands.
As evidence of their agreement to be bound by the terms of this instrument, the Parties have executed the Land Title Office Form C which is attached hereto and forms part of this Agreement.
17\1712\DOC\Terms of Instrument - Statutory Right of Way - v.5.DOC Page 340 of 386
SCHEDULE A
REFERENCE PLAN OF STATUTORY RIGHT-OF-WAY OVER
END OF DOCUMENT
17\1712\DOC\Terms of Instrument - Statutory Right of Way - v.5.DOC Page 341 of 386 Sophie Idsinga
From: A Powell-Williams Sent: Tuesday, November 24, 2020 8:35 PM To: BIMBC - Mayor And Council Subject: Eccelstone Beach dock application
Follow Up Flag: Follow up Flag Status: Flagged
Dear Mayor and Council:
I am writing to express our concern and strong opposition to the Eccelstone Beach private dock application on Bowen Island.
Bowen Island needs more public beaches, not fewer. Our understanding is that Eccelstone Beach is and has been a public beach for many years. The signage needs to reflect this. At this time, it does not. Allowing a private dock (or any other impediments) to block access to one of Bowen's public beaches, is a travesty. It is very difficult to believe that our Municipal Council would even consider supporting such an application.
I am very curious to know what the rationale for such a decision could possibly be.
Looking forward to hearing from you.
Sincerely,
Gary Walsh,
1 Page 342 of 386 Sophie Idsinga
From: Mark Edmonds Sent: Wednesday, November 25, 2020 6:53 PM To: BIMBC - Mayor And Council Subject: Letter to FLNRORD regarding 1160 Eccelstone Dock Application
Follow Up Flag: Follow up Flag Status: Flagged
To: Ministry of Forests, Lands, Natural Resource Operations and Rural Development
From: Mark Edmonds
Nov.25/2020
I write to request the Province to deny the application for a private moorage dock at 1160 Eccelstone Rd on Bowen Island‐ crown land file #24112347.
I understand that the current application is changing as the owners are planning a revision, but I would like to bring to your attention some items of misinformation that I believe are in the current application:
Management Plan for Private Moorage
Section II- Location
“Land access will be from the owner’s upland property.” This is false as the upland area is cliff. The owners will access the proposed dock by using the Eccelstone Road Right of Way (the land immediately adjacent to 1160 Eccelstone to the east), and then rejoining their private property to access the proposed dock.
“The adjacent land and water parcels in the surrounding area are zoned similarly to the applicant”. This is false. The land adjacent to the applicant to the east is zoned as a public road Right of Way and can be used to access the shoreline.
“From a Safety perspective, Bowen Island is well served by Fire Rescue and Emergency Services…” This is misleading. From a water access point of view, neither the municipality nor the Fire/ Rescue Service are equipped with a watercraft. Any incident requiring emergency services would require land access- which would be delayed and inefficient as there is no direct access from the owner’s property and the area is served by a rough trail on the Eccelstone Road Right of Way. Further, the location of this proposed dock is exposed to the southeast and the prevailing storm events that typically occur each winter. There have been many recent instances of structural damage and boat sinkings in the area; in fact structural insurance along this stretch of the shore is no longer available in some cases due to increased severe storm incidents. Also, as this is a seasonal residence, any incident may not be noticed in a timely fashion and, as the construction materials include treated wood and Styrofoam, the environmental impacts could affect the entire area with hazardous detritus and pollutants
1 Page 343 of 386
Section V- Environmental
“This is a small private family moorage, which will not have any significant environmental impact.” This is another small private family moorage in an area with many existing small private family moorages already, the cumulative effect on the environment is unknown. This proposed dock will add more boats; more sound that can disrupt marine life; potential for more fuel spills and pollution (however accidental); and increased chances of boats sinking in Mannion Bay- which is, as with Howe Sound, experiencing a revitalization of marine life because of the efforts of government,, conservation advocacy and the local community. This proposed dock would fit the metaphor of ‘death by a thousand cuts”- at some point we need to say no more.
“The attached Environmental Assessment summarizes the potential impacts.” The attached Environmental Assessment is a brief snapshot, utilizing a single dive on Oct.7/2019. What are the impacts at other times of the year? Hardly a summary of all the potential impacts.
Part a. “The visual impact of the moorage will be nominal…” I disagree. I think the visual impact will horrible. It will completely dominate the view from the public beach at this site.
Part c. “It will also not impede public access…” This proposed dock represents the latest structure in the area that has led to the eradication of terrestrial public access to Eccelstone Public Beach.
Section VI‐ Socio‐ Community
Part a. “The private moorage will not impact any public recreation areas.” This is completely false. This proposed dock will abut a Eccelstone Public Beach that has been used for recreation for decades- indeed the Bowen Island Heritage records mention Eccelstone being a public since 1912. Even if terrestrial access is lost, the beach will always be public, as it is below the hightide line and will always be accessible from the water.
Part b. “The proposed dock will not affect or influence existing community services or infrastructure.” This proposed dock will for certain affect and influence the community services that Ecclestone Public Beach provides. This public beach has been enjoyed by the public for decades and provides the services of health benefits and connections to nature. Further, Eccelstone Public Beach is the only low bank public beach along the entire eastern shore of Mannion Bay between Miller’s Landing and Pebbly Beach and is used as an emergency pull-out by kayakers when Mannion Bay becomes unsafe.
I would now like to give a brief overview of the history of Eccelstone Public Beach and its access. This public beach has been used as, and classified as, a public beach for decades. Over the years, a series of previous owners have systematically eroded the ability of the public to access this public beach by building illegal structures on the Eccelstone Road Right of Way and below the hightide line. In fact, in 1998 the Ministry of Transportation required the removal of a structure encroaching on this public right of way, but then Bowen Island became incorporated and the issue apparently got ‘lost in the shuffle’.
2 Page 344 of 386 Over the following years, and multiple owners, the illegal structures multiplied. In 2017, the then owner sought to legalize these structures in the form of a variance and covenant; part of this deal was to give an easement over the property such that the public would have permanent terrestrial access to the beach. Unfortunately, and inexplicably, the easement offer was withdrawn yet the variance/ covenant was eventually passed by the council of the day, I say inexplicably because, as I understand things, Section 219 Covenants under the Land Title Act can only be registered for the benefit of local or provincial governments and the only benefit in this Covenant was to the then property owner. Recently, the municipality has downgraded the status of the Eccelstone Road Right of Way from a beach access to a Coastal Viewpoint- without public consultation. Now we have a dock application.
This is a brief narrative to highlight a very long and complex issue. The point I would like to make is that with the dock application the public has become aware and are motivated to restore terrestrial access to Eccelstone Public Beach. Approving a dock application moves us in the wrong direction to that goal.
Thank you for your consideration, Mark Edmonds , Bowen Island
3 Page 345 of 386 Sophie Idsinga
From: Gordon Reid Sent: Thursday, November 26, 2020 4:24 PM To: BIMBC - Mayor And Council Cc: Hope Dallas; Naomi Thomas Subject: Dock at Ecclestone Beach
Follow Up Flag: Follow up Flag Status: Flagged
I am adamantly opposed to the application by this one private individual (and any private individual to any beach) to appropriate some of the most valuable (economically, socially and environmentally) property in BC.
Having been the Land and Property agent for the Municipality for 7 years I regularly denied these types of applications on the authority of policy and the successive mayors and councillors who agreed that the waterfront was a rare and treasured asset that must be protected for public use.
West Vancouver has a 30 year lease with the Province of BC for all those properties below the high water mark and out to 1,000’ into the ocean (the municipal boundary). This property is owned by the BC government but is zoned by the municipality and the municipality issues building permits there.
Please add Anya Reid, , and Naomi Thomas’, of , name to those opposed.
