Municipality of the County of Antigonish Land Use By-law (2024)
Antigonish, Nova Scotia
· adopted 2024-10-28
This is the exact embedded text of the captured official document.
Snapshot eafaab3e6d35 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Municipality of the County of Antigonish
Land Use By-law
June 11, 2024
Municipality of the County of Antigonish
Land Use By-law
2024
First Reading: 2024.04.09
Second Reading: 2024.06.11
Ministerial Approval: 2024.10.08
Effective Date: 2024.10.285
With Amendments to: N/A
Table of Contents
1
Title, Purpose, Authority, and Applicability
1
1.1
Title
1
1.2
Purpose
1
1.3
Authority
1
1.4
Applicability
1
2
Interpretation
2
2.1
Certain Words
2
2.2
Conflict
2
2.3
Definitions
2
2.4
Units of Measurement
2
2.5
Interpretation of Zone Boundaries
3
2.6
Severability
3
3
Administration
4
3.1
Administration of Land Use By-law
4
3.2
Inspection
4
3.3
Enforcement and Penalty
4
3.4
Compliance with Other Legislation
4
3.5
Restoring to a Safe Condition
4
3.6
Effective Date
5
3.7
Repeal
5
3.8
Existing Structures and Uses
5
4
Development Permitting
6
4.1
Development Permit
6
4.2
Development Not Requiring a Development Permit
7
4.3
No Exemption from Requirements
7
4.4
Application Requirements
8
4.5
Lot Plan Requirements
9
4.6
Additional Plan Information
9
4.7
Additional Studies and Plans
10
4.8
Variances
11
4.9
Site Plan Approval
12
4.10
Site Plan Approval Exemptions
12
4.11
Site Plan Approval Review
13
4.12
Site Plan Approval Notification
13
5
Zones and Zoning Maps
14
5.1
Zones
14
5.2
Zoning Maps
14
6
General Provisions
15
6.1
Application of General Provisions
15
6.2
Accessory Buildings and Structures
15
6.3
Accessory Uses
15
6.4
Building Height Exception
15
6.5
Building to be Moved
15
6.6
Electric Vehicle Charging - Accessory
16
6.7
Encroachment into Setbacks
16
6.8
Existing Undersized Lots
16
6.9
Farm, Fish, and Forestry Stalls
17
6.10
Flag Lots
17
6.11
Frontage on a Road
17
6.12
Home-based Businesses
18
6.13
Home Offices
20
6.14
Illumination
20
6.15
Instruction of One Student at a Time
20
6.16
Islands
20
6.17
Habitation of Vehicles
20
6.18
Kennels
20
6.19
Marine Industrial Uses
21
6.20
Multiple Main Buildings
21
6.21
Multiple Land Uses on Property
21
6.22
Non-conforming Structures
21
6.23
Non-conforming Uses
21
6.24
Self-Storage Facilities
22
6.25
Side Yard Requirement - Exception
22
6.26
Shipping Containers
22
6.27
Solar Collector Systems - Accessory
22
6.28
Solar Collector Systems - Large-scale
23
6.29
Storage Buildings
23
6.30
Urban Farm Uses
23
6.31
Use of Former Community Facilities
23
6.32
Utilities
24
6.33
Visibility at Intersections
24
6.34
Watercourse Buffer
24
7
Wind Turbines
25
7.1
Zoning Provisions for Wind Turbines
25
7.2
Wind Turbine Application Requirements
25
7.3
Requirements for Mini- and Domestic-scale Wind Turbines
26
7.4
Requirements for Utility-scale Wind Turbines
27
7.5
Special Provisions for Wind Turbines
28
8
Parking
29
8.1
Application of Parking Requirements
29
8.2
Minimum Number of Automobile Parking Spaces
29
8.3
Location of Automobile Parking
31
8.4
Parking Exemption
31
8.5
Automobile Parking Area Standards
31
9
Signage
32
9.1
Signage Provisions for All Zones
32
9.2
Signs Prohibited in All Zones
33
9.3
Signs Permitted in all Zones
34
9.4
Signage Provisions for the Serviced Areas and Hamlet Areas
35
9.5
Illumination
36
10
Main Street (MS) Zone
37
10.1
Permitted Uses
37
10.2
Permitted Uses with Conditions
38
10.3
Permitted Uses by Site Plan Approval
39
10.4
Permitted Uses by Development Agreement
39
10.5
Main Street (MS) Zone Development Standards
39
10.6
Building Standards in the Main Street (MS) Zone
40
10.7
Light Industrial Uses in the Main Street (MS) Zone
41
11
General Centre (GC) Zone
42
11.1
Permitted Uses
42
11.2
Permitted Uses with Conditions
43
11.3
Permitted Uses by Site Plan Approval
44
11.4
Permitted Uses by Development Agreement
44
11.5
General Centre (GC) Zone Development Standards
45
11.6
Light Industrial Uses in the General Centre (GC) Zone
45
12
Residential Centre (R) Zone
46
12.1
Permitted Uses
46
12.2
Permitted Uses with Conditions
46
12.3
Permitted Uses by Site Plan Approval
47
12.4
Permitted Uses by Development Agreement
47
12.5
Residential Centre (R) Zone Development Standards
47
13
Light Industrial Centre (MI) Zone
48
13.1
Permitted Uses
48
13.2
Permitted Uses with Conditions
49
13.3
Permitted Uses by Site Plan Approval
49
13.4
Permitted Uses by Development Agreement
50
13.5
Light Industrial Centre (MI) Zone Development Standards
50
14
Hamlet Residential (HR) Zone
51
14.1
Permitted Uses
51
14.2
Permitted Uses with Conditions
52
14.3
Permitted Uses by Site Plan Approval
52
14.4
Permitted Uses by Development Agreement
52
14.5
Hamlet Residential (HR) Zone Development Standards
53
15
Hamlet Core (HC) Zone
54
15.1
Permitted Uses
54
15.2
Permitted Uses with Conditions
56
15.3
Permitted Uses by Site Plan Approval
56
15.4
Permitted Uses by Development Agreement
56
15.5
Hamlet Core (HC) Zone Development Standards
57
15.6
Light Industrial Uses in the Hamlet Core (HC) Zone
57
16
Rural General (RG) Zone
58
16.1
Permitted Uses
58
16.2
Permitted Uses with Conditions
59
16.3
Permitted Uses by Development Agreement
59
16.4
Rural General (RG) Zone Development Standards
60
16.5
Retail Stores Uses in the Rural General (RG) Zone
60
17
Rural Commercial (RC) Zone
61
17.1
Permitted Uses
61
17.2
Permitted Uses with Conditions
63
17.3
Permitted Uses by Site Plan Approval
63
17.4
Permitted Uses by Development Agreement
63
17.5
Rural Commercial (RC) Zone Development Standards
64
17.6
Light Industrial Uses in the Rural Commercial (RC) Zone
64
18
Rural Industrial (RM) Zone
65
18.1
Permitted Uses
65
18.2
Permitted Uses with Conditions
66
18.3
Permitted Uses by Site Plan Approval
66
18.4
Permitted Uses by Development Agreement
66
18.5
Rural Industrial (RM) Zone Development Standards
67
19
Agricultural Potential (AP) Zone
68
19.1
Permitted Uses
68
19.2
Permitted Uses with Conditions
69
19.3
Permitted Uses by Development Agreement
69
19.4
Agricultural Potential (AP) Zone Development Standards
70
19.5
Retail Stores Uses in the Agricultural Potential (AP) Zone
70
20
Lakeshore (RL) Zone
71
20.1
Permitted Uses
71
20.2
Permitted Uses with Conditions
71
20.3
Permitted Uses by Development Agreement
72
20.4
Lakeshore (RL) Zone Development Standards
72
20.5
Retail Stores Uses in the Lakeshore (RL) Zone
72
21
Fishing (RF) Zone
73
21.1
Permitted Uses
73
21.2
Permitted Uses with Conditions
73
21.3
Permitted Uses by Development Agreement
74
21.4
Fishing (RF) Zone Development Standards
74
22
Parks and Open Space (PO) Zone
75
22.1
Permitted Uses
75
22.2
Permitted Uses with Conditions
75
22.3
Permitted Uses by Development Agreement
75
22.4
Parks and Open Space (PO) Zone Development Standards
76
22.5
Special Requirements - Take-out Restaurants
76
23
Highway Commercial (HWY) Zone
77
23.1
Permitted Uses
77
23.2
Permitted Uses with Conditions
78
23.3
Permitted Uses by Development Agreement
78
23.4
Highway Commercial (HWY) Zone Development Standards
78
24
Commercial Recreation (CR) Zone
79
24.1
Permitted Uses
79
24.2
Permitted Uses with Conditions
80
24.3
Permitted Uses by Site Plan Approval
80
24.4
Permitted Uses by Development Agreement
80
24.5
Commercial Recreation (CR) Zone Development Standards
81
25
Institutional (I) Zone
82
25.1
Permitted Uses
82
25.2
Permitted Uses with Conditions
83
25.3
Permitted Uses by Development Agreement
83
25.4
Institutional (I) Zone Development Standards
83
26
Source Water Protection (WP) Zone
84
26.1
Permitted Uses
84
26.2
Permitted Uses by Development Agreement
84
26.3
Source Water Protection (WP) Zone Development Standards
84
27
Conservation (C) Zone
85
27.1
Permitted Uses
85
27.2
Permitted Uses by Development Agreement
85
27.3
Conservation (C) Zone Development Standards
85
28
Comprehensive Development District (CDD) Zone
86
28.1
Permitted Uses
86
28.2
Permitted Uses by Development Agreement
86
29
Site Plan Approval
87
29.1
Introduction to Approval Criteria
87
29.2
Residential Site Plan Approval
88
29.1
Automobile Shop and Drive-through Site Plan Approval
89
29.2
Campground Site Plan Approval
91
29.3
Scrap Yard Site Plan Approval
93
29.4
Conversion of a Non-conforming Use
94
30
Definitions
95
31
Schedules
115
Schedule 'A' - Zoning Map
115
Schedule 'B' - Wind Resource Overlay
115
Appendix 'A' - Summary of Development Agreement Policies
116
1
1 Title, Purpose, Authority, and Applicability
1.1
Title
1.1.1
This By-law shall be known as, and may be cited as, the Land Use By-law
for the Municipality of the County of Antigonish ("Municipality").
1.2
Purpose
1.2.1
The purpose of this By-law is to facilitate the sustainable, orderly,
economical, and beneficial development and use of land and buildings
within the Municipality, and for that purpose the By-law, among other
things:
(a)
divides the Municipality into zones;
(b)
establishes and regulates for each zone the purposes for which
land and buildings may be used;
(c)
establishes standards for the dimensions of land within each zone
and the positioning of buildings upon those lands;
(d)
establishes a method of making decisions on applications for
development permits, including the issuing of development
permits; and
(e)
establishes a method for making decisions on applications for site
plan approval.
1.3
Authority
1.3.1
This By-law shall be applied in a manner consistent with the Municipality's
Municipal Planning Strategy and the Municipal Government Act ("Act"), as
amended from time to time.
1.4
Applicability
1.4.1
This By-law shall apply to all lands within the Municipality, excepting those
lands subject to Secondary Municipal Planning Strategies, as identified on
Schedule 'A', the Zoning Map.
1.4.2
Notwithstanding Subsection 1.4.1, the wind turbine provisions of Part 7
shall apply to all areas of the Municipality.
2
2
Interpretation
2.1
Certain Words
2.1.1
In this By-law:
(a)
the word "shall" means mandatory compliance;
(b)
the word "may" means discretionary compliance or a choice in
applying a policy or regulation;
(c)
words used in the plural include the singular, and words in the
singular include the plural; and
(d)
gendered words shall be interpreted to mean any gender.
2.1.2
Words not otherwise defined in this By-law shall have the meaning
assigned to them in the Act.
2.2
Conflict
2.2.1
In the case of any conflict between the text of this By-law and any maps
or drawings used to illustrate any aspect of this By-law, the text shall
prevail.
2.2.2
Colour coding throughout this By-law and the Zoning Maps is for ease of
reference only and the text of the By-law shall take priority.
2.2.3
In the case of any conflict between a number written in numerals and a
number written in letters, the number written in numerals shall prevail.
2.2.4
In the case of conflict between a written zone name and a zone symbol,
the written zone name shall prevail.
2.3
Definitions
2.3.1
For the purposes of this By-law, words shall have the meaning or
meanings assigned to them in Part 29.4.1 - Definitions. Where a word is
not defined in Part 29.4.1, the word shall have the meaning or meanings
assigned by accepted Canadian English dictionaries.
2.4
Units of Measurement
2.4.1
This By-law uses the metric system of measurement. Numerical
measurements in this document may also be presented in other units;
however, this is for convenience only. If a metric measurement conflicts
with its conversion in another unit, the metric measurement shall take
priority.
3
2.5
Interpretation of Zone Boundaries
2.5.1
Boundaries between zones shall be determined as follows:
(a)
where a zone boundary is indicated as following a survey line as
recorded at the Land Registration Office, the boundary shall follow
that line;
(b)
where a zone boundary is indicated as following a street, private
road, or controlled access highway, the centerline of the street,
private road, or controlled access highway as it existed on the
effective date of this By-law shall be the boundary unless otherwise
indicated;
(c)
where a zone boundary is indicated as following a railway or utility
right-of-way, the centerline of the right-of-way shall be the
boundary unless otherwise indicated;
(d)
where the zone boundary is indicated as approximately following
lot lines, the boundary shall follow the lot lines;
(e)
where the zone boundary is indicated as following a physical
feature, such as, but not limited to, topographic elevations or
agricultural soil classification, the Development Officer may interpret
the boundary to align with a site-specific delineation completed by
a qualified professional;
(f)
where the zone boundary is indicated as following the shoreline of
a watercourse, the ordinary high water mark shall be the boundary;
and
(g)
where none of the above provisions apply, the Development Officer
shall scale the zone boundary from the zoning map.
2.6
Severability
2.6.1
If any provision of this By-law is held to be invalid by a decision of a court
of competent jurisdiction, that decision shall not affect the validity of the
remaining portions of this By-law.
4
3
Administration
3.1
Administration of Land Use By-law
3.1.1
Council shall appoint one or more Development Officer(s) for the
Municipality.
3.1.2
The Development Officer shall be responsible for the administration of this
By-law.
3.2
Inspection
3.2.1
Subject to Section 267 of the Municipal Government Act, the
Development Officer or authorized agent of the Development Officer is
authorized to enter, at all reasonable times, into or upon any property
within the Municipality for the purpose of any inspections necessary to
administer this By-law.
3.3
Enforcement and Penalty
3.3.1
In the event of any contravention of the provisions of this By-law, the
Municipality may act as provided for in Section 266 of the Municipal
Government Act.
3.4
Compliance with Other Legislation
3.4.1
Nothing in this By-law shall exempt any person from complying with the
requirements of any other by-law in force within the Municipality, or from
obtaining any license, permission, permit, authority, or approval required
by any other by-law of the Municipality or statute or regulation of the
Province of Nova Scotia or the Government of Canada.
3.4.2
Where the provisions in this By-law conflict with those of any other by-law
of the Municipality or statute or regulation of the Province of Nova Scotia
or the Government of Canada, the higher or more stringent provision shall
prevail.
3.5
Restoring to a Safe Condition
3.5.1
Nothing in this By-law shall prevent the restoration of any building or
structure to a safe condition when so required by a municipal order issued
against a property.
5
3.6
Effective Date
3.6.1
Upon adoption by the Council of the Municipality of the County of
Antigonish and approval by the Minister of Municipal Affairs, this By-law
shall take effect on the date a notice is published in a newspaper,
circulating in the Municipality, informing the public that the Land Use By-
law is in effect.
3.7
Repeal
3.7.1
The Land Use By-law for the County of Antigonish Concerning the
Regulation of Wind Turbine Development, adopted June 2009, as
amended, is hereby repealed.
3.8
Existing Structures and Uses
3.8.1
A structure or use of land shall be deemed to exist on the effective date of
this By-law if:
(a)
it has lawfully been constructed;
(b)
it has lawfully commenced;
(c)
it is lawfully under construction; or
(d)
all required permits for its construction or uses were in force and
effect, except that this shall not apply unless the construction or
use is commenced within 12 months after the date of the latest
issuance of the required permits.
6
4
Development Permitting
4.1
Development Permit
4.1.1
Unless otherwise stated in this By-law, no person shall undertake a
development within the Municipality without first obtaining a development
permit from the Development Officer.
4.1.2
The Development Officer shall only issue a development permit in
conformance with this By-law and any development agreement or site
plan agreement in effect on the site, except where a variance is granted or
in the case of an existing nonconforming use or structure, in which case a
development permit shall be issued in conformance with the Act.
4.1.3
A development permit shall expire within the following time periods from
the date issued if the development has not commenced:
(a)
Three years for utility-scale wind turbines.
(b)
Two years for industrial uses.
(c)
One year for all other uses.
4.1.4
The Development Officer may revoke a development permit where
information provided on the application is found to be inaccurate or the
permit was issued in error.
4.1.5
The Development Officer shall, at the applicant's request and subject to
the payment of fees in conformance with the fee schedule adopted by
resolution of Council, renew a development permit for one additional year
if:
(a)
the development permit has not been renewed previously; and
(b)
the Development Officer is satisfied the development permit is
consistent with the current Land Use By-law and any proposed
amendments to the Land Use By-law for which Council has
provided public notification regarding their intent to adopt.
7
4.2
Development Not Requiring a Development Permit
4.2.1
The following developments shall not require a development permit:
(a)
Interior or exterior renovations or alterations to a structure that do
not result in a change in volume or gross floor area, number of
dwelling units, or a change in use of the structure.
