Annapolis County Land Use Bylaw — Effective April 23, 2024
Annapolis, Nova Scotia
· adopted 2024-04-23
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Annapolis County Land Use Bylaw
EFFECTIVE DATE: April 23, 2024
ANNAPOLIS COUNTY LAND USE BYLAW
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CONTENTS
PART 1 TITLE, INTRODUCTION AND PURPOSE .................................................................... 1
PART 2 DEFINITIONS ................................................................................................................ 2
PART 3 ADMINISTRATION AND INTERPRETATION ............................................................. 16
SECTION 3.1 ADMINISTRATION .......................................................................................................... 16
SECTION 3.2 COMPLIANCE WITH OTHER BYLAWS .......................................................................... 16
SECTION 3.3 INTERPRETATION OF ZONE BOUNDARIES AND SYMBOLS ....................................... 16
SECTION 3.4 INTERPRETATION OF CERTAIN WORDS ..................................................................... 16
SECTION 3.5 PERMITTED USES ......................................................................................................... 16
SECTION 3.6 DEVELOPMENT PERMIT ............................................................................................... 17
SECTION 3.7 NO DEVELOPMENT PERMIT REQUIRED...................................................................... 17
SECTION 3.8 APPLICATION FOR DEVELOPMENT PERMIT ............................................................... 18
SECTION 3.9 SIGNATURE FOR APPLICATIONS................................................................................. 18
SECTION 3.10 APPLICATION FEE ....................................................................................................... 18
SECTION 3.11 EFFECTIVE DATE OF BYLAW ..................................................................................... 18
PART 4 GENERAL PROVISIONS ............................................................................................ 19
SECTION 4.1 MULTIPLE USES ............................................................................................................ 19
SECTION 4.2 MULTIPLE BUILDINGS ON A LOT.................................................................................. 19
SECTION 4.3 ACCESSORY USES PERMITTED .................................................................................. 19
SECTION 4.4 ACCESSORY BUILDINGS AND STRUCTURES ............................................................. 19
SECTION 4.5 TEMPORARY CONSTRUCTION USES .......................................................................... 19
SECTION 4.6 NON-CONFORMING USES AND STRUCTURES ........................................................... 20
SECTION 4.7 RESTORATION TO A SAFE CONDITION ....................................................................... 20
SECTION 4.8 STREET FRONTAGE ..................................................................................................... 20
SECTION 4.9 EXISTING UNDERSIZED LOTS ...................................................................................... 20
SECTION 4.10 SIDE YARD WAIVER .................................................................................................... 20
SECTION 4.11 CONFORMITY WITH EXISTING SETBACKS ................................................................ 21
SECTION 4.12 REDUCED REQUIREMENTS - LOT FRONTAGE ......................................................... 21
SECTION 4.13 PERMITTED NUMBER OF MAIN BUILDINGS ON A LOT ............................................. 21
SECTION 4.14 SECONDARY SUITES .................................................................................................. 21
SECTION 4.15 HOUSEHOLD LIVESTOCK ........................................................................................... 22
SECTION 4.16 SMALL OPTION HOMES .............................................................................................. 22
SECTION 4.17 SHORT TERM RENTALS ............................................................................................. 22
SECTION 4.18 RECREATIONAL VEHICLE PARKING SITES ............................................................... 22
SECTION 4.19 ILLUMINATION ............................................................................................................. 23
SECTION 4.20 SIGNS ........................................................................................................................... 23
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SECTION 4.21 PERMITTED ENCROACHMENTS IN YARDS ............................................................... 23
SECTION 4.22 HOME OCCUPATION REQUIREMENTS ...................................................................... 23
SECTION 4.23 WATERCOURSE PROTECTION .................................................................................. 24
SECTION 4.24 PARKS, PLAYGROUNDS & TRAILS ............................................................................. 24
SECTION 4.25 PUBLIC/PRIVATE UTILITIES & SERVICE FACILITIES ................................................. 24
SECTION 4.26 WIND TURBINES .......................................................................................................... 24
SECTION 4.27 UNSUITABLE HABITATION .......................................................................................... 25
SECTION 4.28 AGRICULTURAL MARSHLAND REQUIREMENTS ....................................................... 25
PART 5 ZONES ........................................................................................................................ 26
SECTION 5.1 ZONES ESTABLISHED................................................................................................... 26
5.1.1 Land Use Zones ........................................................................................................................... 26
5.1.2 Water Supply Protection Zones ..................................................................................................... 26
SECTION 5.2 PERMITTED LAND USES ............................................................................................... 27
5.2.1 Land Use Zones and Uses ............................................................................................................ 27
5.2.1.1 General ...................................................................................................................................... 27
5.2.1.2 Water Supply Protection............................................................................................................. 29
SECTION 5.3 ZONE PROVISIONS ....................................................................................................... 30
5.3.1.1 General ...................................................................................................................................... 30
5.3.1.2 Water Supply Protection............................................................................................................. 31
5.3.2 Measuring Standard Lot and Building Dimensions ......................................................................... 31
SECTION 5.4 LAND USE ZONE SPECIFIC REQUIREMENTS ............................................................. 33
SECTION 5.5 MX - MIXED USE SPECIAL REQUIREMENTS ............................................................... 33
5.5.1.1 MX Site Plan Approval ............................................................................................................... 33
5.5.1.2 MX Abutting Yard Requirements ................................................................................................ 33
5.5.2 R1 - Low Density Residential Special Requirements..................................................................... 33
5.5.2.1 R1 Abutting Yard Requirements ................................................................................................. 33
5.5.3 R2 - Multi-unit Residential Special Requirements ......................................................................... 33
5.5.3.1 R2 Abutting Yard Requirements ................................................................................................. 33
5.5.4 AG - Agricultural Special Requirements ........................................................................................ 34
5.5.4.1 AG Existing Non-Farm Residential Uses .................................................................................... 34
5.5.4.2 Subdivision in Agricultural Zones ................................................................................................ 34
5.5.4.3 AG Farm Supportive Uses ......................................................................................................... 34
5.5.4.4 AG Prohibited Uses Except by Development Agreement ............................................................ 34
5.5.4.5 AG Abutting Yard Requirements ................................................................................................ 34
5.5.5 C1 - Local Commercial Special Requirements .............................................................................. 35
5.5.5.1 C1 Residential & Commercial Mixed-Use Development .............................................................. 35
5.5.5.2 C1 Abutting Yard Requirements ................................................................................................. 35
5.5.6 C2 - Highway Commercial Special Requirements ......................................................................... 35
5.5.6.1 C2 Residential & Commercial Mixed-Use Development .............................................................. 35
5.5.6.2 C2 Abutting Yard Requirements ................................................................................................. 35
5.5.7 M1 - Local Industrial Special Requirements .................................................................................. 36
5.5.7.1 M1 Uses By Development Agreement ........................................................................................ 36
5.5.7.2 M1 Abutting Yard Requirements................................................................................................. 36
5.5.8 M2 - Industrial/Business Park Special Requirements .................................................................... 36
5.5.8.1 M2 Abutting Yard Requirements................................................................................................. 36
5.5.9 I1 - Institutional Special Requirements .......................................................................................... 37
5.5.9.1 Re-use of Places of Worship ...................................................................................................... 37
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5.5.10 LCR and GW - Water Supply Protection Requirements .............................................................. 37
5.5.10.1 GW - Well Head and Watercourse Protection .......................................................................... 37
5.5.10.2 LCR and GW - Uses Prohibited in Water Supply Protection Zones .......................................... 37
5.5.10.3 LCR and GW - Public and Private Utilities and Municipal Service Facilities .............................. 39
5.5.10.4 LCR and GW - Erosion and Sedimentation Control .................................................................. 39
5.5.10.5 LCR and GW - Altering Levels of Land .................................................................................... 39
5.5.10.6 LCR - Lake Cady Christmas Tree Operations .......................................................................... 40
APPENDIX A
ZONING MAP ................................................................................................... 1
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ANNAPOLIS COUNTY LAND USE BYLAW
Annapolis County LUB
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Part 1 TITLE, INTRODUCTION AND PURPOSE
The Land Use Bylaw regulates the use, conservation, and development of land, habitat, buildings, and
signs in pursuit of the objectives of Annapolis County's Municipal Planning Strategy (MPS). The Land Use
Bylaw (LUB) serves as a regulatory document that governs what may occur on a piece of property
depending on that property's zoning. It provides each parcel in the County with a specific land use
designation that defines the specific types of uses that can occur on that parcel.
The intent and goal of a land use bylaw is to ensure orderly, efficient, and sustainable development that
maintains a high quality of life and protects the public good while ensuring proper development and
economic opportunity through clearly defined rules and regulations.
Land use bylaws are a tool used to maintain and enhance the quality of life of residents by providing
opportunities to attain individual and community aspirations; conserve and enhance the environmental
quality in Annapolis County; and foster planned, efficient, economical and beneficial development that
provides a diversity of choice, lifestyle, and environment.
1. This Bylaw shall be known and may be cited as the "Annapolis County Land Use Bylaw" for the
Municipality of the County of Annapolis and shall apply to all the lands within the Municipality of
the County of Annapolis, hereinafter referred to as the Planning Area, as defined by the Zoning
Map (Appendix A).
2. The purpose of this Land Use Bylaw is to carry out and implement the land use development
policies contained within the Annapolis County Municipal Planning Strategy in accordance with
the Municipal Government Act (MGA). The MGA also enables the Municipality of the County of
Annapolis to adopt a Subdivision Bylaw to control the division of land. These three documents
provide the framework for planning and development in the Planning Area.
3. The regulations and standards contained within this Bylaw that apply to the development and use
of property are as follows:
-
Zoning Map (Appendix A) to determine which zone the property is located
-
The definitions section to determine how specific developments or lot conditions are defined
or applied to a development (Part 2)
-
The administration and interpretation section to define permit requirements (Part 3)
-
The general provisions section, which applies to all zones (Part 4)
-
The requirements respecting the particular zone in which the property is located (Part 5)
4. Property boundaries as shown on the Zoning Map (Appendix A) are continuously subject to
change due to approvals of applications for subdivision of land. They are included for information
and clarification purposes only, and do not form part of this Bylaw.
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Part 2 DEFINITIONS
For the purpose of this Bylaw, all words shall carry their customary meaning in the English dictionary
except for those defined in this PART.
1. ABUTTING means to share one or more common lot lines or a common point along a lot line.
2. ACCESSORY BUILDING means a subordinate building or structure devoted exclusively to an
accessory use on the same lot as the main building.
3. ACCESSORY USE means a use subordinate and normally incidental to a use of land or building and
located on the same lot.
4. AGRICULTURAL USE means a use of land and buildings for farming, dairying, pasturage,
agriculture, apiculture, aquaculture, floriculture, horticulture, animal and poultry husbandry, riding
stables, and petting farms and the necessary accessory uses for packing, storing, or treating the
produce, as well as the sale of goods and services produced on the farm property.
5. AGRICULTURAL-RELATED INDUSTRY means a commercial or industrial use involving the sale,
processing, sorting, grading, packaging, inspection, storage, distribution, or transportation of
agricultural crops, products, and livestock, as well as the manufacturing and production of livestock
feeds, soil additives and amenders, fertilizer, herbicide, or pesticide and the stockpiling of bulk
materials used in the production process. Facilities for the slaughtering and/or processing of
agricultural livestock, excluding a rendering plant, shall also be included along with their necessary
accessory uses and buildings.
6. AGRICULTURAL-RELATED USE means an agriculture-related ancillary use such as, but not limited
to, microbreweries, cideries, wineries, and distilleries; animal rescue and rehabilitation centres;
agricultural exhibitions; farm markets; garden centres; gardening and agricultural clubs; equine farms
involving services such as, but not limited to breeding, studding, training, boarding or riding lessons;
and agricultural institutions such as schools, research, and extension offices.
7. AGRITAINMENT USE means an agricultural-themed entertainment use such as, but not limited to,
guest ranching/farm operations, petting farms or zoos, hayrides, u-picks, pumpkin patches, hedge or
corn mazes, riding and walking trails, farm tours, workshop or farm demonstrations, garden centres,
farm markets, museums, and other indoor or outdoor entertainment uses based on agricultural topics
and/or using agricultural props.
8. ALTER means any change in the structural component of a building or any increase in the volume of
a building or structure and may also refer to a change in use.
9. ANIMAL RESCUE AND REHABILITATION CENTRE means the use of land, buildings, and structures
where temporary care, treatment, and rehabilitation of injured, sick, displaced, or orphaned
agricultural, domestic, or native wildlife with the goal of returning/placing a healthy animal in a
permanent off-site placement or back to the wild, not including permanent boarding facilities.
10. ATTACHED means a building, otherwise complete, that has a division wall or walls shared with an
abutting building, which provides structural support to one or both buildings or is required to
completely enclose one or both buildings.
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11. AUTO BODY SHOP means a building or a clearly defined space on a lot used for the storage, repair,
and servicing of motor vehicles including body repair, painting and engine rebuilding but does not
include an automobile service station or an automobile sales establishment.
12. AUTOMOTIVE IMPOUND YARD means a lot used for the confiscation and storage of automotive
vehicles, including boats, and recreational campers, along with an accessory uses or structures, but
does not include the storing of vehicles for the salvaging of parts or scraps.