Thank you
Gordon Reid
1 Page 346 of 386 Sophie Idsinga
From: Deborah Bramm < > Sent: Friday, November 27, 2020 11:37 AM To: [email protected] Cc: BIMBC - Mayor And Council Subject: Please stop the application for private dock on Eccelstone Road, Bowen Island
Importance: High
Follow Up Flag: Follow up Flag Status: Flagged
To: Bowen Island Mayor and Council and whom it may concern at the Ministry of Forest, Lands and Natural Resources Operations: I request that you deny the application to FLNRO for a Residential Private Moorage on provincial Crown Land, being part of the bed of Mannion Bay, adjacent to 1160 Eccelstone Rd (Lands File number‐ 2412347). This dock would be on a public beach important to many local residents as well as the public at large. Unfortunately, at present there is no legal terrestrial access to the beach, partly because of illegal structures having been built below the high‐tide line. However, this beach is accessible by kayak and is enjoyed by many people, and is valuable as one of the few safe pull‐outs for paddlers caught in stormy conditions.
Decades‐long pubic access from the land by illegal structures being built; reinstating this right does not include erecting more structures. Bowen Island property owners must stop building these structures on our shoreline not only because they erode the environmental integrity, but also because they block access to public beaches. We need to set the precedent of putting the environment above the assumed ‘privilege’ of private property owners. Please do not allow this application to go forward! All beaches on Bowen Island are public land, and it is critical to ensure access to benefit everyone. This private dock is clearly not in the public interest. Sincerely, Deborah Bramm
Bowen Island
1 Page 347 of 386 Sophie Idsinga
From: Katherine Wolters Sent: Friday, November 27, 2020 10:02 PM To: BIMBC - Mayor And Council Subject: FW: Application for residential moorage, Deep Bay NRS app#2412347
Follow Up Flag: Follow up Flag Status: Flagged
Dear Mayor and Council:
Thank you for the opportunity to comment. I am writing to express my concern over the application for residential private moorage on the north shore of Deep Bay (Ecclestone Road), Bowen Island.
The application submitted to the Ministry of Natural Resources, Lands and Forests propose a dock to protrude from the headland that serves to protect the small beach. As diagramed, the dock will certainly “c) Limit or restrict public use of this beach (Bowen Land Use By‐law #466)”. The presence of the 13.7 meter gangway, plus associated ramp and float will severely alter the experience of any beach users. Since primary use of this dock will be in the summer months, it is a shame that such a structure will affect the beach usage year‐round. This beach is a popular swimming location and has been used by the neighborhood population for many years. It is also the only access point for such activities for the whole of the north side of Deep Bay. It is one of only two safe swimming access points for the whole Millers’ Landing neighbourhood.
Public access to the (often steep) foreshore and beaches is limited on Bowen Island. Surveys of beaches and access points on Bowen have emphasized the need to enhance, protect and maintain access. This beach is recognized by the Bowen Island Parks Plan (2017) as an Undeveloped and Difficult to Access View Point/Coastal Access Point. But it is a Right‐of‐Way with a legal right to access by the public who have been using it for many years. Council must recognize that there is increasing usage pressure on all of Bowen’s beaches and in particular the road accessible “Class A and B” beaches (e.g. Pebbly Beach), caused by the growing residential and visitor populations. It is by protecting the amenities of and access to the smaller neighbourhood beaches that some pressure can be taken off of the more accessible beaches. Protecting these beaches will mean that Bowen residents will still have access to the ocean in close proximity to their homes.
I hope that Council will consider this application very carefully in light of the Bylaw prohibiting docks from restricting public use of the beach. I wish Council would remember what the priorities are in terms of beach access and make the recommendation that favours the majority of the population of this Island. I also hope that Council will consider what steps it should take to protect the the public right to access to this beach and other beaches like it in the future.
Thank you,
Katherine Wolters
Bowen Island, B.C. V0N 1G1
1 Page 348 of 386 Sophie Idsinga
From: Teale Phelps Bondaroff Sent: Friday, November 27, 2020 9:11 PM To: BIMBC - Mayor And Council; Sue Ellen Fast; David Hocking; Michael Kaile; Alison Morse; Maureen Nicholson; Rob Wynen; Gary Ander Subject: Thank you for supporting increasing access to contraception!
Dear Members of Bowen Island Council,
We are writing to thank you for supporting resolutions EB76 and EB77 at the recent meeting of the Union of British Columbia Municipalities (UBCM). Both of these resolutions called on the provincial government to make all prescription contraception in BC available at no cost under the Medical Services Plan.
With your help, these resolutions passed and have already helped push this issue forward. In the recent provincial election, all three major parties pledged to increase access to prescription contraception. We are currently advocating for the inclusion of this important policy in the forthcoming 2021 provincial budget.
In addition to thanking you for your support, we also wanted to offer some additional recommendations for ways that you can step up to support gender equality and promote sexual health in your municipality:
1. Help reduce period poverty by providing free menstrual products in the washrooms of municipal facilities.
In BC, too many people who menstruate have to choose between purchasing menstrual products and purchasing food. When people don’t have access to menstrual products they use unsanitary alternatives that jeopardize their health, skip work, miss school, and stay home so that they can’t access services and programming that can help them. Lack of access to menstrual products can exacerbate the impacts of poverty in our community, and undermine the health of people who menstruate.
In many of our communities, tampons, pads, and environmentally friendly alternatives are treated like luxury items reserved for people who can afford them. Importantly, we don’t do this with other essential products that you would find in a washroom, including toilet paper, hand soap, or paper towels.
With the help of United Way and their Period Promise campaign, some BC municipalities are starting to see the role that they could play in helping to address the issue, with Coquitlam, Victoria, Port Coquitlam, Port Moody, Burnaby, New Westminster, and Vancouver all working towards implementing policies on access to menstrual products in their cities. If you would be interested in hearing about policy options that your municipality could implement, please connect with Neal Adolph of the United Way, at [email protected].
2. Make free condoms available at municipal facilities.
While increased access to prescription contraception is an important step in improving the health and well-being of BC residents, it is not a sexual and reproductive health silver bullet. Prescription contraception can sometimes fail to prevent unwanted pregnancies, and it does not protect against sexually transmitted infections (STIs). While the BC government has promised to make prescription contraception free, that policy has not yet been put into action; even when it is, other barriers may impede some people’s access to prescription contraception.
Making internal and external condoms, and small sachets of lubricant, available at discreet locations in public facilities, is a highly cost-effective way to improve sexual and reproductive health in your community. When barrier methods of contraception, like condoms, are combined with prescription contraception like pills or IUDs, they increase the effectiveness of pregnancy-prevention and also protect against STIs.
1 Page 349 of 386 Page 350 of 386 Sophie Idsinga
From: Mark Edmonds Sent: Sunday, November 29, 2020 10:24 AM To: BIMBC - Mayor And Council; BIMBC - Parks Trails and Greenways Advisory Committee Subject: 1710 Whitesails Dr. DVP application
Follow Up Flag: Follow up Flag Status: Flagged
Nov 29/20
To mayor and council:
I write to address the debate on the Development Variance Permit Application for 1710 Whitesails Dr. that occurred at the Nov 23 council meeting.
I won’t waste time on the weeds of the discussion or the decision as it is just another example of the lack of will on the part of this council to protect the environment; the tired argument of council that the muni doesn’t have the by‐laws to protect the environment (which is largely true, but little action takes place to learn from the past and fix that problem‐ turning the 30m setback from the sea into a DPA and a Site Alteration Bylaw would be great, long overdue steps); and the ongoing issue of council not giving staff the resources to monitor and enforce by‐laws (when will we learn that complaint driven enforcement is woefully inadequate?).
What I want to address is the ignorant and shameful comment made by the mayor that commenting on environmental issues is not within the “purview” of the Parks, Trails, and Greenways Advisory Committee. I spent a lot of time thinking about why it is within the purview of the PTGAC to comment on environmental issues…I was quickly able come up with a long list. The list was so long that I realized I could not sum it up in a short letter…then I realized I didn’t have to. The Bowen Island Parks Plan, passed by council, clearly lays out the environmental issues directly linked to parks, trails, greenways and beaches. The Parks Plan is the guiding document for PTGAC and clearly lays out issues to consider for the PTGAC. You should read it again…and absorb it. Start with the vision statement that “sets the stage for the Parks Plan by establishing a shared vision for the future.”