(b)
Fences that do not exceed 1.9 metres (6.2 feet) in height or
fences within the Rural General.
(c)
Signs smaller than 0.2 square metres (2.1 square feet) in sign
area, where signs are permitted.
(d)
Temporary buildings or structures erected for a period not
exceeding 60 days.
(e)
Temporary buildings or structures incidental to construction and
community events.
(f)
Public and private utilities located within the street right-of-way.
(g)
Temporary greenhouses, cloches, crop hoops, or other such
temporary crop structures.
(h)
Accessory electric vehicle charging stations.
(i)
Farm, fish, and forest stalls meeting the requirements of Section
6.9.
(j)
Personal offices or studios meeting the requirements of
Subsection 6.13.1.
(k)
The teaching of one student at a time, meeting the requirements
of Subsection 6.15.1.
(l)
Any accessory building with a footprint of 19.97 square metres
(215 square feet) or less, provided all other requirements of this
By-law are met.
(m)
Signs permitted in all zones, as listed in Section 9.3.
4.2.2
For greater clarity, a building permit or other form of license may still be
required for developments that are exempt from requiring a development
permit. Applicants should inquire with the Municipality prior to undertaking
any development.
4.3
No Exemption from Requirements
4.3.1
Every development shall be subject to the requirements of this By-law
whether or not a Development Permit is required.
8
4.4
Application Requirements
4.4.1
Every application for a development permit shall be made in writing on an
approved form and shall include:
(a)
the signature of the registered landowner or their duly authorized
agent;
(b)
application fees in conformance with the fee schedule adopted by
resolution of Council;
(c)
a statement of the proposed use of the land;
(d)
a statement of the estimated commencement and completion
date of development;
(e)
a lot plan, as detailed in Section 4.5; and
(f)
any other information required by this Land Use By-law.
4.4.2
In addition to 4.4.1, applications for commercial or industrial development
with a footprint of 1,000 square metres (10,763.9 square feet) or greater
shall include a stormwater management plan prepared by a Professional
Engineer or Landscape Architect licensed to practice in Nova Scotia.
Such plans shall include design calculations that confirm the
development, at a minimum, meets the following criteria:
(a)
retains on-site stormwater runoff generated from the first 10 mm
depth of a rainfall event; and
(b)
balances stormwater runoff generated after the first 10 mm of a
rainfall event to ensure matching of the pre- and post-
development stormwater runoff conditions.
9
4.5
Lot Plan Requirements
4.5.1
Every application for a development permit shall be accompanied by a lot plan
of the proposed development, drawn to an appropriate scale and showing:
(a)
the true shape and dimensions of all lots to be used;
(b)
the proposed location, height, and dimensions of the building,
structure, or work for which the permit is applied;
(c)
the approximate location of rights-of-way and easements within the
subject property;
(d)
the location of every building or structure already erected on or
partly erected on such lot;
(e)
the proposed location and dimensions of parking spaces, loading
spaces, driveways, solid waste storage areas, and landscaping
areas, where applicable;
(f)
the approximate location of all watercourses and wetlands on the
property; and
(g)
other such information as necessary to determine whether or not
every development conforms to the requirements of this By-law.
4.5.2
Notwithstanding Section 4.5.1, a lot plan shall not be required for changes
in the use of a building that do not alter the exterior of the building,
change the parking requirements, or change landscaping and buffering
requirements, unless specifically requested by the Development Officer.
4.6
Additional Plan Information
4.6.1
Where the Development Officer is unable to determine whether the proposed
development conforms to this By-law or other by-laws and regulations in
force, they may require that the plan submitted under Section 4.5 shows:
(a)
the precise location of rights-of-way, easements, watercourses,
and wetlands;
(b)
the location of every building erected upon any abutting lot;
(c)
the location of existing and proposed walkways;
(d)
the type and location of existing and proposed outdoor lighting;
(e)
the type, location, and height of any existing and/or proposed
retaining walls, fences, hedges, trees, shrubs, or groundcover, as
well as any retained natural vegetation;
(f)
the location and type of any amenity area or facilities provided for
users of the development; and/or,
(g)
existing and proposed service connections or on-site services.
10
4.7
Additional Studies and Plans
4.7.1
Where necessary to determine conformance with this Land Use By-law,
the Development Officer may require the applicant to provide additional
information at the necessary level of detail and, if necessary, prepared by
the appropriate professional at the applicant's cost. Such additional
information may include, but is not limited to:
(a)
site survey and/or location certificate prepared and stamped by a
Nova Scotia Land Surveyor;
(b)
topography and soil conditions of the subject site;
(c)
watercourse and/or wetland delineation study;
(d)
stormwater management plan;
(e)
floor plans and elevation drawings of any proposed structures;
(f)
geotechnical study;
(g)
site grading plan;
(h)
traffic impact assessment or study;
(i)
groundwater supply study; and/or
(j)
any other information deemed necessary by the Development
Officer.
11
4.8
Variances
4.8.1
Notwithstanding anything in this By-law, the Development Officer may
grant a variance subject to Section 235 of the Municipal Government Act.
Specifically, the Development Officer may vary:
(a)
the percentage of land that may be built upon;
(b)
the size or other requirements relating to setbacks;
(c)
lot frontage;
(d)
lot area;
(e)
location and number of parking spaces and loading spaces
required;
(f)
ground area of a structure;
(g)
height of a structure;
(h)
floor area occupied by a home-based business; and/or
(i)
height and area of a sign.
4.8.2
In accordance with the Municipal Government Act, the Development
Officer shall not grant a variance if:
(a)
the variance violates the intent of the Land Use By-law;
(b)
the difficulty experienced is general to properties in the area; or
(c)
the difficulty experienced results from an intentional disregard for
the requirements of this Land Use By-law.
12
4.9
Site Plan Approval
4.9.1
This By-law states the types of land uses that are subject to site plan
approval through permitted use tables and/or lists for each zone.
4.9.2
The approval and appeal procedures for Site Plan Approval shall follow
the requirements of the Municipal Government Act.
4.9.3
All other applicable criteria of this Land Use By-law shall still apply to any
development proposed and undertaken through site plan approval,
except for the following which may be varied by the Development Officer:
(a)
requirements related to yards;
(b)
lot coverage; and,
(c)
minimum parking requirements.
4.9.4
In addition to the requirements of Sections 4.4, 4.5, and 4.6, applications
for site plan approval shall meet the following requirements:
(a)
The application shall be accompanied by a written request,
including a rationale and any necessary supporting illustrations
addressing each of the applicable criteria outlined in Part 29.
(b)
The application shall be accompanied by a fee, in the amount
established by Council, for advertising and notification costs.
4.10
Site Plan Approval Exemptions
4.10.1
Notwithstanding zone requirements for site plan approval, the following
developments shall be exempt from site plan approval, provided all other
requirements of this By-law are met:
(a)
Interior building reconfigurations, or additions of up to a gross
floor area of 25.0 square metres (269 square feet).
(b)
Installation, replacement, or repair of building features and
building repairs or additions that neither change the footprint of
the building nor increase parking requirements.
(c)
Accessory structures with a footprint of less than 25.0 square
metres (269 square feet) on a property which is not subject to a
previously approved site plan, or where accessory structures are
not indicated on a previously approved site plan.
(d)
Changes to signage on a property which is not subject to a
previously approved site plan, or where signage was not indicated
on a previously approved site plan.
(e)
Temporary uses.
13
4.11
Site Plan Approval Review
4.11.1
The Development Officer shall review applications for new developments
permitted by site plan approval, and amendments to existing site plan
approvals, against all applicable criteria of this Land Use By-law and the
applicable criteria in Part 29.
4.12
Site Plan Approval Notification
4.12.1
Where the Development Officer has granted a site plan approval,
notification of the approval shall be served upon all assessed properties
that lie within 60.0 metres of the property subject to the site plan
approval.
14
5
Zones and Zoning Maps
5.1
Zones
5.1.1
For the purposes of this By-law, the Municipality is divided into the
following zones, the boundaries of which are shown on the attached
Schedule 'A'. Such zones may be referred to by the appropriate symbols:
5.1.2
In addition to 5.1.1, this Bylaw contains the following overlay zones,
shown on the attached Schedule 'B', which implement additional
requirements beyond those created by the underlying zoning:
5.2
Zoning Maps
5.2.1
Schedule 'A' attached hereto may be cited as the "Zoning Maps".
5.2.2
Schedule 'B' attached hereto may be cited as the "Wind Resource
Overlay Map".
5.2.3
The Zoning Maps and Wind Resource Overlay Map form part of this By-
law.
Zone Name
Zone Symbol
Agriculture Potential Zone
AP
Commercial Recreation Zone
CR
Comprehensive Development District Zone
CDD
Conservation Zone
C
Fishing Zone
RF
General Centre Zone
GC
Hamlet Core Zone
HC
Hamlet Residential Zone
HR
Highway Commercial Zone
HWY
Institutional Zone
I
Lakeshore Zone
RL
Light Industrial Centre Zone
MI
Main Street Zone
MS
Parks and Open Space Zone
PO
Residential Centre Zone
R
Rural Commercial Zone
RC
Rural General Zone
RG
Rural Industrial Zone
RM
Source Water Protection Zone
WP
Overlay Zone Name
Zone Symbol
Wind Resource Overlay Zone
WR-1
15
6
General Provisions
6.1
Application of General Provisions
6.1.1
The provisions of this Part shall, unless otherwise specified, apply to all
uses and zones and shall prevail over all zone requirements except where
expressly stated otherwise.
6.2
Accessory Buildings and Structures
6.2.1
Accessory buildings shall be located on the same lot as the main use.
6.2.2
Accessory buildings shall not be located in the front or flanking yard.
6.2.3
Notwithstanding the minimum rear setback for accessory buildings, boat
houses, docks, wharves, or piers may be built across the lot line when
said lot line corresponds to the water's edge.
6.2.4
Notwithstanding lot standards for accessory buildings, accessory
buildings legally existing on the date of this By-law's adoption with less
than the required setback shall be permitted to be replaced or rebuilt in
the same location provided the accessory building does not increase its
non-conformity.
6.2.5
Notwithstanding the minimum rear and side setback for accessory
buildings, accessory buildings without windows or perforations on the
side of the building facing the abutting lot line may be built 0.6 metres (2.0
feet) from said lot line.
6.3
Accessory Uses
6.3.1
Uses accessory to a permitted use shall be permitted in all zones.
6.4
Building Height Exception
6.4.1
Notwithstanding building height requirements in this By-law, maximum
height requirements shall not apply to church spires, solar collectors,
observation towers, silos, gondolas, water tanks, elevator enclosures, flag
poles, television or radio antennae, ventilators, skylights, chimneys, clock
towers, guard rails, telecommunication towers, and other similar
structures.
6.5
Building to be Moved
6.5.1
No person shall move any building onto a lot without first obtaining a
development permit from the Development Officer.
16
6.6
Electric Vehicle Charging - Accessory
6.6.1
Electric vehicle charging stations shall be permitted as an accessory use
in all zones and a development permit shall not be required.
6.7
Encroachment into Setbacks
6.7.1
Notwithstanding the zone standards in this By-law, the follow
encroachments into minimum required setbacks shall be permitted:
6.8
Existing Undersized Lots
6.8.1
Except for lots created under Section 21A of the Municipality's
Subdivision By-law, any lot legally in existence on or before the effective
date of this By-law, having less than the required minimum lot frontage or
area, may be:
(a)
used for a purpose permitted in the zone on the lot and a building
may be erected on such lot, provided that all other applicable
provisions of this By-law are satisfied; and
(b)
increased in area and/or frontage as a result of an approved plan
of subdivision and still be considered an undersized lot under this
By-law.
Feature
Required
Setback in which
Encroachment is
Permitted
Permitted
Encroachment
Distance
Balconies, decks (> 0.3 m [0.98 ft] high),
patios, steps, verandas, porches (open) not
exceeding one storey in height, terraces
(uncovered)
Any
To lot line
Barrier free access structures
Any
To lot line
Carports
Side
0.6 m (1.96 ft) from
lot line
Exterior insulation retrofitted to an existing
building
Any
0.3 m (0.98 ft)
Fire escapes and exterior staircases
Rear and Side
1.5 m (4.92 ft)
Sills, belt courses, cornices, eaves, gutters,
chimneys, pilasters, or similar architectural
features
Any
0.6 m (1.96 ft)
Window bays up to 3.0 metres (9.8 ft) wide
Front, Rear, and
Flankage
1.0 m (3.28 ft)
17
6.9
Farm, Fish, and Forestry Stalls
6.9.1
Nothing in this By-law shall prevent the direct sale of fish or other seafood;
farm products such as, but not limited to, flowers, fruit, and vegetables;
and forestry products such as, but not limited to, Christmas trees,
wreaths, and maple products by individuals or companies engaged in the
harvesting of such, subject to the following provisions:
(a)
any associated structures shall be limited to a maximum total
footprint of 10.0 square metres (107.63 square feet) on a lot;
(b)
associated structures shall meet zone requirements for minimum
side and rear setbacks, but shall not be required to meet
minimum front or flankage setbacks; and
(c)
no development permit shall be required.
6.10
Flag Lots
6.10.1
Where development is proposed on a flag lot, zone standards for
minimum lot area shall be satisfied within the main portion of the flag lot
and the lot area contained within the prolongation shall not count towards
satisfying that requirement.
6.11
Frontage on a Road
6.11.1
In the Agriculture Potential Zone, lot frontage shall only be counted
towards meeting the minimum requirement of the Zone if the lot fronts on
an existing private road, an existing public road, or a private road with
bona fide access for up to six lots.
6.11.2
In the following Zones, lot frontage shall only be counted towards meeting
the minimum requirement of the Zone if the lot fronts on a public road or
an existing private road:
(a)
General Centre Zone
(b)
Main Street Zone
(c)
Residential Centre Zone
(d)
Light Industrial Centre Zone
6.11.3
In any zone of this By-law, a lot may be exempt from lot frontage
requirements if it was legally created based on Section 18, Section 21,
Section 22, or Section 23 of the Subdivision By-law of the Municipality of
the County of Antigonish and such lot may be used for a purpose
permitted in the zone and a building may be erected on such lot.
18
6.12
Home-based Businesses
6.12.1
Level I home-based businesses shall meet the following requirements:
(a) Permitted Uses
(i) Accommodations - 1 or 2 rental
units
(ii) Animal care
(iii) Art Gallery / Studio
(iv) Business or Professional Office
(v) Commercial School - 6 or fewer
students
(vi) Craft Product Workshop
(vii) Daycare Centre - 6 or fewer
clients
(viii) Medical Clinic
(ix) Personal Service Shop
(x) Service and Repair Shop,
excluding Small Engine Repair.
(b) Maximum number of on-
site, non-resident employees
(i) Two (2)
(c) Maximum Floor Area of
Home-based business
(i)
The equivalent of 25 percent of
the gross floor area of the
dwelling unit to which it is
accessory, or 50 square metres
(538.19 square feet), whichever is
less.
(d) Outdoor Storage and
Display
(i) Outdoor storage and display shall
not be permitted.
(e) Retail Sales
(i) Retail sales shall be limited to the
sale of products made,
assembled, refined, or repaired on
the premises; and the sale of
goods or materials associated
with the business.
(f) Permitted Signage
(i) One (1) non-illuminated wall or
ground sign not exceeding 1.0
square metres (10.76 square feet)
in sign area.
19
6.12.2
Level II home-based businesses shall meet the following requirements:
(a) Permitted Uses
(i) Accommodations - up to 5 rental
units
(ii) Animal care
(iii) Art Gallery / Studio
(iv) Automobile Repair Shop - 3 or
fewer automobiles at a time
(v) Business or Professional Office
(vi) Commercial School - 10 or fewer
students
(vii) Craft Product Workshop
(vii) Daycare Centre - 6 or fewer
clients
(ix) Forestry Use
(x) Medical Clinic
(xi) Personal Service Shop
(xii) Service and Repair Shop
(xiii) Take-out Restaurant
(b) Maximum number of on-
site, non-resident employees
(i) Three (3)
(c) Maximum Floor Area of
Home-based business
(i)
150 square metres (1,614.59
square feet), but when located
within a dwelling unit, the home-
based business shall not occupy
more than 40 percent of the gross
floor area of the dwelling unit.
(d) Outdoor Storage and
Display
(i) The total area of outdoor storage
and outdoor display (combined)
shall not exceed the maximum
permitted floor area of the home-
based business.
(ii) Outdoor storage and outdoor
display shall not be permitted in
the front or flankage yard or in
minimum require side and rear
setbacks.
(e) Retail Sales
(i)
Retail sales shall be limited to the
sale of products made,
assembled, refined, or repaired on
the premises; and the sale of
goods or materials associated
with the business
(f) Permitted Signage
(i)
One (1) non-illuminated wall or
ground sign not exceeding 1.0
square metres (10.76 square feet)
in sign area.
20
6.13
Home Offices
6.13.1
Nothing in this By-law shall prevent, and no development permit shall be
required for, the use of a portion of any dwelling or building accessory to a
dwelling as a personal office or studio for residents of the dwelling if the
personal office or studio is not intended to be visited by members of the
public.
6.14
Illumination
6.14.1
Exterior lighting on any lot shall be directed away from, and shall not
cause glare on, adjoining properties or adjacent streets.
6.15
Instruction of One Student at a Time
6.15.1
Nothing in this By-law shall prevent, and no development permit shall be
required for, the use of a portion of any dwelling or building accessory to a
dwelling for the instruction of one student at a time.
6.16
Islands
6.16.1
Notwithstanding minimum lot frontage requirements, and consistent with
Section 19 of the Municipality of the County of Antigonish Subdivision By-
law, the Development Officer may grant a development permit for
development on an island that does not contain a public street or private
road, provided:
(a)
the lot has a minimum of 6.0 metres (19.68 feet) of water frontage
on the body of water that creates the island; and
(b)
all other requirements of this By-law and the Subdivision By-law
are satisfied.