13. AUTOMOTIVE SALES AND RENTALS means a lot and or building used for the sale or rental of new
or used automotive vehicles, including boats and recreational trailers.
14. BED AND BREAKFAST ESTABLISHMENT means a single-unit residential dwelling, licensed under
the Tourist Accommodation Registration Act and Regulations, in which the operator supplies, for
compensation, rooms that are rented or hired out to accommodate the traveling public for sleeping
purposes and where a general kitchen and dining room are provided within the building for the
purpose of serving meals only to overnight guests.
15. BOARDING OR ROOMING HOUSE means a single-unit residential dwelling in which the operator
supplies either room or room and board for compensation on a weekly or monthly basi, and which is
not open to the public, but does not include a dwelling-group care facility.
16. BUFFERING / BUFFER STRIP means a treed or landscaped area intended to separate and screen
the view of abutting land uses or properties from each other.
17. BUILDING means any temporary or permanent main or accessory structure used or built for the
accommodation or enclosure of persons, animals, materials or equipment.
18. BUILDING INSPECTOR means the building inspector of the Municipality of the County of Annapolis.
19. BUILDING LINE means any line regulating the position of a building on a lot.
20. BUSINESS AND PROFESSIONAL OFFICES means a building or part of a building where business
may be transacted, a service performed, management and general supervisory functions performed,
or consultation given by, but not limited to administrators, lawyers, architects, planners, engineers,
accountants, private consultants and similar professions, but shall not include veterinary clinics or the
manufacturing of any product or the on-site retailing or selling of goods.
21. BYLAW means this Bylaw, which is the Land Use Bylaw for the Annapolis County Planning Area of
the Municipality of the County of Annapolis.
22. CAMPGROUND means an area of land for the temporary accommodation and access to facilities for
people using travel trailers, motorized motorhomes, tents, cabins, cottages or to park a recreational
vehicle that is licensed under the Tourist Accommodation Registration Act and Regulations, and may
include accessory buildings, structures, and uses, but does not include a mobile home park.
23. CEMETERY means land or buildings used for the interment of the dead, either human or pets, and
may include a burial ground, a mausoleum vault or a columbarium for the storage of remains or
ashes, a chapel for internment services, open spaces and memorial parks.
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24. CLINIC means a building or part of a building used by a medical practitioner for the medical, dental,
surgical, or therapeutic treatment of human patients, patients, including the retail sales of
products/goods related to the clinic, but does not include an overnight facility.
25. CLUB means:
a) CLUB, COMMERCIAL means the use of a building for a meeting place primarily operated for
monetary gain.
b) CLUB, PRIVATE means the use of a building for a meeting place for members of an organization,
fraternal group, lodge or labour union hall.
26. CONTINUING CARE RESIDENTIAL COMMUNITY means a group of buildings, services and amenity
areas that offers multiple levels of care (independent living, assisted living, skilled nursing care, long
term care facilities) housed in different areas in the same location and operates as one integrated
facility and may include the provision of residential services (meals, housekeeping, laundry), social
and recreational services, health services, personal care, and nursing care to individuals or couples
who require assistance with daily living.
27. COMMERCIAL RECREATIONAL CENTRE means a building or lot or part of a building or lot used for
commercial recreation or entertainment purposes such as but not limited to arcades and game
rooms, billiard or pool halls, bingo halls, botanical and zoological exhibits, bowling alleys, cinemas or
theatres, dance halls, golf courses and driving ranges, miniature golf courses, and sporting venues,
such as hockey and skating rinks, soccer and baseball fields, and running tracks and similar uses to
the foregoing, together with necessary and accessory buildings and structures. Unless otherwise
stated in this bylaw casinos, adult entertainment uses, and tracks for the racing of animals or any
form of motorized vehicles are not included as a commercial recreational centre.
28. COMMERCIAL EDUCATIONAL & LEARNING CENTRE means a learning or educational center
conducted for monetary compensation and includes a privately operated school, college, or university
as well as similar uses such as but not limited to a language and driving school but does not include
daycares.
29. COMMERCIAL MEETING SPACE means a space, spaces, or a building available for lease for
weddings or similar gatherings, and for special events including the temporary sale of goods and/or
services for a prescribed period of time not exceeding one year.
30. COMMUNITY CENTRE means any building or part thereof used for community activities, whether
used for commercial purposes or not, the control of which belongs to the Municipality, a local board or
agent thereof, or a non-profit organization.
31. CONSTRUCTION INDUSTRY means a use primarily involving the construction, manufacturing,
development, redevelopment, or rehabilitation of buildings and real estate, including roadbuilding.
32. COTTAGE means a structure having a roof supported by columns or walls, built, constructed, placed
or located on a lot and used for human habitation, typically intended for temporary or seasonal, that is
rustic in nature and may lack an on-site sewage disposal system, a piped-in water supply or grey
water disposal system.
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33. COURT means an open uncovered and unoccupied space appurtenant to a building and bounded on
two or more sides by walls of a building.
34. CULTURAL CENTRE means a museum, theater, art center, music hall, or other cultural or arts
facility, the control of which belongs to a government body, a local board or agent thereof, or a non-
profit group.
35. DAY CARE means:
a.
DAY CARE CENTRE, NON-RESIDENTIAL means a place where three or more children or
adult seniors are cared for on a temporary daily basis for compensation without overnight
accommodation but does not include a school.
b.
DAY CARE CENTRE, RESIDENTIAL means that portion of a residential dwelling which is
used to accommodate more than three but fewer than seven children or adult seniors who are
cared for on a temporary basis for compensation without overnight accommodation.
36. DEVELOPMENT means to build, place, locate, relocate, construct, reconstruct, replace, enlarge or
add to, alter, convert, or alter any building, structure, land, or land use and without limiting the
generality of the foregoing, shall be taken to include any preliminary physical operation such as
excavating, grading, piling, cribbing, or filling; structurally altering any existing building or structure by
an addition, deletion, enlargement, or extension.
37. DEVELOPMENT OFFICER is the person or persons appointed to administer this Bylaw.
38. DWELLING means a building or a portion thereof, occupied or capable of being occupied as a home,
residence or sleeping place by one or more persons, containing one or more dwelling units, and shall
not include a hotel or motel or apartment hotel or a travel trailer or other recreation vehicle.
a.
DWELLING UNIT means one or more habitable rooms designed, occupied or intended for use
by one or more individuals as an independent and separate housekeeping establishment in
which cooking, sleeping, and sanitary facilities are provided for the exclusive use of such
individual or individuals.
b.
DWELLING, SINGLE-UNIT means a residential building consisting of one dwelling unit that is
fully located on a lot, and, unless otherwise stated in this Bylaw, includes mobile and tiny
homes.
c.
DWELLING, TWO-UNIT means a residential building that is divided into two dwelling units,
each of which has independent entrances either directly to the outside or through a common
entrance from the street level.
d.
DWELLING, MULTI-UNIT means a residential building located on a single lot containing three
or more dwelling units, which have individual entrances or a common entrance from the street
level
e.
DWELLING, SECONDARY SUITE means a single-unit dwelling accessory to the main
residential use, either attached or located within the main residential building or located within
an accessory structure, often referred to as an in-law suite, basement apartment, or backyard
suite.
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39. EXISTING means legally existing as of the effective date of this Bylaw.
40. EXTRACTIVE-RELATED FACILITIES means the use of and structures related to, associated with
and/or fundamental to the operation of an extractive surface, or underground mine, pit, quarry or drill
site, including those lands, buildings and structures related to, associated with and/or fundamental to
the storage, washing, crushing, sifting, reducing, leaching, weighing, processing, distribution and/or
sale of such extracted materials, including but not limited to, sand, gravel, oil and natural gas,
minerals, stone, rock or clay.
41. FARM MARKET means an indoor or outdoor market at which local farmers, producers, and growers
can sell processed or unprocessed agricultural products directly to customers and may include other
local vendors selling products such as goods created in an art or craft workshop.
42. FIRST STOREY means the uppermost storey having first floor level not more than 2.0 m (6.5 feet)
above grade.
43. FLOOR AREA means:
a.
WITH REFERENCE TO A DWELLING means the maximum area contained within the outside
walls excluding any attached garage, porch, verandah, unfinished attic or basement or other
room not habitable at all seasons of the year
b.
WITH REFERENCE TO A DWELLING UNIT where more than one unit is contained within a
dwelling, means the maximum floor area contained within the finished wall surfaces of an
individual dwelling unit, excluding closets, built-in cabinets and storage areas, and balconies.
c.
FLOOR AREA, COMMERCIAL means the total usable floor area within a building used for
commercial purposes but excludes furnace and utility rooms, washrooms and excluding, in the
case of shopping malls, common hallways between stores.
d.
FLOOR AREA, GROSS means the aggregate of the floor areas of a building above or below
grade, measured between the exterior faces of the exterior walls of the building at each floor
level but excluding car parking areas within the building; and for the purpose of this clause, the
walls of an inner court shall be considered to be exterior walls.
e.
FLOOR AREA, GROUND means the maximum area contained within the outside walls of the
ground floor of a building excluding any attached garage, porch, verandah, or other room not
habitable at all seasons of the year.
44. FORESTRY USE means:
a.
FORESTRY USE, PRIMARY OPERATION means the use of land for silviculture, cultivation,
harvesting, or gathering of trees for the purpose of fuel wood, construction lumber, pulpwood,
or other forest products and any uses associated with it, including accessory structures, but
shall not include the manufacturing or processing of such wood products.
b.
FORESTRY USE, SECONDARY OPERATION means the use of land, buildings, or structures
for the processing of harvested or gathered trees for the production of wood products such as
fuel, construction lumber and products, and pulpwood for paper manufacturing.
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45. GARDEN CENTRE means a building or outdoor area in which gardening equipment and planting
materials comprises the major portion of goods offered or kept for sale directly to the public at retail
value.
46. HABITABLE BUILDING means structure having a roof supported by columns or walls, built,
constructed, placed, or located on a lot, designed and used for the accommodation, enclosure or
assembly of human beings, regardless of whether the structure is intended for seasonal or permanent
use, or whether or not the structure is used for overnight accommodation, including residential,
commercial, institutional, industrial, and recreational buildings, but not including a camp, a tent, or a
recreational vehicle and also not including accessory buildings or structures such as sheds and
storage areas.
47. HEIGHT means, when used with reference to a building, the vertical distance between the
established grade and the highest point of the building proper, exclusive of any accessory roof
construction such as a chimney, tower, cupola or steeple.
48. HISTORICAL SITES AND INTERPRETATION CENTRES means a property or building that is
protected by a government body for a historical, environmental, or cultural reason including the use of
a lot or building to provide interpretation of the place of interest through a variety of media as well as
an accessory structure or uses.
49. HOME OCCUPATION means an accessory use of a residential dwelling by a primary occupant for
gainful employment involving the production, sale, or provision of goods and/or services.
50. HOTEL / MOTEL / TOURIST ESTABLISHMENT means a building or buildings which are used to
accommodate the traveling public for gain or profit by supplying them with sleeping accommodation,
with or without meals, and shall include a guest house, cabins, a motel, a tourist home, a hotel, and
an inn but shall not include a campground.
51. INDUSTRIAL WORKSOP means the use of a building for a sheet metal, welding, metal working, or
machine shop, including the accessory display and sale of manufacture items and products.
52. HOUSEHOLD LIVESTOCK means agricultural animals such as such as horses, cows, goats, sheep,
and pigs as well as egg-laying fowl and rabbits that may be kept in limited numbers on a residential
property.
53. INDUSTRY means:
a.
INDUSTRY, HEAVY means a use engaged in the basic processing, manufacturing, and
storage of materials or products predominately from extracted or raw materials, or that
potentially involve hazardous or commonly recognized offensive conditions.
b.
INDUSTRY, LIGHT means a use engaged in the manufacturing, predominantly from previously
prepared materials, finished products or parts, including processing, fabrication, assembly,
treatment, packaging, and incidental storage/sales/distribution such machine, metal working,
sheet metal, and welding shops or commercial soil mixing operations and composting
operations, as well as industries that use chemicals on an industrial scale such as dry cleaning
shops and laundromats.
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54. INSTRUCTION STUDIO means the use of a building for the purposes of providing instruction in
painting, sculpturing, moulding, yoga, dance or music including instruction in handicraft production,
dressmaking/tailoring, leatherworking, pottery/ceramic-making, woodworking, quilting, crocheting,
knitting, needlepoint, weaving or sewing or computer/electronics operation.
55. INSTITUTION OR INSTITUTIONAL USE means the use of land or building by any governmental
body or agency to provide service on behalf of government, and shall include an organized body or
society promoting a particular purpose with no intent of profit, such as but not limited to community
centre, cultural centres, food banks, public educational and learning centres such as but not limited to
schools, colleges and universities and visitor or information centres, but shall not include a utility, a
club, commercial community centre, commercial school or place of worship.
56. KENNEL / ANIMAL DAY CARE / ANIMAL GROOMING SALON means any facility or operation for
the purposes of accommodating, breeding, sale, or grooming of animals and may include provisions
for daytime and overnight accommodation of animals including any outdoor facilities such as pens,
runs and enclosures.
