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Town of Antigonish
Land Use By-law
2
This is to certify that the Land Use By-law, of which this is a
true copy, was adopted by by-law, which was passed by the
majority of the whole of Municipal Council at a duly called
Council meeting of the Town of Antigonish on the:
20th day of January 2020.
Given under the hand of the Chief Administrative Officer and
under the corporate seal of the Municipality this:
23rd day of January 2020.
Mr. Jeffrey Lawrence, Chief Administrative Officer
This is to certify that the land use by-law, of which this is a
true copy, was duly amended at a duly called meeting of
Municipal Council of the Town of Antigonish held on the:
18th day of February 2020
Given under the hand of the Chief Administrative Officer and
under the corporate seal of the said Municipality this:
19th day of February 2020
Mr. Jeffrey Lawrence, Chief Administrative Officer
Ministerial Approval - 14th day of April 2020
Effective Sate - 7th day of May 2020
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Table of Contents
Part 1: Administration ................................................................................................................................... 6
Title ................................................................................................................................................................... 6
1.1
Validity .............................................................................................................................................................. 6
1.2
Prohibition ........................................................................................................................................................ 6
1.3
Development Officer ........................................................................................................................................ 6
1.4
Development Permits ....................................................................................................................................... 6
1.5
Developments exempt from requirements under this by-law ......................................................................... 7
1.6
Application for Development Permits .............................................................................................................. 7
1.7
Development through Site Plan Approval ........................................................................................................ 8
1.8
Development through Development Agreement ............................................................................................ 9
1.9
Application Fees ............................................................................................................................................... 9
1.10
Penalty .............................................................................................................................................................. 9
1.11
Costs for Advertising......................................................................................................................................... 9
1.12
Part 2: Establishment of Zones ................................................................................................................... 10
Zones .............................................................................................................................................................. 10
2.1
Zone Symbols.................................................................................................................................................. 10
2.2
Zoning Map ..................................................................................................................................................... 11
2.3
Zones not on Maps ......................................................................................................................................... 11
2.4
Interpretation of Zoning Boundaries .............................................................................................................. 11
2.5
Part 3: Definitions ....................................................................................................................................... 12
Part 4: General Provisions ........................................................................................................................... 25
4.1
Licenses, Permits, and Compliance with Other By-laws ................................................................................. 25
4.2
Buildings to be on a Single Lot ........................................................................................................................ 25
4.3
One Main Building on a Lot ............................................................................................................................ 25
4.4
Multiple Uses .................................................................................................................................................. 25
4.5
Accessory Uses Permitted .............................................................................................................................. 25
4.6
Accessory Structures ...................................................................................................................................... 25
4.7
Existing Undersized Lots ................................................................................................................................. 26
4.8
Existing Flag Lots and Landlocked Lots ........................................................................................................... 26
4.9
Nonconforming Uses and Structures.............................................................................................................. 26
4.10
Solar Panels .................................................................................................................................................... 26
4.11
Height Regulations ......................................................................................................................................... 26
4.12
Conformity with Existing Setbacks ................................................................................................................. 27
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4.13
Building to be Moved ..................................................................................................................................... 27
4.14
Temporary Uses Permitted............................................................................................................................. 27
4.15
Vehicle Bodies ................................................................................................................................................ 27
4.16
Restoration to a Safe Condition...................................................................................................................... 27
4.17
Permitted Encroachments in Yards ................................................................................................................ 27
4.18
Public Uses Permitted..................................................................................................................................... 28
4.19
Illumination .................................................................................................................................................... 28
4.20
No Structures Adjacent to Watercourses ....................................................................................................... 28
4.21
No Structures Adjacent to Railway ................................................................................................................. 28
4.22
Variances ........................................................................................................................................................ 29
4.23
Vision Triangle ................................................................................................................................................ 29
4.24
Lodging Homes ............................................................................................................................................... 29
Part 5: Signs ................................................................................................................................................. 30
5.1
General ........................................................................................................................................................... 30
5.2
Safety and Maintenance ................................................................................................................................. 30
5.3
Limit on Number of Signs ............................................................................................................................... 30
5.4
Signs Permitted in All Zones ........................................................................................................................... 30
5.5
Signs Prohibited in All Zones .......................................................................................................................... 31
5.6
Signs in Residential Neighbourhood Zones .................................................................................................... 31
5.7
Roof and Facial Wall Signs .............................................................................................................................. 31
5.8
Projecting Wall Signs ...................................................................................................................................... 32
5.9
Ground Signs .................................................................................................................................................. 32
5.10
Electronic Signage ........................................................................................................................................... 33
Part 6: Parking space supply ....................................................................................................................... 34
6.1
Motor Vehicle Parking Supply Requirements ................................................................................................. 34
6.2
Location of parking ......................................................................................................................................... 35
6.3
Parking Area Standards for more than 6 Spaces ............................................................................................ 35
6.4
Electric Vehicle Charging Stations .................................................................................................................. 36
6.5
Bicycle Parking Supply Requirements ............................................................................................................. 36
6.6
Residential Neighbourhood Zone Parking Requirements .............................................................................. 37
6.7
Parking and Loading Requirements for Change of Use .................................................................................. 37
Part 7: Residential Neighbourhood Zones .................................................................................................. 38
Residential Neighbourhood Zones ................................................................................................................. 38
7.1
Residential Neighbourhood Zones Permitted Uses ........................................................................................ 38
7.2
General Provisions for Residential Neighbourhood Zones ............................................................................. 39
7.3
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Residential Neighbourhood (RN-1) Zone ........................................................................................................ 43
7.4
Higher-Order Residential Neighbourhood (RN-2) Zone ................................................................................. 44
7.5
Manufactured Home Residential (MH) .......................................................................................................... 50
7.6
Part 8: Mixed Use Zones ............................................................................................................................. 51
8.1
Mixed Use Zones ............................................................................................................................................ 51
8.2
Mixed Use Zones Permitted Uses ................................................................................................................... 51
8.3
General Provisions for Mixed Use Zones ........................................................................................................ 53
8.4
Downtown Mixed Use (MU-1) ........................................................................................................................ 54
8.5
James Street Mixed Use (MU-2) ..................................................................................................................... 57
8.6
Mixed Use Centre (MC) Zone ......................................................................................................................... 59
8.7
Comprehensive Development District (CDD) ................................................................................................. 60
Part 9: Commercial Zones ........................................................................................................................... 61
9.1.
Commercial Zones .......................................................................................................................................... 61
9.2.
Commercial Zones Permitted Uses ................................................................................................................ 61
9.3.
Industrial Commercial (C-1) Zone ................................................................................................................... 62
Part 10: Community Use Zones .................................................................................................................. 65
10.1
Community Use Zones .................................................................................................................................... 65
10.2
Community Use Zones Permitted Uses .......................................................................................................... 65
10.3
General Provisions for Community Use Zones ............................................................................................... 66
10.4
Institutional (I) ................................................................................................................................................ 67
10.5
University Institutional (UI) ............................................................................................................................ 68
10.6
Open Space (OS) ............................................................................................................................................. 69
Part 11: Environmental Zones ..................................................................................................................... 70
11.1
Environmental Zones ...................................................................................................................................... 70
11.2
High Risk Floodplain (HF) Zone ....................................................................................................................... 70
11.3
Moderate Risk Floodplain Overlay Zone (MF) ................................................................................................ 71
11.4
Water Supply (WS) Overlay Zone ................................................................................................................... 72
Part 12: Old Town (OT) Overlay Zone ......................................................................................................... 72
Schedule A: Zoning Map ............................................................................................................................. 73
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Part 1: Administration
Title
1.1
a) This By-law shall be known and may be cited as the 'Land Use By-law for the Town of Antigonish'.
Validity
1.2
a) This By-law shall apply to all lands within the boundaries of the Town of Antigonish.
b) This By-law shall take effect when approved and advertised pursuant to legal requirements of the
Municipal Government Act.
c) When coming into effect, this by-law shall repeal all previous versions of land use by-laws for the Town of
Antigonish as well as variances granted thereto.
Prohibition
1.3
a) No development shall be carried out within the Town of Antigonish except in accordance with this By-law.
b) For projects requiring a development permit by this By-law, development shall not be commenced or
continued unless the owner has obtained a development permit to carry out the development.
Development Officer
1.4
a) The Council of the Town of Antigonish (hereinafter referred to as 'Council') shall appoint a Development
Officer who shall be responsible for the administration of this Land Use By-law and the issuing of
development permits.
b) The Development Officer shall keep digital records of all applications received, permits and orders issued,
inspections made, and shall retain digital copies of all papers and documents connected with the
administration of this By-law, which shall form part of the public records of the Town of Antigonish.