The vision statement reads‐ “Bowen Island’s parks, trails, and beaches provide diverse environments where people connect with each other and with nature. Outdoor spaces enhance our community’s health and well‐being by drawing people outdoors to walk, hike, ride, run, play and explore. Multi‐ generational, inclusive and accessible outdoor spaces contribute to the community’s strong sense of place and belonging. Bowen Island’s interconnected parks, trails, and beaches protect marine and terrestrial ecosystems, conserve biodiversity, inspire stewardship, support outdoor education and contribute to the island’s peaceful, natural character.”
The PTGAC is comprised of a diverse group of people‐ from Environmental Professionals, to members of stakeholder groups, to long‐time residents with a knowledge of Bowen’s natural environments and special spaces. They all have a few things in common‐ they all care about the natural environments of the island and see the critical importance of preserving those spaces so that people may experience and connect with the unique nature of our island, they all volunteer their valuable time, and they all work within the framework provided by the muni. Which they have done.
And that’s the point, the PTGAC has acted according to the system. Perhaps if council better understood how the system is supposed to work, the system would work better.
1 Page 351 of 386 The PTGAC deserves a public apology from the mayor, and those councillors that did not have the courage to defend the PTGAC.
One final thought:
Obviously, there are environmental concerns regarding this application. Why was this application not referred to the Environment and Climate Change Advisory Committee? Could it be that council knew that the answer would be much the same as the one the PTGAC gave and not as easy to dismiss?
Mark Edmonds (former chair of the PTGAC)
2 Page 352 of 386 Sophie Idsinga
From: Lori Foster
Dear ALL:
For information, you have been courtesy copied on the following two letters:
1. Islands Trust Chair writes Premier and Ministers re: Development of BC Coastal Strategy Law 2. Islands Trust Chair writes Minister re: Enhance Islands Trust’s Jurisdiction over Tree Cutting
Thank you,
Lori Foster Executive Coordinator Islands Trust 200‐1627 Fort Street Victoria, BC V8R 1H8 In Victoria 250‐405‐5161 Enquiry BC Toll‐free call 1‐800‐663‐7867 Or from the lower mainland 1‐604‐660‐2421
Websites: www.islandstrust.bc.ca | www.islandstrustconservancy.ca Please consider the environment before printing this email I am humbly thankful to live and work in the traditional and treaty territories of the BOḰEĆEN, Cowichan, Halalt, Homalco, K’ómoks, Klahoose, Ts'uubaa‐asatx, Lək ʷəŋə n (SXIMEȽEȽ, Songhees, T’Sou‐ke), Lyackson, MÁLEXEȽ, Penelakut, Qualicum, Scia’new, səlilw ətaʔɬ/selíl witulh, SEMYOME, Shíshálh, Snaw‐naw‐as, Snuneymuxw, Sḵwxwú7mesh,̱ SȾÁUTW̱ , Stz’uminus, Tla’amin, Tsawwassen, We Wai Kai, Wei Wai Kum, W̱ JOȽEȽP, W̱ SIḴEM, and xʷməθkʷəyə̓ m.
1 Page 353 of 386 Sophie Idsinga
From: Islands Trust
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11/21/2020 Trust Council Meeting Updates
Trust Council December Meeting Agenda Now Available
Dear Subscriber:
Islands Trust Council Quarterly December 1‐3 detailed 3‐Day Schedule and Agenda Package are now available. Visit the Calendar Tool for more details.
Address Trust Council during the Town Hall Session, December 1 @ 7:00 PM. See below on how to connect.
Need more information? Contact Lori Foster [email protected]
Note: You will need pdf reading software to open some of files in this message.
Meeting Type: Electronic Meeting
1 Page 354 of 386 Date: December 1‐3, 2020 Times: Vary ‐ check details: 3‐Day Schedule view the Simple Schedule Livestream to Watch: https://collaboratevideo.net/islandstrust/A
Address Trust Council at Town Hall, December 1, 2020 beginning at 7:00 PM Register in advance via Zoom https://islandstrust.zoom.us/webinar/register/WN_P_Z2FyycQxqFqwAd_bXVqg
Or call into the Meeting for Town Hall: Toll Free 833‐958‐1164 Webinar ID# 682 4459 8855 Press * 9 to raise your hand to speak at Town Hall
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Copyright © 2020 Islands Trust, All rights reserved. Our mailing address is: Islands Trust 200 1627 Fort Street Victoria British Columbia V8R 1H8 Canada http://www.islandstrust.bc.ca/, [email protected]
2 Page 355 of 386
BRIEFING
To: Local Trust Committees and For the Meeting of: Next meeting Bowen Island Municipality
From: Islands Trust Conservancy Date Prepared: November 25, 2020
SUBJECT: 2020 Forest Conservation Outreach Campaign Completion
PURPOSE: To inform the Local Trust Committees and Bowen Island Municipality of the completion of Islands Trust Conservancy’s 2020 forest conservation outreach campaign. BACKGROUND: In January 2020 Islands Trust Conservancy staff initiated an outreach campaign to encourage voluntary forest conservation and stewardship on private lands in the Islands Trust Area. This campaign was a response to part of Trust Council Resolution 2019-24, which directed staff to: • create a strong communications program that will support Islands Trust Conservancy conservation initiatives for Coastal Douglas-fir protection as well as support the land use planning process, with a special focus on communicating the role of Development Permit Areas as a tool for Coastal Douglas-fir protection that permits development; and • bring recommendations for how the Natural Areas Property Tax Exemption Program (NAPTEP) can be tailored to highlight and prioritize contiguous tracks of the Coastal Douglas-fir zone in the outreach, communications, and approval of NAPTEP covenants by the Islands Trust Conservancy. The campaign also helps to address objective 1.5 of the Islands Trust Conservancy Regional Conservation Plan, which is to seek opportunities to provide information to landholders to support voluntary conservation initiatives.
Forest conservation outreach packages were developed by ITC staff in consultation with Islands Trust Directors of Trust Area Services and Local Planning Services, and included the following: 1. Personalized cover letter from the Covenant Management & Outreach Specialist 2. Customized forest ecosystem information sheets: Coastal Douglas-fir forest information and mapping for Gulf Islands LTAs, and Coastal Western Hemlock forest information and mapping for Gambier LTA and Bowen Island Municipality 3. Forest Conservation Checklist 4. NAPTEP rack card The 2020 forest conservation outreach campaign focused on landholders with over five hectares of old- growth or mature forest on their property. Mapping identified 348 properties as meeting this criteria, with over 400 associated landholders (households). The following is a breakdown of packages mailed, by local trust area/municipality: Local Trust Area/ Outreach Package Municipality Recipients Ballenas-Winchelsea 0 Bowen 29 Denman 23 Page 356 of 386 Islands Trust Briefing Page 1 Gabriola 19 Galiano 11 Gambier 49 Hornby 5 Lasqueti 171 Mayne 11 North Pender 10 Salt Spring 44 Saturna 14 South Pender 4 Thetis 13 Total 403
Outreach packages were mailed to these landholders on August 13th and 18th. The immediate response from outreach package recipients has been positive, and to date has included at least two NAPTEP covenant inquiries and two forest stewardship conversations. In addition to the mailout, a Forest Protection webpage on the Islands Trust website has been created as a platform for ongoing forest conservation outreach: http://islandstrust.bc.ca/trust- council/projects/forest-protection/. The forest ecosystem information sheets for each LTA are available at www.islandstrust.bc.ca/islands/island-ecosystems/. ATTACHMENT(S): 1. Cover letter template 2. Sample Coastal Douglas-fir Forests information sheet 3. Sample Coastal Western Hemlock Forests information sheet 4. Forest Conservation Checklist FOLLOW-UP: A small number of paper copies of the forest ecosystem information sheets will be distributed to each island in late November, either to the Islands Trust Office/Municipal Office, LTC office, where available, or to the local conservancy, as appropriate. The Covenant Management & Outreach Specialist will track responses to the forest conservation outreach letter in Islands Trust Conservancy’s contact management database, connect respondents with other ITC specialists as needed, and assess the overall response to the campaign to inform future outreach activities.