57. LANDSCAPING means any combination of trees, shrubs, flowers, grass or other horticultural
elements, decorative stonework, paving, screening or other architectural elements, all of which is
designed to enhance the visual amenity of a property or to provide a screen between properties in
order to mitigate objectionable features.
58. LICENSED LIQUOR ESTABLISHMENT means an establishment licensed by the Nova Scotia Utility
and Review Board under the Liquor Control Act, R.S.N.S., 1989, Ch 260.
59. LOADING SPACE means an area of land provided for use for the temporary parking of a commercial
motor vehicle where merchandise or materials are loaded or unloaded from the vehicles.
60. LOT means a parcel of land described in a deed or shown on an approved, registered plan of
subdivision.
a.
LOT, CORNER means a lot situated at the intersection of and abutting on two or more streets;
or upon two parts of the same street forming an interior angle of less than 130 degrees.
b.
LOT, FLAG means a lot characterized by its location of the main body of the lot generally at the
rear of another lot, or otherwise separated from the street or roadway which provides access,
and by a narrower prolongation extending from the main portion of the lot to the said street or
roadway. A flag lot generally resembles a flag on a pole in the case of a rectangular layout, or
the main body of the lot with an umbilical prolongation providing access in the case of such a
lot having irregular boundaries.
c.
LOT, INTERIOR means a lot situated between two lots and having access to one street
d.
LOT, THROUGH means a lot bounded on two opposite sides by streets or a highway provided,
however, that if any lot qualifies as both a corner lot and a through lot as herein before defined,
such lots shall be deemed to be a corner lot for the purpose of this Bylaw
e.
LOT AREA means the total horizontal area within the lot lines of a lot
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f.
LOT COVERAGE means the percentage of the lot that is covered by buildings excluding
projecting eaves, balconies, and similar features
g.
LOT FRONTAGE means the length of a line joining the side lot lines and parallel to the front lot
line
61. LOT LINE means a boundary line of a lot
a.
LOT LINE, FRONT means the lot line dividing the lot from the street or, in the case of a corner
lot, the shorter lot line abutting the street, or, in the case of a through lot, the lot line abutting
the street providing the primary access or, in the case of a lot with no street frontage, the lot
line which most closely parallels the nearest street line where access is provided.
b.
LOT LINE, REAR means the lot line furthest from or opposite the front lot line.
c.
LOT LINE, SIDE means a lot line other than a front or rear lot line.
d.
LOT LINE, FLANKAGE means a side lot line which abuts the street on a corner lot.
62. MAIN BUILDING means a building in which the principal use or purpose of the lot is located.
63. MEDICAL PRACTITIONER includes, but is not limited to, a chiropodist, chiropractor, dentist,
denturist, doctor, osteopath, optometrist, physician, or holistic or homeopathic health services
practitioner, but does not include a veterinarian.
64. MICROBREWERY means a craft brewery or cidery engaged in the production and packaging of less
than 15,000 hectolitres per year of specialty or craft beer, ale, cider, or other related beverages.
65. MICRODISTILLERY means a craft distillery or winery engaged in the production and packaging of
less than 75,000 litres per year of liquor and spirits, other than beer or wine.
66. MUNICIPALITY means the Municipality of the County of Annapolis.
67. OBNOXIOUS USE means a use which, from its nature or operation creates a nuisance or is offensive
by the creation of noise, vibration, the emission of gas, fumes, dust or objectionable odour, or by
reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter waste or other
material.
68. OUTDOOR DISPLAY means an area of land where goods are displayed, and which are available for
sale to the general public from a retail outlet located on the same lot.
69. OUTDOOR STORAGE means items such as merchandise, goods, inventory materials or equipment
which items are not intended for immediate sale and which are stored by being located on a lot
exterior to a building.
70. PARK & RECREATIONAL USES means the use of land for parks, playgrounds, open space
recreation, community gardens, open space conservation, tennis courts, lawn bowling greens, indoor
and outdoor public skating rinks, and athletic fields, band shells or pavilions, and similar uses to the
foregoing, together with necessary and accessory buildings and structures, excluding a track for the
racing of animals, or any form of motorized vehicles, except where permitted.
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a.
PARK, ACTIVE means a park and/or recreation use involving the construction of buildings
and/or infrastructure, and/or the preparation of land for a sport or recreational activity, but shall
not include public trails.
b.
PARK, PASSIVE means a park and/or recreation use that does not require prepared facilities
like sports fields or structures, but which may mean public trails including benches, signage,
and fencing and gates required to support the use of trails.
71. PARKING AREA OR PARKING LOT means an open area of land other than a street or an area
within a structure for the parking of vehicles.
72. PARKING SPACE means an area of land for the temporary parking or storage of motor vehicles.
73. PERSON includes an individual, association, firm, partnership, corporation, incorporated company,
organization, trustee or agent and the heirs, executors or other legal assigns, wards and
representatives to whom the context applies according to law.
74. PERSONAL SERVICE SHOP means a building or part of a building used to meet the individual and
personal needs of human beings, and without limiting the generality of the foregoing, may include a
barber shops, beauty parlours, automatic laundry shops, hairdressing shops, clothing and shoe repair
or maintenance, and depots for collecting dry cleaning and laundry, including the retail sales of
products/goods incidental or related to the personal service shop.
75. PLACE OF WORSHIP means a community service building or complex of buildings dedicated to
religious worship or institutions including but not limited to churches, chapels, temples, synagogues,
mosques, convents, and monasteries. A hall, administration office, residency for the clergy, cemetery,
and day nursery operation for the congregation are considered accessory uses.
76. PLANNING AREA means all the lands within the Annapolis County Planning Area, as defined by the
Zoning Map (Appendix A).
77. PREMISES means an area of land with or without buildings or structures.
78. PRIVATE OR PUBLIC ROAD/STREET/HIGHWAY means any road, street or highway defined by the
Annapolis County Subdivision Bylaw.
79. PRODUCE STAND means a single-storey moveable structure with a floor area less than 4.65 m2
(50.1 ft2), or wagon-top sales area used for the marketing, retailing, or distributing of agricultural
products grown or harvested by a primary resident of the property on which the produce stand is
located.
80. PUBLIC AUTHORITY means any Commission or Committee of the Municipality of the County of
Annapolis established or exercising any power or authority under any general or specific statute of
Nova Scotia with respect to any of the affairs or purposes of the Municipality or a portion thereof and
includes any committee or local authority established by a Bylaw of the Municipality, and any
governmental body.
81. PUBLIC RECREATIONAL CENTRE means a building or lot or part of a building or lot owned and
operated by a public authority for recreation or entertainment purposes such as dance halls, bowling
alleys, golf courses, golf driving ranges, miniature golf courses, roller skating rinks, botanical and
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zoological exhibits, and sporting venues such as hockey and skating rinks, soccer, and baseball
fields, and running tracks and similar uses to the foregoing, together with necessary and accessory
buildings and structures.
82. RECREATIONAL VEHICLE means a vehicular, portable unit designed for travel, camping or
recreational use, including a Class A, Class B, and Class C motor home, a travel trailer, a fifth wheel
recreational vehicle, a folding or pop-up tent trailer, or a pick-up camper.
83. RECYCLING DEPOT means a premises on which recoverable materials such as newspaper,
glassware, plastic, and metal cans are separated and stored prior to shipment but does not include
any processing of the material or a salvage yard.
84. REPAIR SHOP means the use of a building for the installation or repair of office and household
articles such as furniture, appliances, computers, electronics, and entertainment equipment, including
the accessory display and sale of such items repaired.
85. RESIDENTIAL CARE COMMUNITY means an individual building or a group of buildings, services
and amenity areas that are regulated under the Nova Scotia Homes for Special Care Act or Health
Authorities Act and offer multiple levels of care or treatment, such as but not limited to assisted living,
independent living, group homes, senior homes, skilled nursing care, hospice, and long term care
facilities and may be operated as a standalone service or as integrated multi-service facility. These
services may include the accessory uses and services such as the serving of meals, housekeeping,
social and recreational services, health services, personal care and nursing care.
86. RESTAURANT means a building or part thereof where food and drink are served to the public for
consumption within the building. RESTAURANT, DRIVE-IN OR TAKE-OUT means a restaurant that
does not necessarily provide facilities for consumption thereof on the premises other than parking
areas.
87. RETAIL STORE means a building or part thereof in which new or used merchandise or things are
offered or kept for sale directly to the public at retail cost and may include the rental of merchandise,
articles or goods.
88. SCRAP YARD OR SALVAGE YARD means an area of land used for the storage, handling or
processing of and sale of scrap material, and without limiting the generality of the foregoing, may
include wastepaper, rags, bones, used bicycles, vehicles, tires, appliances, metals, or other scrap
material or salvage, but shall not include a hazardous waste material storage or disposal site or
recycling depot.
89. SCREENING means the method by which a view of one site from another adjacent site is shielded,
concealed, or hidden.
90. SEPARATION DISTANCE means a horizontally measured portion of a lot which is required to
physically separate incompatible land uses.
91. SERVICE SHOP means the processing of milk and dairy products for sale, bakery, butcher shop, not
including the slaughtering of animals, paint shop, printing establishment, photography studio or
photographic processing lab, laundry or dry-cleaning establishment, upholstery shop, high pressure
wash facilities, and carpet or house cleaning establishment.
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92. SERVICE STATION means the use of a building for the sale of automotive fuels, electricity,
lubricating oils, and/or the accessory sale of automotive accessories, servicing and repair of motor
vehicles, a car wash, convenience store, and/or restaurant but shall not include an auto body shop,
unless otherwise stated in this Bylaw.
93. SETBACK means the distance between the lot line and the nearest main wall of the main building or
structure on the lot.
94. SHOPPING CENTRE OR MALL means a building on a lot designed, developed and managed as a
unit by a single owner or tenant, or a group of owners or tenants containing a group of commercial
uses and distinguished from a business area comprising unrelated individual owned uses and
characterized by sharing of common parking area and driveways.
95. SHORT-TERM RENTAL means a dwelling unit or part thereof that is used mainly for the reception of
the traveling or vacationing public and is provided as temporary accommodation for compensation for
a period of 28 days or less.
96. SIGN means any structure, device, light or natural object including the ground itself, or any part
thereof, or any device attached thereto, or painted or represented thereon, which shall be used to
identify, advertise, or attract attention to any object, product, place, activity, person, institution,
organization, firm, group, commodity, profession, enterprise, industry, or business, or which shall
display or include any letter, word, model, number, banner, flag, pennant, insignia, device or
representation used as an announcement, direction, or advertisement, and which is intended to be
seen from off the premises or from a parking lot.
a.
SIGN, DIRECTORY means a sign erected or authorized to be erected by Council that may be
erected on public property listing the names and locations of local businesses.
b.
SIGN, GROUND means a sign supported by one or more uprights, poles or braces placed in or
upon the ground, and shall include temporary or portable signs.
c.
SIGN, ILLUMINATED means a sign that provides artificial light directly, or through any
transparent or translucent material, from a source of light connected with such a sign, or a sign
illuminated by a light focused upon or chiefly directed at the surface of the sign.
d.
SIGN, PROJECTING WALL means a sign which projects from and is supported by a wall of a
building and on which the face is not approximately parallel to the supporting wall and can
include an awning or canopy structure where such a structure is used as a sign.
e.
SIGN, FACIAL WALL means a sign which is attached directly to or painted upon a building wall
and where the face is approximately parallel to the wall.
f.
SIGN, SIGN AREA means the area of the smallest geometrical figure which can wholly
enclose the surface area of the sign. All faces of a multi-faced sign shall be counted separately
and totalled in calculating sign area.
g.
SIGN, PORTABLE OR MOBILE means a sign designed to be carried, pulled, pushed, or
hauled and which is not permanently fixed in one location.
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h.
SIGNS, NUMBER OF means a single display surface or display device containing elements
organized, related, and composed to form a unit; and when matter is displayed in a random
manner without organized relationship of elements, or when there is reasonable doubt about
the relationship of elements, then each element is considered to be a single sign.
i.
SIGNS, OFF PREMISE (OFF-SITE) means a freestanding ground sign or facial wall sign
(commonly referred toas a "billboard") erected on a lot by someone other than the person or
company wishing to advertise a product or service the display of which has no direct
relationship to the business or use on the lot.
97. SMALL OPTION HOMES means a residential building that is used as a community home regulated
by the Nova Scotia Homes for Special Care Act, in which no more than four residents are supported
by qualified staff through a combination of live-in and shift models.
98. SOLAR POWER means the use of the sun's energy either directly as thermal energy (heat) or
through the use of photovoltaic cells in solar panels and transparent photovoltaic glass to generate
electricity.
a.
SOLAR, GROUND MOUNTED means a solar power solution that can be easily implemented
in a yard or field where the panels are installed directly on the ground.
b.
SOLAR, ROOF TOP is a photovoltaic system that has its electricity generating solar panels
mounted on the rooftop of a building or structure.
99. STOREY means that portion of a building situated between the top of any floor and the top of the floor
next above it and, if there is no floor above it, that portion between the top of such floor and the
ceiling above it and shall not include any building level below grade or that rise less than 1.5 m (5
feet) above grade.