6.17
Habitation of Vehicles
6.17.1
Trucks, trailers, buses or coach bodies, or similar structures shall not be
used for human habitation.
6.18
Kennels
6.18.1
Notwithstanding minimum lot area and minimum side and rear yard
setback requirements, kennels, where permitted, shall be subject to the
following requirements:
(a)
Kennel uses shall have a minimum lot area of 10,000 square
metres (107,639.1 square feet).
(b)
Side and rear yard setbacks shall be a minimum of 15.24 metres
(50.0 feet).
21
6.19
Marine Industrial Uses
6.19.1
Notwithstanding the provisions of this By-law, the storage of equipment
associated with a marine industrial use shall be permitted as an accessory
use in all zones.
6.20
Multiple Main Buildings
6.20.1
Unless otherwise prohibited in this By-law, any number of main buildings
may locate on the same lot, subject to applicable zone requirements.
6.21
Multiple Land Uses on Property
6.21.1
In any zone, where any land or building is used for more than one
purpose, all the provisions of this By-law relating to each use shall be
satisfied. Where there is a conflict, such as in the case of lot area or lot
frontage, the higher or more stringent standard shall prevail.
6.22
Non-conforming Structures
6.22.1
Notwithstanding lot area, lot frontage, and minimum setback requirements
of this By-law, the use of a non-conforming structure may be changed to
any other use permitted in that zone, provided all other requirements of
this By-law are met.
6.22.2
Non-conforming structures may be replaced, reconstructed, enlarged,
renovated, and/or repaired, provided:
(a)
any such construction does not further infringe on the By-law
requirements(s) that created the non-conformity; and
(b)
all other requirements of this By-law are met.
6.23
Non-conforming Uses
6.23.1
Non-conforming uses shall be subject to the provisions for non-
conforming uses of the Municipal Government Act, except the use may
be recommenced if discontinued for a continuous period of 12 months.
6.23.2
Non-conforming uses may be converted to another non-conforming use
by site plan approval, subject to the applicable provisions of Part 29.
22
6.24
Self-Storage Facilities
6.24.1
Where permitted, and notwithstanding minimum side and rear yard
setback requirements, self-storage facilities shall adhere to the following
provisions:
(a)
Self-storage facility units accessed from the external building walls
shall not be permitted to be located along the front lot line of any
self-storage facility.
(b)
Side and rear yard setbacks shall be a minimum of 15.24 metres
(50.0 feet).
6.25
Side Yard Requirement - Exception
6.25.1
Notwithstanding anything else in the By-law, where buildings on adjacent
lots share a common wall, the applicable side yard requirements shall be
waived.
6.26
Shipping Containers
6.26.1
Shipping containers shall be permitted as an accessory structure, and
they shall be subject to the accessory structure provisions of Section 6.2.
6.27
Solar Collector Systems - Accessory
6.27.1
Accessory solar collector systems:
(a)
shall be permitted as an accessory use in all zones and may be
mounted as free-standing structures or on buildings;
(b)
when mounted on buildings may exceed the maximum building
height in the zone by up to 2.0 metres; and
(c)
when mounted as free-standing structures shall:
i.
not exceed a height of 2.0 metres;
ii.
not be located in any minimum front or flankage yard; and
iii.
not exceed a combined panel surface of 10 percent of
the lot area.
23
6.28
Solar Collector Systems - Large-scale
6.28.1
Large-scale solar collector systems in the Hamlet Residential (HR) and
Hamlet Core (HC) Zone shall be limited to a collector area of 500.0 square
metres (5,381.96 square feet).
6.29
Storage Buildings
6.29.1
A storage building shall not be an "Accessory Building" as defined in sub
clause 1.2.1.2(2)(a) of the Nova Scotia Building Code Regulations.1
6.29.2
An Environment Approval or Qualified Persons Report verifying soil
conditions adequate to contain an onsite sewer system may be required.
6.30
Urban Farm Uses
6.30.1
Where an urban farm use includes the keeping of livestock, the use may
be permitted one (1) accessory structure, with a gross floor area no
greater than 20.0 square metres (215.27 square feet), for the keeping of
livestock. Please note that larger livestock structures are possible as an
"agricultural uses" land use in zones that permit that use.
6.30.2
Where an urban farm use includes the keeping of livestock, property
owners should note that the Fences and Detention of Stray Livestock Act
requires fencing adequate to prevent the escape of livestock.
6.30.3
Any accessory structure used for an urban farm use shall be subject to
the requirements of Section 6.2.
6.31
Use of Former Community Facilities
6.31.1
The reuse of former community facilities, existing on April 9, 2024,
including, but not limited to, schools, community halls, places of worship,
and other similar community facilities, shall be considered to assume a
use not otherwise permitted in the applicable land use zone in which the
community facility is located, by Development Agreement, subject to
Policy 4-35 of the Municipal Planning Strategy.
1 (2) Unless a municipality otherwise requires by by-law, or where regulations are in another enactment, the Code applies but a building permit is
not required for (a) accessory buildings not greater than 20 m2 (215.2 ft.2) in area
24
6.32
Utilities
6.32.1
Unless otherwise stated, any public utility that is essential for the actual
provision of a service, not including energy generation systems, wind
turbines, and large-scale solar collector systems, shall be permitted in any
zone and shall be exempt from zone standards. These utilities include, but
are not limited to, telephone switching centres, electrical substations,
sewage treatment facilities, and water supply facilities.
6.32.2
For greater clarity, uses not directly related to the provision of utility
service shall not be included in the exemptions of this Section, and shall
only be permitted in accordance with zone requirements. Such uses
include, but are not limited to, administrative offices and maintenance
depots.
6.33
Visibility at Intersections
6.33.1
Notwithstanding anything else in this By-law, on a corner lot, no building,
structure, fence, sign, hedge, shrub, bush or tree, or any other structure
or vegetation shall be erected or permitted to grow to a height greater
than 0.6 metres (1.96 feet) above grade within the corner vision triangle.
6.34
Watercourse Buffer
6.34.1
All development with the exception of the following shall be prohibited
within 15.24 metres (50.0 feet) of the ordinary high watermark of any
watercourse:
(a)
Boat houses, fishing gear sheds, docks, wharves, piers, and
slipways.
(b)
Marine industrial uses.
(c)
Boardwalks, walkways, and trails with a maximum width of 3.0
metres (9.84 feet).
(d)
Pumphouses.
(e)
Scientific research structures.
(f)
Public streets and infrastructure.
(g)
Development in the Source Water Protection (WP) Zone.
(h)
Development in the Fishing Zone (RF) Zone.
25
7
Wind Turbines
7.1
Zoning Provisions for Wind Turbines
7.1.1
Notwithstanding the permitted uses in the underlying land use zone, wind
turbines shall be permitted, or not, as outlined in the sections of this Part.
7.2
Wind Turbine Application Requirements
7.2.1
In addition to the requirements of Section 4.4, development permit
applications for all wind turbines shall include the following supplementary
documentation:
(a)
The turbine manufacturer's specifications and Canadian Safety
Association certification.
(b)
Project definition including installed turbine(s) capacity, targeted
long term production levels, scale elevations or photos of turbines
showing total height, tower height, rotor diameter and colour.
(c)
Analysis of noise impact including a map indicating all lands and
sensitive receptors impacted by the >40dBA emission level and
estimated noise levels at property lines and receptors.
(d)
Any other information deemed necessary by the Municipality to
evaluate the application.
7.2.2
For utility scale wind turbines, the developer shall also submit the
following:
(a)
Authorization documents from Transport Canada, NavCan and
any other federal departments if applicable.
(b)
An Environmental Impact Assessment, if the turbine or wind farm
has a generating capacity at or in excess of two (2) megawatts.
(c)
Documentation stating that the project does not disrupt
provincially significant wildlife habitat or endangered species
habitat.
(d)
A decommissioning and site reclamation plan.
26
7.3
Requirements for Mini- and Domestic-scale Wind
Turbines
7.3.1
Mini- and domestic-scale wind turbines shall be permitted in all zones,
subject to the following requirements:
(a)
The maximum height of the turbine shall be 60 metres.
(b)
The minimum setback from all adjacent lot boundaries shall be
three times the height of the turbine. This may be reduced to two
times the height of the turbine subject to an analysis of noise
impacts indicating that the mean value of sound pressure level
from a wind turbine does not exceed 40dBA or is not above the
existing background noise, whichever is greater, at the nearest
residence. Additionally, the minimum setback from adjacent lot
boundaries shall be waived if such adjacent property owner
agrees to grant an easement binding on the current and future
landowners.
(c)
There shall be no signs, advertisements, or objects attached to or
added to the turbine.
(d)
Turbines greater than 6.0 metres (19.7 feet) in height shall not be
mounted on or attached to any other structure.
(e)
All supporting structures must be located three metres from the
property line.
(f)
All supporting structures including guy wires shall be clearly visible
to a height of 2.0 metres (6 feet) above the ground.
7.3.2
In addition to the requirements of Subsection 7.3.1, domestic-scale wind
turbines shall be subject to the following requirements:
(a)
The minimum lot size for the subject property shall be 0.4
hectares (1 acre).
(b)
A maximum of one domestic-scale wind turbine shall be
permitted per lot.
27
7.4
Requirements for Utility-scale Wind Turbines
7.4.1
Utility-scale wind turbines shall only be permitted on lands within the Wind
Resource Overlay, as identified on Schedule 'B'.
7.4.2
Utility-scale wind turbines, where permitted, shall be subject to the
following requirements:
(a)
The minimum setback from all residences, except residences
located on the same lot as the wind turbine, shall be 600 metres
(1969 feet). There is no setback requirement from residences
located on the same lot.
(b)
The minimum setback for larger turbines or wind farms requiring
environmental assessment from all residences, except residences
located on the same lot as the wind turbine, shall be 1,000
metres (3280 feet). There is no setback requirement from
residences located on the same lot.
(c)
The minimum separation distance between turbines shall be
equal to the height of the tallest turbine.
(d)
The minimum setback from all property lines shall be 10 metres
(32.8 feet) plus one times the height of the rotor.
(e)
There are no setback requirements for new residences
constructed subsequent to a utility scale wind turbine
development.
(f)
The minimum setbacks from public highways shall be 60 metres
or two times the height of the turbine, whichever amount is
greater.
(g)
Minimum setbacks from watercourses shall be 30 metres plus the
blade length.
(h)
The minimum setback from all coastlines shall be 100 metres.
(i)
The mean value of sound pressure level from a wind turbine shall
not exceed 40dBA or above the existing background noise,
whichever is greater, at the nearest residence.
(j)
There shall be no signs, advertisements or objects attached to or
added to the turbine(s).
28
7.5
Special Provisions for Wind Turbines
7.5.1
Notwithstanding the setback requirement from a residence contained in
Subsection 7.4.2, where a residence is constructed within the setback
distance of utility-scale wind turbine development erected after June 1st,
2009, the wind turbine development may expand. The setback
requirement for any expansion shall be equal to or greater than the
setback between the initial wind turbine development and the residence.
7.5.2
The setback requirements from property lines for utility-scale wind
turbines contained in Subsection 7.4.2 are waived where wind turbine
development occurs on land where the adjacent property is subject to a
lease for that purpose for a term of 19 years or greater. The setback
requirement shall apply to any property which is not leased for wind
turbine development.
7.5.3
Notwithstanding the minimum setback from coastlines specified in
Subsection 6.34, in cases where topographical conditions permit, the
Development Officer may grant a variance by not more than 40 percent.
7.5.4
The owner shall remove a wind turbine from the lot following one year of
inactivity. All supporting structures on the lot shall be removed within 60
days of the date of notification by the Municipality and the surface site
restored to a reasonable natural state within 18 months. A new
application shall be submitted and approved before a new turbine is
installed or a wind turbine is restarted after the expiration of the one year
period.
29
8
Parking
8.1
Application of Parking Requirements
8.1.1
The requirements of this Part shall apply to the:
(a)
General Centre (GC) Zone,
(b)
Hamlet Core (HC) Zone,
(c)
Hamlet Residential (HR) Zone,
(d)
Main Street (MS) Zone, and
(e)
Residential Centre (R) Zone.
8.1.2
The requirements of this Part shall not apply to any land use that was in
existence on the effective date of this By-law.
8.1.3
Where a change in use would require parking that could not be
accommodated on the lot without the demolition, in whole or in part, of a
main building existing on April 9, 2024, the Development Officer may
consider a reduction in the number of parking spaces via the variance
process as outlined in Section 4.8.
8.2
Minimum Number of Automobile Parking Spaces
8.2.1
Where a lot contains more than one use, the number of required parking
spaces shall be the sum of the number of parking spaces required for
each use.
8.2.2
Where the number of automobile parking spaces required includes a
fraction or fractions of whole spaces, the number of spaces for all uses
shall be totaled before any rounding, and then the total shall be rounded
to the nearest whole number. Half spaces shall be rounded down.
8.2.3
Required automobile parking spaces shall be:
(a)
a minimum of 2.5 metres (8.20 feet) wide by 5.5 metres (18.04
feet) long for 90-degree spaces;
(b)
a minimum of 3.6 metres (11.81 feet) wide by 5.7 metres (18.70
feet) long for angled spaces; and
(c)
except for dwellings with fewer than four units, shall be capable of
being accessed without travelling through another parking space.
8.2.4
Parking shall be provided and maintained in conformity with Table 8-1. If a
use is not listed in Table 8-1, no parking minimums shall apply.
30
Table 8-1
Use
Parking Spaces Required
Accommodation
1 space per suite or rental
Art Gallery / Studio
1 space
Animal Care
3 spaces
Automobile Body or Repair Shop
2 spaces per service bay
Banks and Financial Institutions
1 space per 50 m2 GFA (538.19 ft2)
Boarding (Rooming) House
1 space per sleeping unit
Business or Professional Office
1 space per 50 m2 GFA (538.19 ft2)
Commercial Recreation - Indoor
1 space per 50 m2 GFA (538.19 ft2)
Convenience Store
3 spaces
Dwellings
1 space per dwelling unit
Funeral Home
1 space per 25 m2 GFA (269.10 ft2),
not including area dedicated to
crematoria
Personal Service Shop
1 space per 50 m2 GFA (538.19 ft2)
Post Office
4 spaces
Private Club
1 space per 50 m2 GFA (538.19 ft2)
Restaurant - Eat-in
1 space per 25 m2 GFA (269.10 ft2)
Restaurant - Drive-through
1 space per 45 m2 GFA (484.37 ft2)
Restaurant - Take out
3 spaces
Retail Store
1 space per 30 m2 GFA (322.91 ft2)
School - Commercial
1 space per 50 m2 GFA (538.19 ft2)
Service and Repair Shop
3 spaces
GFA = Gross floor area
31
8.3
Location of Automobile Parking
8.3.1
Parking shall not be located in the front yard in the Main Street (MS) Zone.
8.3.2
No more than four (4) parking spaces shall be located in the front yard of
any dwelling.
8.4
Parking Exemption
8.4.1
Notwithstanding Section 8.2, all minimum automobile parking space
requirements shall be waived in the Main Street (MS) Zone.
8.5
Automobile Parking Area Standards
8.5.1
Where parking facilities for more than four (4) automobiles are required or
provided, the facilities shall meet the following requirements:
(a)
The parking area shall be maintained with a stable surface that is
treated to prevent dust and loose particles.
(b)
The lights used for illumination of the parking lot or parking station
shall be so arranged as to divert the light away from streets,
adjacent lots and buildings.
(c)
A structure, not more than 4.6 metres (15.09 feet) in height and
not more than 5.0 square metres (53.81 square feet) in area may
be erected in the parking area for the use of attendants.
(d)
The parking area shall be within 100.0 metres (square feet) of the
location it is intended to serve, and shall be situated in the same
zone.
(e)
When the parking area is of a permanent hard surface, each
parking space shall be clearly marked and maintained as such.
32
9
Signage
9.1
Signage Provisions for All Zones
9.1.1
All signs and all parts thereof, including copy, framework, supports,
background, and anchors shall be kept in a good state of repair and
working order.
9.1.2
Any sign that no longer advertises a bona fide business conducted or a
product sold are deemed to be obsolete and shall be removed once the
use has been discontinued for a period exceeding 60 days. In the case of
seasonal businesses, the use shall be considered discontinued on
December 31st of a calendar year if the use was not operated in that
calendar year.
9.1.3
Where this Part is inconsistent with the regulations made or administered
by the Province of Nova Scotia respecting advertising signs on or near
public highways, the more restrictive regulations shall apply.
33
9.2
Signs Prohibited in All Zones
9.2.1
Notwithstanding any other provision of this By-law, the following signs
shall not be permitted in any zone:
(a)
Signs or sign structures that constitutes a hazard to public health
or safety.
(b)
Signs that obstruct free ingress to or egress from a fire escape
door, window or other required exit way.
(c)
Signs that obstruct access to any fire hydrant or firefighting hose
connection.
(d)
Signs which have any visible moving part or mechanical
movement of any description.
(e)
Flashing or animated signs.
(f)
Signs not erected by a public authority which make use of words
such as "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD", or
other similar words, phrases, symbols, lights, or characters
displayed in such a manner as to interfere with, mislead, or
confuse traffic along a public road.
(g)
Signs on public property or within a public right-of-way, unless
erected by a government body or unless written permission to do
so has been obtained from the governmental body.
(h)
Signs painted on, attached to, or supported by a tree, stone, cliff,
or other natural object.
(i)
Signs that, by reason of size, location, content, colouring, or
manner of illumination, obstruct the vision of automobile drivers or
obstruct or detract from the visibility or effectiveness of any traffic
sign or control device on public streets and roads.