Prepared By: Jemma Green, Covenant Management & Outreach Specialist
Reviewed By/Date: Kate Emmings, A/Manager / November 26, 2020
Page 357 of 386 Islands Trust Briefing Page 2 Sophie Idsinga
From: Bowen Island Municipality Sent: Monday, November 30, 2020 10:57 AM To: BIMBC - Mayor And Council Subject: FW: Metro Vancouver's Chair Update - November 2020
Follow Up Flag: Follow up Flag Status: Flagged
From: Metro Vancouver Chair
Metro Vancouver Chair Update ‐ November 2020
In this Issue ISSUE 92, November 2020
1. Waste Mayor Ander, Reduction and Recycling: How Today I was accorded the privilege of continuing as the Are We Doing? Chair of the Metro Vancouver Board of Directors for another term, along with Vice Chair Linda Buchanan. I am
1 Page 358 of 386 2. Reintroducing honoured to represent the Board, Metro Vancouver and residents of the region. Considering the role Metro Adult Coho Vancouver plays in supporting the economy, the province Salmon to the and livability of this region, I fully understand the Seymour and responsibility this position comes with and will do my level best in working to serve Metro Vancouver. Coquitlam Water Supply In this issue, we cover the tenth annual Zero Waste Conference, which looked a bit different this year, but Areas continued to challenge and inspire us to consider new ways 3. New Study to move towards a lower waste society. Looks at And speaking of waste reduction, how is our region doing? Alternative A new report has the latest data on how much went to Transportation landfill and recycling in 2019. We also have an update on two new solid waste facilities that will be completed next for Regional year and the renaming of transfer stations. Parks 4. Recycling and Salmon are getting a helping hand to re‐establish themselves in the Seymour and Coquitlam drinking water Waste Centres: supply areas and Regional Parks staff are looking at ways to New Facilities enable more people to arrive at parks on foot, bike or bus.
and New Our last forum on systemic racism will take place on Names November 28. If you have not already done so, I encourage 5. 2020 Zero you take part in this important and very timely conversation. Waste Conference As we head into the holidays, don’t forget to check out the latest from our annual Create Memories, Not Garbage Recap campaign, where previously featured local artists Ben and 6. Media Event in Dan are back to take on a special gift giving challenge. Codd Wetland This is my last Chair Update for 2020. I want to wish you all 7. Join Us for the a successful conclusion to this year and a restful holiday Final Forum on break.
Systemic Together we make our region strong. Racism – November 28 Sav Dhaliwal Chair, Metro Vancouver Board 8. Create [email protected]
Memories, Not Garbage: Ben and Dan Return!
2 Page 359 of 386 9. Metro Vancouver Videos
Waste Reduction and Recycling: How Are We Doing?
Where the Region's Waste Went in 2019
Our region continues to be one of the most successful communities in North America when it comes to waste reduction and recycling. We recycle almost twice as many materials as the Canadian average and send one third less waste to landfill.
To gauge progress towards our waste reduction goals, Metro Vancouver monitors how much is recycled and disposed to landfill. Recently published data from the 2019 Recycling and Solid Waste Management Report show that 63% of the region’s waste was recycled in 2019.
Overall, residents generated 4% less waste per person in 2019 compared to 2018. Key findings from the report also showed that:
480 kg of waste per person was disposed to the landfill;
3 Page 360 of 386 the materials most recycled in the region are concrete, yard and food waste, and paper; and in addition to recycling materials, our region reused an estimated 87,500 tonnes of material in 2019, primarily clothing and fashion accessories.
Metro Vancouver has seen waste reduction and recycling success over the past several years, but more recently, progress has slowed. Metro Vancouver is updating its regional solid waste management plan and will be looking at ways to accelerate waste reduction and recycling, while reducing greenhouse gases and promoting a circular economy.
You can watch this video to learn more about how we manage the region’s waste.
Reintroducing Adult Coho Salmon to the Seymour and Coquitlam Water Supply Areas
4 Page 361 of 386 Metro Vancouver has worked with federal and provincial governments, First Nations, partner agencies and NGOs to reintroduce adult coho salmon (spawners) to the Seymour and Coquitlam drinking water supply areas.
The program was launched in the Seymour Reservoir in 2019 and expanded to the Coquitlam Reservoir in 2020 to help increase the spawning and rearing of coho salmon in these watersheds. Access to these areas for salmon was impeded by the construction of BC Hydro’s Coquitlam Dam in 1905 and the Seymour Falls Dam in 1927.
Every year, the program brings up to 400 adult coho salmon, 40,000 juveniles, and 20 steelhead trout to the Seymour Water Supply Area and up to 100 adult coho salmon to the Coquitlam Water Supply Area.
This October’s salmon release marked the first time in over 100 years that returning adult coho have used the habitat above the Coquitlam Dam.
Reintroducing these adult coho to their ancestral habitat has significant cultural value for local First Nations. It also partially mitigates the historic impacts of dam construction by re‐establishing wild salmonid stocks in the high‐quality habitat found upstream of these dams.
The program is part of Metro Vancouver’s goal to support the restoration of fish populations in these watersheds while still delivering clean, safe drinking water to the region.
Watch this video to learn more about the program.
New Study Looks at Alternative Transportation for Regional Parks
5 Page 362 of 386 We have completed the first phase in a study to assess existing transit and cycling options at regional parks.
Currently, most visitors come to regional parks by car. The study is part of an initiative to investigate ways to increase access to regional parks by public transit, biking or walking.
The Regional Parks Alternative Transportation Study, completed in August, provides an inventory of all regional parks and rates how well each park and greenway can be accessed by transit and by bike.
The study indicates that there is large range of accessibility to regional parks and greenways, with some being easily accessible and others having no access by transit or bikeway. Key findings show that:
33% of parks have excellent or very good cycling access; 26% of parks have excellent or very good transit access; 30% of parks and greenways have poor cycling access; and 33% of parks have no access to transit.
Some parks and greenways have similar ratings for both transit and bikeway access, while others have either good transit or good bikeway access, with a lower ranking in the other mode.
Staff are now looking at a variety of tools to encourage people to get to a park or greenway without a car.
6 Page 363 of 386 Recycling and Waste Centres: New Facilities and New Names
New solid waste facilities are currently under construction in Coquitlam and Surrey and are expected to be completed in 2021.
Metro Vancouver’s solid waste facilities provide key recycling and waste drop‐off services for residents, businesses, municipalities and the waste hauling industry. The new facilities will offer convenient and accessible services, and are designed to support future population growth and new recycling initiatives.
Construction is almost complete at the United Boulevard Recycling and Waste Centre (995 United Boulevard, Coquitlam), which is expected to open in spring 2021. The Central Surrey Recycling and Waste Centre (6711 ‐ 154 Street, Surrey, at 67 Avenue and 154 Street) is in the early stages of construction and is expected to be completed by the end of 2021.
Previously known as transfer stations, Metro Vancouver’s solid waste facilities are being renamed to “Recycling and Waste Centres” to better describe their purpose and the services available. The new name was chosen following research on naming systems in other jurisdictions and after receiving feedback from internal and external audiences. Existing facilities will begin switching to their new names later this year.
Watch this video to learn more about these two new facilities.
7 Page 364 of 386 2020 Zero Waste Conference Recap
The 2020 Zero Waste Conference was broadcast live from the Annacis Research Centre on Friday, November 13.
Hosted by Metro Vancouver and the National Zero Waste Council, this was the tenth anniversary of the conference and like most events in 2020, the conference was delivered virtually with a combination of in‐ person moderators with zoomed‐in speakers. Speakers wove together their knowledge and experiences with curiosity, innovation, entrepreneurship, experience and science into a compelling argument for moving to a carbon‐free, circular Canada.
Over the past decade, the conference has brought together thought leaders, change‐makers and practitioners in waste prevention and the circular economy, sharing ideas, experiences and best practices. In 2020, the intent was to bring the past into the present, and focus on a future characterized by resiliency, prosperity and carbon neutrality – through circular economy solutions.
Delivering the conference in the context of a global pandemic raised the bar on what it meant to be engaging and relevant. Just under 500 registered for the conference and we have heard from many that this year’s completely virtual conference was a success in not compromising on the quality of programming and the opportunity to network with others.
Video recordings of the keynote speakers and the panel sessions are now available here.
Next year’s conference will take place on October 27 and 28, 2021.