100. STRATEGY means the Annapolis County Municipal Planning Strategy (MPS).
101. STREET LINE means the boundary line of a street or road.
102. STRUCTURE means anything that is erected, built, or constructed of parts joined together or any
such erection fixed to or supported by the soil or by any other structure.
103. TAXICAB OPERATIONS means the use of a building or land to park commercial vehicles used in
the transportation of humans, as well as the administration of a taxicab operation through the housing
of communication equipment to connect clients and drivers.
104. TINY HOME means a dwelling unit that is 37.0 m2 (398.3 ft2) or less in floor area as outlined in the
Nova Scotia Building Code Regulations.
105. TRAIL means a path or lane cleared of vegetation and other obstructions to facilitate its use for non-
motorized transportation, such as but not limited to hiking, walking, cross-country skiing, or horseback
riding together with any necessary and accessory structures such as barriers, boardwalks, gates,
signage, and bridges.
106. TRAIL, MULTI-USE means a trail that in addition to non-motorized travel permits limited for forms of
motorized travel including all-terrain vehicles, off-road motorcycles, and snowmobiles, together with
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any necessary and accessory structures such as barriers, gates, signage, and bridges.
107. UTILITY means any public or private system, works, plant equipment or services which provides
services at approved rates to or for the use of the general public.
108. VETERINARY CLINIC / ANIMAL HOSPITAL means a facility for the medical care and treatment of
animals including provisions for their overnight accommodation and includes any associated outdoor
facilities such as kennels, pens, runs and enclosures.
109. VARIANCE means a change to a standard in this Bylaw or a development agreement pursuant to
the Bylaw that may be approved by the Development Officer as provided in Section 235 of the MGA.
110. WAREHOUSE AND DISTRIBUTION CENTRE means a building used primarily for the storage and
distribution of goods and materials and may include wholesale or retail activity, provided such activity
is subordinate to the main warehousing use.
111. WASTE TRANSFER AND PROCESSING means a building or lot used for the holding, process, or
disposing of waste such as but not limited to landfills, solid waste transfer stations and construction
debris disposal sites.
112. WATERCOURSE means a lake, river, stream, ocean, wetland, or other body of water.
a.
WATERCOURSE, COASTAL means any body of water that is primarily fed by the Atlantic
Ocean, or an extension of the Atlantic Ocean such as the Annapolis Basin or Bay of Fundy.
b.
WATERCOURSE, INTERIOR means any body of water that is primarily fed by an underground
spring or by precipitation and runoff, such as a lake, river, pond, or stream.
113. WHOLESALE ESTABLISHMENT means a building in which commodities in quantity are offered for
sale chiefly to industrial, institutional and commercial uses or to retailers or other merchants mainly
for resale or business use.
114. WIND TURBINE means a structure or device that produces power by capturing the kinetic energy in
surface winds created by the sun and converting it into energy in the form of electricity and includes
the tower, rotor blades, and the foundation, and includes:
a.
WIND TURBINE, MINI means a roof mounted turbine or a free-standing turbine with a wind
turbine height of 10.6 m (35 feet) or less
b.
WIND TURBINE, SMALL SCALE means a wind turbine height greater than 10.6 m (35 feet)
but less than 47.2 m (155 feet)
c.
WIND TURBINE, LARGE-SCALE means a wind turbine height greater than 47.2 m (155 feet).
115. WIND TURBINE HEIGHT means the total vertical height of the entire wind turbine structure being
the sum of the height of the support foundation above grade, measured at the base of the tower, the
turbine tower itself, and the highest vertical extension of the wind turbine rotor blades, generally
expressed as half of the rotor blade sweep or diameter.
116. WORKSHOP means a building, structure, or part of a building or structure used for the
manufacturing or repairing of goods, including:
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a.
WORKSHOP, ARTIST means the use of a building for the production of artist's works/products
including the exhibition/display and retail sales of works/products, such as paintings,
sculptures, or other works of art.
b.
WORKSHOP, CRAFT means the use of a building for the production or repair of handicrafts,
toys, garden, or household art, ornaments or personal effects from dressmaking/tailoring,
leatherworking, jewelry-making, pottery/ceramic-making, wood-working, quilting, crocheting,
knitting, needlepoint, weaving, or sewing, including the exhibition/display and retail sales of
such products.
c.
WORKSHOP, CUSTOM means a building, or part thereof, used by a trade, craft, or guilds
person, such as but not limited to, a carpenter, plumber, electrical contractor, or smith. It can
include the manufacturing or repairs of small quantities of articles and goods, but excluding
motor vehicles or their parts or accessories, and the accessory sale of their products or work.
117. YARD means an open, uncovered space on a lot appurtenant to a building (except a court) and
unoccupied by buildings or structures except as specifically permitted elsewhere in this Bylaw.
a.
YARD, ABUTTING means a yard which is contiguous with or extends across one or more zone
boundaries and can extend across all or part of a side, rear or front yard.
b.
YARD, FLANKAGE means the side yard of a corner lot which side yard extends from the front
yard to the rear yard between the FLANKAGE lot line and the nearest wall of any main building
or structure.
c.
YARD, FRONT means a yard extending across the full width of a lot between the front lot line
and the nearest wall of any main building or structure on the lot; and a minimum front yard
means the minimum depth allowed by this Bylaw of a front yard on a lot between the front lot
line and the nearest wall of any main building or structure on the lot.
d.
YARD, REAR means a yard extending across the full width of a lot between the rear lot line
and the nearest wall of any main building or structure on the lot; and a minimum rear yard
means the minimum depth allowed by this Bylaw of a rear yard on a lot between the rear lot
line and the nearest wall of any main building or structure on the lot.
e.
YARD, SIDE means a yard extending from the front yard to the rear yard of a lot between a
side lot line and the nearest wall of any main building or structure on the lot; and a minimum
side yard means the minimum width allowed by this Bylaw of a side yard on a lot between the
side lot line and the nearest wall of any main building or structure on the lot.
118. ZONE means a designated area of land shown on the Zoning Map (Appendix A).
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Part 3 ADMINISTRATION AND INTERPRETATION
SECTION 3.1 ADMINISTRATION
This Bylaw shall be administered by the Development Officer(s).
SECTION 3.2 COMPLIANCE WITH OTHER BYLAWS
Nothing in this Bylaw shall exempt a person from complying with the requirements of any other Bylaw of
the Municipality or from obtaining any license, permit or approval required by this or any other Bylaw of
the Municipality or any regulation of the Province or the Government of Canada. Where these provisions
conflict with those of any other Bylaw of the Municipality or a regulation of the Province or the
Government of Canada, the higher or more stringent regulation shall prevail.
SECTION 3.3 INTERPRETATION OF ZONE BOUNDARIES AND SYMBOLS
The symbols used on the Zoning Maps refer to the corresponding zones established in this Bylaw. The
requirements of this Bylaw shall apply to all zones and the boundaries between and extent of the zones
shall be determined as follows:
1. Where a zone boundary is indicated as following private or public street, road, or highway the
boundary shall be the centre line of such unless otherwise indicated;
2. Where a zone boundary is indicated as approximately following lot lines the boundary shall follow the
lot lines;
3. Where a watercourse, railroad, railway or transmission line right-of-way is shown on the Zoning Map
as a zone boundary, the centre line of the right-of-way or watercourse shall be considered the
boundary between the zones unless otherwise indicated; and
4. Where none of the above apply, and where appropriate, the zone boundary shall be scaled from the
Zoning Maps.
SECTION 3.4 INTERPRETATION OF CERTAIN WORDS
In this Bylaw, words used in the present tense include the future tense; singular number include the
plural; and vice versa; the word "used" includes "arranged to be used," "designed to be used," and
"intended to be used," and the word "shall" is mandatory.
SECTION 3.5 PERMITTED USES
In this Bylaw, any use not listed as a permitted use in a zone is considered prohibited unless otherwise
indicated. Where a permitted use is defined in this Bylaw, the uses permitted include any similar uses that
satisfy such definition, except where a definition specifically excludes any similar use.
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SECTION 3.6 DEVELOPMENT PERMIT
Unless otherwise stated in this Bylaw, no person shall undertake a development on a lot within the
Planning Area without first obtaining a development permit from the Development Officer subject to the
following:
1. The development permit meets the requirements of this Bylaw, an approved development agreement
or by site-plan approval except where a variance is granted or if the use or structure is non-
conforming in which case a permit shall be granted according to the MGA;
2. A development permit will only be issued for a building/structure that is placed fully within a lot so that
it does not cross any lot lines, except where a building is divided into two or more separate units by a
wall or walls that shall be aligned on top of a property line that divides the land associated with each
unit such that each unit may be acquired, owned, and sold by a separate owner;
3. A development permit issued under this Bylaw shall automatically lapse, and become null and void, if
the development to which it relates has not started within 12 months of the permit approval date or
the development has not been completed within two years of starting the development;
4. The Development Officer may revoke a development permit issued under this Bylaw where the
Development Officer is satisfied that the permit was issued under false or mistaken information or if
the information provided on the application is found to be inaccurate; and
5. Notwithstanding that a development permit may not be required, the development is not exempt from
meeting the requirements of this Bylaw.
SECTION 3.7 NO DEVELOPMENT PERMIT REQUIRED
Unless otherwise stated in this Bylaw, no municipal development permit shall be required for:
1. A development that involves a non-structural change to the interior or exterior of a building/structure
that will not change its shape, increase its volume or footprint, and will not change the use of the
building/structure including the addition of more dwelling units;
2. An accessory building with a gross floor area of 20.0 m2 (215 ft2) or less, accessibility ramp, bus
shelter, children's play structures, clothesline or flag pole, decks and patios less than 0.6 m (2 feet)
above grade, fences and retaining wall, home use sending/receiving antenna or dish, landscaping
structures such as a gazebo, garden trellis, pedestrian footbridge, wading, reflecting or fish ponds,
outdoor fire pits, fireplaces, barbeques, chimneys, wood stoves or furnaces, swimming pools,
temporary vehicle tent, and an outdoor supplementary power generator including internal combustion
engine generator, roof mounted mini scale wind turbines, and ground or roof mounted solar panels;
3. Forestry, agricultural, or fishery uses not including any building/structure required with such a use;
and
4. A temporary use of land as well as construction or placement of temporary structures for said use,
including but not limited to, signs, displays, yard sales, flea markets, fairs, concerts, or festivals
provided that such uses remain in place no longer than fifteen consecutive days.
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SECTION 3.8 APPLICATION FOR DEVELOPMENT PERMIT
Every application for a development permit submitted to the Development Officer shall be accompanied
by a sketch or site plans, drawn to an appropriate scale, showing:
1. The true shape and dimensions of the lot to be used;
2. The location, height, dimensions, and proposed use of the building/structure or land use proposed to
be developed on the lot;
3. The location of every building or structure already on the lot, and if required the approximate location
of buildings on abutting lots;
4. The proposed location and dimensions of any parking spaces, loading spaces, driveways, access
points to a public or private street(s) and road(s) and if required landscaped areas;
5. Where applicable, a vegetative cover or soil retention plan; and
6. Any other information that the Development Officer deems necessary to determine whether or not the
proposed development conforms to the requirements of this Bylaw.
Where the Development Officer is unable to determine whether the proposed development conforms to
this Bylaw, the Development Officer may require that the plans submitted under SECTION 3.6 be based
on an actual plan of survey certified and stamped by a Nova Scotia Land Surveyor.
SECTION 3.9 SIGNATURE FOR APPLICATIONS
The application for a development permit shall be signed by all registered owners of the property or by
the owner's agent, duly authorized in writing by the registered owner of the property to act for or on behalf
of the registered owners.
SECTION 3.10 APPLICATION FEE
Every application for a planning strategy amendment, development permit, variance, site plan approval,
development agreement or LUB amendment shall be accompanied by a form of payment acceptable to
the Municipality in the amount specified by Municipal Council. Where an application to amend this Bylaw
or to enter into a development agreement is made, the applicant shall deposit with the Municipal Clerk for
Annapolis County, an amount established by the Clerk to be sufficient to pay the costs of all advertising
and notification required. If the amount paid is not sufficient to cover the costs incurred, then the applicant
shall pay to the Clerk the additional amount required. If the amount paid is more than sufficient, then the
Clerk shall refund the excess amount.
Where Council decides not to proceed with the application, development permit, or variance or it is
withdrawn by the applicant, or rejected by the Development Officer, the deposit shall be returned to the
applicant, less the cost of any incurred advertising or notification cost to date.
SECTION 3.11 EFFECTIVE DATE OF BYLAW
This Bylaw shall take effect when approved by the Minister assigned under the MGA and notification is
provided in a newspaper circulating in the Municipality.
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Part 4 GENERAL PROVISIONS
SECTION 4.1 MULTIPLE USES
Where any land or building is used for more than one purpose, the requirements of this Bylaw shall be
interpreted so that the highest or most restrictive standard required for a use is applied to all uses.
SECTION 4.2 MULTIPLE BUILDINGS ON A LOT
More than one main building may be permitted on a lot by site plan approval in accordance with MPS
Policy 6.2.1.7 and the evaluative criteria set out in MPS Policy 7.3.4.1.