(j)
Signs located on the roof of any structure.
34
9.3
Signs Permitted in all Zones
9.3.1
Notwithstanding any other provisions of this By-law, the following signs
are permitted in all zones without the requirement for a development
permit:
(a)
"No Trespassing" signs or other such signs regulating the use of a
property, and of not more than 0.2 square metres (2.15 square
feet) in sign area.
(b)
Signs erected by a governmental body, or under the direction of
such a body, and bearing no commercial advertising, such as
traffic signs, safety signs, signs identifying public schools, public
election lists, signs giving legal notice, planning application signs,
and public identification and information signs.
(c)
Election signs.
(d)
Memorial signs or tablets and signs denoting the date of erection
of a structure.
(e)
A maximum of two (2) real estate signs on a property, each one
not exceeding 0.5 square metres (5.38 square feet) in sign area,
which advertise the sale, rental, or lease of the premise.
(f)
Signs identifying the name and occupation of the resident, and of
not more than 0.2 square metres (2.15 square feet) in sign area.
(g)
Signs bearing the name or civic number of a building, and of not
more than 0.2 square metres (2.15 square feet) in sign area.
(h)
Signs mounted on the interior surface of sporting facilities such
as, but not limited to, signs mounted on baseball diamond
fences.
(i)
Signs regulating or denoting on-premise traffic, or parking or
other signs denoting the direction or function of various parts of a
building or premise, provided that such signs are less than 0.5
square metres (5.38 square feet) in sign area.
(j)
The flag, pennant, or insignia of any nation, province, or state or
of any religious, charitable, or fraternal organization.
(k)
Interpretive panels describing the history, science, or cultural
relevance of a location.
(l)
A sign incidental to the construction of a residential, commercial,
or industrial building, which is located on the same lot as the
structure under construction. Such sign shall have a sign area of
no more than 6.0 square metres (64.58 square feet) and shall be
removed within sixty days following the completion of
construction.
35
(m)
Temporary signs associated with a specific event, which does not
exceed 1.5 square metres (16.14 square feet) in sign area. Such
signs shall not be placed more than 14 calendar days before an
event and shall be removed within seven (7) of the event's
conclusion.
(n)
Signs erected in compliance with any Municipality of the County
of Antigonish signage program and holding a valid permit as may
be required by any by-law or Council policy applicable to any
such program.
9.4
Signage Provisions for the Serviced Areas and Hamlet
Areas
9.4.1
The signage provisions of this Section shall apply to those lands located
within the following zones:
(a)
General Centre (GC) Zone
(b)
Hamlet Core (HC) Zone
(c)
Hamlet Residential (HR) Zone
(d)
Main Street (MS) Zone
(e)
Residential Centre (R) Zone
9.4.2
No person shall erect or relocate any signs, except those permitted under
Section 9.3, without first obtaining a development permit from the
Development Officer, and no development permit shall be issued to erect
a sign unless all the sign provisions of this By-law are satisfied.
9.4.3
A development permit shall not be required for:
(a)
a changeable copy sign with a valid development permit, where
the changeable portion of the sign is altered so long as the sign or
sign structure is not modified in any other way; or
(b)
the repainting, cleaning, or repairing of a sign or sign structure, for
which has a valid development permit, so long as the sign or sign
structure is not modified in any other way.
36
9.4.4
In addition to the provisions of Section 4.4 of this By-law, the following
information shall be provided by the applicant for a development permit
for a sign:
(a)
the name and address of the owner of the sign;
(b)
the name and address of owner or person in possession of the
premises where the sign is to be located;
(c)
clear and legible drawings showing the exact location of the sign
that is the subject of the permit and all other existing signs on the
same premises; and
(d)
drawings showing the dimensions, supports, sizes, materials of
sign and the method of attachment and the character of
structural members to which attachments are to be made.
9.4.5
Permitted signage shall be outlined in Table 9-1. All requirements are
maximums:
9.5
Illumination
9.5.1
Signs may be internally-illuminated or illuminated through the use of
shielded downlighting but such illumination shall not flash.
Table 9-1
Main Street
Zone
General
Centre Zone
Residential
Centre Zone
Hamlet
Residential
Zone
Hamlet
Core Zone
Ground Sign
6 m (19.68
ft) tall / 4 m2
(43.05 ft2)
sign area
10 m (32.81
ft) tall / 7 m2
(75.35 ft2)
sign area
Not
Permitted
Not
Permitted
6 m (19.68
ft) tall / 4 m2
(43.05 ft2)
sign area
Wall Sign
10% of wall
20% of wall
5% of wall
5% of wall
15% of wall
Projecting Sign
1 m (3.28
feet)
projection /
1 m2 (10.76
ft2) sign area
1.5 m (4.92
feet)
projection /
2 m2 (21.52
ft2) sign area
1 m (3.28
feet)
projection /
1 m2 (10.76
ft2) sign area
1 m (3.28
feet)
projection /
1 m2 (10.76
ft2) sign area
1.5 m (4.92
feet)
projection /
2 m2 (21.52
ft2) sign area
Mobile Sign
Not
permitted
One per
property
Not
permitted
Not
permitted
One per
property
Sandwich Board
Signs
One per
business
One per
business
One per
business
One per
business
One per
business
Roof Signs
Not
permitted
Not
permitted
Not
permitted
Not
permitted
Not
permitted
Third Party Signs
Not
permitted
Not
permitted
Not
permitted
Not
permitted
Not
permitted
37
10 Main Street (MS) Zone
10.1
Permitted Uses
10.1.1
The following uses shall be permitted in the Main Street (MS) Zone subject
to the requirements of this By-law:
(a)
Accommodations
(b)
Animal Care
(c)
Banks and Financial Institutions
(d)
Boarding (Rooming) Houses - up to 12 sleeping units per lot
(e)
Commercial Recreation - Indoor
(f)
Community Centre
(g)
Craft Food and Beverage Production
(h)
Cultural Facilities
(i)
Daycare Centre
(j)
Drinking Establishment
(k)
Dwelling - up to 12 dwelling units per lot
(l)
Electric Vehicle Charging as a main use
(m)
Farmers' Market
(n)
Funeral Home
(o)
Government Uses
(p)
Interpretive Centre
(q)
Marina
(r)
Medical Clinic
(s)
Nursing Home
(t)
Office
(u)
Parking Structures and Surface Parking Lots
(v)
Parks and Playgrounds
(w)
Personal Service Shop
(x)
Place of Worship
(y)
Private Club
(z)
Public Recreation
(aa)
Public Transportation
38
(bb)
Recycling Depot
(cc)
Residential Care Facility
(dd)
Restaurant - Eat-in
(ee)
Restaurant - Take-out
(ff)
Retail Store
(gg)
School - Academic
(hh)
School - Commercial
(ii)
School - Post-secondary
(jj)
Small Options Home
(kk)
Trails and Conservation
(ll)
Water Access
(mm)
Workshop
10.2
Permitted Uses with Conditions
10.2.1
The following uses shall be permitted in the Main Street (MS) Zone subject
to the requirements of this By-law and any conditions noted:
(a)
Home-based Business - Level I - Subsection 6.12.1
(b)
Home-based Business - Level II - Subsection 6.12.2
(c)
Light Industrial - Section 10.7
(d)
Urban Farm Uses - Section 6.30
39
10.3
Permitted Uses by Site Plan Approval
10.3.1
The following uses shall be permitted in the Main Street (MS) Zone by Site
Plan Approval subject to the requirements of this By-law:
(a)
Boarding (Rooming) House - over 12 sleeping units per lot
(b)
Dwelling - over 12 dwelling units per lot
10.4
Permitted Uses by Development Agreement
10.4.1
The following uses shall be considered in the Main Street (MS) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
(b)
Any land use permitted by this zone but not in compliance with
the design standards of Section 10.6 - MPS Policy 3-45
10.5
Main Street (MS) Zone Development Standards
10.5.1
In the Main Street (MS) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
200 m2
2152.80 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
6 m
19.69 ft
Minimum Front/Flankage Setback
1.5 m
4.92 ft
Maximum Front/Flankage Setback
6 m
19.69 ft
Minimum Side Setback
- Main Building
0 m
0.00 ft
- Accessory Building
1 m
3.28 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
21.2 m
69.55 ft
- Accessory Building
8 m
26.25 ft
40
10.5.2
Where an easement in the front or flankage yard prevents construction
within the maximum setback, the maximum setback shall apply to the
edge of the easement instead.
10.5.3
The maximum front setback shall only apply to one (1) main building per
lot.
10.5.4
The party wall of attached, side-by-side dwellings or commercial uses
may be centred on mutual side lot lines and shall be exempt from the
minimum side setback requirements.
10.5.5
The exemption of Subsection 10.5.4 may be applied to up to six dwelling
or three commercial or mixed-use buildings which are attached to each
other.
10.6
Building Standards in the Main Street (MS) Zone
10.6.1
Main buildings developed or enlarged within the Main Street (MS) Zone
shall comply with the requirements of this Section.
Building Composition
10.6.2
A minimum of 50 percent of the lot width, as measured along a line
parallel to the front and flankage lot lines at the minimum front and
flankage setback requirement, shall be occupied by a building.
10.6.3
The minimum building height shall be 6.0 metres (19.68 feet).
10.6.4
The minimum ground floor height shall be 3.5 metres (11.48 feet).
10.6.5
Above a height of 8.0 metres (26.24 feet):
(a)
buildings shall have a stepback of a minimum 2.5 metres (8.20
feet) away from the front and flankage lot line; or
(b)
all floor area above that elevation shall be developed within the
attic of a sloped roof.
10.6.6
If the building exceeds 12.0 metres (39.37 feet) in width, the facades shall
be broken into sections no larger than 12.0 metres (39.37 feet) in width
using architectural elements such as projections, recesses, awnings,
colour, texture, pilasters, and columns, to break up the continuous
massing of the front and flankage elevations.
10.6.7
Utilities such as vents, mechanical rooms/equipment, and elevator
penthouses should be integrated with the architectural treatment of the
roof, be located so as to be inconspicuous from any sidewalk, or be
screened with materials and finishes compatible with the buildings design.
41
Wall Openings
10.6.8
Doors to commercial uses shall be partially or fully glazed.
10.6.9
In the first storey, blank walls without any articulation or windows may not
exceed a horizontal length of 5.0 metres (16.40 feet).
10.6.10 At least 50 percent of the area of building's ground floor front elevation
shall be glazed.
10.6.11 All new developments shall provide a clearly defined pedestrian entrance.
The main pedestrian entrance shall be visually distinct from other
openings in the street wall.
10.6.12 All main entrances should be ornamented by one of the following:
(a)
awnings;
(b)
emphasized door lintels;
(c)
cantilevered roof;
(d)
pilasters on the sides of the entrance; or
(e)
none of the above if the entire ground floor is visually separated
from upper floors by projecting string courses or cladding.
10.6.13 On corner lots, the building shall have entrances on the corner within a
bevel or on both lot frontages.
10.6.14 Vehicular entrances to buildings shall be set back by at least 2.0 metres
(6.56 feet) from the facade.
Site design
10.6.15 Pedestrian priority areas shall be clearly defined that allow for a
comfortable and safe pedestrian movement. This may be achieved
through the use of landscaping, surface materials, or other design
features.
10.6.16 Large areas of uninterrupted parking shall be avoided. The parking lots
shall not have more than 20 stalls in any direction without an interruption
by landscaping of at least 2.0 metres (6.56 feet) width.
10.7
Light Industrial Uses in the Main Street (MS) Zone
10.7.1
Within the Main Street (MS) Zone, light industrial uses shall be permitted
up to 1,000 square metres (10,763.9 square feet) in gross floor area.
42
11 General Centre (GC) Zone
11.1
Permitted Uses
11.1.1
The following uses shall be permitted in the General Centre (GC) Zone
subject to the requirements of this By-law:
(a)
Accommodations
(b)
Animal Care
(c)
Banks and Financial Institutions
(d)
Boarding (Rooming) House - up to 6 sleeping units per lot
(e)
Building Supply and Equipment Depot
(f)
Cemetery
(g)
Commercial Recreation - Indoor
(h)
Commercial Recreation - Outdoor
(i)
Community Centre
(j)
Craft Food and Beverage Production
(k)
Cultural Facilities
(l)
Daycare Centre
(m)
Drinking Establishment
(n)
Dwelling - up to 6 dwelling units per lot
(o)
Electric Vehicle Charging as a main use
(p)
Emergency Services
(q)
Farmers' Market
(r)
Funeral Home
(s)
Government Uses
(t)
Hospital
(u)
Interpretive Centre
(v)
Marina
(w)
Marine Recreation Providers
(x)
Medical Clinic
(y)
Nursing Home
(z)
Office
(aa)
Parking Structures and Surface Parking Lots
43
(bb)
Parks and Playgrounds
(cc)
Personal Service Shop
(dd)
Place of Worship
(ee)
Private Club
(ff)
Public Recreation
(gg)
Public Transportation
(hh)
Recycling Depot
(ii)
Residential Care Facility
(jj)
Restaurant - East-in
(kk)
Restaurant - Take-out
(ll)
Retail Store
(mm)
School - Academic
(nn)
School - Commercial
(oo)
School - Post-secondary
(pp)
Small Options Home
(qq)
Trails and Conservation
(rr)
Water Access
(ss)
Wholesale
(tt)
Workshop
11.2
Permitted Uses with Conditions
11.2.1
The following uses shall be permitted in the General Centre (GC) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Home-based Business - Level I - Subsection 6.12.1
(b)
Home-based Business - Level II - Subsection 6.12.2
(c)
Light Industrial - Section 11.6
(d)
Urban Farm Uses - Section 6.30
44
11.3
Permitted Uses by Site Plan Approval
11.3.1
The following uses shall be permitted in the General Centre (GC) Zone by
Site Plan Approval subject to the requirements of this By-law:
(a)
Automobile Body Shop
(b)
Automobile Repair
(c)
Automobile Sales
(d)
Automobile Service Station
(e)
Automobile Washing
(f)
Boarding (Rooming) House - 7 to 12 sleeping units per lot
(g)
Dwelling - 7 to 12 dwelling units per lot
(h)
Restaurant - Drive-through
11.4
Permitted Uses by Development Agreement
11.4.1
The following uses shall be considered in the General Centre (GC) Zone
by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Boarding (Rooming) House - over 12 sleeping units per lot - MPS
Policy 3-50
(b)
Dwellings - over 12 units per lot - MPS Policy 3-50
(c)
Energy Generation Systems - MPS Policy 4-49
45
11.5
General Centre (GC) Zone Development Standards
11.5.1
In the General Centre (GC) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
350 m2
3767.40 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
6 m
19.69 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
2 m
6.56 ft
- Accessory Building
1 m
3.28 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
11.6
Light Industrial Uses in the General Centre (GC) Zone
11.6.1
Within the General Centre (GC) Zone, light industrial uses shall be
permitted up to 1,000 square metres (10,763.9 square feet) in gross floor
area.