8 Page 365 of 386 Media Event in Codd Wetland
On November 9, I had the pleasure of participating in a media event on location at the Codd Wetland Ecological Reserve along with Pitt Meadows Mayor Bill Dingwall, Pitt Meadows‐Maple Ridge MP Mark Dalton, Anmore Mayor John McEwen and Commissioner Jerry Dobrovolny, to highlight the unprecedented popularity of regional parks and the importance of the Regional Parks Land Acquisition Strategy.
Record parks visitation in 2020 underscores the importance of Metro Vancouver’s efforts to significantly expand the regional park system to protect sensitive ecosystems and meet unprecedented demand for people to connect with nature close to home. As of early November, regional parks have seen over 14.5 million visits so far this year, an incredible 37% increase from all of 2019.
More and more people are discovering our parks. Even before COVID, annual demand was increasing at a rate more than double the rate of population growth. Protected outdoor spaces aren’t just good for our physical and mental health ‐ they also support countless species and help to buffer climate change impacts. Given skyrocketing demand, development pressure and climate adaptation needs, acquiring more park land has never been more important.
Through the Regional Parks Land Acquisition Strategy, Metro Vancouver is working toward an extensive, connected and resilient network of parks and greenways. The recently‐approved 2021 budget includes a $4 million annual tax requisition to boost the Regional Parks Land Acquisition Fund.
The event drew extensive positive media coverage and generated dozens of online, print and broadcast stories. You can view the livestream recording here and find additional information in the media release.
9 Page 366 of 386 Join Us for the Final Forum on Systemic Racism – November 28
Metro Vancouver is concluding its series of four forums on systemic racism, with one last forum on November 28.
If you haven’t already attended a forum, I encourage you to take advantage of this opportunity to take a closer look at systemic racial discrimination and learn about potential paths forward to address this critical issue.
The forums feature a keynote address by Dr. Handel Wright (UBC professor and Director of the Centre for Culture, Identity and Education) and are moderated by Kathryn Gretsinger, Associate Professor at UBC School of Journalism, Writing and Media and award winning CBC broadcaster.
Our panel of storytellers will also share first‐hand experiences of systemic racism in our region and inspire dialogue on the possibilities for change.
The forums are available remotely and open to everyone. Highlights from the first forum are available here. You can also watch the entire recorded livestream of the first forum.
The final forum will take place on November 28, 9 a.m. – 12.30 p.m. and can be watched here.
10 Page 367 of 386 Create Memories, Not Garbage: Ben and Dan Return!
As the holidays approach, I encourage everyone to visit the Create Memories, Not Garbage campaign’s website for low‐waste gifts ideas.
Now in its tenth year, this annual waste reduction campaign offers creative gift ideas, gift wrapping tips and other ideas for celebrating the holidays.
We are excited to welcome back local artists Ben and Dan, who created the campaign’s very first Christmas carol last year. This year, they are taking on a low‐waste gifting challenge to provide each other with three gifts: one repaired, one homemade, and one long lasting.
Some of their gifts were successful, some were not.
Watch the video to see how they did – and perhaps get inspired with a few low‐waste gifts ideas of your own.
Metro Vancouver Videos
Northwest Langley Wastewater Treatment Plant Update 2020
11 Page 368 of 386 The Northwest Langley Wastewater Treatment Plant is expanding to serve an additional 200,000 residents and is being upgraded to tertiary treatment.
Heather Place Redevelopment ‐ Phase 1
12 Page 369 of 386 The Heather Place Redevelopment Project will replace 86 aging housing units with 230 new rentals designed to suit a range of families, couples, singles, and seniors with a mix of incomes.
Reuse and Recycle Electronics
A look at a local organization that has been repurposing computers for nearly 30 years: BC Technology for Learning Society.
Surrey SHaRP Program
13 Page 370 of 386 Now in its 25th year, the City of Surrey's Salmon Habitat Restoration Program employs high school and post‐secondary students for fish and watershed habitat restoration work.
Copyright © 2020 Metro Vancouver. All rights reserved.
14 Page 371 of 386
HOUSE OF COMMONS CHAMBRE DES COMMUNES CANADA
Patrick Weiler Member of Parliament West Vancouver-Sunshine Coast-Sea to Sky Country
November 25, 2020 Dear Friends & Neighbours, Building a stronger and consciously more inclusive society where all Canadians are able to participate and thrive is a top priority for the Government of Canada.
This week, the Honourable Bardish Chagger, Minister of Diversity and Inclusion and Youth, announced the launch of the new call for proposals for the Community Support, Multiculturalism, and Anti-Racism Initiatives (CSMARI) Program.
This program builds on Canada’s strength as a diverse and inclusive society and provides funding for projects that:
• support communities in confronting racism and discrimination, promoting intercultural and interfaith understanding, and fostering equitable opportunities to participate fully in Canadian society; • promote and engage in discussions on multiculturalism, diversity, racism, and religious discrimination at the domestic and international levels; and • strengthen research and evidence to build understanding of the disparities and challenges faced by racialized and religious minority communities, and Indigenous Peoples.
The call for proposals for the Projects and the Community Capacity Building components is open until January 12, 2021. Events component proposals are accepted on a continuous basis.
For more information and details on how to apply, please visit this webpage.
If you have any questions or concerns, please do not hesitate to reach out to our office. We stand ready to support your application in any way that we can.
Sincerely,
Patrick Weiler, MP West Vancouver-Sunshine Coast-Sea to Sky Country
Page 372 of 386
Sophie Idsinga
From: Bowen Island Municipality Sent: Monday, November 30, 2020 10:56 AM To: BIMBC - Mayor And Council Subject: FW: ERRATA w our sincere apologies - Request regarding Bill C-213 The Canada Pharmacare Act
Follow Up Flag: Follow up Flag Status: Flagged
From: [email protected]
Mayor ANDER BOWEN ISLAND
Dear Mayor ANDER,
We are writing to you today seeking the City Council of BOWEN ISLAND‘s formal endorsement of Bill C‐213, the Canada Pharmacare Act.
Introduced in February 2020, the Canada Pharmacare Act is ground‐breaking new federal legislation based on the recommendations of the Hoskins Advisory Council on the Implementation of National Pharmacare and modelled on the Canada Health Act.
The Canada Pharmacare Act specifies the conditions and criteria that provincial and territorial prescription drug insurance programs must meet to receive federal funding. This includes the core principles of public administration, comprehensiveness, universality, portability, and accessibility.
Universal public drug coverage has been recommended by commissions, committees, and advisory councils dating as far back as the 1940s. Immediately following the last election, the New Democratic Party of Canada began working to draft a legislative framework to enable the implementation of a universal, comprehensive and public pharmacare program. The Canada Pharmacare Act is the first piece of legislation introduced by the New Democrat Caucus in the current Parliament.
As you know, across Canada, people are making impossible choices every day because they cannot afford their prescription medications. Over the past year alone, one‐in‐four Canadians were forced to avoid filling or renewing a prescription due to cost or take measures to extend a prescription because they could not afford to keep the recommended dosage schedule.
Even those with private coverage are seeing their employer‐sponsored benefits shrink – a trend that has
1 Page 373 of 386 accelerated due to the economic impacts of COVID‐19. In fact, Canadians are twice as likely to have lost prescription drug coverage as to have gained it over the past year.
Simply put, universal public pharmacare will extend prescription drug coverage to every single Canadian, while saving billions every year. The final report of the Hoskins Advisory Council found that, once fully implemented, universal public pharmacare will reduce annual system wide spending on prescription drugs by $5 billion. Businesses and employees will see their prescription drug costs reduced by $16.6 billion annually and families will see their out of pocket drug costs reduced by $6.4 billion a year.
Although a recent study from Angus Reid Institute found near universal support for pharmacare among the Canadian public, powerful vested interests in the drug and insurance industries are lobbying to block this critical program in order to protect their profits.
Indeed, the Canada Pharmacare Act is reaching a crucial period in the legislative process. The first hour of debate on this bill took place in Parliament on November 18, 2020. The second hour of debate and the first vote will be held in February 2021. This legislation could be enacted by next spring, allowing millions of Canadians who are struggling to pay for medication to receive the support they desperately need.