SECTION 4.3 ACCESSORY USES PERMITTED
Where this Bylaw provides that any land, building, or structure may be used for a purpose, the purpose is
deemed to include any accessory or ancillary uses, buildings or structures, subject to the requirements of
this Bylaw.
SECTION 4.4 ACCESSORY BUILDINGS AND STRUCTURES
An accessory building or structure shall be permitted in any zone in the Annapolis County Planning Area
and may be used as an accessory use but shall not:
1. Be used for human habitation, unless permitted by Section 4.14;
2. Be located in the minimum front or flankage yard(s) of a lot in the R1 or R2 Zones;
3. Exceed two storeys or the maximum zone height, with the exception of permitted wind turbines;
4. Be built closer than 1.2 m (4 feet) to a lot line, unless otherwise provided for in this Bylaw;
5. Be built within 1.8 m (6 feet) of the main building or 1.2 m (4 feet) of another accessory building or
structure on the same lot except that a double wall outdoor fuel or oil storage tank or an outdoor fuel
or oil storage tank containment structure capable of containing the full volume of the fuel or oil
storage tank shall be considered an accessory structure in the LCR1, LCR2, LCR3, LCR4, GW3, and
GW4 Zones, and may be located within 0.2 m (0.6 feet) of the main building;
6. Be permitted on a separate lot in the R1 or R2 Zones;
7. Be considered an accessory building if attached to the main building by a shared structural wall,
although it may be attached to a main building on the same lot by an open or enclosed walkway or
breezeway; and
8. Be constructed prior to the time of construction of the main building or establishment of the main use
except in the MX Zone.
SECTION 4.5 TEMPORARY CONSTRUCTION USES
The temporary construction, use, or placement of a building/structure incidental to construction is
permitted in all zones provided a development permit has been issued for the main construction project
and the temporary building/structure does not remain for more than 90 days after the construction is
completed. Temporary construction uses include but are not limited to, a work or construction camp or a
worker's trailer, sales or rental office, tool or maintenance shed, fencing, and scaffolding.
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SECTION 4.6 NON-CONFORMING USES AND STRUCTURES
Any legal use of land or the development of a building/structure completed or approved before the
effective date of this Bylaw that does not meet the requirements of this Bylaw or the uses permitted within
the zone in which the lot is located, shall be subject to the MGA provisions respecting non-conforming
uses and structures, unless otherwise stated in this Bylaw.
A non-conforming land use, building, or structure that does not meet the lot area, frontage, or setback
requirements, may be enlarged, reconstructed, repaired, or renovated provided the development does not
further reduce any non-conforming setbacks, lot area, or ground cover requirements and all other
applicable requirements of this Bylaw are satisfied.
The use of a non-conforming building/structure or land may be changed to a use permitted in the zone in
which the lot is located, maintaining non-conforming setbacks, lot area, or ground cover requirements,
provided all other applicable requirements of this Bylaw are met.
SECTION 4.7 RESTORATION TO A SAFE CONDITION
Nothing in this Bylaw shall prevent the restoration to a safe condition of any building or structure as
outlined within the MGA.
SECTION 4.8 STREET FRONTAGE
No development permit shall be issued for a lot that does not abut and front on a public or private street,
road, or highway, unless the lot was in existence on or before the effective date of this Bylaw.
Lots existing on or before the effective date that do not meet the street frontage requirements of this
Bylaw may be developed, provided all other applicable requirements of this Bylaw are met and, in the
case of a no-frontage lot, an approved right-of-way has been granted to allow access to the lot. Where
the lot lines of an existing lot that lacks street frontage are altered, but the lot still does not meet the street
frontage requirement, this regulation shall still apply.
SECTION 4.9 EXISTING UNDERSIZED LOTS
Notwithstanding the area requirements of this Bylaw, a lot in existence on or before the effective date of
this Bylaw, having less than the minimum area required by this Bylaw, may be used for a purpose
permitted in the zone in which the lot is located and a developed permit shall be granted for a permitted
use on the lot provided that all other applicable requirements of this Bylaw are satisfied. Where the lot
lines of existing undersized lots are altered so as to increase the area or frontage of the lot, but the lot
remains an existing undersized lot, this regulation shall still apply.
Where a building or structure is located on an undersized lot in existence on or before the effective date
of this bylaw and fails to meet the requirements of this Bylaw regrading area, frontage, or setbacks
requirements, the building/structure may be used for any use permitted in the zone in which the lot if
located, provided that all other applicable requirements of this Bylaw are met.
SECTION 4.10 SIDE YARD WAIVER
Notwithstanding the minimum side yard requirements of this Bylaw, where main or accessory buildings or
structures on abutting lots share a common wall, the applicable side yard requirement shall be zero.
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SECTION 4.11 CONFORMITY WITH EXISTING SETBACKS
Where a main building is proposed to be built or expanded between main buildings on adjacent lots, the
proposed or expanded building may be built with a front yard setback equal to the average established
front yard setback of the main buildings located on the adjacent lots within 100.0 m (328 feet) of the
proposed development, but the minimum front yard setback shall not be less than of 3.0 m (10 feet).
SECTION 4.12 REDUCED REQUIREMENTS - LOT FRONTAGE
Notwithstanding the minimum lot area and lot frontage requirements of this Bylaw, development permits
shall be issued for lots created pursuant to the Subdivision Bylaw, where:
1. A lot along a public or private street, road, or highway containing two or more main buildings is
subdivided such that the normal lot area and frontage requirements cannot be met, provided that
each new lot and the remainder lot contain at least one main building or structure and a minimum
of 6.1 metres (20 feet) of lot frontage, and all other applicable requirements of this Bylaw are
satisfied;
2. A flag lot is created that has a minimum of 12.2 m (40 feet) of lot frontage and all other applicable
requirements of this Bylaw are satisfied;
3. Where a lot is created for a park and recreation use, in which the control and/or operation is
vested in a public authority or agency thereof, that has a minimum road frontage of 6.1 metres
(20 feet);
4. Two lots are created that have less than the required frontage and/or lot area provided that
neither reduction is less than ninety percent (90%) of the required minimums for that zone; and
5. Where the land being subdivided is to address a development component of a permanent
nature, such as mature trees, a driveway, well, or septic tank that is encroaching in or upon an
immediately abutting lot, and all other applicable requirements of this Bylaw are satisfied.
SECTION 4.13 PERMITTED NUMBER OF MAIN BUILDINGS ON A LOT
No person shall erect more than one main building in the R1, LCR1, LCR2, LCR3, and GW3 Zones.
Where more than one main building is permitted to be located on a lot, the setback requirements set out
in the respective zone shall apply to all main buildings, and a minimum of 3.0 m (10 feet) shall be required
between main buildings, unless otherwise provided for in this Bylaw.
SECTION 4.14 SECONDARY SUITES
A dwelling unit in the form of a secondary suite, inside or attached to the main residential building or in
the form of a separate backyard structure, shall be permitted as an accessory use to a single or two-unit
residential dwelling in the MX, R1, R2, AG, LCR2, LCR4, GW4, and GW5 Zones and must meet the main
use setback requirements for the zone in which the lot is located. A lot may have a maximum of one
secondary suite with a maximum gross floor area of 80 m2 (860 ft2).
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SECTION 4.15 HOUSEHOLD LIVESTOCK
Household livestock operations are permitted in R1 and R2 Zones provided:
1. No more than 25 egg laying fowl and/or rabbits shall be permitted in the R1 Zone.
2. No more than 100 egg laying fowl, 25 rabbits; and a combination of three cows, horses, goats, sheep,
or pigs for each acre of R2 Zoned land.
3. Notwithstanding subsections 1 and 2 of this Section, guinea fowl shall be prohibited in R1 and R2
Zones and the number of animals on lots in the Agricultural (AG) Zone shall not be restricted;
4. Multiple adjacent lots held in common ownership may be considered as one lot for the purpose of
calculating lot area and setback requirements of this Section;
5. All animal housing and manure storage facilities shall comply with the minimum setback requirements
of the applicable zone for lot lines for main buildings;
6. Notwithstanding subsection 5 of this Section, all animal housing and manure storage facilities must
meet any regulations for accessory structures that are more stringent than those for main buildings;
7. All animal housing and manure storage facilities must be set back a minimum of 50.0 m (165 feet)
from any watercourse;
8. All animal housing and manure storage facilities shall be set back a minimum of 50.0 m (165 feet)
from any off-site dwelling; and
9. Livestock shall be confined to a barn, feedlot, pasture, or other facility for feeding, breeding, milking,
or holding for personal use, riding, sale, or egg production within a fence compliant with the Annapolis
County Livestock at Large Bylaw and shall not be permitted to run at large.
SECTION 4.16 SMALL OPTION HOMES
Small option homes licensed under the Homes for Special Care Act are a permitted use in all residential
dwellings and as uses in all residential zones.
SECTION 4.17 SHORT TERM RENTALS
The owner of a residential structure shall be permitted to provide a maximum of one short-term rental unit
within said residential structure at any time.
SECTION 4.18 RECREATIONAL VEHICLE PARKING SITES
Recreational vehicle parking sites, where permitted, shall meet the following requirements:
1. Compliance with the specifications for a permitted main use for the zone in which the parking site is
located;
2. Be surfaced with a stable surface such as, but not limited to, gravel, brick, paving stones, asphalt, or
concrete;
3. Any accessory building, structure, or additions must meet the requirements of the National Building
Code and all other applicable requirements of this Bylaw;
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4. Number no greater than two parking sites per lot in the MX Zone and no greater than one parking site
per lot in all other zones; and
5. Only one recreation vehicle shall be permitted on each parking site.
SECTION 4.19 ILLUMINATION
Lights used for illumination shall be arranged in such a manner as to divert the light away from any
abutting properties or public and private streets, roads, or highways.
SECTION 4.20 SIGNS
A development permit is required for all signs exceeding 0.9 m2 (10 ft2). No sign within the Planning Area
is permitted to have flashing lights; moving parts; project beyond a property line; be placed on public
property or a public right-of-way without first receiving permission from the governing public authority;
obstruct the line of sight or travel for drivers and cyclists, such as being located in a corner sight triangle;
are designed in a way which could interfere, misled, or confuse traffic by using words, phrases, or
designs that resemble governmental authority traffic signs; or obstruct a fire escape or other required exit-
way.
SECTION 4.21 PERMITTED ENCROACHMENTS IN YARDS
The following structures may be located in or may project from a main wall of a main building into a yard
setback required by this Bylaw subject to the following maximum distances;
1. 0.9 m (3 feet) for window bays, eaves, cantilevers, gutters, and chimneys;
2. 3.0 m (10 feet) for balconies, roofed porches, sun decks, terraces, awnings, patios, decks, carports,
and exterior staircases; and
3. to the lot line for fire escapes and accessibility access ramps.
SECTION 4.22 HOME OCCUPATION REQUIREMENTS
Nothing in this Bylaw shall prevent the use of a residential dwelling or its accessory buildings as a home
occupation provided that the residential dwelling or residential dwelling unit is a permitted use in that
zone, and:
1. Home occupations are limited to a business or professional office, counseling office, instruction
studio, service shop, repair shop, personal service shop, post office, clinic, residential day care
centre, taxicab operation, workshops, and sales of products produced onsite;
2. Home occupations are primarily operated by the occupant(s) of the main residential dwelling or
dwelling unit located on the same lot and does not exceed 25% of the total ground floor area of the
dwelling;
3. One off-street parking space is provided by the home occupation and is dedicated solely to
customer/client use;
4. There is no accessory outdoor storage or display within the front or side yards; and
5. That the home occupation does not make use of equipment that is obnoxious by virtue of dust, odour,
smoke, noise, or other emissions.
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SECTION 4.23 WATERCOURSE PROTECTION
No excavation, infilling, construction, tree, stump and other vegetation removal, or any alteration of any
kind other than maintenance as may be necessary to maintain vegetation and preserve the shoreline
shall be permitted within 15.2 m (50 feet) of the edge (mean ordinary high water mark) of any
watercourse, except for wharves, marinas, boardwalks, pedestrian or vehicular bridges, and buildings and
structures related to boating clubs, ship chandlery offices, marine fuelling stations, fishery and marine-
related uses, boat construction, building and repair facilities, boat and marine sales, service and rental
facilities, and any other uses so exempted in this Bylaw. The watercourse setback distance is defined as
being part of any side, rear, or front yard requirements.
SECTION 4.24 PARKS, PLAYGROUNDS & TRAILS
Notwithstanding anything else in this Bylaw, parks and recreation uses, where the control and/or
operation is vested in a public authority or agency thereof, are considered permitted uses in all zones in
the Planning Area or within a watercourse setback and no municipal development permit is required for
their development or their ancillary structures or buildings.
SECTION 4.25 PUBLIC/PRIVATE UTILITIES & SERVICE FACILITIES
Public or private utilities and municipal service facilities may be located in any zone in the Planning Area
or within a watercourse setback and no zone standard shall apply with the exception of uses such as
waste disposal facilities, landfills, solid waste transfer stations, and construction debris disposal sites,
which are only permitted in select zones and must meet the zone requirements of this Bylaw. A
development permit shall be required for the development or redevelopment of any government owned,
operated or maintained utility or municipal service facility, owned or operated by an inter-municipal
corporation.