46
12 Residential Centre (R) Zone
12.1
Permitted Uses
12.1.1
The following uses shall be permitted in the Residential Centre (R) Zone
subject to the requirements of this By-law:
(a)
Boarding (Rooming) House - up to 4 sleeping units per lot
(b)
Cemetery
(c)
Community Centre
(d)
Dwelling - up to 4 dwelling units per lot
(e)
Government Uses
(f)
Medical Clinic
(g)
Nursing Home
(h)
Parks and Playgrounds
(i)
Place of Worship
(j)
Private Club
(k)
Public Recreation
(l)
Residential Care Facility
(m)
School - Academic
(n)
Small Options Home
(o)
Trails and Conservation
(p)
Water Access
12.2
Permitted Uses with Conditions
12.2.1
The following uses shall be permitted in the Residential Centre (R) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Home-based Business Level I - Subsection 6.12.1
(b)
Urban Farm Uses - Section 6.30
47
12.3
Permitted Uses by Site Plan Approval
12.3.1
The following uses shall be permitted in the Residential Centre (R) Zone by
Site Plan Approval subject to the requirements of this By-law:
(a)
Boarding (Rooming) House - 5 to 6 dwelling units per lot
(b)
Dwelling - 5 to 6 dwelling units per lot
12.4
Permitted Uses by Development Agreement
12.4.1
The following uses shall be considered in the Residential Centre (R) Zone
by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
12.5
Residential Centre (R) Zone Development Standards
12.5.1
In the Residential Centre (R) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
350 m2
3767.40 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
10 m
32.81 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
2 m
6.56 ft
- Accessory Building
1 m
3.28 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
8 m
26.25 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
48
13 Light Industrial Centre (MI) Zone
13.1
Permitted Uses
13.1.1
The following uses shall be permitted in the Light Industrial Centre (MI)
Zone subject to the requirements of this By-law:
(a)
Aggregate Related Industries
(b)
Agricultural Uses
(c)
Animal Care
(d)
Automobile Body Shop
(e)
Automobile Repair
(f)
Automobile Sales
(g)
Automobile Service Station
(h)
Automobile Washing
(i)
Banks and Financial Institutions
(j)
Building Supply and Equipment Depots
(k)
Commercial Recreation - Indoor
(l)
Commercial Recreation - Outdoor
(m)
Craft Food and Beverage Production
(n)
Drinking Establishment
(o)
Electric Vehicle Charging as a main use
(p)
Emergency Services
(q)
Farmers' Market
(r)
Forestry Related Uses
(s)
Funeral Home
(t)
Government Uses
(u)
Hospital
(v)
Light Industrial
(w)
Marina
(x)
Marine Industrial Uses
(y)
Marine Recreation Providers
(z)
Medical Clinic
(aa)
Office
49
(bb)
Parking Structures and Surface Parking Lots
(cc)
Parks and Playgrounds
(dd)
Personal Service Shop
(ee)
Private Club
(ff)
Public Recreation
(gg)
Public Transportation
(hh)
Recycling Depot
(ii)
Restaurant - Eat-in
(jj)
Restaurant - Take-out
(kk)
Retail Store
(ll)
School - Commercial
(mm)
Trails and Conservation
(nn)
Transportation and Logistics
(oo)
Warehousing
(pp)
Water Access
(qq)
Wholesale
(rr)
Workshop
13.2
Permitted Uses with Conditions
13.2.1
The following uses shall be permitted in the Light Industrial Centre (MI)
Zone subject to the requirements of this By-law and any conditions noted:
(a)
Home-based Business Level I - Subsection 6.12.1
(b)
Home-based Business Level II - Subsection 6.12.2
(c)
Kennel - Section 6.18
(d)
Self-storage Facilities - Section 6.24
13.3
Permitted Uses by Site Plan Approval
13.3.1
The following uses shall be permitted in the Light Industrial Centre (MI)
Zone by Site Plan Approval subject to the requirements of this By-law:
(a)
Restaurant - Drive-through
50
13.4
Permitted Uses by Development Agreement
13.4.1
The following uses shall be considered in the Light Industrial Centre (MI)
Zone by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
13.5
Light Industrial Centre (MI) Zone Development Standards
13.5.1
In the Light Industrial Centre (MI) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
1,800 m2
19375.20 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
8 m
26.25 ft
- Accessory Building
8 m
26.25 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
8 m
26.25 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
51
14 Hamlet Residential (HR) Zone
14.1
Permitted Uses
14.1.1
The following uses shall be permitted in the Hamlet Residential (HR) Zone
subject to the requirements of this By-law:
(a)
Agricultural Uses
(b)
Boarding (Rooming) House - up to 4 sleeping units per lot
(c)
Cemetery
(d)
Community Centre
(e)
Daycare Centre
(f)
Dwelling - up to 4 dwelling units per lot
(g)
Forestry Related Uses
(h)
Government Uses
(i)
Medical Clinic
(j)
Nursing Home
(k)
Parks and Playgrounds
(l)
Place of Worship
(m)
Private Club
(n)
Public Recreation
(o)
Residential Care Facility
(p)
School - Academic
(q)
Small Options Home
(r)
Trails and Conservation
(s)
Water Access
52
14.2
Permitted Uses with Conditions
14.2.1
The following uses shall be permitted in the Hamlet Residential (HR) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Home-based Business Level I - Section 6.12.1
(b)
Home-based Business Level II - Section 6.12.2
(c)
Solar Collector Systems - Large-scale - Section 6.28
(d)
Storage Building - Section 6.29
(e)
Urban Farm Uses - Section 6.30
14.3
Permitted Uses by Site Plan Approval
14.3.1
The following uses shall be permitted in the Hamlet Residential (HR) Zone
by Site Plan Approval subject to the requirements of this By-law:
(a)
Boarding (Rooming) House - 5 to 6 sleeping units per lot
(b)
Dwelling - 5 to 6 dwelling units per lot
14.4
Permitted Uses by Development Agreement
14.4.1
The following uses shall be considered in the Hamlet Residential (HR)
Zone by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
53
14.5
Hamlet Residential (HR) Zone Development Standards
14.5.1
In the Hamlet Residential (HR) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area
2,700 m2
29062.80 ft2
Minimum Lot Frontage
10 m
32.81 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
3 m
9.84 ft
- Accessory Building
3 m
9.84 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
3 m
9.84 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
54
15 Hamlet Core (HC) Zone
15.1
Permitted Uses
15.1.1
The following uses shall be permitted in the Hamlet Core (HC) Zone
subject to the requirements of this By-law:
(a)
Accommodations
(b)
Agricultural Uses
(c)
Animal Care
(d)
Automobile Body Shop
(e)
Automobile Repair
(f)
Automobile Service Station
(g)
Automobile Washing
(h)
Banks and Financial Institutions
(i)
Boarding (Rooming) House - up to 6 sleeping units per lot
(j)
Building Supply and Equipment Depot
(k)
Cemetery
(l)
Commercial Recreation - Indoor
(m)
Commercial Recreation - Outdoor
(n)
Community Centre
(o)
Craft Food and Beverage Production
(p)
Cultural Facilities
(q)
Daycare Centre
(r)
Drinking Establishment
(s)
Dwelling - up to 6 dwelling units per lot
(t)
Electric Vehicle Charging as a main use
(u)
Emergency Services
(v)
Farmers' Market
(w)
Forestry Related Uses
(x)
Funeral Home
(y)
Government Uses
(z)
Hospital
(aa)
Interpretive Centre
55
(bb)
Marina
(cc)
Marine Industrial Uses
(dd)
Marine Recreation Providers
(ee)
Medical Clinic
(ff)
Nursing Home
(gg)
Office
(hh)
Parking Structures and Surface Parking Lots
(ii)
Parks and Playgrounds
(jj)
Personal Service Shop
(kk)
Place of Worship
(ll)
Private Club
(mm)
Public Recreation
(nn)
Public Transportation
(oo)
Recycling Depot
(pp)
Residential Care Facility
(qq)
Restaurant - Eat-in
(rr)
Restaurant - Take-out
(ss)
Retail Store
(tt)
School - Academic
(uu)
School - Commercial
(vv)
School - Post-secondary
(ww)
Small Options Home
(xx)
Trails and Conservation
(yy)
Transportation and Logistics
(zz)
Warehousing
(aaa)
Water Access
(bbb)
Wholesale
(ccc)
Workshop
56
15.2
Permitted Uses with Conditions
15.2.1
The following uses shall be permitted in the Hamlet Core (HC) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Home-based Business - Level I - Subsection 6.12.1
(b)
Home-based Business - Level II - Subsection 6.12.2
(c)
Kennel - Section 6.18
(d)
Light Industrial - Section 15.6
(e)
Self-Storage Facilities - Section 6.24
(f)
Solar Collector Systems - Large Scale - Section 6.28
(g)
Storage Building - Section 6.29
(h)
Urban Farm Uses - Section 6.30
15.3
Permitted Uses by Site Plan Approval
15.3.1
The following uses shall be permitted in the Hamlet Core (HC) Zone by
Site Plan Approval subject to the requirements of this By-law:
(a)
Automobile Sales
(b)
Boarding (Rooming) House - over 6 sleeping units per lot
(c)
Dwelling - over 6 dwelling units per lot
(d)
Restaurant - Drive-through
15.4
Permitted Uses by Development Agreement
15.4.1
The following uses shall be considered in the Hamlet Core (HC) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
57
15.5
Hamlet Core (HC) Zone Development Standards
15.5.1
In the Hamlet Core (HC) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
2,700 m2
29062.80 ft2
Minimum Lot Frontage
10 m
32.81 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
3 m
9.84 ft
- Accessory Building
3 m
9.84 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
3 m
9.84 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
15.6
Light Industrial Uses in the Hamlet Core (HC) Zone
15.6.1
Within the Hamlet Core (HC) Zone, light industrial uses may be permitted
up to 1,000 square metres (10,763.9 square feet) in gross floor area.
58
16 Rural General (RG) Zone
16.1
Permitted Uses
16.1.1
The following uses shall be permitted in Rural General (RG) Zone subject
to the requirements of this By-law:
(a)
Agricultural Uses
(b)
Animal Care
(c)
Automobile Body Shop
(d)
Automobile Repair
(e)
Automobile Washing
(f)
Boarding (Rooming) House - up to 4 sleeping units per lot
(g)
Building Supply and Equipment Depot
(h)
Cemetery
(i)
Commercial Recreation - Outdoor
(j)
Community Centre
(k)
Craft Food and Beverage Production
(l)
Cultural Facilities
(m)
Daycare Centre
(n)
Dwelling - up to 4 dwelling units per lot
(o)
Electric Vehicle Charging as a main use
(p)
Emergency Services
(q)
Farmers' Market
(r)
Forestry Related Uses
(s)
Funeral Home
(t)
Government Uses
(u)
Interpretive Centre
(v)
Marina
(w)
Medical Clinic
(x)
Nursing Home
(y)
Parking Structures and Surface Parking Lots
(z)
Parks and Playgrounds
(aa)
Personal Service Shop
59
(bb)
Place of Worship
(cc)
Private Clubs
(dd)
Public Recreation
(ee)
Public Transportation
(ff)
Residential Care Facility
(gg)
Restaurant - Eat-in
(hh)
Restaurant - Take-out
(ii)
School - Academic
(jj)
Small Options Home
(kk)
Solar Collector Systems - Large-scale
(ll)
Trails and Conservation
(mm)
Water Access
(nn)
Workshop
16.2
Permitted Uses with Conditions
16.2.1
The following uses shall be permitted in the Rural General (RG) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Home-based Business - Level I - Subsection 6.12.1
(b)
Home-based Business - Level II - Subsection 6.12.2
(c)
Kennel - Section 6.18
(d)
Retail Store - Section 16.5
(e)
Storage Building - Section 6.29
(f)
Urban Farm Uses - Section 6.30
16.3
Permitted Uses by Development Agreement
16.3.1
The following uses shall be considered in the Rural General (RG) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
60
16.4
Rural General (RG) Zone Development Standards
16.4.1
In the Rural General (RG) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
16.5
Retail Stores Uses in the Rural General (RG) Zone
16.5.1
Within the Rural General (RG) Zone, retail stores may be permitted up to
250.0 square metres (2,690.98 square feet) in gross floor area.
61
17 Rural Commercial (RC) Zone
17.1
Permitted Uses
17.1.1
The following uses shall be permitted in Rural Commercial (RC) Zone
subject to the requirements of this By-law:
(a)
Accommodations
(b)
Agricultural Uses
(c)
Animal Care
(d)
Automobile Body Shop
(e)
Automobile Repair
(f)
Automobile Sales
(g)
Automobile Service Station
(h)
Automobile Washing
(i)
Banks and Financial Institutions
(j)
Boarding (Rooming) House - up to 6 sleeping units per lot
(k)
Building Supply and Equipment Depot
(l)
Cemetery
(m)
Commercial Recreation - Indoor
(n)
Commercial Recreation - Outdoor
(o)
Community Centre
(p)
Craft Food and Beverage Production
(q)
Cultural Facilities
(r)
Daycare Centre
(s)
Drinking Establishment
(t)
Dwelling - up to 6 dwelling units per lot
(u)
Electric Vehicle Charging as a main use
(v)
Emergency Services
(w)
Farmers' Market
(x)
Forestry Related Uses
(y)
Funeral Home
(z)
Government Uses
(aa)
Interpretive Centre
62
(bb)
Marina
(cc)
Medical Clinic
(dd)
Nursing Home
(ee)
Office
(ff)
Parking Structures and Surface Parking Lots
(gg)
Parks and Playgrounds
(hh)
Personal Service Shop
(ii)
Place of Worship
(jj)
Private Club
(kk)
Public Recreation
(ll)
Public Transportation
(mm)
Recycling Depot
(nn)
Residential Care Facility
(oo)
Restaurant - Eat-in
(pp)
Restaurant - Take-out
(qq)
Retail Store
(rr)
School - Academic
(ss)
School - Commercial
(tt)
Small Options Home
(uu)
Solar Collector Systems - Large-scale
(vv)
Trails and Conservation
(ww)
Transportation and Logistics
(xx)
Warehousing
(yy)
Water Access
(zz)
Wholesale
(aaa)
Workshop
63
17.2
Permitted Uses with Conditions
17.2.1
The following uses shall be permitted in the Rural Commercial (RC) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Home-based Business - Level I - Subsection 6.12.1
(b)
Home-based Business - Level II - Subsection 6.12.2
(c)
Kennel - Section 6.18
(d)
Light Industrial - Section 17.6
(e)
Self-Storage Facilities - Section 6.24
(f)
Storage Building - Section 6.29
(g)
Urban Farm Uses - Section 6.30
17.3
Permitted Uses by Site Plan Approval
17.3.1
The following uses shall be permitted in the Rural Commercial (RC) Zone
by Site Plan Approval subject to the requirements of this By-law:
(a)
Restaurants - Drive-through
17.4
Permitted Uses by Development Agreement
17.4.1
The following uses shall be considered in the Rural Commercial (RC) Zone
by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
64
17.5
Rural Commercial (RC) Zone Development Standards
17.5.1
In the Rural Commercial (RC) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
17.6
Light Industrial Uses in the Rural Commercial (RC) Zone
17.6.1
Within the Rural Commercial (RC) Zone, light industrial may be permitted
up to 250.0 square metres (2,690.98 square feet) in gross floor area.
65
18 Rural Industrial (RM) Zone
18.1
Permitted Uses
18.1.1
The following uses shall be permitted in Rural Industrial (RM) Zone subject
to the requirements of this By-law:
(a)
Aggregate Related Industries
(b)
Agricultural Uses
(c)
Automobile Body Shop
(d)
Automobile Repair
(e)
Automobile Sales
(f)
Automobile Service Station
(g)
Automobile Washing
(h)
Building Supply and Equipment Depot
(i)
Craft Food and Beverage Production
(j)
Electric Vehicle Charging as a main use
(k)
Emergency Services
(l)
Farmers' Market
(m)
Forestry Related Uses
(n)
Funeral Home
(o)
Government Uses
(p)
Light Industrial Uses
(q)
Marine Industrial Uses
(r)
Office
(s)
Parking Structures and Surface Parking Lots
(t)
Parks and Playgrounds
(u)
Place of Worship
(v)
Public Recreation
(w)
Public Transportation
(x)
Recycling Depot
(y)
School - Commercial
(z)
Solar Collector Systems - Large-scale
(aa)
Solid Waste - Municipal
66
(bb)
Trails and Conservation
(cc)
Transportation and Logistics
(dd)
Warehousing
(ee)
Water Access
(ff)
Wholesale
(gg)
Workshop
18.2
Permitted Uses with Conditions
18.2.1
The following uses shall be permitted in the Rural Industrial (RM) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Kennel - Section 6.18
(b)
Self-Storage Facilities - Section 6.24
18.3
Permitted Uses by Site Plan Approval
18.3.1
The following uses shall be permitted in the Rural Industrial (RM) Zone by
Site Plan Approval subject to the requirements of this By-law:
(a)
Scrap Yards
18.4
Permitted Uses by Development Agreement
18.4.1
The following uses shall be considered in the Rural Industrial (RM) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
(b)
Heavy Industrial - MPS Policy 3-14
(c)
Solid Waste - Non-municipal - MPS Policy 4-29
67
18.5
Rural Industrial (RM) Zone Development Standards
18.5.1
In the Rural Industrial (RM) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
3,700 m2
39826.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
8 m
26.25 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
68
19 Agricultural Potential (AP) Zone
19.1
Permitted Uses
19.1.1
The following uses shall be permitted in Agricultural Potential (AP) Zone
subject to the requirements of this By-law:
(a)
Agricultural Uses
(b)
Animal Care
(c)
Boarding (Rooming) House - up to 6 sleeping units per lot
(d)
Cemetery
(e)
Commercial Recreation - Outdoor
(f)
Community Centre
(g)
Craft Food and Beverage Production
(h)
Cultural Facilities
(i)
Daycare Centre
(j)
Dwelling - up to 4 dwelling units per lot
(k)
Emergency Services
(l)
Farmers' Market
(m)
Forestry Related Uses
(n)
Funeral Home
(o)
Government Uses
(p)
Interpretive Centre
(q)
Marina
(r)
Medical Clinic
(s)
Nursing Home
(t)
Parks and Playgrounds
(u)
Personal Service Shop
(v)
Place of Worship
(w)
Private Club
(x)
Public Recreation
(y)
Public Transportation
(z)
Residential Care Facility
69
(aa)
Restaurant - Eat-in
(bb)
Restaurant - Take-out
(cc)
School - Academic
(dd)
Small Options Home
(ee)
Solar Collector Systems - Large-scale
(ff)
Trails and Conservation
(gg)
Water Access
(hh)
Workshop
19.2
Permitted Uses with Conditions
19.2.1
The following uses shall be permitted in the Agricultural Potential (AP)
Zone subject to the requirements of this By-law and any conditions noted:
(a)
Home-based Business - Level I - Subsection 6.12.1
(b)
Home-based Business - Level II - Subsection 6.12.2
(c)
Kennel - Section 6.18
(d)
Retail Store - Section 16.5
(e)
Storage Building - Section 6.29
(f)
Urban Farm Uses - Section 6.30
19.3
Permitted Uses by Development Agreement
19.3.1
The following uses shall be considered in the Agricultural Potential (AP)
Zone by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
70
19.4
Agricultural Potential (AP) Zone Development Standards
19.4.1
In the Agricultural Potential (AP) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
19.5
Retail Stores Uses in the Agricultural Potential (AP) Zone
19.5.1
Within the Agricultural Potential (AP) Zone, retail stores may be permitted
up to 250.0 square metres (2,690.98 square feet) in gross floor area.