That’s why we need your help to secure the adoption of the Canada Pharmacare Act in Parliament. We are asking your City Council to join other municipalities across Canada to formally endorse Bill C‐213. We will be publicizing this support nationally.
For more information on C‐213 and to sign the e‐petition, please visit our website: www.pharmacarec213.ca
Thank you very much for your consideration. Please feel free to contact us if you require further detail.
We look forward to hearing from you.
Sincerely, Peter Julian, MP New Westminster‐Burnaby
Jenny Kwan, MP Vancouver East
Don Davies, MP Vancouver Kingsway
Par la présente, nous demandons à votre conseil municipal d’appuyer officiellement le projet de loi C‐213, Loi édictant la Loi canadienne sur l’assurance médicaments.
Présentée en février 2020, la Loi canadienne sur l’assurance médicaments est une nouvelle mesure législative fédérale avant‐gardiste fondée sur les recommandations du Conseil consultatif présidé par le Dr Hoskins concernant la mise en œuvre d’une assurance médicaments et inspirée de la Loi canadienne sur la santé.
La Loi canadienne sur l’assurance médicaments précise les conditions et les critères que les régimes d’assurance médicaments provinciaux et territoriaux doivent respecter pour être admissibles à un
2 Page 374 of 386 financement fédéral, soit les principes fondamentaux que sont la gestion publique, l’intégralité, l’universalité, la transférabilité, et l’accessibilité.
Rappelons que des commissions, comités et conseils consultatifs divers recommandent la mise en place d’un régime public et universel d’assurance médicaments depuis les années 1940. Au lendemain de la dernière élection générale, le Nouveau Parti démocratique du Canada a commencé à travailler sur un projet de cadre législatif pour établir un régime d’assurance médicaments universel, complet et public. La Loi canadienne sur l’assurance médicaments est la première mesure législative présentée par le caucus néo‐démocrate au cours de la législature actuelle.
Comme vous le savez, partout au Canada, des gens doivent chaque jour prendre des décisions impossibles, faute de moyens pour payer leurs médicaments d’ordonnance. Au cours de la dernière année seulement, un Canadien sur quatre a dû renoncer à se procurer ou à renouveler un médicament d’ordonnance en raison du coût ou bien n’a pas respecté la posologie recommandée pour que ses médicaments lui durent plus longtemps, par manque de moyens financiers.
Même les personnes bénéficiant d’une couverture privée voient les avantages offerts par leur employeur diminuer, une tendance qui s’est accélérée en raison des répercussions économiques de la COVID‐19. Les Canadiens.nes sont d’ailleurs deux fois plus susceptibles d’avoir perdu leur assurance médicaments que d’en avoir obtenu une au cours de la dernière année.
Autrement dit, un régime d’assurance médicaments public et universel étendra la couverture des médicaments d’ordonnance à chaque Canadien.ne, tout en permettant des économies de plusieurs milliards de dollars par année. Selon le rapport final du Conseil consultatif présidé par le Dr Hoskins, un régime public et universel d’assurance médicaments, une fois pleinement mis en œuvre, permettra de réduire les dépenses annuelles liées aux médicaments sur ordonnance de 5 milliards de dollars. Les entreprises et les employés.es verraient leurs coûts de médicaments sur ordonnance réduits de 16,6 milliards de dollars par an, et les familles, de 6,4 milliards de dollars par an.
Même si, selon une étude récente de l’Angus Reid Institute, un régime d’assurance médicaments universel récolte un appui quasi unanime au sein de la population canadienne, de puissants intérêts dans les secteurs pharmaceutiques et des assurances exercent des pressions pour bloquer ce programme essentiel et protéger leurs profits.
La Loi canadienne sur l’assurance médicaments arrive à une étape déterminante du processus législatif. La première heure de débat consacrée à ce projet de loi a eu lieu au Parlement le 18 novembre 2020. La deuxième heure et le premier vote se dérouleront en février 2021. Cette mesure législative pourrait entrer en vigueur d’ici le printemps prochain, permettant à des millions de Canadiens.nes qui peinent à payer leurs médicaments de recevoir l’aide dont ils ont grandement besoin.
C’est pourquoi nous avons besoin de votre contribution pour faire adopter le projet de Loi C‐213 au Parlement. Nous demandons à votre conseil municipal d’unir sa voix à celle d’autres municipalités d’un bout à l’autre du Canada pour appuyer officiellement le projet de loi C‐213. Nous ferons connaître cet appui dans l’ensemble du pays.
Pour en savoir plus et pour signer la pétition électronique, veuillez visiter notre site Web : www.pharmacarec213.ca/fr
3 Page 375 of 386 Nous vous remercions beaucoup de l’attention que vous accordez à la présente. N’hésitez pas à communiquer avec nous pour en savoir plus.
Dans l’attente de votre réponse, nous vous prions d’agréer l’expression de nos sentiments distingués.
Peter Julian, député New Westminster—Burnaby
Jenny Kwan, députée Vancouver‐Est
Don Davies, député Vancouver Kingsway
New Democratic Party | Nouveau Parti démocratique
I acknowledge that I work on the unceded traditional territory of the Algonquin, Haudenosaunee and Anishinabek peoples. Je reconnaît que je travaille sur le territoire non-cédé des nations Algonquine, Haudenosaunee et Anishinabek. ______
(TEL) 613.992.4214 | (CELL) 613.222.4074 | FAX) 613.947.9500 UFCW | TUAC
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"My friends, love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful and optimistic. And we’ll change the world." ‐Jack Layton, 1950‐2011
« Mes amis, l’amour est cent fois meilleur que la haine. L’espoir est meilleur que la peur. L’optimisme est meilleur que le désespoir. Alors aimons, gardons espoir et restons optimistes. Et nous changerons le monde. » ‐Jack Layton, 1950‐2011
This email message and any attachment may contain privileged or confidential information and is intended only for the named recipient(s) or group indicated. If you have received this message in error, or are not the named recipient(s), please notify the sender and delete this email message. Thank you for your cooperation.
Ce courriel, ainsi que tout fichier annexé peut contenir des renseignements protégés ou confidentiels et concerne uniquement les destinataires indiqués. Si vous avez reçu ce courriel par erreur, ou si vous n'êtes pas les destinataires, veuillez en aviser l'expéditeur et l'effacer. Merci de votre coopération.
4 Page 376 of 386 Sophie Idsinga
From: Mohamed, Aliya
Follow Up Flag: Follow up Flag Status: Flagged
Good morning,
From today, in addition to wearing masks onboard TransLink vehicles, our customers must also wear masks or face coverings while waiting for transit at all bus stops, bus loops, bus exchanges, stations, and platforms. Face shields are no longer a suitable option in place of masks.
These updates follow the Provincial Government’s recent Ministerial Order.
Transit Police will conduct standard inquiries with any customer not wearing an appropriate face covering: they will enforce the Ministerial Order and can issue fines of $230. The Order does allow for certain exemptions, which can be found here.
About 95 per cent of our customers are already wearing masks on transit, and we want to ensure customers continue to have confidence in the safety of our system.
In addition to our news release, we are sharing this information with customers via social media and will update our signage. We would also appreciate your help sharing this update, either by:
sharing a link to our website translink.ca/COVID‐19, or resharing our social posts about this policy on Twitter, Facebook or Instagram.
If you have any questions, please reach out to [email protected].
Warm regards,
ALIYA MOHAMED Director of Public Affairs TransLink 400‐287 Nelson’s Court, New Westminster, BC, V3L 0E7, Canada
This e‐mail and any attachments may contain confidential and privileged information. If you are not the intended recipient, please notify the sender immediately by return e‐mail, delete this e‐mail and destroy any copies. Any dissemination or use of this information by a person other than the intended recipient is unauthorized and may be illegal.
1 Page 377 of 386 12/1/2020 News Release | BC Ferries Releases Second Quarter Results
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For Immediate Release 20-059 November 20, 2020
BC Ferries releases second quarter results VICTORIA –BC Ferries released its second quarter results today for the three and six months ended September 30, 2020. The COVID-19 global pandemic continues to have a signi cant impact on the company’s operations and nancial results.
