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- Updated to: November 23,
2011 -
CHAPTER P-8
PLANNING ACT
PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS
REGULATIONS
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Pursuant to clause 7(1)(c) of the
Planning Act
R.S.P.E.I.
1988, Cap. P-8, Council made the following regulations:
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Definitions
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1. (1) In these regulations "authority
having jurisdiction" means the Minister responsible for the
Planning Act
R.S.P.E.I. 1988, Cap. P-8, or in the case of a municipality with an official plan and bylaws, the municipal council.
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Idem, existing definitions
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(2) Words and
expressions defined in section 1 of the
Planning Act Subdivision and Development Regulations have the
same meaning when used in these regulations.
(EC703/95; 552/11)
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Application
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2. These regulations apply to all
areas of the province.
(EC703/95)
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Lot size
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3. Revoked by EC41/96.
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Residential
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4. (1) No approval or permit shall be granted for
the subdivision of a lot for residential use unless the lot conforms with the minimum lot
size standards set out in Table 1.
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Location
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(2) The area
encompassed by the required minimum circle diameter as set out in Table 1
and Table 2 shall be located on the lot such that it will accommodate an
on-site sewage disposal system. |
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Reduced size
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(3) Notwithstanding the minimum lot size standards
set out in Table 1 and Table 2, for infilling purposes, a lot may be reduced to a minimum
of 10,000 sq. ft. / 929 sq. m. provided that
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(a) it is serviced by an on-site water supply system and a central
sewerage system; and |
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(b) only one additional lot from the existing parcel is created by any
proposed subdivision. |
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Reduced circle
requirement |
(4) Notwithstanding the minimum circle
diameter requirements set out in column (f) of Table 1 and column (e) of Table
2, a lot that does not meet those requirements may be subdivided from a lot or
parcel that existed prior to June 12, 1993 where,
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(a) the lot is intended for either single
unit residential use or non-residential use, and will be serviced by on-site
water and sewerage disposal systems; |
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(b) the lot meets Category I standards in accordance with clause
5(a) and
the minimum lot area requirements set out in column (e) of Table 1 and
column (d) of Table 2 respectively; |
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(c) a circle with a minimum diameter of 125 ft./38.1 m. will fit within the
boundaries of the lot; and |
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(d) there is no practical alternative to increasing the size of the property
to permit compliance with the circle diameter requirement.
(EC703/95; 41/96; 694/00; 552/11)
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Non-residential
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5. (1) No approval or permit shall be issued to
subdivide a lot for non-residential use unless in conformity with the minimum lot size
standards set out in Table 2.
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Exception
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(2) Notwithstanding subsection (1),
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(a) where a lot is
intended for any non-residential use where water and sewage services are not
required for the proposed development, the Minister may approve an exemption
from the requirement of subsection (1); |
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(b) where an approval or
permit has been granted by an authority having jurisdiction pursuant to
subsection (1), a subsequent approval or permit requiring or proposing a
sewerage system shall only be granted in accordance with the standards set
out in Table 2.
(EC703/95; 41/96;
552/11)
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Categories of lots
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6. Every
lot on a plan of subdivision shall be categorized in accordance with the
following site suitability standards:
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(a) Category I, where |
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(i) the depth of
permeable natural soil is 2 ft. (0.61 m.) or greater, |
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(ii) the depth to bedrock is 4 ft. (1.22
m.) or greater, and |
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(iii) the depth to the maximum groundwater
elevation is 4 ft. (1.22 m.) or greater; |
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(b) Category II, where |
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(i) the depth of
permeable natural soil is greater than 1 ft. (0.3 m.), but less than 2 ft.
(0.61 m.), |
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(ii) the depth to bedrock is 4 ft. (1.22
m.) or greater, and |
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(iii) the depth to the maximum groundwater
elevation is 4 ft. m (1.22 m.) or greater; |
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(c) Category III, where |
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(i) the depth of
permeable natural soil is 1 ft. (0.3 m.) or greater, |
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(ii) the depth to bedrock is 2 ft. (0.61
m.) or greater, but less than 4 ft. (1.22 m.), or |
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(iii) the depth to the maximum groundwater
elevation is 2 ft. (0.61 m.) or greater, but less than 4 ft. (1.22 m.); |
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(d) Category IV, where |
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(i) the lot has a
depth of permeable natural soil of less than 1 ft. (0.3 m.), |
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(ii) the depth to bedrock is greater than 1
ft. (0.3 m.), and |
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(iii) the depth of the maximum groundwater
elevation is greater than 2 ft. (0.61 m.); |
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(e) Category V, where |
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(i) the depth to
bedrock is less than 1 ft. (0.3 m.), and |
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(ii) the depth to the maximum ground water
elevation is greater than 2 ft. (0.61 m.).
(EC703/95; 694/00; 552/11) |
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Upgrade
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7. Revoked by
EC694/00.
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Application
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8. The minimum lot
size standards set in Tables 1 and 2 do not apply to subdivisions approved
prior to October 14, 1995.