71
20 Lakeshore (RL) Zone
20.1
Permitted Uses
20.1.1
The following uses shall be permitted in Lakeshore (RL) Zone subject to
the requirements of this By-law:
(a)
Accommodations
(b)
Agricultural Uses
(c)
Cemetery
(d)
Community Centre
(e)
Craft Food and Beverage Production
(f)
Daycare Centre
(g)
Dwellings - up to 4 dwelling units per lot
(h)
Government Uses
(i)
Interpretive Centre
(j)
Marina
(k)
Marine Recreation Providers
(l)
Parks and Playgrounds
(m)
Personal Service Shop
(n)
Places of Worship
(o)
Public Recreation
(p)
Restaurant - Eat-in
(q)
Restaurant - Take-out
(r)
Small Options Home
(s)
Trails and Conservation
(t)
Water Access
20.2
Permitted Uses with Conditions
20.2.1
The following uses shall be permitted in the Lakeshore (RL) Zone subject
to the requirements of this By-law and any conditions noted:
(a)
Home-based Business - Level I - Subsection 6.12.1
(b)
Home-based Business - Level II - Subsection 6.12.2
(c)
Retail Store - Section 20.5
(d)
Storage Building - Section 6.29
(e)
Urban Farm Uses - Section 6.30
72
20.3
Permitted Uses by Development Agreement
20.3.1
The following uses shall be considered in the Lakeshore (RL) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
20.4
Lakeshore (RL) Zone Development Standards
20.4.1
In the Lakeshore (RL) Zone, no development permit shall be issued except
in conformance with the following requirements:
Minimum Lot Area
4,700 m2
50590.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
20.5
Retail Stores Uses in the Lakeshore (RL) Zone
20.5.1
Within the Lakeshore (RL) Zone, retail stores may be permitted up to
250.0 square metres (2,690.98 square feet) in gross floor area.
73
21 Fishing (RF) Zone
21.1
Permitted Uses
21.1.1
The following uses shall be permitted in Fishing (RF) Zone subject to the
requirements of this By-law:
(a)
Agricultural Uses
(b)
Community Centre
(c)
Craft Food and Beverage Production
(d)
Cultural Facilities
(e)
Farmers' Market
(f)
Government Uses
(g)
Interpretive Centre
(h)
Light Industrial Uses
(i)
Marina
(j)
Marine Industrial Uses
(k)
Marine Recreation Providers
(l)
Parking Structures and Surface Parking Lots
(m)
Parks and Playgrounds
(n)
Place of Worship
(o)
Private Club
(p)
Public Recreation
(q)
Restaurant - Eat-in
(r)
Restaurant - Take-out
(s)
Trails and Conservation
(t)
Warehousing
(u)
Water Access
(v)
Workshop
21.2
Permitted Uses with Conditions
21.2.1
The following uses shall be permitted in the Fishing (RF) Zone subject to
the requirements of this By-law and any conditions noted:
(a)
Urban Farm Uses - Section 6.30
74
21.3
Permitted Uses by Development Agreement
21.3.1
The following uses shall be considered in the Fishing (RF) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
21.4
Fishing (RF) Zone Development Standards
21.4.1
In the Fishing (RF) Zone, no development permit shall be issued except in
conformance with the following requirements:
Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
8 m
26.25 ft
Minimum Front/Flankage Setback
0 m
0.00 ft
Minimum Side Setback
- Main Building
0 m
0.00 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
0 m
0.00 ft
- Accessory Building
12 m
39.37 ft
Maximum Building Height
- Main Building
20 m
65.62 ft
- Accessory Building
8 m
26.25 ft
75
22 Parks and Open Space (PO) Zone
22.1
Permitted Uses
22.1.1
The following uses shall be permitted in Parks and Open Space (PO) Zone
subject to the requirements of this By-law:
(a)
Cemetery
(b)
Community Centre
(c)
Cultural Facilities
(d)
Farmers' Market
(e)
Government Uses
(f)
Interpretive Centre
(g)
Marine Recreation Providers
(h)
Parking Structures and Surface Parking Lots
(i)
Parks and Playgrounds
(j)
Public Recreation
(k)
Trails and Conservation
(l)
Water Access
22.2
Permitted Uses with Conditions
22.2.1
The following uses shall be permitted in the Parks and Open Space (PO)
Zone subject to the requirements of this By-law and any conditions noted:
(a)
Restaurant - Take-out - Section 22.5
(b)
Urban Farm Uses - Section 6.30
22.3
Permitted Uses by Development Agreement
22.3.1
The following uses shall be considered in the Parks and Open Space (PO)
Zone by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
76
22.4
Parks and Open Space (PO) Zone Development
Standards
22.4.1
In the Parks and Open Space (PO) Zone, no development permit shall be
issued except in conformance with the following requirements:
Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
6 m
19.69 ft
Minimum Side Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
22.5
Special Requirements - Take-out Restaurants
22.5.1
Take-out restaurants in the Parks and Open Space (PO) Zone shall be
limited to a gross floor area of 20 square metres.
77
23 Highway Commercial (HWY) Zone
23.1
Permitted Uses
23.1.1
The following uses shall be permitted in Highway Commercial (HWY) Zone
subject to the requirements of this By-law:
(a)
Accommodations
(b)
Automobile Body Shop
(c)
Automobile Repair
(d)
Automobile Sales
(e)
Automobile Service Station
(f)
Automobile Washing
(g)
Banks and Financial Institutions
(h)
Commercial Recreation - Indoor
(i)
Commercial Recreation - Outdoor
(j)
Community Centre
(k)
Cultural Facilities
(l)
Electric Vehicle Charging as a main use
(m)
Emergency Services
(n)
Farmers' Market
(o)
Government Uses
(p)
Interpretive Centre
(q)
Light Industrial Uses
(r)
Medical Clinic
(s)
Parking Structures and Surface Parking Lots
(t)
Parks and Playgrounds
(u)
Places of Worship
(v)
Private Club
(w)
Public Recreation
(x)
Public Transportation
(y)
Restaurant - Drive-through
(z)
Restaurant - Eat-in
(aa)
Restaurant - Take-out
78
(bb)
Retail Store
(cc)
Trails and Conservation
(dd)
Transportation and Logistics
(ee)
Warehousing
(ff)
Water Access
(gg)
Wholesale
23.2
Permitted Uses with Conditions
23.2.1
The following uses shall be permitted in the Highway Commercial (HWY)
Zone subject to the requirements of this By-law and any conditions noted:
(a)
Self-Storage Facilities - Section 6.24
23.3
Permitted Uses by Development Agreement
23.3.1
The following uses shall be considered in the Highway Commercial (HWY)
Zone by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
23.4
Highway Commercial (HWY) Zone Development
Standards
23.4.1
In the Highway Commercial (HWY) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
925 m2
9956.70 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
79
24 Commercial Recreation (CR) Zone
24.1
Permitted Uses
24.1.1
The following uses shall be permitted in Commercial Recreation (CR) Zone
subject to the requirements of this By-law:
(a)
Accommodations
(b)
Commercial Recreation - Indoor
(c)
Commercial Recreation - Outdoor
(d)
Community Centre
(e)
Craft Food and Beverage Production
(f)
Cultural Facilities
(g)
Daycare Centre
(h)
Drinking Establishment
(i)
Dwelling - up to 6 dwelling units per lot
(j)
Farmers' Market
(k)
Government Uses
(l)
Interpretive Centre
(m)
Marina
(n)
Marine Recreation Providers
(o)
Parking Structures and Surface Parking Lots
(p)
Parks and Playgrounds
(q)
Private Club
(r)
Public Recreation
(s)
Public Transportation
(t)
Restaurant - Eat-in
(u)
Restaurant - Take-out
(v)
Retail Store
(w)
Small Options Home
(x)
Trails and Conservation
(y)
Water Access
(z)
Workshop
80
24.2
Permitted Uses with Conditions
24.2.1
The following uses shall be permitted in the Commercial Recreation (CR)
Zone subject to the requirements of this By-law and any conditions noted:
(a)
Storage Building - Section 6.29
(b)
Urban Farm Uses - Section 6.30
24.3
Permitted Uses by Site Plan Approval
24.3.1
The following uses shall be permitted in the Commercial Recreation (CR)
Zone by Site Plan Approval subject to the requirements of this By-law:
(a)
Campground
24.4
Permitted Uses by Development Agreement
24.4.1
The following uses shall be considered in the Commercial Recreation (CR)
Zone by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
(b)
Racetracks - MPS Policy 3-82
(c)
Shooting Range - MPS Policy 3-82
81
24.5
Commercial Recreation (CR) Zone Development
Standards
24.5.1
In the Commercial Recreation (CR) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
2,700 m2
29062.80 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
82
25 Institutional (I) Zone
25.1
Permitted Uses
25.1.1
The following uses shall be permitted in Institutional (I) Zone subject to the
requirements of this By-law:
(a)
Agricultural Uses
(b)
Boarding (Rooming) House - up to 4 sleeping units per lot
(c)
Cemetery
(d)
Community Centre
(e)
Cultural Facilities
(f)
Daycare Centre
(g)
Dwelling - up to 4 dwelling units per lot
(h)
Emergency Services
(i)
Farmers' Market
(j)
Funeral Home
(k)
Government Uses
(l)
Hospital
(m)
Interpretive Centre
(n)
Medical Clinic
(o)
Nursing Home
(p)
Office
(q)
Parking Structures and Surface Parking Lots
(r)
Parks and Playgrounds
(s)
Place of Worship
(t)
Private Club
(u)
Public Recreation
(v)
Public Transportation
(w)
Residential Care Facility
(x)
School - Academic
(y)
School - Commercial
(z)
School - Post-secondary
(aa)
Small Options Home
83
(bb)
Solar Collector Systems - Large-scale
(cc)
Trails and Conservation
(dd)
Water Access
25.2
Permitted Uses with Conditions
25.2.1
The following uses shall be permitted in the Institutional (I) Zone subject to
the requirements of this By-law and any conditions noted:
(a)
Storage Building - Section 6.29
(b)
Urban Farm Uses - Section 6.30
25.3
Permitted Uses by Development Agreement
25.3.1
The following uses shall be considered in the Institutional (I) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Boarding (Rooming) House - 5 to 12 dwelling units per lot - MPS
Policy 3-89
(b)
Dwelling - 5 to 12 dwelling units per lot - MPS Policy 3-89
(c)
Energy Generation Systems - MPS Policy 4-49
25.4
Institutional (I) Zone Development Standards
25.4.1
In the Institutional (I) Zone, no development permit shall be issued except
in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
925 m2
9956.70 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
3 m
9.84 ft
- Accessory Building
3 m
9.84 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
84
26 Source Water Protection (WP) Zone
26.1
Permitted Uses
26.1.1
The following uses shall be permitted in Source Water Protection (WP)
Zone subject to the requirements of this By-law:
(a)
Government Uses
(b)
Parks and Playgrounds
(c)
Public Recreation
(d)
Trails and Conservation
(e)
Water Access
26.2
Permitted Uses by Development Agreement
26.2.1
The following uses shall be considered in the Source Water Protection
(WP) Zone by Development Agreement, subject to the applicable policies
in the Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
26.3
Source Water Protection (WP) Zone Development
Standards
26.3.1
In the Source Water Protection (WP) Zone, no development permit shall
be issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
0 m2
0.00 ft2
- Unserviced Lot
0 m2
0.00 ft2
Minimum Lot Frontage
0 m
0.00 ft
Minimum Front/Flankage Setback
0 m
0.00 ft
Minimum Side Setback
- Main Building
0 m
0.00 ft
- Accessory Building
0 m
0.00 ft
Minimum Rear Setback
- Main Building
0 m
0.00 ft
- Accessory Building
0 m
0.00 ft
Maximum Building Height
- Main Building
-
-
- Accessory Building
-
-
85
27 Conservation (C) Zone
27.1
Permitted Uses
27.1.1
The following uses shall be permitted in Conservation (C) Zone subject to
the requirements of this By-law:
(a)
Interpretive Centres
(b)
Parks and Playgrounds
(c)
Public Recreation
(d)
Trails and Conservation
(e)
Water Access
27.2
Permitted Uses by Development Agreement
27.2.1
The following uses shall be considered in the Conservation (C) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 4-49
27.3
Conservation (C) Zone Development Standards
27.3.1
In the Conservation (C) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
0 m2
0.00 ft2
- Unserviced Lot
0 m2
0.00 ft2
Minimum Lot Frontage
0 m
0.00 ft
Minimum Front/Flankage Setback
0 m
0.00 ft
Minimum Side Setback
- Main Building
0 m
0.00 ft
- Accessory Building
0 m
0.00 ft
Minimum Rear Setback
- Main Building
0 m
0.00 ft
- Accessory Building
0 m
0.00 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
86
28 Comprehensive Development District (CDD) Zone
28.1
Permitted Uses
28.1.1
The following uses shall be permitted in Comprehensive Development
District (CDD) Zone subject to the requirements of this By-law:
(a)
Dwellings - Existing
28.2
Permitted Uses by Development Agreement
28.2.1
Uses within the Comprehensive Development District shall be permitted
subject to Policy 3-61 of the Municipal Planning Strategy.
Minimum Front/Flankage Setback
Per DA
Per DA
Maximum Front/Flankage Setback
Per DA
Per DA
Minimum Side Setback
- Main Building
Per DA
Per DA
- Accessory Building
Per DA
Per DA
Minimum Rear Setback
- Main Building
Per DA
Per DA
- Accessory Building
Per DA
Per DA
Maximum Building Height
- Main Building
Per DA
Per DA
- Accessory Building
Per DA
Per DA
87
29 Site Plan Approval
29.1
Introduction to Approval Criteria
29.1.1
This Part contains criteria to be considered in addition to all other
requirements of this By-law when approving development through the site
plan approval process.
29.1.2
Site Plans Approvals under this document are intended to be applied in a
flexible manner through a negotiated process between the applicant and
the Development Officer.
29.1.3
Development shall reasonably meet all site planning criteria of the
following sections, as they apply to certain types of development.
29.1.4
The Development Officer may waive the requirement for compliance with
certain criteria if they are deemed irrelevant for the quality of the resulting
development in the particular context of the application for Site Plan
Approval.
88
29.2
Residential Site Plan Approval
29.2.1
Where a zone permits dwellings or boarding houses by site plan approval,
the Development Officer shall approve a site plan where the requirements
of this Land Use By-law and the matters of Section 29.2 have been
addressed.
Planting, Landscaping and Adverse Effect Mitigation
29.2.2
Landscaping, fencing or similar visual barriers shall be provided around
structures, parking, open storage areas, and waste management facilities
to minimize visual impacts and privacy intrusion on surrounding residential
properties to a reasonable extent.
29.2.3
Where possible, vegetation on-site shall be retained and incorporated into
the site landscaping, particularly for the protection of environmentally
sensitive or significant areas.
29.2.4
Mature trees on the lot shall be preserved whenever possible.
29.2.5
Stormwater run-off from parking areas and other impervious surfaces shall
be addressed.
29.2.6
Where on-site septic systems are employed, potential run-off on
neighbouring properties shall be addressed.
Movement Through the Site
29.2.7
Where a sidewalk, trail or similar walking paths are available abutting the
subject property, the primary entrance(s) of all dwelling units shall be
connected to such walking paths by means of a barrier-free (accessible)
pedestrian walkway at least 1.5 metres (4.92 feet) in width and paved with
asphalt, concrete, bricks, or interlocking pavers.
29.2.8
Other pedestrian walkways shall be clearly delineated on the property and
allow for efficient movement throughout the site.
29.2.9
Vehicle access and egress to and from the property shall be clearly
demarcated and designed with pedestrian safety in mind. The driveway(s)
shall not measure more than 3.0 metres (9.84 feet) in width for single-lane
and 6.0 metres (19.68 feet) in width for double-lane driveways. Where
more than one driveway on a public road is sought, the driveway
accesses shall be approved by the government having authority over that
road.
29.2.10 Vehicle circulation on-site shall be designed to support efficient
movement, enable emergency service access and avoid obvious points of
conflict.
89
29.1 Automobile Shop and Drive-through Site Plan Approval
29.1.1
Where a zone permits automobile service stations, automobile washing,
automobile repair, automobile sales or drive-through restaurants by site
plan approval, the Development Officer shall approve a site plan where
the requirements of this Land Use By-law and the matters Section 29.1
have been addressed.
Planting, Landscaping and Adverse Effect Mitigation
29.1.2
Landscaping, fencing or similar visual barriers shall be provided around
vehicle queuing areas, sales windows, parking, open storage areas, and
waste management facilities to minimize visual impacts on/for
neighbouring properties.
29.1.3
Where possible, vegetation on-site shall be retained and incorporated into
the site landscaping, particularly for the protection of environmentally
sensitive or significant areas.
29.1.4
Stormwater run-off from parking areas and other impervious surfaces shall
be addressed.
29.1.5
Where on-site septic systems are employed, potential run-off on
neighbouring properties shall be addressed.
29.1.6
Outdoor storage shall not be permitted in the front and flankage yards.
Movement Through the Site
29.1.7
Where a sidewalk, trail or similar walking paths are abutting the subject
site, the primary entrance to the business shall be connected to such
walking paths by means of a barrier-free (accessible) pedestrian walkway
at least 1.5 metres (4.92 feet) in width and paved with asphalt, concrete,
bricks, or interlocking pavers.
29.1.8
Other pedestrian walkways shall be clearly delineated on the property and
allow for efficient movement throughout the site.
29.1.9
Vehicle access and egress to and from the property is clearly demarcated
and designed with pedestrian safety in mind. The driveway(s) do not
measure more than 3.0 metres (9.84 feet) in width for single-lane and 6.0
metres (19.68 feet) in width for double-lane driveways. Where more than
one driveway on a public road is sought, the driveway accesses shall be
approved by the government having authority over that road.
29.1.10 Vehicle circulation on-site shall be designed to support efficient
movement, enable emergency service access and avoid obvious points of
conflict.
90
29.1.11 Required parking areas shall be located at the side or rear of any new
building.
Location of New Structures
29.1.12 The main buildings shall have a primary facade and a public entrance
facing the street.
29.1.13 New structures shall be located in a manner to be optimally separated
from developments on adjacent lots to minimize negative impacts
including lighting, fumes, or other nuisances deemed relevant by the
Development Officer.
Drive-through Specific Requirements
29.1.14 When a drive-through service or drive-through restaurant abuts a property
with existing dwellings, any intercoms, speakers, and service windows
shall be located in a manner so as to best direct noise away from
neighbouring dwellings.
29.1.15 Stacking lanes of drive-throughs shall not be located between the front lot
line and the main building.