Development Permits
1.5
a) No person shall undertake a development within the Town of Antigonish without first obtaining a
development permit from the Development Officer.
b) The Development Officer shall only issue development permits in conformance with this by-law, except if
specifically authorized otherwise by higher level legislation (e.g. Provincial Acts).
c) Within fourteen (14) days of receiving an application for a development permit, the Development Officer
shall inform the applicant whether or not the application is complete.
d) Within thirty (30) days of receiving a completed application, the Development Officer shall either grant
the development permit, or inform the applicant of the reasons for not granting the permit.
e) Every development permit is valid:
i. for twelve (12) months from the date of issuing the permit;
ii. upon the permit being renewed for a further twelve (12) months if construction has begun; or
iii. if not commenced within twelve (12) months and is still proposed, a new application is to be made.
f)
A development permit shall pertain to one lot only and may allow for a single development, more than
one development, or elements of a particular development as specified by the development permit.
g) A development permit may be withheld if the applicant cannot obtain a Municipal Servicing Permit and/or
Electrical Permit.
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Developments exempt from requirements under this by-law
1.6
Notwithstanding anything else in this by-law, a development permit shall not be required for the following:
a) Any accessory building or structure having less than 9 m2 of gross floor area;
b) Fences under 2 metres in height, excluding chain-link fences in residential zones as regulated in Section
7.3.9 of this By-law;
c) Decks under 0.6 metre in height;
d) Flag poles, clothes poles and clothes lines;
e) Drop awnings, garden trellises, retaining walls;
f)
Exterior renovations which do not involve a change in building height or footprint except in zones or
under development agreements which contain Design Guidelines and/or requirements; and
g) Interior renovations which do not involve a change of use or change in gross floor area.
Application for Development Permits
1.7
a) An application for a development permit shall:
i. be made in the form prescribed by the Town;
ii. be signed by the property owner or his/her agent;
iii. state the intended use of the proposed development; and
iv. provide any other information required by the Development Officer to determine whether the
proposal meets the requirements of this By-law.
b) The application shall contain any other information the Development Officer deems necessary to
determine whether the proposed development conforms to the requirements of this By-law.
c) The Development Officer may require any of the following:
i.
A sketch or plan drawn to the appropriate scale and showing any of the following:
1. The true shape and dimension of the lot to be used.
2. The proposed location, height and dimensions of any building, structure or work in
respect of which the permit is applied for, along with measurements of the lot
frontage and yard setbacks.
3. The location of every building or structure already constructed, or partly constructed,
on such lot, and the location of every building or structure existing upon abutting lots.
4. The external elevations of proposed or existing buildings
5. The proposed location and dimensions of parking areas, parking spaces, loading
spaces, driveways, curbs, landscaping and fencing.
6. The location of natural features, such as watercourses, wetlands, and slope by
topography. Professional wetland delineation may be requested.
7. Proposed locations and entrance sizes of utility laterals for water, sewer and storm
water management
8. Connections to the Town's electric utility including existing and proposed power poles
on the subject property
9. Such other information as may be necessary to determine whether or not the
proposed development conforms with the requirements of this By-law.
ii.
Where the Development Officer is unable to determine whether the proposed development
conforms to this By-law and other By-laws and regulations in force which affect the proposed
development, they may require that the plans submitted under item (i.) of this clause be based
upon actual survey by a licensed Nova Scotia Land Surveyor, at the cost of the applicant.
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Development through Site Plan Approval
1.8
a) This By-law states the types of land uses that are subject to Site Plan Approval through permitted use
tables for each zone.
b) Notwithstanding anything else in this By-law, the following developments shall be exempt from the Site
Plan Approval procedure:
i.
Changes of use, interior building reconfigurations or additions of up to a gross floor area of 75 m2
that do not trigger increasing parking requirements;
ii.
Installation, replacement or repair of building features and building repairs or additions that
neither change the footprint of the building nor increase parking requirements;
iii.
Accessory structures excluding Accessory Dwelling Units on a property where no site plan
approval is currently applicable, or where Accessory Structures are not indicated on an existing
site plan approval;
iv.
Signage on a property where no site plan approval is currently applicable, or where signage is not
indicated on an existing site plan approval;
v.
Temporary Uses;
c) The Development Officer may vary only the following provisions of this By-law through Site Plan Approval:
i.
Yard requirements, lot frontage and/or lot area; building footprint; floor area occupied by a
home-based business;
ii.
Lot coverage;
iii.
The number of loading spaces.
iv.
The type, location, number, and size of signs or sign structures.
d) If varied, signs or sign structures must not negatively alter the appearance of the streetscape or
neighbourhood. Where signage requirements are varied by site plan approval, the signage must be drawn
to scale on the site plan. The Development Officer may also require signage elevations to scale showing
the front, side and rear elevations where the requirements of this Bylaw are varied.
e) Every application for a site plan approval must have regard for the following matters, which shall
constitute criteria that the Development Officer will evaluate prior to granting Site Plan Approval:
i.
The location of new structures, signage and parking on the lot shall minimize negative impacts to
the surrounding area, including lighting, fumes, or other nuisances to neighbouring lots;
ii.
Where necessary, open storage including refuse containers are buffered with an opaque fence or
hedge sufficient to screen the storage area from adjacent properties and the street;
iii.
For residential developments outdoor storage of solid waste shall only be located in side or rear
yards and bins shall be screened, so as to not be visible from any street or adjacent property.
iv.
Landscaping or similar visual barriers shall be provided around structures on the site and any
parking areas to minimize the visual and environmental impacts on the surrounding area;
v.
Native trees of at least 1.5m height are planted at a rate of 1 tree per 50m2 of landscaped area
and all efforts shall be made to retain mature trees on the lot;
vi.
All proposed driveway accesses are of an appropriate width to allow for the safe and efficient
movement of vehicles to and from the site;
vii.
The site design promotes active transportation and all walkways are surfaced with a paving
material such as brick, cobblestone, concrete, or any other suitable material to clearly delineate
pedestrian walkways from parking, loading and vehicle circulation areas;
viii.
Active transportation infrastructure is integrated with existing sidewalks and pathways;
ix.
Any alteration of land shall include measures to avoid negative impacts on the natural function of
any watercourse or wetland including fill, sedimentation and erosion;
x.
Where necessary, the site plan identifies measures for the effective drainage of stormwater;
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f)
The Development Officer may, if they deem necessary, consult with the Traffic Authority to require a
traffic impact analysis pertaining to a site plan application, to be completed by a Licensed Engineer.
g) The Development Officer may request any of the following items drawn to scale on the site plan:
i.
Any information that may be requested as part of an application for a development permit;
ii.
The type, location and height of any retaining walls, fences, hedges, trees, shrubs or
groundcover, as well as any retained natural vegetation;
iii.
Any existing and proposed grade alteration and storm surface water control infrastructure;
iv.
The location of existing and proposed walkways, noting the width and surface materials;
v.
The type and location of existing and proposed outdoor lighting;
vi.
The location and type of any facilities and enclosures for the storage of garbage, recycling and
other waste materials;
vii.
The location and type of any amenity area or facilities provided for users of the development;
viii.
The location of existing and proposed easements on the subject property;
h) All required landscaping must be maintained in healthy condition. Any required soft landscaping that dies
must be replaced within one year or at the beginning of the next growing season, whichever is sooner.
i)
Prior to issuing development permits, the Development Officer shall be provided with a letter provided by
the applicant indicating that the applicant and/or owner agrees to carry out the terms of the site plan.
Development through Development Agreement
1.9
a) This By-law states the types of land uses that may be permitted by Development Agreement through
permitted use tables for each zone.
b) Apart from development agreement types specifically mentioned in certain zones, the following
development agreements may be considered in any zone except for the High Risk Floodplain (HF) Zone:
i.
Accessory Buildings or Structures in excess of Land Use By-law Requirements;
ii.
Alternative Heritage Developments;
iii.
The expansion of legal nonconforming uses of land, nonconforming structures;
iv.
The development of uses that are permitted within the zone and designation on an abutting
property;
v.
The development of uses that are extensions of development agreements in effect on an
abutting property within the same designation.
c) The Municipal Planning Strategy shall establish all policies and conditions for development agreements
enabled in this Land Use By-law.
Application Fees
1.10
Every application for a development permit, subdivision, variance, site plan approval, Municipal Planning Strategy
and/or Land Use By-law amendment(s), and development agreement shall be subject to the fees as determined by
the fee schedule of the Planning Authority, as updated over time.
Penalty
1.11
Any person in violation of the Municipal Government Act and provisions in force pursuant to the Act will be subject
to the penalties established in the Act.