(EC703/95; 552/11)
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Minor variance
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9. (1) The authority having jurisdiction may, for
special cause, authorize such minor variance from the provisions of these regulations as,
in its opinion, is desirable and not inconsistent with the general intent and purpose of
these regulations.
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Variance, public utility use
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(2) Notwithstanding any
other provisions of these regulations, where a lot is designed for use by a
public or a private utility, the authority having jurisdiction may authorize a variance
from the provisions of these regulations as, in its opinion, is desirable.
(EC703/95; 552/11) |
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MINIMUM HIGHWAY ACCESS
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Minimum highway access standards
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10. (1) The Roads Act Highway Access Regulations
shall constitute the Minimum Highway Access Standards.
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Entrance way permit
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(2) An authority
having jurisdiction shall not grant an approval or issue a permit for
development unless an entrance way permit has been obtained for the applicable
lot or development when so required.
(EC703/95; 2/96;
552/11)
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TABLE 1
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MINIMUM LOT SIZE STANDARDS:
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RESIDENTIAL LOTS
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a) Servicing |
b) Lot Category |
c)
Minimum
Lot Frontage |
d)
Number of
Dwelling Units |
e)Minimum
Lot Area
sq. ft. / sq. m. |
f) Minimum
Circle Diameter
to be Contained Within the Boundaries of the Lot -
feet / meters |
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on-site water supply and
on-site sewage disposal system |
I |
100 feet / 30.5 metres (or 50 feet /
15.25 metres, where the frontage is on the interior curve of a street)
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1 |
25,000 sq.
ft. / 2,322.5 sq. m. |
150 ft. /
45.7 m. |
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2 |
30,000 sq.
ft. / 2,787 sq. m. |
160 ft. /
48.8 m. |
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3 |
35,000 sq.
ft. / 3,251.5 sq. m. |
175 ft. /
53.3 m. |
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4 |
40,000 sq.
ft. / 3,717 sq. m. |
200 ft. /
61 m. |
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more than 4 |
40,000 sq.
ft. / 3,717 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional
unit |
200 ft. /
61 m. |
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on-site water supply and
on-site sewage disposal system |
II |
100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is
on the interior curve of a street) |
1 |
35,000 sq.
ft. / 3,251.5 sq. m. |
175 ft. /
53.3 m. |
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2 |
40,000 sq.
ft. / 3,717 sq. m. |
200 ft. /
61 m. |
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3 |
45,000 sq.
ft. / 4,180.5 sq. m. |
225 ft. /
68.6 m. |
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4 |
50,000 sq.
ft. / 4,645 sq. m. |
250 ft. /
76.2 m. |
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more than 4 |
50,000 sq.
ft. / 4,645 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional
unit |
250 ft. /
76.2 m. |
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on-site water supply and
on-site sewage disposal system |
III |
100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is
on the interior curve of a street) |
1 |
51,000 sq.
ft. / 4,738 sq. m. |
225 ft. /
68.6 m. |
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2 |
56,000 sq.
ft. / 5,202 sq. m. |
250 ft. /
76.2 m. |
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3 |
61,000 sq.
ft. / 5,667 sq. m. |
275 ft. /
83.8 m. |
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4 |
66,000 sq.
ft. / 6,131 sq. m. |
300 ft. /
91.4 m. |
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more than 4 |
66,000 sq.
ft. / 6,131 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional
unit |
300 ft.
/ 91.4 m |
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on-site water supply and
on-site sewage system |
IV |
100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is
on the interior curve of a street) |
1 |
75,000 sq. ft. / 6,975 sq. m. |
300 ft. / 91.4 m
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2 |
80,000 sq. ft. / 7,440 sq. m. |
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3 |
85,000 sq. ft. / 7,905 sq. m. |
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4 |
90,000 sq. ft. / 8,370 sq. m. |
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more than 4 |
90,000 sq.
ft. / 8,370 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional
unit |
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on-site water supply and
on-site sewage system |
V |
N/A |
N/A |
not developable |
N/A |
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central water supply and
on-site sewage disposal system |
I |
50 feet / 15.25 metres |
1 |
20,000 sq.
ft. / 1,858 sq. m. |
125 ft. /
38.1 m. |
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2 |
25,000 sq.
ft. / 2,322.5 sq. m. |
150 ft.
/45.7 m. |
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3 |
30,000 sq.
ft. / 2,787 sq. m. |
160 ft. /
48.8 m. |
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4 |
35,000 sq.
ft. / 3,251.5 sq. m. |
175 ft. /
53.3 m. |
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more than 4 |
35,000 sq.
ft. / 3,251.5 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each
additional unit |
175 ft. /
53.3 m. |
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central water supply and
on-site sewage disposal system |
II |
50 feet / 15.25 metres |
1 |
25,000 sq.
ft. / 2,322.5 sq. m. |
150 ft. /
45.7 m. |
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2 |
30,000 sq.
ft. / 2,787 sq. m. |
160 ft. /
48.8 m. |
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3 |
35,000 sq.
ft. / 3,251.5 sq. m. |
175 ft. /
53.3 m. |
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4 |
40,000 sq.
ft. / 3,717 sq. m. |
200 ft. /
61 m. |
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more than 4 |
40,000 sq.