SECTION 4.26 WIND TURBINES
Mini and small-scale wind turbines shall be considered an accessory structure and shall meet the
following requirements:
1. A maximum of one mini-scale or roof mounted wind turbine is permitted on all lots, except in a Mixed
Use (MX), Agricultural (AG), Local Industrial (M1), and Business Park (M2) Zones where the limit
shall be no more than three mini or roof mounted wind turbines permitted on a lot;
2. Small-scale wind turbines are only permitted in the Mixed Use (MX), Agricultural (AG), Local
Industrial (M1), and Business Park (M2) Zone and shall not exceed a maximum of one small-scale
wind turbine; and
3. A wind turbine may not be built closer than two times the total wind turbine height to any lot line,
public or private road, street, or highway, or an existing main building, with the exception of roof
mounted wind turbines.
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Large-scale wind turbines shall be permitted by development agreement, in accordance with MPS Policy
4.4.8 and the evaluative criteria set out in MPS Policy 7.3.4.1 of the Annapolis County Municipal
Planning Strategy, only within a designated Wind Resource Area as indicated on the Zoning Map
(Appendix A) but shall not:
1. Be built closer than two times the total wind turbine height to any lot line, building, public or private
road, street, or highway, or within 1,000 m (3,280 feet) of a residential building;
2. Display any commercial advertising or signage;
3. Be provided with artificial lighting except for lighting that is required to meet a Provincial or Federal
regulation; and
4. Be finished in anything other than a non-reflective white, grey or light blue matte finish or any other
color or combination of color that is required to meet a Provincial or Federal regulation.
SECTION 4.27 UNSUITABLE HABITATION
Trucks, trailers, buses, coach bodies, unfinished shipping containers, or other similar structures shall not
be used for human habitation unless otherwise permitted in this Bylaw.
SECTION 4.28 AGRICULTURAL MARSHLAND REQUIREMENTS
Areas identified as protected marshland on the zoning map must meet the following requirements:
1. Development is not permitted unless enabled under the Agricultural Marshland Conservation Act.
Residential institutions and any use associated with the warehousing, or the production of hazardous
materials shall not be permitted.
2. The placement of off-site fill must be limited to that required for floodproofing or flood risk
management. No unnecessary infilling or alteration of topography shall impede drainage or flow of
flood water or reduce flood water storage capacity.
3. All permitted new buildings and additions in the marshlands shall implement adequate flood-resistant
building techniques to be floodproofed, as designed by an engineer licensed to practice in Nova
Scotia.
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Part 5 ZONES
SECTION 5.1 ZONES ESTABLISHED
Annapolis County is generally divided into the following zones, which are also referred to by the
appropriate shortforms. Each land use zone has certain land uses that are permitted outright, others are
conditional upon approval, and some are prohibited.
5.1.1 LAND USE ZONES
Land Use Category
Shortform
Zone
Mixed Use
MX
Mixed
Residential
R1
Low Density Residential
R2
Multi-Unit Residential
Agricultural
AG
Agriculture
Commercial
C1
Local Commercial
C2
Highway Commercial
Industrial
M1
Local Industrial
M2
Industrial/Business Park
Institutional
I1
Institutional
Parks & Recreation
PR
Parks and Recreation
NP
Nature Park
5.1.2 WATER SUPPLY PROTECTION ZONES
Land Use Category
Shortform
Zone
Lake Cady
LCR1
Lake Cady Lakeside Residential
LCR2
Lake Cady Residential Low Density
LCR3
Lake Cady Residential
LCR4
Lake Cady Rural Residential
Lawrencetown &
Margaretsville
GW1
Well Head 1
GW2
Well Head 2
GW3
Groundwater Supply
GW4
Groundwater Buffer
GW5
Groundwater General
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SECTION 5.2 PERMITTED LAND USES
5.2.1 LAND USE ZONES AND USES
The following land uses are permitted in the zones indicated by the shortform to their right and are subject
to all other requirements of this Bylaw.
5.2.1.1 General
Land Use
MX
R1
R2
AG
C1
C2
M1
M2
I1
PR
NP
Residential
Single-Unit Dwellings
MX
R1
R2
AG
C12
Two-Unit Dwellings
MX
R1
R2
AG
C12
Multi-Unit Dwellings
R2
C12 C22
Existing Dwellings
MX
R1
R2
AG
C1
C2
M1
M2
I1
PR
NP
Boarding or Rooming Houses
MX
R2
Cottage
MX
R1
R2
AG
Residential Care Community
MX
R1
R2
C1
C2
Home Occupations (Section 4.22)
MX
R1
R2
AG
C1
C2
I1
Land Lease Communities
MX1
.
Agricultural
Agricultural Uses & Related Use
MX
AG
Agricultural-related Industries
MX
AG
M2
Agritainment Uses
MX
AG
Animal Rescue & Rehabilitation
MX
AG
Farm Residences
MX
AG
Primary Forestry Use
MX
R1
R2
AG
C1
C2
M1
M2
Commercial
Auctioneering Establishment
MX
C1
C2
M2
Automotive & Autobody Repair
MX
M1
M2
Automotive Sales & Rental
MX
C2
M2
Banks & Financial Institutions
C1
C2
Bars, Pubs, & Taprooms
C1
C2
Bed & Breakfast Operations
MX
R1
R2
AG
C1
C2
Building Supplies
MX
C2
M1
M2
Call & Data Processing Centres
C2
M2
Campgrounds & RV Parks
MX
Carwash Facilities
MX
C1
M2
Clubs (Commercial & Private)
MX
C1
C2
M2
Commercial Art Galleries
MX
C1
C2
Commercial Daycare Centres
MX
C1
C2
Commercial Meeting Space
MX
C1
C2
M2
Commercial Recreation Centres
MX
C1
C2
M2
Commercial Schools, Training &
Educational Facilities
MX
C2
M1
M2
Construction & Landscaping Industry MX
C2
M1
M2
Counselling Offices
MX
AG
C1
C2
I1
Display Courts
MX
C1
C2
M2
Existing Hotels & Motels
MX
R1
R2
C1
C2
Farm Markets
MX
R1
R2
AG
C1
C2
I1
PR
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Land Use
MX
R1
R2
AG
C1
C2
M1
M2
I1
PR
NP
Fitness Centres
MX
R2
C1
C2
M2
Funeral Homes
MX
C1
C2
Hotel, Motel & Tourist
Establishments
MX
C1
C2
Instruction Studios
MX
C1
C2
Kennels & Animal Day Cares
MX
AG
M2
Licensed Liquor Establishment
MX
C1
C2
Medical Offices & Clinics
MX
R1
R2
C1
C2
I1
Microbreweries, Microdistilleries &
Wineries
MX
AG
C1
C2
M1
M2
Offices
MX
C1
C2
M2
Parking Area & Structures
MX
C1
C2
M1
M2
I1
PR
NP
Personal Service Shops
MX
C1
C2
Repair Shops
MX
AG
C1
C2
M2
Rental Shops
MX
C1
C2
M2
Restaurants
MX
AG
C1
C2
Retail Stores
MX
C1
C2
Self-Storage Facilities
MX
C1
C2
M2
Service Industries
MX
C1
C2
Service Station
MX
C2
M1
M2
Shopping Centre or Mall
C2
Recycling Depots
MX
C1
C2
M2
Taxicab Operation & Dispatch
MX
C1
C2
M2
Private Utilities & Services
MX
R1
R2
AG
C1
C2
M1
M2
I1
PR
Veterinary Offices & Clinics
MX
AG
C1
C2
Wholesale Establishments
MX
C2
M2
Workshops (Arts, Craft, & Custom)
MX
AG
C1
C2
M2
Industrial
Accessory Commercial Uses
MX
M1
M2
Abattoirs & Agricultural Processing
Facilities
MX
AG
M1
Automotive Impound Facilities
MX
M1
Batching Plants
M1
Breweries & Distilleries
M2
Bulk & Cold Storage Facilities
M2
Commercial Cannabis Facilities
M1
Construction Debris Disposal Sites
M11
Commercial Greenhouses
MX
AG
M1
Excavation Operations
MX
M1
Extractive-Related Facilities
M1
Fuel Depots
M1
M2
Heavy Industrial Uses
M1
M2
Light Industrial Uses
MX
M1
M2
Scrap & Salvage Yards
M1
Secondary Forestry Uses
MX
M1
M2
Truck Transport Operations
MX
M2
Warehouse, Depots, Storage &
Distribution Facilities
MX
M1
M2
Waste Disposal Facilities
M11
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Land Use
MX
R1
R2
AG
C1
C2
M1
M2
I1
PR
NP
Waste Transfer & Processing Facility
M11
Institutional
Accessory Commercial & Retail
MX
C1
C2
I1
PR
Cemeteries
MX
I1
Community Centres
MX
R1
R2
C1
C2
I1
PR
Courthouse
MX
C1
C2
I1
Fire & Emergency Services
MX
C2
M2
I1
Hospital
MX
C2
I1
Institutional Uses
MX
R1
R2
C1
C2
M2
I1
PR
Library
MX
C2
I1
PR
Museums
MX
C2
I1
PR
Places of Worship
MX
C1
C2
I1
Post Office
MX
C1
C2
I1
Public Utilities & Facilities
MX
R1
R2
AG
C1
C2
M1
M2
I1
PR
Public Schools, Training &
Educational Facilities
C1
C2
I1
PR
Research & Development Centres
MX
C1
C2
I1
PR
Transit & Taxi Stations/Stops
MX
R1
R2
C1
C2
M2
I1
PR
Recreational
Conservation & Compatible Uses
MX
R1
R2
AG
C1
C2
M1
M2
I1
PR
NP
Docks, Marinas & Wharves
MX
R1
R2
AG
C1
C2
M1
M2
I1
PR
NP
Firing Range & Shooting Club
MX1
PR
Golf Courses & Driving Ranges
MX
C1
C2
PR
Historical Sites & Interpretation
Centres
MX
R1
R2
C1
C2
I1
PR
NP
Parks & Recreation Uses
MX
R1
R2
AG
C1
C2
M2
I1
PR
NP
Public Campground
MX
AG
M2
I1
PR
NP
Public Recreation Facility
MX
R2
C1
C2
M2
I1
PR
Recreational Vehicle Parking Sites
MX
AG
M2
I1
PR
Tracks & Facilities for Racing
Animals or Motorized Vehicles
MX1
PR
5.2.1.2 Water Supply Protection
Lake Cady
Lawrencetown & Margaretsville
Land Use
LCR1
LCR2 LCR3 LCR4 GW1 GW2 GW3 GW4 GW5
Residential
Single-Unit Dwellings
LCR1
LCR2 LCR3 LCR4
GW31 GW4 GW5
Two-Unit Dwelling
LCR21
LCR41
GW31 GW4 GW5
Home Occupations
LCR1
LCR2 LCR3 LCR4
GW3 GW4 GW5
Existing Agricultural & Forestry Uses
LCR1
LCR2 LCR3 LCR4
GW4 GW5
Institutional
Water Supply Infrastructure
LCR1
LCR2 LCR3 LCR4 GW1 GW2 GW3 GW4 GW5
Passive Public Parks & Recreation
LCR2 LCR3 LCR4
GW3 GW4 GW5
Public Trails
LCR2 LCR3 LCR4 GW1 GW2 GW3 GW4 GW5
All Uses Not Prohibited
GW5
Notes: See Section 5.3 Zone Provisions for lot size, setback, coverage, and height specifications.
1.
By Development Agreement or Site-Plan Approval only.
2.
Ground floor must be designated for a permitted commercial use.
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SECTION 5.3 ZONE PROVISIONS
5.3.1.1 General
The following building height and yard requirements shall apply in the zones listed:
Water &
Waste-
water
Status
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum Yard
Requirements
Maximum
Building
Height
Front &
Flankage
Side
Rear
Zone
Land Use
A, B**
E, F**
H, L**
K, M**
I, J**
C**
MX
Mixed Use
N/A
2,700 m2
29,063 ft2
36.6 m
120 ft.
7.6 m
25 ft.
3.0 m
10 ft.
7.6 m
25 ft.
10.6 m
35 ft.
R1
Low Density
Residential
Municipal*
465 m2
5,005 ft2
24.4 m
80 ft.
4.6 m
15 ft.
1.2 m
4 ft.
7.6 m
25 ft.
10.6 m
35 ft.
On-site
2,700 m2
29,063 ft2
30.5 m
100 ft.
7.6 m
25 ft.
3.0 m
10 ft.
7.6 m
25 ft.
R2
Multi-unit
Residential
Municipal*
930 m2
10,010 ft2
30.5 m
100 ft.
7.6 m
25 ft.
3.0 m
10 ft.
7.6 m
25 ft.
18.3 m
60 ft.
On-site
4,047 m2
43,600 ft2
36.6 m
120 ft.
7.6 m
25 ft.
3.0 m
10 ft.
7.6 m
25 ft.
AG
Agricultural
N/A
20,234 m2
5 acres
45.7 m
150 ft.
7.6 m
25 ft.
7.6 m
25 ft.
7.6 m
25 ft.
15.2 m
50 ft.
C1
Local
Commercial
Municipal*
930 m2
10,010 ft2
24.4 m
80 ft.