Costs for Advertising
1.12
Applications for an amendment to this By-law shall be accompanied by a deposit to the Planning Authority in an
amount estimated by the Commission to be sufficient to pay the cost of advertising required by the Municipal
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Government Act. After the advertising has been complete, the applicant shall pay to the Planning Authority any
additional amount required to cover the cost of the advertising, or if there is a surplus, the Planning Authority shall
refund the excess.
Part 2: Establishment of Zones
Zones
2.1
The Town of Antigonish shall be divided into zones, the extent and boundaries of which are shown on the Zoning
Map, which is found in Schedule A of this By-law. The provisions of this By-law shall apply to all such zones.
Zone Symbols
2.2
Zones
Symbol
Colour
Residential Zones
Residential Neighbourhood
RN-1
Higher Order Residential
Neighbourhood
RN-2
Manufactured Home Residential
MH
Mixed Use Zones
Downtown Mixed Use
MU-1
James Street Mixed Use
MU-2
Mixed Use Centre
MC
Comprehensive Development
District
CDD
Commercial Zones
Industrial Commercial
C-1
Community Use Zones
Institutional
I
University Institutional
UI
Open Space
OS
Environmental Zones
High Risk Floodplain
HF
Overlay Zones
Old Town Overlay
OT
Moderate Risk Floodplain Overlay
MF
Water Supply Overlay
WS
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Zoning Map
2.3
The Schedule A attached hereto may be cited as the 'Zoning Map' and is hereby declared to form part of the By-
law.
Zones not on Maps
2.4
The zoning map of this By-law may be amended, in conformance with the Municipal Planning Strategy, to utilize
any zone in this By-law, regardless of whether or not such zone had previously appeared on any zoning map.
Interpretation of Zoning Boundaries
2.5
Boundaries between zones shall be determined as follows:
a) where a zone boundary is indicated as following a street or highway, the boundary shall be the centre line
of such street or highway;
b) where a zone boundary is indicated as approximately following lot lines, the boundary shall follow such
lot sizes;
c) where a street, highway, railroad or railway right-of-way, electrical transmission line right-of-way, or
watercourse is included on the zoning maps, it shall, unless otherwise indicated, be included in the zone
on the adjoining property on either side thereof;
d) where a railroad or railway right-of-way, electrical transmission line right-of-way or watercourse is
included on the zoning map and serves a boundary between two or more different zones, a line midway
on such right-of-way or watercourse and extending in the general direction of the long division thereof
shall be considered the boundary between zones unless specifically indicated otherwise;
e) where none of these above provisions apply, and where appropriate, the zone boundary shall be scaled
from the attached Zoning Map, Schedule "A".
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Part 3: Definitions
For the purpose of this Bylaw, all words shall carry their customary meaning except for those defined in this
section. Where a proposed use has an operation similar in nature and intensity to a defined use, the defined use
and associated regulations may be used at the discretion of the Development Officer. Drawings are for illustrative
purposes only. The text definition shall prevail in any conflict between a drawing and the text definition.
Abut or Abutting means having a common border in at least one point, or being separated from such a common
border only by a right-of-way.
Accessory Building means a subordinate building or structure on the same lot as the main building devoted
exclusively to an accessory use. This use many include an accessory dwelling unit where permitted.
Accessory Dwelling Unit means one dwelling unit accessory to a single unit dwelling, semi-detached dwelling or
accommodations, bed and breakfast intended as an independent and separate unit which contains its own
sleeping, living, cooking and sanitary facilities, and its own independent entrance. Accessory dwellings may be
contained within the primary single unit dwelling or located in a detached structure.
Accessory Dwelling Unit, Garage Suite means one accessory dwelling unit built above a detached garage and
located behind the primary single unit dwelling or bed and breakfast.
Accessory Dwelling Unit, Garden Suite means one free-standing, single-story accessory dwelling unit located in
the rear yard of the primary single unit dwelling or bed and breakfast.
Accessory Dwelling Unit, Secondary Suite means one self-contained accessory dwelling unit fully contained within
and subordinate to a single unit dwelling or bed and breakfast.
Accessory Use means a subordinate use(s) which take place on the same site as the principal use, and is clearly
secondary and incidental to the principal use.
Accommodations, Bed and Breakfast means a dwelling where the owner or manager is a resident on the property
and provides accommodation and meals to the travelling public for financial remuneration. A bed and breakfast
shall contain a maximum of 4 sleeping units (bedrooms) and a common area, but does not include lodging homes.
Accommodations, General means a building, or portion thereof, where 3 or more sleeping units (bedrooms) are
used to accommodate the travelling public for financial remuneration and may include facilities such as meeting
rooms, restaurants, entertainment facilities and accessory licensed liquor establishments. This use shall include
hotels, motels, inns or cottages but does not include bed and breakfasts or lodging homes.
Act means the Municipal Government Act. 1998, c. 18, s.1. and amendments thereto.
Agricultural Use means the use of land and buildings for farming, dairying, pasturage, agriculture, apiculture,
floriculture, horticulture, and animal and poultry husbandry and the necessary accessory uses for packing, storing,
or treating the produce.
Amenity Area means an area capable of being used for active or passive recreation and enjoyment of the
occupants of a residential development. An amenity area may include landscaped areas, patios, verandahs,
balconies, communal lounges, swimming pools, sport courts, play areas, and other similar features, and does not
include the building's service areas, parking lots, aisles, or access driveways.
Amenity Area, Common Outdoor means an amenity area located outside a structure including open landscaped
areas, building rooftops, patios, terraces, swimming pools, tennis courts, and other similar features.
13
Amenity Area, Private Outdoor means an amenity area located outside a structure which is accessory to a
dwelling unit such as a patio, backyard and balconies and does not include walkways, play areas, or other
communal areas.
Animal Hospitals & Veterinary Offices means an establishment primarily used for the care and treatment of
domestic animals where the veterinary services primarily involve in-patient care and major medical procedures
involving hospitalization for extended periods of time. Any outdoor runs for animals shall be enclosed and opaque
from abutting residential properties. The accessory use of animal crematoriums is permitted. Animal Hospitals &
Veterinary Offices shall not be an objectionable use as defined in this Bylaw.
Articulated Division means the changes in the depth of the surface of a building face or facade such as attached
columns, recessed windows or window bays or protruded building face components. Articulation gives texture to a
building surface. Vertical articulation can be used to divide a facade into pieces that appear to be separate
buildings or can simply be ornamental.
Automobile Dealers & Rentals means an establishment primarily engaged in retailing or renting new and used
automobiles, commercial vehicles, motorcycles, watercraft, off-road vehicles, and recreational vehicles.
Automobile Service Station means an establishment primarily engaged in the retail sale of fuel, oil, gasoline, and
automobile related products and may include a car wash or a convenience retail store. This use does not include
automobile vehicle repairs and maintenance.
Automobile Vehicle Repairs & Maintenance means an establishment primarily engaged in providing motor vehicle
repair and maintenance for automobiles, commercial vehicles, motorcycles, watercraft, off-road vehicles, and
recreational vehicles and includes oil change and lubrication shops, autobody shops, tire repair shops and
rustproofing/undercoating.
Balconies & Attached Decks means an unroofed elevated platform projecting from the wall of a building that may
be semi-enclosed by a railing or a parapet, but where the structure remains open to the outside elements.
Bank & Financial Institutions means an establishment primarily engaged in providing financial services to the
public. Typical uses include, but are not limited to, banks, trust companies, finance companies, mortgage
companies, insurance companies, or investment companies.
Basement means a storey or storeys of a building located below the ground floor.
Brewery, Distillery & Winery means a facility used for the fermenting, brewing, or distilling of beverage alcohols
and includes facilities on the same lot where the beverage alcohols may be blended, mixed, stored or packaged,
and may include accessory sales, tours, tasting rooms and customer seating areas.
Building means any structure, whether temporary or permanent, used or built for the shelter, accommodation, or
enclosure of persons, animals, material, vehicles, activity, or equipment. Any tent, awning, deck, patio or platform,
vessel or vehicle used for any of the said purposes shall be deemed to be a building.
Building Line means any line regulating the position of a building or structure on a lot.
Build-to Plane means the vertical plane that extends upward two storeys from a line drawn parallel to the Front
Lot Line at the distance equal to the front yard setback.
Bulk Storage Facility means a place for the outdoor storage or tank storage of large quantities of raw materials or
industrial related goods such as liquids (fuel, oil), gases, minerals, pipes, gravel, fertilizers and grain.
Business or Professional Office means a room where business may be transacted, a service performed, or
consultation given but does not include the manufacturing of any product or the on- site retaining or selling of
goods.
14
Business Support Services & Printing means an establishment that provides support services to businesses that
are characterized by one or more of the following features: the use of minor mechanical equipment for printing,
duplicating, binding or photographic processing, the provision of office maintenance or custodial services, the
provision of office security, and the sale, rental, repair, or servicing of office equipment, furniture, and machines.