BC Ferries’ net earnings for the second quarter of scal 2021 were $37.8 million, $57.2 million lower than the same quarter of the previous year. Year-to-date, since April 1, 2020, net losses were $24.2 million, compared to net earnings of $107.2 million in the same period in the prior year, a decline of $131.4 million.
“COVID-19 continues to have a signi cant impact on the ferry system as we navigate through what is now the new normal with our employees, our customers and all British Columbians,” said Mark Collins, BC Ferries’ President and CEO. “Throughout the pandemic, our employees continue to provide lifeline service to coastal communities and I want to recognize their dedication and perseverance, which has been nothing short of inspiring.”
Revenue for the quarter ended September 30, 2020, at $247.6 million, was down $81.7 million year-over-year. Revenue for the six months ended September 30, 2020 was $385.0 million, down $190.7 million over the same period in the prior year.
During the quarter, BC Ferries carried 5.5 million passengers and 2.5 million vehicles, a decrease of 29.0 per cent and 14.0 per cent respectively, compared to the same quarter in the prior year. Year-to-date, the company has carried 7.7 million passengers and 3.8 million vehicles, a decrease of 43.0 per cent and 28.7 per cent, respectively, compared to the same period in the previous year.
During the three months ended September 30, 2020, expenses from operations decreased $25.4 million or 11.5 per cent compared to the same period in the prior year. Year-to-date since April 1, 2020, expenses from operations decreased $62.1 million or 14.1 per cent and includes reduced labour costs, fuel consumption, maintenance, contracted services, depreciation expense, travel, non-safety related training and advertising. These cost reductions, while helpful, did not o set the decline in revenues as a signi cant portion of BC Ferries costs are xed and do not meaningfully uctuate with reduced tra c demand.
“Prior to COVID-19, our 12-year capital plan totalled $3.9 billion and included new vessels, upgrades and modi cations for existing vessels, signi cant improvements atPage our 378 eet of 386 https://www.bcferries.com/news-releases/bc-ferries-releases-second-quarter-results 1/9 12/1/2020 News Release | BC Ferries Releases Second Quarter Results maintenance unit, major investments at terminals and renewal of information technology systems,” said Collins. “Given the impact of the pandemic to our operations and nancial position, we are reviewing all capital plans to identify opportunities to defer any expenditures that are not regulatory, security or safety related or operationally necessary. It’s imperative that we scrutinize everything we do to preserve the long-term sustainability of the ferry system in the public interest.”
On September 18, 2020, the Federal and Provincial Governments announced that BC Ferries will receive $308 million under the Safe Restart Funding Program. Since the beginning of the pandemic, BC Ferries has been working closely with the Province to collaborate on strategic options to sustain the ferry system for the long term. BC Ferries submitted a detailed plan to meet the public interest and the interests of customers in the provision of safe, reliable and a ordable ferry service. Earlier this month BC Ferries reached a formal agreement with the Province regarding the $308 million from the Safe Restart Funding Program.
Capital expenditures in the three and six months ended September 30, 2020 totalled $25.7 million and $49.3 million respectively. Signi cant investments include the ve new vessels currently under construction contracted in 2019, major vessel overhauls and inspections, IT upgrades and various other projects.
BC Ferries’ full nancial statements, including notes and Management’s Discussion and Analysis, are led on SEDAR and will be available at www.sedar.com.
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Media Contact: BC Ferries, Media Relations Victoria: (250) 978-1267
Customer Contact: Victoria: (250) 386-3431 Toll-free: 1-888-BCFERRY (1-888-223-3779)
Note to newsrooms: For urgent media inquiries o -hours, call our emergency line at (250) 516-7211.
FORWARD LOOKING STATEMENTS
This release contains certain “forward looking statements”. These statements relate to future events or future performance and re ect management’s expectations regarding our growth, results of operations, performance, business prospects and opportunities and industry performance and trends. They re ect management’s current internal projections, expectations or beliefs and are based on information currently available to management.Page 379 of 386 https://www.bcferries.com/news-releases/bc-ferries-releases-second-quarter-results 2/9 12/1/2020 News Release | BC Ferries Releases Second Quarter Results Some of the market conditions and factors that have been considered in formulating the assumptions upon which forward looking statements are based include tra c, the Canadian Dollar relative to the US Dollar, fuel costs, construction costs, the state of the local economy, uctuating nancial markets, demographics, tax changes, the requirements of the Coastal Ferry Services Contract, and the impact of the COVID-19 pandemic.
Forward looking statements included in this release include statements with respect to: the company’s response to the COVID-19 pandemic, reductions in discretionary spending, our xed costs, capital investments, and funding under the Safe Restart Funding Program. In some cases, forward looking statements can be identi ed by terminology such as “may”, “will”, “should”, “expect”, “plan”, “anticipate”, “believe”, “estimate”, “predict”, “potential”, “continue” or the negative of these terms or other comparable terminology. A number of factors could cause actual events or results to di er materially from the results discussed in the forward looking statements. In evaluating these statements, prospective investors should speci cally consider various factors including, but not limited to, the risks and uncertainties associated with: vendor non-performance; capital market access; interest rate, foreign currency, fuel price, and tra c volume uctuations; the implementation of major capital projects; security, safety, and environmental incidents; con dential or sensitive information breaches; changes in laws; vessel repair facility limitations; economic regulatory environment changes; tax changes; and Aboriginal rights and title claims.
Actual results may di er materially from any forward looking statement. Although management believes that the forward looking statements contained in this release are based upon reasonable assumptions, investors cannot be assured that actual results will be consistent with these forward looking statements. These forward looking statements are made as of the date of this release, and British Columbia Ferry Services Inc. assumes no obligation to update or revise them to re ect new events or circumstances except as may be required by applicable law.
NON-IFRS MEASURES
In addition to providing measures prepared in accordance with International Financial Reporting Standards (IFRS), we present certain nancial measures that do not have any standardized meanings prescribed by IFRS and therefore are unlikely to be comparable to similar measures presented by other companies. These supplemental nancial measures are provided to assist readers in determining our ability to generate cash from operations and improve the comparability of our results from one period to another. We believe these measures are useful in assessing operating performance of our ongoing business on an overall basis.
Signi cant events Second Quarter Fiscal 2021
Page 380 of 386 https://www.bcferries.com/news-releases/bc-ferries-releases-second-quarter-results 3/9 12/1/2020 News Release | BC Ferries Releases Second Quarter Results Signi cant events during or subsequent to the Second Quarter of 2021 include the following:
The Coastal Ferry Services Contract was initially amended in April 2020 for a 60-day period, expiring in early June and subsequently, extended through to September 7, 2020, to re ect temporary reduced service levels in response to the COVID-19 pandemic while maintaining the related ferry transportation fees.
On September 9, 2020, BC Ferries issued a statement to inform customers that as of September 30, 2020, Transport Canada rescinded the temporary exibility it granted to ferry operators allowing passengers to remain in their vehicles on enclosed decks. Transport Canada granted this exibility in the spring in response to the COVID-19 pandemic. BC Ferries has implemented measures to mitigate risk to the travelling public and prevent the spread of the virus including additional cleaning, sanitization, physical distancing and mandatory wearing of face coverings while at the terminal and onboard the vessel.
On September 18, 2020, the Federal and Provincial Governments announced that BC Ferries will receive $308 million under the Safe Restart Funding Program. Previously, on August 11, 2020, the Province had announced that BC Ferries is one of the entities included in the Federal Government’s announced transit funding of $540 million in response to the impact of the COVID-19 pandemic. This transit funding is to be matched equally by the Province for a total funding envelope of $1.08 billion. BC Ferries reached a formal agreement with the Province regarding the $308 million from the Safe Restart Funding Program earlier this month.
On September 22, 2020, BC Ferries launched its new mobile-friendly website, which lets customers easily book and manage their bookings online and delivers dynamically updated schedules and current conditions information. Features of the new website include dynamically generated, real-time daily and seasonal schedules available for all routes, as well as travel conditions at major terminals to provide greater travel certainty. Enhanced account management capabilities let customers manage all their bookings in one place, and add, change or cancel bookings with ease on their own. The new trip planner tool helps customers nd sailings and calculate fares on any route before travelling.