29.1.16 Entrances to drive-through stacking lanes shall be configured as to
minimize conflict with vehicle access points from the street or on-site
automobile parking.
29.1.17 Stacking lanes shall provide an adequate number of queuing spaces,
determined by a qualified professional, to accommodate peak demand for
the proposed use.
91
29.2
Campground Site Plan Approval
29.2.1
Where a zone permits campgrounds by site plan approval, the
Development Officer shall approve a site plan where the requirements of
this Land Use By-law and the matters Section 29.2 have been addressed.
Campground Layout
29.2.2
Campgrounds shall be designed to avoid undue hazards for traffic
circulation, or create pedestrian hazards.
29.2.3
All building and non-building uses associated with a campground and RV
park, including, but not limited to, campsites, playgrounds, parks, parking,
solid waste, RV pumping stations, roadways, public gathering areas,
washrooms, and outdoor storage, shall be set back a minimum of 15.0
metres (49.21 feet) from all lot lines.
29.2.4
The development shall have adequate emergency service access.
29.2.5
Garbage, recycling, and refuse collection shall be fully enclosed and
concealed, and they shall be available to all users of the campground. Any
containers used for garbage, recycling, and refuse collection shall be
locking or include mechanisms that prevent access by wildlife.
Landscaping and Grading
29.2.6
Where possible, vegetation on site shall be retained and incorporated into
the site landscaping, particularly for the protection of environmentally
sensitive or significant areas and to create buffers along the campground
perimeter.
29.2.7
All areas disturbed by development shall be landscaped.
29.2.8
Measures including lot grading and stormwater management practices
shall be integrated in the site concept to adequately dispose, retain, and
manage stormwater and surface water.
29.2.9
Where on-site septic systems are employed, potential run-off on
neighbouring properties shall be addressed.
92
Campsites Spaces
29.2.10 Each campsite shall be clearly delineated on the site plan.
29.2.11 Any fire places wood burning devices shall be located a minimum of 30.0
metres (98.42 feet) from all lot lines.
Movement through the Site
29.2.12 Pedestrian walkways and trails within the camping site shall be clearly
delineated on the plan.
29.2.13 Where a sidewalk, trail or similar active transportation infrastructure are
available abutting the subject site, the on-site paths and trails shall
connect to the external walkways wherever possible.
29.2.14 Vehicle access and egress to and from the campground shall be clearly
demarcated and designed with pedestrian safety in mind. Where more
than one driveway on a public road is sought, the driveway accesses shall
be approved by the government having authority over that road.
29.2.15 Vehicle circulation on-site shall be designed to support efficient
movement, enable emergency service access and avoid obvious points of
conflict.
93
29.3
Scrap Yard Site Plan Approval
29.3.1
Where a zone permits scrap yards by site plan approval, the Development
Officer shall approve a site plan where the requirements of this Land Use
By-law and the matters of Section 29.3 have been addressed.
29.3.2
Landscaped buffers, fencing, or similar visual barriers shall be provided in
all locations where parked vehicles, technical parts, garbage, or other
debris could be otherwise seen from adjacent lots or streets.
29.3.3
Where possible, vegetation on-site shall be retained and incorporated into
the site landscaping, particularly for the protection of environmentally
sensitive or significant areas.is
29.3.4
A detailed stormwater management plan, prepared by a Professional
Engineer or Landscape Architect licensed to practice in Nova Scotia shall
be included within the site plan.
29.3.5
No storage or deposit areas shall be located within 30.0 metres (98.42
feet) from the ordinary high water mark of any watercourse.
94
29.4
Conversion of a Non-conforming Use
29.4.1
Where a proposal includes the conversion of a non-conforming use to
another non-conforming use by site plan approval, the Development
Officer shall approve a site plan where the requirements of this Land Use
By-law and the matters of Section 29.4 have been addressed.
29.4.2
The Development Officer shall be satisfied the new use, by its nature or by
the conditions placed upon it, is equally or less impactful to the
surrounding area in terms of noise, odour, traffic generation, and
aesthetics than the use it replaces.
29.4.3
The site plan shall control the conversion in a manner that is compatible
with the purpose and permitted uses in the zone. Controls may include,
but are not limited to, enhanced buffering and screening; the positioning,
bulk, and design of buildings and structures; mitigation measures for
noise, dust, and other emissions; the location and design of parking
areas; landscaping; lighting design; and controls on outdoor storage and
display.
95
30 Definitions
A
Accessory Building means a subordinate building or structure on the same lot as the
main building devoted exclusively to an accessory use, but does not include a building
attached in any way to the main building or a building located completely underground.
Accessory Use means a use subordinate and naturally, customarily, and normally
incidental to and exclusively devoted to a main use of land or main building and
located on the same lot.
Accommodation means the provision of a building, buildings, or part thereof to a
single party or group of the travelling public, for payment or compensation, for a period
of 28 days or less, and may include, but is not limited to, tourist facilities such as
hotels; motels; hostels; and entire home, individual room, cottage, cabin, geodesic
dome, or yurt rentals.
Act means, unless otherwise specified, the Municipal Government Act of the Province
of Nova Scotia, as amended.
Agricultural Use means a use of land and buildings for farming, dairying, pasturage,
agriculture, apiculture, floriculture, horticulture and animal husbandry and the
necessary accessory uses for packing, storing, or treating the produce and shall
include the use of buildings and land for the preparation and production of food
product meant for animals.
Alter means to change a structural component of a building, or to increase or decrease
the volume of a building or structure.
Animal Care means the use of land, buildings, or structures for the care of animals
and includes veterinary care, grooming, and day care but does not include the
breeding of animals or overnight boarding.
Automobile Body Shop means the use of a building or premises primarily for the
commercial repair of damage to the chassis and shell of an automobile, including
major and minor collision damage, frame and panel straightening, repainting, and
refinishing and similar activity.
96
Automobile Service Station means the use of building or part thereof or a clearly
defined space on a lot used for washing of motor vehicles and/or the retail sale of
liquid or compressed gas automobile fuels and lubricating oils and may include the
sale of automobile accessories and the minor servicing and minor repairing essential to
the actual operation of motor vehicles but does not include an automobile repair shop,
automobile sales, or automobile body shop.
Automobile Repair means the use of a building or part thereof for the repair and
service of motor vehicles and may include muffler, brake, radiator, engine, tire, glass
replacement, wheel alignment, and other specialized activities directly related to the
repair or alteration of motor vehicles, but shall not include paint and body repairs, the
manufacture or fabrication of motor vehicle parts for the purpose of sale, or the
retailing of gasoline or other fuels.
B
Bed and Breakfast see Home-based Business.
Boarding (Rooming) House means a dwelling in which the proprietor rents out two or
more separate boarding house sleeping units within a dwelling unit but does not
include rooms advertised to the travelling public.
Boarding House Sleeping Unit means a habitable room or rooms that are part of a
boarding house and contain sleeping quarters for the use of tenants which are rented
individually, but do not contain a private washroom and kitchen within the unit.
Bona Fide Access means a private road which is created using bona fide access
provisions of the Subdivision By-law, and while it is neither designed nor constructed,
is intended to be used as the actual access to lots being created.
Building means any structure, whether temporary or permanent, used or built for the
shelter, accommodation, or enclosure of persons, animals, materials, or equipment,
but does not include frames for sheltering crops.
Building Supply and Equipment Depot means the use of buildings or land for the
storage of materials and equipment in support of a building and construction-related
trade such as, but not limited to, carpenters, electricians, masons, landscapers, and
plumbers.
97
C
Campground means a plot of ground upon which two or more camping units are
located, established, or maintained for occupancy as temporary living quarters for
recreation, education, or vacation purposes.
Camping Unit means any trailer, cabin, lean-to, semi-permanent recreation vehicle or
similar structure established or maintained and operated as temporary living quarters
for recreation, education, or vacation purposes.
Cemetery means the use of land for the burial of the dead and related purposes, such
as a columbaria and mausoleums, and excludes a crematorium use, which is included
in the definition of funeral home.
Central Sewer System means a system of piping and plant for the collection,
transportation, and treatment of sewage from multiple lots, of such design and
installation as to satisfy the requirements of all agencies concerned both Provincial and
municipal.
Community Centre means any building or buildings, or any part of any buildings used
for community activities whether used for commercial purposes or not, the control of
which is vested in the Municipality, a local board or agent thereof, or a non-profit
organization.
Commercial Recreation, Indoor means any land use that offers active or passive
recreation for monetary gain for the operator of the site and includes but is not limited
to cinemas, concert and performance halls, spectator venues, game rooms, escape
rooms, bowling alleys, and indoor paintball fields.
Commercial Recreation, Outdoor means any land use that offers active or passive
recreation for monetary gain for the operator of the site and includes but is not limited
to ski hills, golf courses, gondolas, equestrian centres, and archery ranges, but shall
not include shooting ranges and racetracks.
Corner Vision Triangle means that part of a corner lot
adjacent to the intersection of the exterior lot lines
measured from such intersection a distance of 2.0 metres
along each such street line and joining such points with a
straight line. The triangular shaped land between the
intersecting lines and the straight line joining the points
the required distance along the street lines shall be known
as the 'corner vision triangle'.
98
Craft Food and Beverage Production means the use of a building or part thereof for
the production of:
(a)
specialized food products intended for retail sale;
(b)
not more than 150,000 hectolitres of beer, wine, mead, premixed
cocktails, kombucha, or non-alcoholic beverages in a year;
(c)
or not more than 75,000 litres of distilled spirits in a year; and may
include public tasting and retail sales of the product but does not
include a restaurant or drinking establishment unless those uses
are permitted as a main use in the applicable use zone.
Council means the Council of the Municipality of the County of Antigonish.
Cultural Facilities means the use of land, buildings, or part thereof, for the promotion
of art, culture, and learning and without limiting the generality of the foregoing includes
public art galleries, libraries, museums, performance arts theatres, visual arts centres,
and other similar uses.
D
Day Care Centre means the use of a building or part thereof for the care of people
without overnight accommodation, but does not include a school.
Development means the erection, construction, alteration, replacement, or relocation
of or addition to, any structure and any change or alteration in the use made of land or
structures.
Development Agreement means an agreement between a landowner and the
Municipality as enabled and regulated by the Municipal Government Act.
Development Officer means the officer of the Municipality of the County of Antigonish
with the duty of administering the provisions of the Land Use By-law as appointed by
Council.
Drinking Establishment means premises that serve alcoholic beverages with or
without food.
Dwelling means a building occupied or capable of being occupied as a home,
residence or sleeping place by one or more persons, containing one or more dwelling
units, but shall not include a hotel, a motel, or a travel trailer.
99
Dwelling Unit means one or more habitable rooms intended for use by one household
or more individuals as an independent and separate housekeeping establishment. A
dwelling unit shall include both kitchen and sanitary facilities provided for the exclusive
use of the individual or individuals within that unit, and shall also include a private
entrance from outside the building or from a common hallway or stairway inside the
building.
E
Effective Date means the day when upon adoption by the Council of the Municipality
of the County of Antigonish and approval by the Minister of Municipal Affairs, this By-
law took effect by means of a notice that was published in a newspaper. For greater
clarity, it means the first and initial date of coming into force and excludes any dates of
later amendments to the document.
Electric Vehicle Charging means infrastructure that supplies energy for the charging
of electric vehicles, such as plug-in electric and hybrid vehicles.
Emergency Services means the use of a building or land for the protection of public
health, safety, and property and shall include, but is not limited to, fire stations,
ambulance depots, police stations, and search-and-rescue facilities, but does not
include a correctional facility.
Erect means to build, construct, reconstruct, alter, or relocate and without limiting the
generality of the forgoing shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling or draining, or structurally altering
any existing building or structure by an addition, deletion, enlargement, or extension.
Existing means in existence on the specified date or, if no date is specified, on the
effective date of this By-law.
100
F
Farmers' Market means the use of land, buildings, structures, or part thereof by five
or more vendors where the greater part of the goods for sale are products of the farm,
the forest, or the sea, whether in their natural form or processed by the vendor, and the
remainder of the goods are craft products produced by the vendors or their immediate
families.
Footprint means the total ground floor area of a building enclosed within the exterior
faces of the exterior walls, and for the purpose of this definition the walls forming a
courtyard shall be deemed to be exterior walls.
Forestry Related Use means the use of land or buildings for the production of timber
or pulp and uses associated with the forestry industry, including sawmills, maple
sugaring operations, Christmas tree upicks, tree nurseries, shingle mills, forestry
vehicle and equipment storage, maintenance buildings and yards, and wholesale
outlets for wood and wood products.
Funeral Home means the use of a building or part thereof for the preparation,
temporary display, and/or funeral ceremony of deceased persons or domestic pets and
may include a crematorium.
G
Government Uses means a municipal, provincial, or federal government office,
courthouse, registry office, health clinic, welfare center, employment office, post office,
buildings required for other government service delivery including municipal servicing
or a building of any government agency or crown corporation.
Grade means
(a)
when used in reference to a building or structure, the average
elevation of the finished surface of the ground where it meets
the exterior of foundation of the building or structure, exclusive
of any artificial embankment or entrenchment; or
(b)
when used in reference to a street, road, or highway, the
elevation of the street, road, or highway established by the
Municipality or other designated authority.
Gross Floor Area means the sum of the floor areas of a building above and below
grade, measured between the exterior faces of the exterior walls of the building at each
floor level, and for the purpose of this definition, the walls forming a courtyard shall be
deemed to be exterior walls.
101
H
Heavy Industrial means the use of land or buildings for manufacturing, assembly,
and/or processing and which use may be located in whole or in part to the exterior of
the building and which use, by the nature of its operation may cause land use conflicts.
This definition shall not include marine industrial uses but shall include, but is not
limited to, explosives, petrochemical, coke, or paint plants; rendering or poultry plants;
tanneries; abattoirs; refineries; or industrial cleaners.
Height means the vertical distance on a building or structure between the established
grade and:
(a)
the highest point of the roof surface or the parapet, whichever is
greater, of a flat roof;
(b)
the deck line of a mansard roof;
(c)
the mean level between the eaves and ridges of gabled, hip,
gambrel, or other type of pitched roof;
(d)
excluding any construction used as ornament or for the
mechanical operation of the building or structures, a mechanical
penthouse, chimney, tower, cupola, or steeple.
Home-based Business means a business activity that is accessory to a dwelling and
involves the provision or sale of goods and/or services to the public and where the
dwelling is the principal residence of the business operator.
Hospital means an institution for the treatment of persons afflicted with or suffering
from sickness, disease or injury and may or may not include a medical clinic.
I
Interpretive Centre means the use of a building or structure or part thereof to
communicate to the public the historical, scientific, or cultural information about a
location and/or to provide tourism and wayfinding information to the public.
J
K
102
Kennel means the use of land, a building, or part thereof for a commercial
establishment where dogs and other domestic animals, excluding livestock, are bred,
raised, sold, and/or boarded.
L
Landscaping means any combination of trees, shrubs, flowers, grass, or other
horticultural elements, decorative stonework, paving, grading, screening, or other
architectural elements, all of which is designed to enhance the visual amenity of a
property or to provide a screen or barrier to mitigate any objectionable aspects that
may detrimentally affect adjacent land.
Light Industrial means the use of a building for machining, manufacturing, assembly,
and/or processing and such use shall be wholly contained within the building and shall
not include explosives, petrochemical, coke, or paint plants; rendering or poultry
plants; tanneries; abattoirs; refineries; or industrial cleaners.
Loading Space means a vacant area of land provided and maintained upon the same
lot or lots upon which the principal use is located and which area:
(a)
able for the temporary parking of at least one commercial motor
vehicle while merchandise or materials are being loaded or
unloaded from such vehicles;
(b)
is not upon or partly upon any street or highway.
Lot means any parcel of land described in a deed or as shown in a registered plan of
subdivision.
Corner lot means a lot situated at the intersection of and abutting on two or more
streets. The shorter lot line shall be deemed the front lot line of the said lot.
Through lot means a lot, which is not a corner lot, with frontage on more than
one street.
Flag Lot means a lot that meets the minimum lot frontage requirements of the
zone in which it is located but contains a prolongation or "pole" that extends from
the lot frontage to the main body of the lot and has a width less than the minimum
lot frontage permitted in the applicable zone.
Lot Area means the total horizontal area within the lot lines of a lot.
Lot Depth means the horizontal distance between the front and rear lot lines. Where
these lot lines are not parallel the lot depth shall be the length of a line joining the
midpoints of the front and rear lot lines.
103
Lot Frontage means the length of the straight line between the two points where the
side lot lines intersect the front lot line along any public street or private road. Where
the front lot line is not straight or where it meets one or more side lot lines at an angle
of less than 80 degrees or more than 100 degrees,
(a)
establish a line joining the midpoint of the front lot line with the
midpoint of the rear lot line or, in the case of a triangular lot, with
the apex of the triangle formed by the side lot lines;
(b)
establish the point on the line established in (a) that is the
distance of the minimum front setback required in the applicable
zone from the street; and
(c)
measure the distance between the side lot lines along the line
perpendicular to the line established in (a) at the point
established in (b).
Lot Line means a boundary line of a lot.
Flankage lot line means any lot line on a corner lot which abuts the street but is
not the front lot line or rear lot line.
Front lot line means the line dividing the lot from the street; in the case of a
corner lot the shortest boundary line abutting the street shall be deemed the front
lot line and the longer boundary line(s) abutting the street shall be deemed the
flankage lot line(s) and where such lot lines are of equal length the front lot line
shall be any of the lot lines abutting a street. In the case of a through lot, any
boundary dividing the lot from a street may be deemed to be the front lot line.
Rear lot line means the lot line furthest from or opposite to the front lot line.
Side lot line means a lot line other than a front, rear, or flankage lot line.