Typical uses, include but are not limited to, printing establishments, film-processing establishments, janitorial
firms, call centre, and office equipment sales and repair establishments.
Campground means an area of land for the temporary accommodation of travel trailers, motorized homes, tents
and trailers used for travel, recreational and vacation purposes but does not include a manufactured home
community.
Car Wash means establishment primarily dedicated to the washing and/or waxing of motor vehicles.
Carriage Court Development means up to six carriage court rowhouses fronting on street and up to six carriage
court rowhouses in the rear of one lot all sharing one common driveway in the middle of the development.
Carriage Court Row House means a building that is divided vertically into 3 or more separate Dwelling Units, each
with its own private entrance and 1 parking space accessed from a shared central drive in a carriage court.
Commercial Club means any club operated for financial gain.
Commercial Parking Lot means an open area, other than a street or lane or parking structure, used for the parking
of motor vehicles and available for public and/or private use whether or not for compensation. A commercial
parking lot shall include 3 or more parking spaces together with aisles and shall have principal access to a street
and where the use of parking constitutes the main use of the lot.
Commercial School means a school conducted for compensation and includes a secretarial school, language
school, and driving school but does not include a day care or university;
Commercial Vehicle means a vehicle, other than an automobile (truck), that is used for an activity that has as its
main purpose financial gain, and which vehicle has a specified load capacity of over 908 kg.
Community Centre means a facility used for recreational, social, educational, and cultural activities by the
community. The community centre may be used for commercial purposes and may be controlled by the
Municipality, a local board, a non-profit group or any similar organization. Bingo halls are permitted as an
accessory use to a community centre.
Construct means to build, erect, reconstruct, alter, relocate, or place any building or structure and shall include
any preliminary physical operation prior to construction such as excavating, grading, piling, cribbing, filling, or
draining.
Convenience Stores means an establishment where food, tobacco, drugs, periodicals, or similar items of
household convenience are kept for retail sale to residents of the immediate neighbourhood.
Council means the Council of the Town of Antigonish.
Cultural Institution means a facility which is available to the public for the purpose of assembly, instruction,
culture or community activity. Typical uses, include but are not limited to, auditoriums, libraries, museums,
theatres, and publicly owned art galleries.
Day Care, General means a facility located in any portion of a non-residential dwelling where children are
accommodated on a temporary daily basis for compensation without overnight accommodation. This use shall not
include educational services use as defined in this By-law.
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Decorative Features means architecturally ornamental or decorative features attached to or protruding from an
exterior wall or roof, including but not limited to cornices, eaves, belt courses, sills, lintels, bay windows, gutters,
chimneys, pilasters, canopies, or similar permanent features.
Development means any erection, construction, alteration, demolition, replacement, relocation, or addition to any
structure, and any change or alteration in the use of land or structures.
Development Agreement means an agreement made pursuant to the provisions of the Municipal Government Act.
Development Officer means the development officer appointed by the Town in accordance with the Municipal
Government Act and charged with the duty of administering the provisions of this By-law.
Development Permit means a permit issued by the development officer which indicates that a proposed
development complies with the provisions of the Land Use By-law.
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, and shall not include a hotel, a motel, apartment hotel, a
travel trailer or a motor home.
Dwelling Unit means 1 or more habitable rooms intended for use by 1 or more individuals as an independent and
separate housekeeping establishment which contains its own sleeping, living, cooking and sanitary facilities for the
exclusive use of such individual(s).
Dwelling, Converted means a building converted to contain a greater number of dwelling units than the building
contained prior to that conversion.
Dwelling, Duplex means a building consisting of 2 dwelling units.
Dwelling, Triplex means a building consisting of 3 dwelling units.
Dwelling, Fourplex means a building consisting of 4 dwelling units.
Dwelling, Lodging Home, means a dwelling unit with a set of living quarters containing 5 or more lodging units,
which is not open to the travelling public, and which does not include a home for special care or General
Accommodations.
Dwelling, Manufactured Home, means a dwelling unit manufactured in a factory and designed for transportation
after fabrication, whether on its own wheels or a trailer, which arrives at the site where it is to be occupied as a
dwelling complete and ready for occupancy (except for minor unpacking and assembling operations to place the
building on an acceptable foundation), and having a width or depth of not more than 6 m. A manufactured home is
capable of being connected to municipal water and sewer services and is equipped for year-round occupancy. A
manufactured home attached to another building is still a manufactured home.
Dwelling, Multi-Unit means a building consisting of 5 or more dwelling units which share facilities such as amenity
areas, parking and driveways.
Dwelling, Semi-detached means a dwelling unit attached on one side of the building and used or intended to be
used by 1 household.
Dwelling, Single Unit means a detached dwelling unit used or intended to be used by 1 household.
Dwelling, Townhouse means a dwelling that is divided vertically into 3 or more separate Dwelling Units, each with
its own private entrance. Each Dwelling Unit is located on a separate lot and has legal frontage on a public right-of-
way.
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Dwelling, Townhouse, Stacked means a building that is divided vertically into 3 or more separate Dwellings
sharing their side walls. Each Dwelling is located on a separate lot, has legal frontage on a public right-of-way and
may have two or three vertically stacked dwelling units.
Erect means to build, construct, reconstruct, alter, or relocate and without limiting the generality of the foregoing
shall include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, or
structurally altering any existing building or structure by addition, deletion, enlargement, or extension.
Equipment and Machinery Park means a lot where commercial vehicles or machines such as diggers, backhoes
and similar are parked. This may include the open storage of equipment accessory to such vehicles or machines.
Established Grade means the average elevation of the finished grade of the ground where it meets the exterior of
the front of a building or structure exclusive of any artificial embankment or entrenchment. When used with
reference to a street, road, or highway, means the elevation of the street, road, or highway established by the
designated traffic authority.
Existing means existing as of the effective date of this By-law. The effective date is the date on which this By-law
first came into effect by means of the advertising pursuant to the Act.
Façade means an exterior wall of a building which faces a street. On corner lots, the primary façade is that which
fronts on the major street.
Façade Transparency means the linear percentage of a building façade that is visually permeable.
Fill means material deposited on a lot to alter the land level of the lot.
Fire Escapes & Exterior Staircases means an exit stairway located on an outside wall of a building.
Floor Area means the combined area of all horizontal space contained within the outside walls of a building.
Floor Area, Ground means the total floor area of a building storey closest to grade level.
Gross Floor Area means for commercial uses the total floor area within a building used or capable of being used
for commercial purposes but excludes washrooms, furnace and utility rooms, and common halls between stores.
Gross Floor Area means for residential uses the total floor area excluding any private garage, porch, verandah,
sunroom, unfinished attic, mezzanine, or basement and cellar or other room which is not furnished or temperature
controlled during all the seasons of the year.
Floor Area Ratio means the maximum gross floor area of the main buildings or dwellings on a lot expressed as a
percentage of the lot area, and for the purposes of this definition, the maximum floor area ratio in each zone shall
apply only to that portion of such lot which is located within said zone unless specifically stated otherwise in this
Bylaw.
Funeral Services means establishments primarily engaged in preparing the dead for burial or interment,
conducting funerals, operating sites or structures reserved for the interment of human or pet remains, and
cremating the dead.
Gambling Industries means an establishment primarily engaged in operating gambling facilities or providing
gambling services. Typical uses, include but are not limited to, casinos, bingo halls, video gaming terminals,
lotteries and off-track betting.
Government Offices & Facilities means facility where Crown Corporation, Municipal, Provincial or Federal
government provides services directly to the public. Typical uses include, but are not limited to, taxation offices,
courthouses, post office, employment offices, and social service offices. This use does not include emergency
service facilities and education services.
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Ground Floor means the first floor of building above the established grade.
Group Home see Special Care.
Group Home, Day Program means day programs, where attendants learn basic academic and life skills where
there is a maximum of 8 attendants, not including staff, and hours of operation are limited to regular office hours.
Hard Surface means any surface on a lot that is impervious to water and shall include buildings, asphalt, and
monolithic concrete surfaces.
Health Care Services means an establishment primarily engaged in providing outpatient health care to the public
without overnight accommodation. Typical uses include, but are not limited to, medical professionals such as
dentists, chiropractors, osteopaths, physicians or occupational therapists.
Height means the vertical distance between the established grade and the highest point of the roof and shall not
include any accessory roof construction used as an ornament or the mechanical operation of the building such as a
mechanical penthouse, a chimney, tower, cupola, steeple, antenna, or solar panels.
Home-Based Business means business or professional use operating as an accessory use to a dwelling in a main
building, which is contained inside that dwelling and operated by the dwelling's usual resident(s).