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Media Contact: BC Ferries, Communications Victoria: (250) 978-1267
Customer Contact: Victoria: (250) 386-3431 Toll-free: 1-888-BCFERRY (1-888-223-3779) Page 381 of 386 https://www.bcferries.com/news-releases/bc-ferries-releases-second-quarter-results 4/9 12/1/2020 News Release | BC Ferries Releases Second Quarter Results
BRITISH COLUMBIA FERRY SERVICES INC. Condensed Interim Consolidated Statements of Financial Position (unaudited) (Expressed in thousands of Canadian dollars)
As at
September 30, 2020 March 31, 2
Assets
Current assets
Cash and cash equivalents 162,594 169,141
Restricted short-term investments 34,039 33,393
Other short-term investments 54,770 91,588
Trade and other receivables 23,199 19,488
Prepaid expenses 15,398 11,057
Inventories 36,677 31,897
Derivative assets 9 28
326,686 356,592
Non-current assets
Loan receivable 24,515 24,515
Property, plant and equipment 1,838,626 1,879,517
Intangible assets 99,525 99,893
1,962,666 2,003,925
Total assets 2,289,352 2,360,517
Liabilities
Current liabilities
Accounts payable and accrued liabilities 101,928 132,296
Provisions 1,768 1,794
Interest payable on long-term debt 21,526 21,512
Contract liabilities 20,359 21,702
Current portion of long-term debt 15,302 21,644
Current portion of accrued employee future benefits 2,300 3,000
Current portion of lease liabilities 2,741 2,536
Derivative liabilities 13,883 15,507
179,807 219,991
Non-current liabilities
Accrued employee future benefits 20,796 20,151
Long-term debt 1,422,182 1,427,426
Lease liabilities 37,256 38,675
Other liabilities 10,340 Page 382 of 386 10,962 https://www.bcferries.com/news-releases/bc-ferries-releases-second-quarter-results 5/9 12/1/2020 News Release | BC Ferries Releases Second Quarter Results
Derivative liabilities 15,011 17,212
1,505,585 1,514,426
Total liabilities 1,685,392 1,734,417
Equity
Share capital 75,478 75,478
Contributed surplus 25,000 25,000
Retained earnings 523,576 547,745
Total equity before reserves 624,054 648,223
Reserves (20,094) (22,123)
Total equity including reserves 603,960 626,100
Total liabilities and equity 2,289,352 2,360,517
BRITISH COLUMBIA FERRY SERVICES INC. Condensed Interim Consolidated Statements of Pro t or Loss and Other Comprehensive (Loss) Income (unaudited) (Expressed in thousands of Canadian dollars)
Three months ended Six months
September 30 Septemb
2020 2019 2020 2
Revenue
Vehicle and passenger fares 169,969 216,516 248,750 3
Net retail 8,381 23,869 9,164 4
Fuel (rebates) surcharges (2,665) 2,981 (3,907) 3
Other income 2,566 3,532 3,609 6
Revenue from customers 178,251 246,898 257,616 4
Ferry service fees 61,388 74,579 111,416 1
Federal-Provincial Subsidy Agreement 8,007 7,835 16,014 1
Total revenue 247,646 329,312 385,046 5
Expenses
Operations 126,803 152,231 232,124 2
Maintenance 15,162 13,440 38,243 3
Administration 8,837 9,271 20,080 1
Depreciation and amortization 44,498 45,740 88,546 9
Total operating expenses 195,300 220,682 378,993 4
Operating profit 52,346 108,630 6,053 1 Page 383 of 386 https://www.bcferries.com/news-releases/bc-ferries-releases-second-quarter-results 6/9 12/1/2020 News Release | BC Ferries Releases Second Quarter Results
Net finance and other expenses
Finance expenses 15,436 15,330 30,542 3
Finance income (1,062) (1,508) (2,284) (
Net finance expense 14,374 13,822 28,258 2
Loss (gain) on disposal and revaluation of property, plant and
equipment and intangible assets 105 (194) 1,964 (
Net finance and other expenses 14,479 13,628 30,222 2
NET EARNINGS (LOSS) 37,867 95,002 (24,169) 1
Other comprehensive income (loss) Items that are or may be reclassified subsequently to net earnings (loss)
(5,147) (3,832) (5,543) (
Items not to be reclassified to net earnings (loss) (1,933) (126) (1,933) (
Total other comprehensive loss (7,080) (3,958) (7,476) (
Total comprehensive income (loss) 30,787 91,044 (31,645) 1
BRITISH COLUMBIA FERRY SERVICES INC. Condensed Interim Consolidated Statements of Cash Flows (unaudited) (Expressed in thousands of Canadian dollars)
Six months ended September 3
2020 2019
Operating activities
Net (loss) earnings (24,169) 107,1
Items not affecting cash:
Net finance expense 28,258 27,64
Depreciation and amortization 88,546 90,46
Loss (gain) on disposal and revaluation of property, plant and equipment and
intangible assets 1,964 (206)
Other non-cash changes to property, plant and equipment 119 (946)
Changes in:
Accrued employee future benefits (1,988) (28)
Derivative assets and liabilities recognized in net loss 32 8
Provisions (26) 3,367
Accrued financing costs 274 (434)
Total non-cash items 117,179 119,8 Page 384 of 386 https://www.bcferries.com/news-releases/bc-ferries-releases-second-quarter-results 7/9 12/1/2020 News Release | BC Ferries Releases Second Quarter Results
Movements in operating working capital:
Trade and other receivables (3,711) (6,16
Prepaid expenses (4,341) (5,72
Inventories (4,780) (388)
Accounts payable and accrued liabilities (30,368) (34,7
Contract liabilities (1,343) (6,83
Change in non-cash working capital (44,543) (53,8
Change in non-cash working capital attributable
to investing activities 26,825 23,55
Change in non-cash operating working capital (17,718) (30,3
Cash generated from operating activities 75,292 196,7
Interest received 1,905 3,276
Interest paid (34,422) (32,2
Cash generated from operating activities 42,775 167,7
BRITISH COLUMBIA FERRY SERVICES INC. Condensed Interim Consolidated Statements of Cash Flows (unaudited) (Expressed in thousands of Canadian dollars)
Six months ended September
2020 2019
Financing activities Repayment of long-term debt (12,016) (17,64
Repayment of lease liabilities (1,209) (1,093
Cash used in financing activities (13,225) (18,73
Investing activities Proceeds from disposal of property, plant and equipment 94 295
Purchase of property, plant and equipment and intangible assets (72,363) (72,66
Changes in restricted short-term investments (646) 310
Net proceeds from (purchase of) other short-term investments 36,818 (1,969
Cash used in investing activities (36,097) (74,03
Net (decrease) increase in cash and cash equivalents (6,547) 75,00
Cash and cash equivalents, beginning of period 169,141 59,88
Cash and cash equivalents, end of period 162,594 134,8 Page 385 of 386 https://www.bcferries.com/news-releases/bc-ferries-releases-second-quarter-results 8/9 12/1/2020 News Release | BC Ferries Releases Second Quarter Results
BRITISH COLUMBIA FERRY SERVICES INC. Condensed Interim Consolidated Statements of Changes in Equity (unaudited) (Expressed in thousands of Canadian dollars)
Total equity To Share Contributed Retained before inc
capital surplus earnings reserves Reserves re
Balance as at April 1, 2019 75,478 25,000 525,006 625,484 12,834 63
Net earnings - - 107,171 107,171 - 10
Other comprehensive loss - - - - (4,016) (4,
Realized hedge gains recognized in - - - - (4,335) (4,
fuel swaps
Hedge losses on interest rate forward - - - - 124 12
contract reclassified to net earnings
Balance as at September 30, 2019 75,478 25,000 632,177 732,655 732,655 73
Balance as at April 1, 2020 75,478 25,000 547,745 648,223 (22,123) 62
Net loss - - (24,169) (24,169) - (24
Other comprehensive loss - - - - (7,476) (7,
Realized hedge losses recognized in fuel swaps - - - - 9,381 9,3
Hedge losses on interest rate forward contract - - - - 124 12
reclassified to net earnings
Balance as at September 30, 2020 75,478 25,000 523,576 624,054 (20,094) 60
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