ft. / 3,717 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional
unit |
200 ft. /
61 m. |
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central water supply and
on-site sewage disposal system |
III |
50 feet / 15.25 metres |
1 |
40, 000
sq. ft. / 3,717 sq. m. |
200 ft. / 61 m. |
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2 |
45,000 sq.
ft. / 4,180.5 sq. m. |
225 ft./ 68.6 m. |
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3 |
50,000 sq.
ft. / 4,645 sq. m. |
250 ft. / 76.2 m. |
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4 |
55,000 sq.
ft. / 5,110 sq. m. |
275 ft. / 83.8 m. |
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more than 4 |
55,000 sq.
ft. / 5,110 sq. m. plus 1,500 sq. ft. / 457 sq. m. for each additional
unit |
275 ft. / 83.8 m. |
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central water supply and
on-site sewage disposal system |
IV |
50 feet / 15.25 metres |
1 |
60, 000
sq. ft. / 5,580 sq. m. |
275 ft. /
83.8 m. |
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2 |
65,000 sq.
ft. / 6,450.5 sq. m. |
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3 |
70,000 sq. ft. / 6,510 sq. m. |
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4 |
75,000 sq. ft. / 6,975 sq. m. |
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more than 4 |
75,000 sq. ft. / 6,975 sq. m. plus 1,500 sq. ft. / 457 sq. m. for each additional
unit |
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central water supply and
on-site sewage disposal system |
V |
N/A |
N/A |
Not Developable |
N/A |
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on-site water supply and
central waste treatment system |
I or II |
50 feet / 15.25 metres |
1 |
15,000 sq.
ft. / 1,393.5 sq. m. |
100 ft. /
30.5 m. |
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2 |
20,000 sq.
ft. / 1,858 sq. m. |
125 ft. /
38.1 m. |
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3 |
25,000 sq.
ft. / 2,322.5 sq. m. |
150 ft. /
45.7 m. |
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4 |
30,000 sq.
ft. / 2,787 sq. m. |
160 ft. /
48.8 m. |
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more than 4 |
30,000 sq.
ft. / 2,787 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional
unit |
160 ft. /
48.8 m. |
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on-site water supply and
central waste treatment system |
III |
50 feet / 15.25 metres |
1 |
20,000 sq.
ft. / 1,858 sq. m. |
125 ft. /
38.1 m. |
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2 |
25,000 sq.
ft. / 2,322.5 sq. m. |
150 ft. /
45.7 m. |
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3 |
30,000 sq.
ft. / 2,787 sq. m. |
160 ft. /
48.8 m. |
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4 |
35,000 sq.
ft. / 3,251.5 sq. m. |
175 ft. /
53.3 m. |
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more than 4 |
35,000 sq.
ft. / 3,251.5 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each
additional unit |
175 ft. /
53.3 m. |
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central water supply and waste
treatment systems |
I, II, or III |
N/A |
any number |
as determined by the
Minister |
as determined by the
Minister |
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(EC699/00; EC694/00;
552/11)
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TABLE 2
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MINIMUM LOT SIZE STANDARDS:
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NON-RESIDENTIAL LOTS
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a) Servicing |
b) Lot Category |
c) Minimum Lot
Frontage |
d) Minimum Lot
Area |
e) Minimum
Circle Diameter to be
Contained Within the Boundaries of the Lot
feet / meters |
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on-site water
supply and on-site sewage
disposal system |
I |
100 feet / 30.5 metres (or 50 feet /
15.25 metres, where the frontage is on the interior curve of a street) |
25,000 sq. ft
/ 2,322.5 sq. m. |
150
ft. / 45.7 m. |
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on-site water and on-site sewage
disposal system |
II |
100 feet / 30.5 metres (or 50 feet /
15.25 metres, where the frontage is on the interior curve of a street) |
35,000 sq. ft /
3,251.5 sq. m. |
175
ft. / 53.3 m. |
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on-site
water and on-site sewage disposal system |
III |
100 feet / 30.5 metres (or 50 feet /
15.25 metres, where the frontage is on the interior curve of a street) |
51,000
sq. ft. / 4,738 sq. m. |
225
ft. / 68.6 m. |
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central water supply and on-site
sewage disposal system |
I |
50
feet / 15.25 metres |
20,000 sq. ft ./
1,858 sq. m. |
125
ft. / 38.1 m. |
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central
water supply and on-site sewage disposal system |
II |
50 feet / 15.25 metres |
25,000
sq. ft. / 2,322.5 sq. m. |
150 ft.
/ 45.7 m. |
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central
water supply and on-site sewage disposal system |
III |
50 feet / 15.25 metres |
35,000
sq. ft. / 3,251.5 sq. m. |
175 ft.
/ 53.3 m. |
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on-site
water supply and central waste treatment system |
I, II or
III |
50 feet / 15.25 metres |
15,000
sq. ft. / 1,393.5 sq. m. |
100 ft.
/ 30.5 m. |
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central
water supply and waste treatment systems |
I, II or
III |
n/a |
as
determined by the Minister |
as
determined by the Minister |
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(EC699/00; EC694/00;
552/11)
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