Hospital means an establishment primarily engaged in providing in-patient and outpatient health care to the
public. Typical uses include, but are not limited to, community health centres and full service hospitals.
Industrial Use, General means the use of land, buildings, or structures for the manufacturing, processing,
fabricating, or assembly of raw materials or goods, warehousing or bulk storage of goods, and related accessory
uses.
Industrial Use, Noxious means a use of land, buildings, or structures for the manufacturing, processing,
fabricating, or assembly of raw materials or goods, warehousing, transportation or bulk storage of goods, and
related accessory uses. The use 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 materials. Any use related to goods which are
potentially dangerous would fall into this category.
Institutional Use means a use put to a building or land used by an organized body or society for non-profit
purposes, including but not limited to office and professional services and retail or rental uses.
Kennel means any structure or premises in which domestic pets are boarded, groomed or trained for commercial
gain. Animal shelters, such as those operated by municipalities or the SPCA, shall be deemed to fall within this
category. The temporary shelter of up to 3 domestic animals within a private residence shall not be deemed a
kennel.
Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative
stonework, pavers, screening or other architectural elements, all of which is designed to enhance the visual
amenity of a property or to provide a screen between properties in order to mitigate objectionable interaction
between them. This does not include gravelled surfaces.
Legal nonconforming means not meeting the applicable requirements of this Land Use By-law but existing and
lawfully permitted at the date of the first publication of the notice of intention to adopt this Land Use By-law.
Loading Space means an area of land provided and maintained upon the same lot or lots upon which the principal
use is located and which:
Is suitable for the temporary parking of 1 commercial motor vehicle while merchandise or materials are
being loaded or unloaded from such vehicle, and such parking shall not be for the purpose of sale or
display;
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Is not upon or partly upon any public right-of-way; and
Has adequate access to permit ingress and egress by means of driveways, aisles, maneuvering areas, or
similar areas, no part of which shall be used for the parking or storage of 1 or more motor vehicles.
Lodging Home see Dwelling, Lodging Home
Lodging Unit means one or more rooms, provided in return for remuneration, used or designed to be used for
sleeping accommodations. Lodging units may contain cooking or sanitary facilities, but not both.
Lot means any parcel of land described in a deed, or any parcel of land as shown on an approved plan of
subdivision filed in the Registry of Deeds, or any parcel of land as described in a deed by means of Section 268(2)
of the Municipal Government Act.
Lot, Corner means a lot situated at the intersection of, and abutting on 2 or more streets.
Lot, Flag means an existing lot which cannot contain a circle beginning at the front lot line with a diameter equal to
the minimum lot frontage or cannot fit a straight line, to be located entirely on the lot, which would connect the
centre point of the front lot line to the centre point of the rear lot line.
Lot, Landlocked means a buildable lot which has no street frontage.
Lot, Through means a lot bounded on 2 opposite sides by a street. For lots which qualify as both a corner and a
through lot, the lot shall be deemed to be a corner lot.
Lot, Undersized means a lot where the lot width and/or area is less than the zone requirements of this Bylaw.
Lot Area means the total horizontal area within the lot lines of a lot. For split-zoned lots, the lot area is not
synonymous with the calculated zone area on a lot.
Lot Coverage means the portion of the lot that is covered by buildings, excluding projecting eaves, balconies, and
similar features.
Lot Frontage means the distance between the side lot lines of a lot measured along the street(s) or highway(s) the
lot fronts on.
Lot Line means a boundary of an exterior line of a lot.
Lot Line, Flankage means a side lot line of a corner lot that abuts the public right-of-way.
Lot Line, Front means the line dividing the lot from the street and includes the following variation:
For a lot that does not abut a public street but has a boundary abutting a private road or a right-of-way
easement, that boundary shall be deemed to be the front lot line;
For a corner lot, 1 of the boundary lines abutting the street shall be deemed the front lot line, and the
other line shall be deemed to be the flankage lot line. The shorter boundary line abutting the street shall
be deemed the front lot line. If both lines are equal, either line shall be deemed the front lot line; and
For a through lot, the lot line abutting the street providing the primary access to the lot shall be deemed
the front lot line.
Lot Line, Rear means the lot line farthest from the front lot line.
Lot Line, Side means a lot line other than a front or rear lot line.
Low Impact Development Techniques (LID) means design strategies that manage runoff on site and is comprised
of distributed, small scale structural practices that mimic natural or predevelopment hydrology through the
processes of infiltration, evapotranspiration, harvesting, filtration and detention of stormwater.
Main Building means the building where the principal purposes for which the building lot is used is carried out.
Manufactured Home see Dwelling, Manufactured Home.
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Manufactured Home Community means an establishment comprising land or premises under single ownership,
designed, and intended for the use of 3 or more manufactured homes for residential dwelling purposes. This use
does not include campgrounds.
Medical Clinic means a building used for medical, dental, surgical or therapeutical treatment of human patients
that does not include overnight facilities and does not include a professional office of a doctor located in his or her
residence.
Mixed-use Building means a building consisting of both commercial and residential uses.
Mobile Home see Manufactured Home.
Municipal Government Act (MGA) means the Municipal Government Act (MGA). Statutes of Nova Scotia, 1998,
the enabling legislation for municipal planning in Nova Scotia.
Objectional or Obnoxious means a use that, 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 materials.
Office & Professional Services means an establishment primarily used for the provision of professional services.
Typical uses include, but are not limited to, offices of lawyers, accountants, financial advisers, engineers,
architects, and photographers. This use does not include banks & financial institutions, business support services &
printing, health care services, or government offices & facilities.
Off-Site Fill means fill that is imported from outside an area subject to the risk of flooding.
Open Space means an area of land used for parks, playgrounds, ball fields, outdoor skating rinks, tennis courts,
athletic fields, picnic areas and similar uses but excluding enclosed structures.
Outdoor Display means a display of goods which are available for sale to the general public. Such goods include,
but are not limited to, cars, trucks, vans, motorcycles, swimming pools, decorative fountains, prefab cottages,
barbeques, lawn furniture, wood furnaces, and homes.
Outdoor Market means a structure erected on a lot on a seasonal basis for the purpose of selling garden plants,
produce, and other related horticultural items, and shall exclude tractor trailers, construction trailers, travel
trailers, and converted mini-homes.
Outdoor Storage means the storage of inventory, materials or equipment or other items that are not intended for
immediate sale, by locating them in a yard.
Ordinary High Water Mark means the limit or edge of a body of water where the land has been covered by water
so long as to wrest it from vegetation or to mark a distinct character upon the vegetation where it extends into the
water or upon the soil itself.
Park means a parcel of land intended through design and function to provide opportunities for either active or
passive recreational pursuits. This use may include playground equipment, hard-surfaced courts, and landscaped
areas for passive recreational activities, but shall not include major facilities such sport stadiums, arenas, or
swimming pools.
Park, Private means a park other than a public park.
Park, Public means a park owned or controlled by a Public Authority or by any board, commission, or other
authority established under any statute of the Province of Nova Scotia.
Parking Lot means an open area, other than a street, containing parking spaces for 2 or more motor vehicles,
available for public use or as an accommodation for clients, customers, or residents and has access to a street by
means of driveways, aisles, or maneuvering areas where no parking or storage of motor vehicles is permitted.
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Parking Lot, Private means a parking lot located on privately held land and which is intended to be used for long
term parking under lease or similar arrangement.
Parking Space/Stall means an area where the parking is parallel to the aisle exclusive of driveways or aisles for the
temporary parking or storage of motor vehicles, and which has adequate access to permit ingress and egress of a
motor vehicle to and from a street or highway by means of driveways, aisles or maneuvering areas.
Person includes 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 Care Services means an establishment primarily engaged in furnishing services and administering to the
individual and personal needs of the persons. Typical uses include, but are not limited to, barber shops, beauty
parlours, tattoo parlours, hairdressing shops, shoe repair, pet care services, coin operated laundry facilities, linen
and uniform supply facilities, and depots for collecting dry cleaning and laundry. This use excludes any
manufacturing or fabrication of goods for sale.
Place of Worship means a building dedicated to religious worship and may include a sunday school, parish hall,
meeting hall, church hall or auditorium, and day nursery operated by the place of worship. Typical uses include,
but are not limited to, a church, synagogue, monasteries, mosque or temple.
Planning Authority means the Town of Antigonish or any entity authorized by the Town of Antigonish to perform
land use planning on the Town's behalf in accordance with the provisions of the Municipal Government Act.
Premises means an area of land with or without buildings or structures.
Private Club means a building used a meeting place for members of an organization and may include a fraternity, a
labour union hall, a lodge, a service club and a sorority house.
Private Road means any street or road which is not owned and maintained by the Nova Scotia Transportation and
Infrastructure Renewal or the Town of Antigonish but the right-of-way of the road was shown on an approved plan
of subdivision.