104
M
Main Building means the building in which the principal purpose for which the building
lot is used.
Main Wall means the exterior front, side or rear wall of a building, and all structural
members essential to the support of a fully or partially enclosed space or roof.
Manufacturing means the production, compounding, processing, packaging, crafting,
bottling, packing, or assembling of raw or semi-processed or fully-processed goods or
materials, and shall include a recycling operation completely contained within a
building.
Marina means a facility where boats may be docked or moored and where fuel and
other marine supplies are sold to the boating public.
Marine Industrial means the use of land, buildings, or part thereof for activities related
to shipbuilding and repair, the commercial fishery, and the provisioning of ships and
shall include, but is not limited to, boatyards, fish processing, shipbuilding and repair,
ship chandlering, and the storage of commercial fishing gear.
Marine Recreation Provider means the use of land, buildings, or structures for a
commercial business that, due to its nature of the use, relies on the sea or ocean as an
integral part of its operation, including but not limited to boat tours, canoe and kayak
rentals, and jet ski rentals, but does not include uses related to the commercial fishing
industry.
Medical Clinic means a building or part of a building used for medical, dental, surgical,
or therapeutic treatment of human beings but does not include a public or private
hospital.
Municipality means the Municipality of the County of Antigonish.
105
N
Nameplate Capacity means the manufacturer's maximum rated output of the
electrical generator found in the nacelle of a wind turbine. This equals the electricity
produced when the wind velocity is such as where the conversion efficiency is at its
greatest.
Nursing Home means an extended or immediate care facility licensed under the
Homes for Special Care Act, or successor legislation, to provide full time skilled nursing
care to individuals who, by reason of age, chronic illness, or infirmity, are unable to
care for themselves.
O
Obnoxious Use means a use which, from its nature or operation creates a nuisance or
is offensive by the creation of noise or vibration, or by reason of the emission of gas,
fumes, dust, oil, or objectionable odour, or by reason of the unsightly storage of goods,
wares, merchandise, salvage, refuse matter, waste or other material.
Open Space means uses related primarily to the outdoor enjoyment of lands, including
recreational uses, accessory buildings to a beach including change rooms and
washrooms, boardwalks and nature interpretation stands, canteens, conservation
projects, information stands, marina facilities and picnic areas and facilities.
Ordinary High Watermark means:
(d)
For non-tidal waters, the limit or edge of the bed of a body of
water where the land has been covered by water so long as to
wrest it from vegetation or as to mark a distinct character upon
the vegetation where it extends into the water or upon the soil
itself; and
(e)
For tidal waters, the mark on the seashore reached by the
average of the mean high tides of the sea between the spring
and neap tides in each quarter of a lunar revolution during the
year excluding only extraordinary catastrophes or overflows.
Outdoor Display means an area of land where goods are displayed and are available
for sale to the general public from a retail outlet located on the same lot.
Outdoor Storage means the storage of any item located outside of a building not
primarily for the encouragement of sale of the item or of similar items at that location,
but primarily for storage purposes.
106
P
Person means an individual, association, firm, partnership, corporation, incorporated
company, organization, trustee, or agent, and the heirs, executors, or other legal
representatives of a person to whom the context can apply according to law.
Personal Service Shop means a building or part of a building in which persons are
employed in furnishing services and otherwise administering to the individual and
personal needs of persons, and without limiting the generality of the foregoing may
include such establishments as barber shops, beauty parlours, automatic laundry
shops, hairdressing shops, shoe repair and shoe shining shops, and depots for
collecting dry cleaning and laundry, but excludes any manufacturing or fabrication of
goods for sale.
Place of Worship means a place dedicated to religious worship and may include, but
is not limited to, halls or auditoriums for religious gathering, accessory office space for
administrators, day nurseries operated for patrons, and classroom space for religious
instruction.
Private Club means the use of a building or part thereof for a meeting place for
members of an organization and may include a lodge, a legion, a fraternity or sorority
house, and a labour union hall.
Private Road means a private street or road as defined in the Subdivision By-law of
the Municipality of the County of Antigonish.
Professional Office means a building or structure where business may be transacted,
a service performed, or consultation given but shall not include the manufacturing of
any product or the retailing or selling of goods.
Public and Private Utilities means a closely regulated enterprise with a franchise for
providing to the public a utility service deemed necessary for the public health, safety,
and welfare.
Public Recreation means the use of land, buildings, or parts thereof for tennis courts,
lawn bowling greens, skating rinks, skateboard parks, athletic fields, band shells,
pavilions, outdoor swimming pools, recreational boat launches, and similar uses to the
foregoing, together with necessary and accessory buildings and structures, but not
including indoor commercial recreation or outdoor commercial recreation or a track for
the racing of animals, or any form of motorized vehicles.
Public Road means a public street or road as defined in the Subdivision By-law of the
Municipality of the County of Antigonish.
107
Public Transportation means the use of land, buildings, or part thereof for the
transportation of passengers and related activities and includes bus stations, taxi
stands, and railway stations but does not include airports.
Q
Qualified Person means an individual who has undergone proper educational training
and gained experience and expertise to become certified or recognized as able to
practice in a particular profession in the province of Nova Scotia and, if required by
applicable legislation, is a member in good standing in the professional body
representing and/or regulating the profession in Nova Scotia.
R
Race Track means the use of land for the purpose of racing motorcycles, all-terrain
vehicles, automobiles, or similar motorized vehicles, and animals, including, but not
limited to, horses or dogs, over a constructed track or course or where the continuous
use of land creates a track or course.
Recreational Vehicle ("RV") means a vehicle intended as temporary accommodation
for travel, vacation, or recreational use. Such vehicles may include, but are not limited
to, a motor home, fold-down camping trailer, truck camper, holiday trailer, or fifth
wheel travel trailer, but does not include any vehicle that meets the definition of a
derelict vehicle under the Municipal Government Act.
Recreational Vehicle, Semi-Permanent means a recreational vehicle on a property
that is characterized by one or more of the following: expired or missing license and/or
registration of Recreational Vehicle(s), sewer and/or water connections to the site,
decks and/or accessory building on site, and modifications to a recreational vehicle
including screened porches, decks or exterior rooms (eg. Arizona rooms).
Recycling Depot means premises on which recoverable materials, such as paper,
glass and metals are separated prior to shipment, but does not include any processing
of the material and does not include a scrap yard.
Renewable Energy Generation System means any device or group of devices that
converts an energy from natural sources such as ocean waves or tides, rivers,
geothermal, or biomass to electrical energy, but does not include energy generation
from fossil fuels or nuclear power and does not include wind turbines or solar panels,
which are covered under separate definitions.
108
Residential Care Facility means the use of a building or part thereof as a family home,
group care facility, or similar facility for the non-medical care of more than six persons
in need of personal services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual, but does not include a
facility licensed by Corrections Canada or Nova Scotia Corrections or successor
bodies.
Restaurant means a building or part thereof where food and/or drink intended for
immediate consumption is prepared and served to the public.
Restaurant, Drive-through means a restaurant or part thereof where the intent is
to provide food and/or drink to customers while they remain in their motor
vehicles.
Restaurant, Eat-in means a restaurant or part thereof where food and/or drink
may be consumed within the building or on an attached, formalized outdoor
space.
Restaurant, Take-out means a restaurant or part thereof that does not provide
facilities for consumption of food or drink on the premises, or only provides
informal outdoor eating facilities, such as picnic tables.
Retail Store means a building or part thereof in which goods, wares, merchandise,
substances, articles, or things are offered or kept for sale directly to the public at retail.
S
School, Academic means the use of a building or part thereof as an educational
establishment, whether public or private, intended for the academic instruction of
students up to the completion of Grade 12, and may include elementary schools, junior
high schools, high schools, and consolidated schools, but does not include daycares
as the main use.
School, Commercial means the use of a building or part thereof as an educational
establishment, whether public or private, intended for instruction in extracurricular
activities and/or vocational skills and shall include, but is not limited to, dance schools,
music schools, sports schools, driving schools, culinary institutes, hair schools,
computer schools, and other similar schools, but does not include post-secondary
schools.
School, Post-secondary means the use of a building or part thereof as a degree- or
diploma-granting public educational establishment intended for the academic
instruction of students after the completion of Grade 12.
109
Scrap Yard means the use of land for keeping or storing used bodies or parts of
automobiles or any other type of used equipment, vehicles, machinery, or materials of
any kind, regardless of whether such use occupies all or a part of the lot or lots upon
which it is located, or whether it is a use operated for commercial or other purposes, or
whether the use is subject to salvage yard licensing requirements of the Province of
Nova Scotia.
Self-storage Facility means the use of a building, collection of buildings, or part
thereof for individual, small, self-contained units that are leased or owned for the
storage of business or household goods or contractor supplies.
Senior Citizens' Housing means multifamily housing designed for older people. This
type of housing can also refer to an adult retirement community, assisted living facility,
congregate residences or continuing care retirement facility.
Service Shop means a building or part thereof used for the repair of household articles
and shall include radio, television, and appliance repair shops but shall not include
industrial or manufacturing or motor vehicle repair shops.
Serviced Lot means a lot that is serviced by a central sewer system.
Setback means the distance between a street line, watercourse, or natural feature and
the nearest main wall of any building or structure and extending the full width or length
of the lot.
Setback, Flankage means the horizontal distance, extending the full lot width,
measured from the flankage lot line and the nearest main wall of any building or
structure on the lot.
Setback, Front means the horizontal distance, extending the full lot width,
between the front lot line and the nearest main wall of any building or structure on
the lot.
Setback, Rear means the horizontal distance, extending the full lot width,
between the rear lot line and the nearest wall of any main building or structure on
the lot.
Setback, Side means the horizontal distance, extending the full lot width,
between any side lot line and the nearest wall of any main structure on the lot.
110
Shipping Container means an article of transportation equipment, including one that
is carried on a chassis, that is strong enough to be suitable for repeated use and is
designed to facilitate the transportation of goods by one or more means of
transportation and includes, but is not limited to, intermodal freight containers (sea
containers) and the body of transport trailers or straight truck boxes, but does not
include a motor vehicle.
Shooting Range means the use of land or buildings for sport shooting including, but
not limited to, sport shooting that involves the use of rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder, or other similar items.
Shoreline means the ordinary high watermark of a coastal or other body of water.
Sign means a 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 justify, 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, work,
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. The word "sign" shall include signs that are affixed
to the inside of windows and glass doors and is intended to be seen from roadways or
parking lots. No other indoor sign shall be deemed a sign within this By-law.
Ground Sign means a sign supported by one or more uprights, poles or braces
placed in or upon the ground.
Illuminated Sign means a sign that provides artificial light directly, or through any
transparent or translucent material, from a source of light connected with such
sign, or a sign illuminated by a light focused, upon or chiefly directed at the
surface of the sign.
Mobile Sign means any sign not permanently affixed to the ground or to a
building, including any sign attached to or displayed on a vehicle or trailer that is
used for the expressed purpose of advertising a business establishment, product,
service, or entertainment, when that vehicle is so parked as to attract the
attention of the motoring or pedestrian traffic.
Number of Signs means a sign shall be considered to be a single display surface
or display device containing elements organized, related and composed to form a
unit. Where matter is displayed in a random manner without organized
relationship or elements, or where there is reasonable doubt about the
111
relationship of elements, each element shall be considered to be a single sign.
Projecting Sign means a sign which projects from and is supported by a wall of a
building.
Roof Sign means any sign erected upon, against, or directly above a roof or roof
eave, or on top or above the parapet, or on a functional architectural appendage
above the roof or roof eave.
Sign Area means the area of the smallest triangle, rectangle, or circle or semi-
circle that can wholly enclose the surface area of the sign. All visible faces of a
multi-faced sign shall be counted separately and then totaled in calculating sign
area. Three dimensional signs shall be treated as dual-faced signs, such that the
total area shall be twice the area of the smallest triangle, rectangle, or circle or
semi-circle, which can totally circumscribe the sign in the plan of its largest
dimension.
Third Party Sign means a sign that advertises a business that is not situated on
the same lot on which the sign is placed.
Wall Sign means a sign that is attached to and supported by wall of a building.
Small Options Home means the use of a building or part thereof for a family home,
group care facility, or similar facility for the non-medical care for not more than six
persons in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual, but does
not include a facility licensed by Corrections Canada or Nova Scotia Corrections or
successor bodies.
Storey means the portion of a building between any floor and the floor, ceiling or roof
next above, provided that any portion of a building partly below grade level shall not be
deemed a storey unless its ceiling is at least 1.8 metres (6 feet) above grade and
provided also that any portion of a storey exceeding 4.3 metres (14 feet) in height shall
be deemed an additional storey for each 4.3 metres (14 feet) or fraction thereof of such
excess.
Street means a public road or private road.
Street Line means the boundary line of a street.
112
Structure means anything that is erected, built or constructed or parts joined together
or any such erection fixed to or supported by the soil or by any other structure. A
structure shall include buildings, walls, and signs, and also fences exceeding 1.8
metres (6 feet) in height.
Solar Collector System means a structure or array of structures, and ancillary
equipment, designed to collect solar radiation and convert it to useable forms of
energy. Without restricting the generality of this definition, solar collector system may
include evacuated tubes, flat plate collectors, concentrating mirrors, and building-
integrated photovoltaic materials but does not include windows or greenhouses.
Solar Collector System, Accessory means a solar collector system designed
and sized with a primary purpose to offset or meet the energy needs of other uses
on the site. While such systems may generate, on an annual basis, a small
monetary profit through programs such as net metering, such profits shall be
secondary and incidental to the purpose of offsetting on-site energy needs.
Solar Collector System, Commercial means a solar collector system designed
and sized with a primary purpose to provide electricity or other forms of energy to
the grid or other off-site uses.
T
Transportation and Logistics means the use of a building, structure, land, or part
thereof used for the purpose of transporting any kind of item or thing by truck or other
vehicle, including, but not limited to, loading facilities, storage, and maintenance
facilities, but does not include the transport of people.
U
Unserviced Lot means a lot that is not serviced by a central sewer system.
Urban Farm Use means the use of land and structures for agricultural activities on a
hobbyist scale, such as community gardens or small-scale agricultural activities in
conjunction with a dwelling.
Use means the purpose for which any land, building, or structure is utilized.
113
V
Variance means a relaxation or reduction of the Land Use By-law requirements for a
specific site, as stipulated in the Municipal Government Act.
W
Warehousing means the use of a building or part thereof for the storage of commercial
or industrial wares or goods, excluding retail stores and self-storage facilities.
Water Access means the use of land or structures to provide watercraft access to
marine or freshwater bodies and shall include, but is not limited to, wharves, docks,
slipways, ramps, quays, and marine railroads.
Watercourse means the bed and shore of every river, stream, lake, ocean, creek,
pond, spring, lagoon, swamp, marsh, wetland, ravine, gulch or other natural body of
water, and the water therein, including ground water, within the jurisdiction of the
Province, whether it contains water or not.
Water Frontage means the length of a lot line abutting a water body, measured along
the Ordinary High Water Mark of as defined in the Nova Scotia Land Surveyors
Regulations.
Wetland means an area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances does support, a prevalence of vegetation typically adapted for life in
saturated soil conditions.
Wind Turbine means a device for converting wind power to electricity.
Wind Turbine, Domestic means a device for converting wind power to
electricity, which has a nameplate capacity of not more than 100 Kilowatts (kW)
and which is intended primarily to reduce on-site consumption of utility power.
Wind Turbine, Mini means a device for converting wind power to electricity
which has a name plate capacity of less than one (1) Kilowatt (1000 watts) and
which is intended to reduce on-site consumption of utility power.
Wind Turbine, Utility means a device for converting wind power to electricity,
which has a name plate capacity of more than 100 Kilowatts (kW) and generates
power primarily for sale to a third party and which may be developed either as a
standalone machine or be grouped with others in a wind farm.
114
Workshop means the use of a building or part thereof for the creation of products
assembled or made by hand or by small custom production processes including (but
not limited to) potters, pewterers, goldsmiths, silversmiths, jewellers, toymakers,
leather workers, upholsterers, woodworkers, furniture makers, musical instrument
makers, clothing designers, clothesmakers, shoemakers, antique refinishers, glass
workers, stained glass workers and sailmakers. This definition shall also include
"maker spaces".
X
Y
Yard means the 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 By-law. In determining yard measurements, the minimum horizontal distance
from the respective lot lines to the building shall be used.
Flankage Yard means a yard extending across the full width of a lot between the
flankage lot line and the nearest wall of any building or structure on the lot.
Front Yard means a yard extending across the full width of a lot between the
front lot line and the nearest wall of any building or structure on the lot.
Rear Yard 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.
Side Yard 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 building or structure on the lot.
Z
Zone means a designated area of land shown on Schedule 'A' of this By-law.
115
31 Schedules
31.1.1 Schedules form an official part of this By-law.
31.1.2 Appendices are for information purposes and may be changed by
resolution of Council without formally amending this By-law.
Schedule 'A' - Zoning Map
Schedule 'B' - Wind Resource Overlay
116
Appendix 'A' - Summary of Development Agreement Policies
Use
Zone
MPS Policy
Adaptive reuse of former community
facilities
All
4-36
All, except existing dwellings
Comprehensive Development District
3-61
Dwelling units or boarding house
sleeping units
General Centre - more than 12 on a
lot
3-50
Institutional - 4 to 12 on a lot
3-89
Energy generation systems other
than solar or wind
All
4-49
Heavy industrial uses
Rural Industrial
3-14
Proposals that do not comply with
architectural and site design
requirements
Main Street
3-45
Racetracks
Commercial Recreation Zone
3-82
Shooting ranges
Commercial Recreation Zone
3-82
Solid waste disposal, non-municipal
Rural Industrial
4-29