3.0 m
10 ft.
1.2 m
4 ft.
7.6 m
25 ft.
10.6 m
35 ft.
On-site
2,700 m2
29,063 ft2
36.6 m
120 ft.
7.6 m
25 ft.
3.0 m
10 ft.
7.6 m
25 ft.
C2
Highway
Commercial
Municipal*
930 m2
10,010 ft2
30.5 m
100 ft.
3.0 m
10 ft.
3.0 m
10 ft.
7.6 m
25 ft.
18.3 m
60 ft.
On-site
2,700 m2
29,063 ft2
36.6 m
120 ft.
7.6 m
25 ft.
3.0 m
10 ft.
7.6 m
25 ft.
M1
Local
Industrial
N/A
4,047 m2
43,600 ft2
45.7 m
150 ft.
15.2 m
50 ft.
15.2 m
50 ft.
15.2 m
50 ft.
15.2 m
50 ft.
M2
Industrial/
Business
Park
Municipal*
2,700 m2
29,063 ft2
30.5 m
100 ft.
7.6 m
25 ft.
15.2 m
50 ft.
15.2 m
50 ft.
15.2 m
50 ft.
On-site
4,047 m2
43,600 ft2
45.7 m
150 ft.
7.6 m
25 ft.
15.2 m
50 ft.
15.2 m
50 ft.
I1
Institutional
Municipal*
930 m2
10,010 ft2
24.4 m
80 ft.
3.0 m
10 ft.
1.2 m
4 ft.
7.6 m
25 ft.
10.6 m
35 ft.
On-site
2,700 m2
29,063 ft2
37 m
120 ft.
7.6 m
25 ft.
3.0 m
10 ft.
7.6 m
25 ft.
PR
Parks and
Recreation
N/A
2,700 m2
29,063 ft2
30.5 m
100 ft.
15.2 m
49.9 ft.
7.6 m
25 ft.
7.6 m
25 ft.
15.2 m
50 ft.
NP
Nature Park
N/A
N/A
N/A
N/A
N/A
N/A
N/A
*
Both municipal water and wastewater services are available
**
See Figure 1 for measurement of relevant dimensions.
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5.3.1.2 Water Supply Protection
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum Yard
Requirements
Maximum
Lot
Coverage
Maximum
Building
Height
Front
Yard
Side
Yard
Rear
Yard
Zone
Land Use
A, B**
E, F**
H**
K, M**
I, J**
D**
C**
LCR1 Lake Cady
Low Density
4,047 m2
1.0 ac
45.7 m
150 ft.
7.6 m
25 ft.
7.6 m
25 ft.
7.6 m
25 ft.
5.0%
7.6 m
25 ft.
LCR2
Lake Cady
Lakeside
Residential
2.0 Ha
4.94 ac
45.7 m
150 ft.
19.8 m
65 ft.
7.6 m
25 ft.
15.2 m
50 ft.
2.5%
6.1 m
20 ft.
LCR3 Lake Cady
Residential
2.0 Ha
4.94 ac
89.9 m
295 ft.
29.0 m
95 ft.
19.8 m
65 ft.
19.8 m
65 ft.
1.0%
10.6 m
35 ft.
LCR4
Lake Cady
Rural
Residential
1.2 Ha
2.97 ac
59.4 m
195 ft.
19.8 m
65 ft.
10.6 m
35 ft.
19.8 m
65 ft.
2.0%
6.1 m
20 ft.
GW1
Well Head 1
N/A
N/A
N/A
N/A
N/A
N/A
N/A
GW2
Well Head 2
N/A
N/A
N/A
N/A
N/A
N/A
N/A
GW3
Groundwater
Supply
10,117.5 m2
2.5 ac
76.2 m
250 ft.
19.8 m
65 ft.
19.8 m
65 ft.
19.8 m
65 ft.
3.0%
N/A
GW4
Groundwater
Buffer
10,117.5 m2
2.5 ac
76.2 m
250 ft.
19.8 m
65 ft.
19.8 m
65 ft.
19.8 m
65 ft.
3.0%
N/A
GW5
Groundwater
General
10,117.5 m2
2.5 ac
76.2 m
250 ft.
19.8 m
65 ft.
19.8 m
65 ft.
19.8 m
65 ft.
N/A
N/A
**
See Figure 1 for measurement of relevant dimensions.
5.3.2 MEASURING STANDARD LOT AND BUILDING DIMENSIONS
Figure 1 is provided as a guide to the application of the yard dimensions for each zone in this Bylaw.
Users should note the following:
1. Larger Lot Sizes (A, B) may be required in accordance with Provincial Regulations for On-Site
Sewage Disposal Systems.
2. Lot Frontage (E, F) for regular-shaped lots shall be measured as a straight line between the points
where the two side lot lines meet the front lot line. In the case of irregularly shaped lots, lot frontage
shall be deemed to be the horizontal distance between the side lot lines measured perpendicularly to
a line joining the middle of the front lot line with the middle of the rear lot line, at a point equal to the
required front yard.
3. Height (C) is measured from the mean grade of the lot on which a structure is erected to the highest
point on that structure (excluding architectural features such as, but not limited to, chimneys,
skylights, and towers incorporated with places of worship)
4. All Yard standards (H, I, J, K, L, and M) are measured from the pertinent lot line to the nearest main
wall of the building or structure. Larger yard setbacks may be required in accordance with the
Provincial Building Code.
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Figure 1 Measuring Standard Lot and Building Dimensions
A Minimum Lot Area (Interior
Lot)
Total horizontal area within the lot lines of a lot, or the combined total horizontal area within the
boundary lines of all part lots associated with a semi-detached dwelling or townhouse dwelling
B Minimum Lot Area (Corner
Lot)
Same as A but usually a larger area for a lot situated at the intersection abutting two or more
streets
C Maximum Height
Maximum vertical distance measured from the mean grade to the highest point on a building
or structure, including the highest point of any roof or surface
D Maximum Lot Coverage
Percentage of lot area covered by the main building above established grade, not including
accessory structures, uncovered swimming pools, unenclosed porches, patios, sundecks, and
above ground pool decks
E
Minimum Lot Frontage
(Interior Lot)
Horizontal distance between the side lot lines of an interior lot as measured along the front lot
line
F
Minimum Lot Frontage
(Corner Lot)
Horizontal distance between the side lot line and a hypothetical point of intersection of the
front and flankage lot lines of a corner lot determined by extension of a straight line
G Minimum Lot Depth
Horizontal distance between the front and rear lot lines of a lot when these lines are parallel, or
the length of a straight line joining the middle of the front lot line with the middle of the rear lot
line when the front and rear lot lines are not parallel
H Minimum Front Yard
Minimum distance between the front lot line and the nearest main wall of any main building on
the lot
I
Minimum Rear Yard
Minimum distance between the rear lot line and nearest main wall of any main building or main
structure on the lot
J
Minimum Rear Yard abutting
Residential
Same as I but usually a greater distance applied to non-residential structures on properties
abutting residential zones
K Minimum Side Yard
Minimum distance between the side lot line and nearest main wall of any main building or main
structure on the lot
L
Minimum Flankage Yard
(Corner Lot)
Minimum distance between side yard of a corner lot that abuts a street
M Minimum Side Yard abutting
Residential
Same as K but usually a greater distance applied to non-residential structures on properties
abutting residential zones
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SECTION 5.4 LAND USE ZONE SPECIFIC REQUIREMENTS
This section summarizes special requirements applicable in each zone. These might include landscaping
requirements, parking standards, increased separation distances where a non-residential zone abuts a
residential zone, provisions for site plan approval or development agreements, etc.
SECTION 5.5 MX - MIXED USE SPECIAL REQUIREMENTS
5.5.1.1 MX Site Plan Approval
The development of new Land Lease Communities, firing ranges and shooting clubs, tracks and facilities
for the racing of motorized vehicles or animals, and new permitted commercial or industrial uses in
excess of 465.0 m2 (5,000 ft2) of gross floor area or the expansion of an existing commercial or industrial
uses which when expanded will be in excess of 465.0 m2 (5,000 ft2) of gross floor area in the Mixed Use
(MX) Zone shall be permitted by site-plan approval in accordance with the evaluative criteria set out in
MPS Policy 7.3.4.1 of the Annapolis County Municipal Planning Strategy.
5.5.1.2 MX Abutting Yard Requirements
Where a General Mixed Use (MX) Zone abuts an Agricultural (AG) Zone, Highway Commercial (C2)
Zone, Local Industrial (M1) Zone, or Industrial/Business Park (M2) Zone, the following restrictions shall
apply to the abutting yard(s) within the General Mixed Use (MX) Zone:
1. Where the abutting yard follows a rear yard, the minimum required abutting yard setback shall be 15.2
m (50 feet);
2. Where the abutting yard follows a side yard, the minimum required abutting yard setback shall be 15.2
m (50 feet); and
3. No buildings or structures shall be permitted to be developed in a required abutting yard.
5.5.2 R1 - LOW DENSITY RESIDENTIAL SPECIAL REQUIREMENTS
5.5.2.1 R1 Abutting Yard Requirements
Where a Low Density Residential (R1) Zone abuts an Agricultural (AG) Zone, Highway Commercial (C2)
Zone, Local Industrial (M1), Zone, or Industrial/Business Park (M2) Zone, the following restrictions shall
apply to the abutting yard(s) within the Low Density Residential (R1) Zone:
1. Where the abutting yard follows a rear yard, the minimum rear yard setback shall be 22.9 m (75 feet)
for the AG Zone and 15.2 m (50 feet) for all other zones;
2. Where the abutting yard follows a side yard, the minimum abutting yard setback shall be measured
from the front lot line to the rear lot line, and the minimum required abutting yard setback shall be
15.2 m (50 feet); and
3. No buildings or structures shall be permitted to be developed in a required abutting yard.
5.5.3 R2 - MULTI-UNIT RESIDENTIAL SPECIAL REQUIREMENTS
5.5.3.1 R2 Abutting Yard Requirements
Where a Multi-unit Residential (R2) Zone abuts an Agricultural (AG) Zone, Local Industrial (M1) Zone, or
Industrial/Business Park (M2) Zone, the following restrictions shall apply to the abutting yard within the R2
Zone:
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1. Where the abutting yard follows a rear yard, the minimum rear yard setback shall be 30.5 m (100 feet)
for the AG Zone and 22.9 m (75 feet) for all other zones;
2. Where the abutting yard follows a side yard, the minimum abutting yard setback shall be measured
from the front lot line to the rear lot line, the minimum required abutting yard setback shall be 22.9 m
(75 feet); and
3. No building in excess of 20.0 m2 (215 ft2) of total floor area shall be permitted to be developed in a
required abutting yard.
5.5.4 AG - AGRICULTURAL SPECIAL REQUIREMENTS
5.5.4.1 AG Existing Non-Farm Residential Uses
In the Agricultural (AG) Zone, the expansion or replacement of existing non-farm-related residential uses-
is permitted provided that the expansion or replacement does not result in the creation of more than two
residential dwelling units in the non-farm-related residential dwelling.
5.5.4.2 Subdivision in Agricultural Zones
In the Agricultural (AG) Zone, a lot existing on January 1 may be divided once during that calendar year
into no more than two lots.
5.5.4.3 AG Farm Supportive Uses
In the Agricultural (AG) Zone, farm supportive commercial or industrial uses are permitted provided that at
least 75% of their operation is related to the sale, processing, sorting, grading, packaging, inspection,
storage, retailing, and transport of agricultural goods or the servicing of agricultural operations.
5.5.4.4 AG Prohibited Uses Except by Development Agreement
The removal of topsoil as sod, peat, or turf within the Agricultural (AG) Zone shall only be permitted by
development agreement in accordance with MPS Policy 4.4.8 and the evaluative criteria set out in MPS
Policy 7.3.4.1 of the Annapolis County Municipal Planning Strategy, with reasonable exceptions for the
sale of plants with root balls, not including turf, and excavations associated with the construction of
permitted building/structures and infrastructure such as roads and driveways.
5.5.4.5 AG Abutting Yard Requirements
Where an Agricultural (AG) Zone abuts any other zone, the following restrictions shall apply to the
abutting yard(s) within the Agricultural (AG) Zone:
1. Where the abutting yard follows a rear yard, the minimum required abutting yard setback shall be 22.9
m (75 feet), unless a high opaque vegetation buffer such as, but not limited to, hedges or a forested
section is left between the lots, in which case the minimum rear yard setback shall be 15.2 m (50 feet);
2. Where the abutting yard follows a side yard, the minimum required abutting yard setback shall be 22.9
m (75 feet), unless a high opaque vegetation buffer such as, but not limited to, hedges or a forested
section is left between the lots, in which case the minimum rear yard setback shall be 15.2 m (50 feet);
3. No buildings or structures used for the housing of agricultural animals and manure storage facilities
shall be permitted to be developed in a required abutting yard;
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4. No buildings or structures used for the housing of agricultural animals and manure storage facilities
shall be permitted to be developed within 50.0 m (165 feet) from any watercourse or off-site residential
dwelling; and
5. A yard variance may be granted for the expansion of an existing building or structure used for the
housing of agricultural animals if the Development Officer deems it appropriate.