Private Storage Building means an enclosed or partially enclosed structure for the storage of material goods in
which no business, occupation or service is conducted for profit.
Public Area means parks, playgrounds, trails, paths and other areas where the public is directly or indirectly invited
to visit or permitted to congregate.
Public Authority means the Town of Antigonish, as well as any Board, Commission, Committee or Institution
established wholly or partially by of the Town of Antigonish which exercises any power or authority under any
general or specific statute of Nova Scotia with respect to any of the affairs or purposes of the Town or a portion
thereof and includes any committee or local authority established by By-law of the municipality.
Recreation Facility, Indoors means a wholly enclosed facility for sports and active recreation where patrons are
predominately participants and any spectators are incidental and attend on a non-recurring basis. Typical uses
include, but are not limited to, gymnasiums, indoor rock climbing facilities, athletic clubs, indoor mini-golf, health
and fitness clubs, recreational courses or training, curling, roller-skating rinks, hockey rinks, swimming pools,
indoor ranges, and racquet clubs.
Recreation Facility, Outdoors means an outdoor facility available to the general public for sports and active
recreation. Typical uses, include but are not limited to, sports fields, outdoor tennis courts, un-enclosed ice
surfaces or rinks, outdoor mini-golf, athletic fields, boating facilities, outdoor swimming pools, bowling greens,
archery ranges, riding stables, and fitness trails.
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Recycling Depot means premises on which recoverable materials such as newspaper, glassware, and metal cans
are separated prior to shipment but does not include any processing of the material or a salvage yard.
Renovations means the repair, strengthening, and restoration of a building to a good and safe condition but shall
not include its replacement.
Repair & Maintenance means an establishment primarily used for servicing, repairing or installing articles and
equipment such as computers, cell phones, household tools, garden tools, carpenter tools, locks and keys, radios,
televisions, furniture, footware, leather goods, garments, watches, jewelry musical instruments, sport or
recreational equipment and small appliances. This use does not include automobile service station, automobile
vehicle repairs & maintenance and home based automobile vehicle repairs & maintenance.
Restaurant, Drive-Through means a building, or part thereof, where food and drink is prepared and sold to the
public where the intent is to provide, either completely or in part, services or products to customers while they
remain in their motor vehicles.
Restaurant, Full & Limited Services means a building or part thereof where food and drink is prepared and sold to
the public for consumption within the building or attached outdoor café or patio. This use may or may not serve
alcoholic beverages as per the provincial liquor licensing regulations.
Restaurant, Take-out means a building, or part thereof where food and drink is prepared and sold to the public for
consumption and which does not provide facilities for consumption on the premises.
Retailers & Rental Services means an establishment primarily used for sale or lease of goods, wares, merchandise,
substances, articles, or things directly to the public. This use does not include the use of automobile service
stations or automobile dealers & rentals.
Right-of-Way Easement, as shown on an approved plan of subdivision pursuant to the Subdivision Bylaw, means
an easement that extends to and abuts a public street, reserved for right-of-way and access.
Rooming House see Dwelling, Lodging Home.
Salvage Yard means an area of land used for the storage, handling or processing of and sale of scrap material, and
without limiting the generality of the foregoing, may include waste paper, rags, bones, used bicycles, vehicles,
tires, metals or other scrap material or salvage, but shall not include a hazardous waste material storage or
disposal site or recycling depot.
Screening means the use of a physical obstruction intended to separate areas or functions which detract from the
appearance of the street scene and/or the view from the surrounding areas. A screen may include retained
vegetation, fences, walls, berms, and/or newly landscaped areas.
Senior Citizen Housing means multiple-unit housing designed for occupation by senior citizens, and constructed
and maintained by a public housing authority.
Service Station Canopy means a permanent roofed structure open on all sides, except where attached to a service
station building, and used to provide shelter for service station fuel pumps.
Setback means the distance between the street line, side lot line, or rear lot line and the nearest main wall of any
building or structure and extending the full width or length of the lot.
Shipping Container means one or more structures designed and intended for transport which have been made
immobile. A shipping container which has been altered or incorporated as construction material in the design of a
building prepared by an architect or engineer is not a shipping container for the purposes of this by-law.
Sign means a structure or natural object including the ground itself, which is used to advertise, or attract attention
to any object, product, place, activity, person, institution, organization, firm, groups, profession, or which displays
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or includes any letter, work, number, banner, flag or pennant, device or representation used as an announcement,
direction, or advertisement, and which is intended to be seen from off of the premises or from a parking lot.
Sign, Area means the area of the smallest triangle, rectangle, circle or semi-circle which can wholly enclose the
face of the sign; and both faces of a double-faced sign are counted separately and then totalled in calculating sign
area and three dimensional signs are treated as dual-faced signs, such that the total area is twice the area of the
smallest triangle, rectangle or circle or semi- circle which can totally circumscribe the sign in the plane of its largest
dimension.
Sign, Billboard means a large ground sign or facial wall sign which is not related to any business on the lot or
premises but does not include electronic message board signs with a total message face of less than 1.4 m2.
Sign, Facial Wall means a sign which is attached to and supported by a wall of a building.
Sign, Ground means a sign supported by one or more uprights, poles or braces placed in or upon the ground.
Sign, Illuminating 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.
Sign, Mobile means any sign fixed to a wheel structure or designed to be moveable without being detached from a
structure or permanent base.
Sign, Projecting Wall means a sign which projects from and is supported by a wall of a building.
Sign, Roof means any sign erected upon, against, or directly above a roof, or on top of, or above the parapet of a
building.
Sign, Sandwich means a two-sided A-frame style self-supporting sign which is not permanently affixed to the
ground and designed to be moveable.
Sign, Temporary means a temporary portable sign or flush mounted banner located on a lot for a specific number
of days within any 12 month period and which are permitted with the issuance of a development permit.
Special Care (Residential Care Facility, Home for Special Care or Group Home) means a community-based group
living arrangement, in a single unit, for 3 or more individuals, exclusive of staff and/or receiving family, with
physical and/or intellectual disabilities, that is developed for the well-being of its residents through self-help,
professional care, guidance and supervision unavailable in the residents' own family, an independent living
situation, or facility. Where a single unit is located in a detached dwelling and consists of 3 or fewer individuals,
excluding staff whether residents or not, the use is a single unit dwelling.
Special Care (Nursing Home) means a building wherein nursing care and room and board are provided to
individuals incapacitated in some manner for medical reasons. This use does not include a hospital.
Sport Arenas & Spectator Facilities means a facility where patrons are predominately spectators such as rink,
arena, automotive race track, horse race track, or sports stadium.
Solar Farms means an installation on an area of land in which a large number of solar panels are set up in order to
generate electricity.
Stepback means a specified horizontal recess from the top of a streetwall, which shall be unobstructed from the
streetwall to the sky except as otherwise specified.
Storey means that portion of a building that is situated between the top of any floor and the top of the floor next
above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it,
provided that any portion of building partly below grade level shall not be deemed to be a storey unless its ceiling
is at least 1.8 m above grade.
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Storey, First means the uppermost storey having its floor level not more than 2 m above established grade.
Strategy means the Municipal Planning Strategy for the Town of Antigonish.
Street means the area between the boundary lines of the publicly owned right-of-way.
Street Facing Facade means all the wall planes of a "V" as seen from one side or view that are at an angle of 45
degrees or less from a street lot line which is not a controlled access highway.
Street Line means the dividing line between a lot and a street.
Streetwall means a string of elements which may include buildings, landscaping, or other objects, which gives the
impression of a continuous wall along the edge of a street.
Structure means anything that is erected, built or constructed of parts joined together or any such erection fixed to
or supported by the soil, a foundation or by any other structure.
Studio means a building or part thereof used as a workroom for the study, execution, or instruction of any fine or
commercial art or craft, including photography, music, visual arts, and commercial design.
Temporary Commercial Use means a commercial use such as a flea market, farmers market, or craft market which
is to be located on a property for a specific number of days within any 12-month period, and which are permitted
with the issuance of a development permit and any permit may be re-issued upon request, subject to review by
the Development Officer.
Transparency means the degree of visibility through a building facade through the use of windows or similar
features.
Transport Structure, Immobile means one or more structures designed and intended for transport which have
been made immobile through the removal of all wheel, axle and suspension components, as well as any and all
components related to refrigeration, if so equipped.
Transportation & Warehousing means either a:
Use of land primarily engaged in using a fleet of vehicles for the delivery of goods or services. Typical uses
include, but are not limited to, taxi services, bus services, and bus lines.
Wholly enclosed building where wares and goods are stored but shall not include a retail store.
Town means the Town of Antigonish.
Ungulate means hoofed animals, including ruminants, swine, horses, or any other split or single hoofed animals.
Urban Cottage means a single detached dwelling within an urban cottage development.
Urban Cottage Development means a development of single detached dwelling units clustered around a common
open space on one single lot.
Utility means any public or private system, works, plant, equipment or service which furnishes services at
approved rates to or for the use of the general public.
Verandah means unenclosed porch where the front and side of the structure remain open to the outside
elements.
Vision Triangle means a triangular area of a corner lot adjacent to the intersection of 2 streets. The area is
determined by measuring from the intersection the distance required for minimum yard setbacks along each
street line and joining such points with a straight line. The triangle shaped area between the intersecting lines and
the straight line shall be known as the 'vision triangle'.
Waste Management, Material Recovery Facility means solid waste reduction, reuse, recovery, or processing
facility of materials such as paper, ferrous and non-ferrous metals (excluding motor vehicles), glass, certain forms
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of plastic, rubber, building materials, oil, food wastes, yard wastes, clothing, and white goods into useable
products.
Waste Management, Medical Waste Disposal Services means a wholly enclosed building receiving biomedical
waste, where said waste is temporarily stored, sorted, bulked, thermally treated and transferred off-site for
further processing, recycling, and disposal. The origin of the waste shall not include waste generated by hospitals.
Waste Management, Recycling Depot means a wholly enclosed building used for the collection, sorting, and
temporary storage of discarded recyclable or reusable materials. Outdoor storage and parking of commercial
vehicles is prohibited except when materials are being loaded for removal.
Watercourse means any river, stream, lake, creek, pond, spring, lagoon, swamp, marsh, wetland, ravine, gulch, or
other natural body of water within the Town.
Window Bays means a window that protrudes from the rest of the building usually polygonal or square.
Work-Live Unit means a dwelling unit and a commercial unit where:
No more than 3 people engaged in any of the following uses: general retailers & rental services, office &
professional services, person care services, the making, processing and assembly of products on a small
scale; and
At least 1 person working in the building resides in the dwelling unit where the commercial use is carried
out.
Veterinary Clinic means a facility for the medical care and treatment of animals and includes provisions for their
overnight accommodation but does not include any outdoor facilities such as kennels, pen runs and enclosures;
Yard means an open, uncovered space on a lot unoccupied by buildings or structures. In determining yard
measurements, the minimum horizontal distance from the respective lot lines shall be used.
Yard, Abutting means a yard that is contiguous with or extends across one or more zone boundaries.
Yard, Flankage means a yard that extends across a lot between the flankage lot line and the nearest main wall of
any building or structure on the lot.
Yard, Front means a yard that extends across the full width of a lot between the front lot line and the nearest main
wall of any building or structure on the lot.
Yard, Minimum means the smallest yard permitted by this Bylaw.
Yard, Rear means a yard that extends across the full width of lot between the rear lot line and the nearest main
wall of any main building on the lot.
Yard, Required means the area between a front, side, rear, or flanking lot line and a line parallel to the respective
lot line set back a distance equal to the applicable yard setback.
Yard, Side means a yard that extends across a lot between the side lot line and the nearest main wall of any
building or structure on the lot.
Zone means a designated area of land covering all or part of a lot shown on the Schedules of this By-law.
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Part 4: General Provisions
The provisions of this Part shall apply to all development permits within the Town of Antigonish:
4.1
Licenses, Permits, and Compliance with Other By-laws
Nothing in this By-law shall exempt any person from complying with the requirements of any Municipal By-law or
regulation or from obtaining any license, permit, authority or approval required by any statute and/or regulation of
the Province of Nova Scotia or Government of Canada. Where the provisions in this By-law conflict with those of
any other statutory requirement, the higher or more stringent regulations shall prevail.
4.2
Buildings to be on a Single Lot
No person shall erect or expand any building unless such building is erected upon a single lot.
4.3
One Main Building on a Lot
No person shall erect more than 1 main building on a lot except where provided in this By-law.
4.4
Multiple Uses
Where any land or building is used for more than one purpose, all provisions of this By-law with respect to each
use shall be satisfied. Where there are conflicting requirements the more stringent standard shall apply.
4.5
Accessory Uses Permitted
Where this By-law provides that any land, building, or structure may be erected or used for a purpose, the purpose
includes any accessory use which is customarily ancillary to said purpose.
4.6
Accessory Structures
a) Unless otherwise specified under this By-law, accessory structures shall be permitted in all zones, but shall
not:
i.
Be required to follow the general requirements for main buildings on the lot pertaining to the
zone;
ii.
Be used for human habitation except where permitted as an Accessory Dwelling Unit according
to the requirements of this Bylaw;
iii.
Be located within the front yard of a lot;
iv.
Be built closer to the front lot line or side yard line than the minimum distance required by this
By-law for the main building on the lot;
v.
Exceed 5 m in height in a Residential Neighbourhood Zone where the main building has a height
less than 5 m; and
vi.
Exceed 6.5 m in height in a Residential Neighbourhood Zone where the main building has a
height greater than 5 m.
b) Unless otherwise specified under this By-law, accessory structures shall:
i.
Be located in the same zone as the main structure or use that it is intended to serve, or an
abutting zone in which the main structure or use is permitted;
ii.
Be located on the same lot as the main structure or use;
iii.
Be under common ownership with the main structure or use that it is intended to serve; and
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iv.
Have a ground floor area which does not exceed 10% of the lot area to a maximum of 93 m2 (all
accessory buildings combined).
c) Shipping containers shall not be permitted as accessory structures in residential neighbourhood zones and
shall be limited to 3 structures per lot in all other zones.
d) Outdoor swimming pools with a depth of more than 0.61m shall be considered an accessory structure and
shall not be located within 2.4 m of any property line and shall be enclosed by a fence with a minimum
height of 1.2 m and a self-locking door.
e) When the main building or structure on a lot is demolished, the accessory structure becomes the main
building on the lot and needs to comply with all requirements of the particular zone.
4.7
Existing Undersized Lots
An existing lot which is not a flag lot or landlocked lot and having less than the minimum frontage and/or lot area
required under this By-law:
a) May be used for a purpose permitted in that particular zone provided all other applicable provisions of
this By-law are satisfied;
b) May undergo a consolidation or subdivision as long as the non-conformity with the By-law is not
increased.
4.8
Existing Flag Lots and Landlocked Lots
Further to Section 4.7 flag lots and landlocked lots may not be used for purposes requiring Site Plan Approval and
may only be used for a purpose permitted in that zone if the lot frontage or the access easement has a minimum
width of 6 m and all other applicable provisions of the By-law are satisfied.
4.9
Nonconforming Uses and Structures
Legal nonconforming uses and structures shall benefit from the following relaxations permitted by the Act:
a) A nonconforming structure may be fully repaired or replaced if it is destroyed or substantially damaged,
provided that there is no increase in the non-conformity of the building;
b) Nonconforming structures may be altered, extended or enlarged up to 25% of its original gross floor area,
provided all other applicable provisions under this By-law are met. Developments in the High Risk
Floodplain (HF) Zone are excluded from this relaxation.
c) A nonconforming use in a structure may be extended throughout the existing structure;
d) A nonconforming use may be recommenced if discontinued for a period of up to 1 year;
4.10
Solar Panels
a) Solar panels attached to a structure shall be permitted in all zones and they shall not be considered as
part of the height calculation for the building in which they are attached;
b) Solar panels not attached to a structure shall be considered an accessory structure.
4.11
Height Regulations
The height regulations of this By-law shall not apply to church spires, elevator enclosures, water tanks, lightning
rods, silos, television or radio antennae, skylights, cupolas, ventilators, mechanical penthouses, clock towers, wind
test towers, solar panels, or chimneys.
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4.12
Conformity with Existing Setbacks
Structures built between existing buildings may be built with a setback equal to the average setback of the
adjacent buildings within 60 m on the same block. However, this depth shall be no greater than maximum setback
requirements prescribed in the zone in which it is situated.
4.13
Building to be Moved
No person shall remove any building or structure within or into the area covered by this By-law without first
obtaining a development permit, with the exception of structures exempt from development permits.
4.14
Temporary Uses Permitted
a) Unless otherwise specified under this By-law, a temporary use of land or the use or erection of a
temporary building or structure which is accessory to construction in progress including, but not limited
to, a work camp or construction camp, sales or rental office, tool or maintenance shed, or scaffold shall be
a permitted use in all zones provided:
i.
A development permit has been issued;
ii.
Temporary structures shall be considered permitted accessory uses until construction has been
completed or discontinued for a period of 60 days;
iii.
Existing manufactured home dwellings already on the lot may be considered a permitted
temporary accessory structure only while a new dwelling is being constructed or for 1 year,
whichever is less; and
iv.