5.5.5 C1 - LOCAL COMMERCIAL SPECIAL REQUIREMENTS
5.5.5.1 C1 Residential & Commercial Mixed-Use Development
The development of new residential units within the Local Commercial (C1) Zone are permitted only
within a mixed use residential and commercial building where the first or ground floor is dedicated to a
permitted commercial, business, or office uses and the remaining upper stories contain the residential
dwelling(s).
5.5.5.2 C1 Abutting Yard Requirements
Where a Local Commercial (C1) Zone abuts an Agricultural (AG) Zone, a Local Industrial Park (M1) Zone,
or an Industrial/Business Park (M2) Zone the following restrictions shall apply to the abutting yard within
the C1 Zone:
1. Where the abutting yard follows a rear yard, the minimum rear yard setback shall be 22.9 m (75 feet)
for the AG Zone and 15.2 m (50 feet) for the Local Industrial (M1) Zone and Industrial/Business Park
(M2) Zone;
2. Where the abutting yard follows a side yard, the minimum abutting yard setback shall be measured
from the front lot line to the rear lot line, the minimum required abutting yard setback shall be 15.2 m
(50 feet); and
3. No accessory building in excess of 20.0 m2 (215 ft2) of total floor area shall be permitted to be
developed in a required abutting yard.
5.5.6 C2 - HIGHWAY COMMERCIAL SPECIAL REQUIREMENTS
5.5.6.1 C2 Residential & Commercial Mixed-Use Development
The development of new residential units within the Highway Commercial (C2) Zone are permitted only
within a mixed use residential/commercial or office building where the first or ground floor is dedicated to
commercial/business/office uses and the remaining upper stories contain the residential dwelling(s).
Residential uses are permitted to locate in existing commercial building(s) providing the residential use(s)
is not located on the first or ground floor of the existing building(s) or structure(s).
5.5.6.2 C2 Abutting Yard Requirements
Where a Highway Commercial (C2) Zone abuts another zone, with the exception of a Local Commercial
(C1) Zone, the following restrictions shall apply to the abutting yard within the C2 Zone:
1. Where the abutting yard follows a rear yard, the minimum rear yard setback shall be 22.9 m (75 feet)
for the AG Zone and 22.9 m (75 feet) for all other zones, unless a 2.0 m (6.5 feet) opaque barrier such
as, but not limited to, a fence, wall, hedge, or similar vegetation buffer is constructed between the lots,
in which case the rear yard setback shall be 15.2 m (50 feet);
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2. Where the abutting yard follows a side yard, the minimum side yard setback shall be 22.9 m (75 feet)
for the AG Zone and 15.2 m (50 feet) for all other zones, unless a 2.0 m (6.5 feet) opaque barrier such
as, but not limited to, a fence, wall, hedge, or similar vegetation buffer is constructed between the lots,
in which case the side yard setback shall be 7.6 m (25 feet) ; and
3. No building in excess of 20.0 m2 (215 ft2) of total floor area shall be permitted to be developed in a
required abutting yard.
5.5.7 M1 - LOCAL INDUSTRIAL SPECIAL REQUIREMENTS
5.5.7.1 M1 Uses By Development Agreement
The development of a new construction debris disposal site, waste transfer and process facility, or a
waste disposal facility or the expansion of an existing construction debris disposal site, waste transfer and
process facility or a waste disposal facility in the Local Industrial (M1) Zone may be considered by
development agreement in accordance with MPS Policy 4.6.7 and the evaluative criteria set out in MPS
Policy 7.3.4.1 of the Annapolis County Municipal Planning Strategy.
5.5.7.2 M1 Abutting Yard Requirements
Where a Local Industrial (M1) Zone abuts another zone, the following restrictions shall apply to the
abutting yard within the M1 Zone:
1. Where the abutting yard follows a rear yard, the minimum rear yard setback shall be 22.9 m (75 feet)
for the AG Zone and 22.9 m (75 feet) for all other zones, unless a 2.0 m (6.5 feet) opaque barrier such
as, but not limited to, a fence, wall, hedge, or similar vegetation buffer is constructed between the lots,
in which case the rear yard setback shall be 15.2 m (50 feet);
2. Where the abutting yard follows a side yard, the minimum side yard setback shall be 22.9 m (75 feet)
for the AG Zone and 22.9 m (75 feet) for all other zones, unless a 2.0 m (6.5 feet) opaque barrier such
as, but not limited to, a fence, wall, hedge, or similar vegetation buffer is constructed between the lots,
in which case the side yard setback shall be 15.2 m (50 feet);
3. No building in excess of 20.0 m2 (215 ft2) of total floor area shall be permitted to be developed in a
required abutting yard;
4. No outdoor storage or display area shall be permitted in a required abutting yard;
5. No parking space shall be permitted in a required abutting yard within 6.1 m (20 feet) of a side or rear
lot line however, this may be reduced to 1.5 m (5 feet) where a 2.0 m (6.5 feet) opaque barrier such
as, but not limited to, a fence, wall, hedge, or similar vegetation buffer is constructed between the lot;
and
6. No signs located in an abutting yard shall be illuminated and only directional or business identification
signs shall be permitted.
5.5.8 M2 - INDUSTRIAL/BUSINESS PARK SPECIAL REQUIREMENTS
5.5.8.1 M2 Abutting Yard Requirements
Where a Industrial/Business Park (M2) Zone abuts another zone, with the exception of a Local Industrial
(M1) Zone, the following restrictions shall apply to the abutting yard within the M2 Zone:
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1. Where the abutting yard follows a rear yard, the minimum rear yard setback shall be 22.9 m (75 feet)
for the AG Zone and 22.9 m (75 feet) for all other zones, unless a 2.0 m (6.5 feet) opaque barrier such
as, but not limited to, a fence, wall, hedge, or similar vegetation buffer is constructed between the lots,
in which case the rear yard setback shall be 15.2 m (50 feet);
2. Where the abutting yard follows a side yard, the minimum side yard setback shall be 22.9 m (75 feet)
for the AG Zone and 22.9 m (75 feet) for all other zones, unless a 2.0 m (6.5 feet) opaque barrier such
as, but not limited to, a fence, wall, hedge, or similar vegetation buffer is constructed between the lots,
in which case the side yard setback shall be 15.2 m (50 feet);
3. No building in excess of 20.0 m2 (215 ft2) of total floor area shall be permitted to be developed in a
required abutting yard;
4. No outdoor storage or display area shall be permitted in a required abutting yard;
5. No parking space shall be permitted in a required abutting yard within 6.1 m (20 feet) of a side or rear
lot line however, this may be reduced to 1.5 m (5 feet) where a 2.0 m (6.5 feet) opaque barrier such
as, but not limited to, a fence, wall, hedge, or similar vegetation buffer is constructed between the lot;
and
6. No signs located in an abutting yard shall be illuminated and only directional or business identification
signs shall be permitted.
5.5.9 I1 - INSTITUTIONAL SPECIAL REQUIREMENTS
5.5.9.1 Re-use of Places of Worship
The re-use of former places of worship for residential, commercial, and alternative institutional uses may
be considered within the Institutional (I1) Zone by site plan approval in accordance with MPS Policy 4.7.3
and the evaluative criteria set out in MPS Policy 7.3.4.1 of the Annapolis County Municipal Planning
Strategy.
5.5.10 LCR AND GW - WATER SUPPLY PROTECTION REQUIREMENTS
5.5.10.1 GW - Well Head and Watercourse Protection
No excavation, infilling, construction, tree, stump, or other vegetation removal, or any alteration of any
kind shall be permitted within 30.4 m (100 feet) of any production or monitoring well head in a GW1 Zone
or the edge of the shoreline of any watercourse within the LCR1, LCR2, LCR3, LCR4, GW1, GW2, GW3,
GW4, and GW5 Zones, except for government owned, operated, and maintained water supply related
extraction, retention, treatment, and distribution facilities, including structures or facilities for the display
and interpretation of the waterworks and its groundwater management plan and protection strategy, storm
water management facilities, roads, bridges, and passive recreation uses.
5.5.10.2 LCR and GW - Uses Prohibited in Water Supply Protection Zones
Notwithstanding any other provision in this Bylaw, the following uses shall be prohibited within the LCR1,
LCR2, LCR3, LCR4, GW1, GW2, GW3, GW4, and GW5 Zones:
1. Gas Stations;
2. Car Wash and Detailing Shops;
3. Facilities or operations involving tracks, roads, trails, stadiums, arenas, or any other such form of
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sporting facility for the racing of animals;
4. Facilities or operations involving tracks, roads, trails, stadiums, arenas, or any other such form of
sporting facility for motorized vehicles including, but not limited to, automobiles, motorcycles,
snowmobiles, or all terrain vehicles is prohibited;
5. Facilities or operations involving any activity connected with wholesale, retail, or consignment sale or
resale, construction, building, maintenance, or repair of all forms of motorized vehicles, whether the
motorized vehicle is intended for use and required to be licensed for use on public roads or highways
or whether the motorized vehicle is considered a recreational type of vehicle;
6. Bulk Chemical Production, Storage and/or Distribution Facilities;
7. Salt Storage Facilities;
8. Laundry and Dry Cleaning Establishments;
9. Landfills and Construction and Demolition Debris Disposal Sites;
10. Recycling Storage and/or Processing Facilities;
11. Scrap Metal and Salvage Storage and/or Processing Facilities;
12. Salvage Yards;
13. Septic Disposal Service Facilities;
14. Commercial Composting Facilities;
15. Fertilizer, Herbicide or Pesticide Production, Mixing, Blending, Storage and/or Distribution Facilities;
16. Petroleum Fuels or Solvents Production, Storage and/or Distribution Facilities;
17. Main or Accessory Buildings or Structures Related to Surface, Subsurface, Aggregate or Sand
Extraction, Quarrying, Mining, Processing or Storage Facilities, Operations, or Industries;
18. Soil Mixing, Blending or Storage Operations or Facilities;
19. Cold Storage Facilities;
20. Warehouse or Wholesale Storage and/or Distribution Facilities;
21. Machine Shops and Metal Working Shops;
22. Furniture Manufacturing, Restoration or Repair Facilities;
23. Transport and Trucking Facilities;
24. Funeral Homes, Cemeteries and Crematoria Facilities;
25. Animal Burial Facilities;
26. Golf Courses and Golf Driving Ranges;
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27. Asphalt, Paint or Cement Plants;
28. Facilities for the Manufacture, Processing or Reprocessing of Radioactive Materials or Other
Dangerous Goods;
29. Heavy Water Plants;
30. Pulp and Paper Mill;
31. Oil Refineries;
32. Metal Smelters;
33. Ferro-alloy Plants;
34. Non-ferrous Metal Smelters;
35. Abattoirs, Dismembering or Rendering Plants;
36. Facilities for the Treatment of Timber Resources;
37. Fishmeal Production Operations, Plants or Facilities;
38. Electricity Production Facilities, except for Wind energy or Solar Energy Production Facilities;
39. Home occupations involving any of the foregoing uses; and
40. Any other use similar to the foregoing that may present a threat to the quality of water supplied to the
public whether as a primary or an accessory use or a home occupation.
5.5.10.3 LCR and GW - Public and Private Utilities and Municipal Service Facilities
Public or private utilities and service facilities provided by the Municipality such as, but not limited to,
parks, playgrounds, or passive recreation uses; sewage treatment plants; pumping stations; public transit
facilities; and solid waste transfer stations shall be permitted in any zone, but shall not be permitted within
the GW1 Zone or any watercourse setback within the LCR1, LCR2, LCR3, LCR4, GW1, GW2, GW3,
GW4, and GW5 Zones, except for government owned, operated, and maintained water supply related
extraction, retention, treatment, and distribution facilities; and municipal parks, playgrounds, or passive
recreation uses specifically permitted in each zone.
5.5.10.4 LCR and GW - Erosion and Sedimentation Control
Erosion and sedimentation controls shall be required to be implemented during the construction of any
development on lands within the LCR1, LCR2, LCR3, LCR4, GW1, GW2, GW3, GW4, and GW5 Zones.
Erosion and sedimentation controls shall include the control, disposal, or runoff of water containing
suspended material or other harmful substances with the use of siltation fences, sedimentation ponds,
diversion ditches, silt curtains, sedimentation blankets, slope stabilization and the like, in accordance with
the Nova Scotia Department of Environment and Climate Change Erosion and Sedimentation Control
Handbook for Construction Sites.
5.5.10.5 LCR and GW - Altering Levels of Land
No person shall alter land levels, excavate land, fill in land, place fill, or remove soil on or from any land
outside of a protected well head in a GW1 Zone or watercourse setback within the LCR1, LCR2, LCR3,
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LCR4, GW1, GW2, GW3, GW4, and GW5 Zones without first submitting a site grading and drainage plan
and receiving approval from the Municipality.
5.5.10.6 LCR - Lake Cady Christmas Tree Operations
Christmas tree growing operations and all accessory buildings or structures shall not be permitted within
200 metres (655 feet) of the edge of the shoreline of any watercourse in the Lake Cady Residential Low
Density (LCR1), Lake Cady Lakeside Residential (LCR2), or the Lake Cady Rural Residential (LCR3)
Zones.
Appendix A Zoning Map