All other applicable provisions under this By-law are met.
b) Unless otherwise specified in this By-law, a temporary use of land or the use or erection of a temporary
building or structure for a special occasion or holiday shall be permitted provided that:
i.
No such use remains in place more than 14 consecutive days.
4.15
Vehicle Bodies
No truck, bus, coach, motor home, shipping container, or structure of any kind other than a manufactured home or
dwelling unit erected and used in accordance with this and all other By-laws of the Town shall be used for human
habitation, whether or not the same is mounted on wheels.
4.16
Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of any building or structure
provided every effort is made to stay within, or as close to, the bounds of this By-law as is reasonable.
4.17
Permitted Encroachments in Yards
Except for accessory structures and accessory dwelling units, every part of any yard required by this By-law shall be
open and unobstructed by any structure from the ground to the sky provided, except for the following structures
which may project into required yards in accordance with the following:
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Table 1
Structure
Permitted Yard
Maximum Permitted Projection into
Yard
Accessibility Features (ramps,
handrails etc.)
Any Yard
Any projection (within the lot)
Decorative Features (sills, belt
courses, cornices, eaves, gutters,
chimneys, pilasters)
Any Yard
0.6 m
Canopies
Any Yard
2.4 m
Window Bays
Front, Rear, and Flankage Yards.
Side Yards of at least 3.0 m.
1.2 m and a maximum width of 3.6 m
Fire Escapes and Exterior Staircases
Rear and Side Yards
1.5 m and a maximum width of 4.0 m
Balconies and Attached Decks
Any yard
2.2 m projection up to a minimum
setback of 0.8 m from the property
line
Verandah (not exceeding 1 storey
in height)
Front and Rear Yards
2.4 m including eaves and cornices
4.18
Public Uses Permitted
The provisions of this By-law shall not apply to the use of any land or to the erection of any building or structure by
a public authority provided that:
a) The public authority follows all rules pertaining to Environmental zones;
b) No goods, materials or equipment shall be stored in the open in a Residential Neighbourhood Zone; and
c) Any building erected or any lot used in a Residential Neighbourhood Zone under the authority of this
paragraph shall be designed and maintained in a manner that is in general harmony with the surrounding
buildings and properties.
4.19
Illumination
No person shall erect any sign or illuminate an area outside any building unless such illumination is directed away
from adjoining properties and has a minimum effect on the transportation network.
4.20
No Structures Adjacent to Watercourses
Notwithstanding any other provisions in this By-law, no structure or accessory structure shall be erected within 4.5
m of the ordinary high water mark of a watercourse.
4.21
No Structures Adjacent to Railway
Notwithstanding any other provisions in this By-law, no dwelling or accessory dwelling shall be erected within 15
meters from the railway right-of-way.
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4.22
Variances
The Development Officer may grant a variance to the following requirements of this By-law:
a) Yard requirements, lot frontage and/or lot area; ground floor area and height; and floor area occupied by
a home-based business;
b) Lot coverage, including permitting pervious hard surfaces;
c) Number of loading spaces, and the height and area of a sign.
4.23
Vision Triangle
a) On a corner lot, where setbacks are required from front and flanking lot lines, no structure or vegetation
shall be erected or permitted to grow to a height greater than 0.6 m above grade of the streets that abut
the lot within the triangular area included within the street lines for a distance of 6 m from their point of
intersection.
4.24
Lodging Homes
The development of new Lodging Homes shall be prohibited in all zones of the Town of Antigonish.
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Part 5: Signs
5.1 General
a) The sign regulations under this Bylaw shall apply to all new and existing signs.
b) Where this By-law is inconsistent with the regulations respecting advertising signs on or near public
highways made or administered by the Province of Nova Scotia, the more restrictive regulations shall
apply.
c) Unless otherwise stated in this By-law, all signs require a development permit. No permit to erect, alter,
relocate, or replace any sign except in conformity with the sign regulations, and only after first obtaining a
development permit or a sign permit unless otherwise permitted in this Bylaw.
d) Signs shall be located on the same lot as the premise to which the sign relates or on an adjoining lot over
which the land use from the main lot, including accessory uses, extends unless otherwise permitted.
e) Sign height is to be measured from established grade to the highest part of the sign or supporting
structure.
f)
No sign shall be permitted where such sign will reduce the number of available parking spaces required
pursuant to this Bylaw unless otherwise noted.
g) Every sign and all parts thereof, including framework, supports, background, anchors and wiring systems
shall be constructed and maintained in compliance with the building, electrical, and fire prevention codes.
5.2 Safety and Maintenance
a) Every sign and all parts thereof, including framework, supports, background, anchors and wiring systems
shall be constructed and maintained in compliance with the building, electrical, and fire prevention
requirements in the Town.
b) All signs and all parts thereof shall be kept in a good state of repair and maintenance.
5.3 Limit on Number of Signs
a) For the purpose of permitting projecting wall signs and ground signs under this Section, where a multiple
tenancy building is occupied by more than one business, each business area shall be considered as a
separate premise.
b) Limits on the number of signs permitted on any premises at any one time are subject to the following:
i.
a double-faced sign shall be considered as a single sign; and
ii.
signs enumerated in Section 5.4 of this Part shall not be counted in calculating the total.
5.4 Signs Permitted in All Zones
Notwithstanding any other provision in this Bylaw, the following signs are permitted in all zones, and do not
require a development permit:
a) Signs identifying the name and address of a resident, and of not more than 0.2 m2 in sign area.
b) "No Trespassing" signs or other such signs regulating the use of a property, and of not more than 0.2 m2 in
sign area.
c) Real estate signs not exceeding 0.5 m2 in sign area in a Residential Neighbourhood Zone and 1.5 m2 in
other zones, which advertise the sale, rental or lease of the premises.
d) Signs regulating or denoting on-premises 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 1.0 m2 in area.
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e) Signs erected by a governmental body, or under the direction of such a body, and bearing no commercial
advertising, such as traffic signs, railroad crossing signs, safety signs, signs identifying public schools,
public election lists.
f)
Memorial signs or tablets and signs denoting the date of erection of a structure.
g) The flag, pennant, or banner of any government, or of any religious, charitable or fraternal organization
where it is erected on the same lot as the use to which it relates.
h) A sign having an area of not more than 4.6 m2 incidental to construction and within the area designated
for such purposes.
5.5 Signs Prohibited in All Zones
Notwithstanding any other provisions in this Bylaw, the following signs shall not be permitted, or erected, in any
Zone:
a) Signs which incorporate in any manner any flashing or moving illumination or which varies in colour and
signs which have any visible moving part with the exception of electronic message boards with sign areas
less than 1.4 m2 located a minimum of 4.5 m from the travelled way.
b) Any sign or sign structure which constitutes a hazard to public safety or health.
c) Signs which by reason of size, location, content, colouring, or manner of illumination obstruct the vision of
drivers, either when leaving a roadway or driveway or obstruct or detract from the visibility or
effectiveness of any traffic sign or control device on public streets and roads.
d) Any sign which obstructs free ingress to or egress from a fire escape door, window or other required exit
way.
e) Signs which make use of words such as "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD", or any similar
words, phrases, symbols, lights or characters in such manner as to interfere with, mislead, or confuse
pedestrian, bicycle, or vehicular traffic by virtue of the sign's proximity to the street.
f)
Any sign, sign support, structure, or base, which no longer advertises a bona fide business conducted, or a
product sold.
g) Signs on public property or public right-of-way, unless specially permitted by the Council and approved by
the provincial authority where applicable.
h) Signs painted on, attached to, or supported by a tree, stone, cliff or other natural object.
i)
Searchlights, pennants, spinners and streamers except for occasions such as public festivals, exhibitions
and similar occasions.
j)
Billboard signs
k) Mobile signs except for a period of not more than 14 days for the purpose of advertising a special
occasion, given that there is only one mobile sign on the lot at any time and it does not exceed 1.9 m2 in
sign area.
l)
Any sign which advertises a use, commercial or otherwise, which is not located on the same lot as the use.
5.6 Signs in Residential Neighbourhood Zones
a) Signs shall be limited to one per lot, and shall advertise only the activity that is legal on the property.
b) No sign shall exceed 0.5 m2 in sign area, or exceed 1.5 m in height in the case of a freestanding sign.
5.7 Roof and Facial Wall Signs
Roof signs which are designed by, and installed under the supervision of, a professional engineer as well as facial
wall signs may be permitted subject to the following requirements:
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a) In the Mixed Use (MU-1, MU-2, MC) Zones, any combination of roof and facial wall signs shall not exceed
10% of the area of the supporting wall oriented in the same direction as the sign;
b) In the Industrial Commercial (C-1) Zone, any combination of roof and facial wall signs shall not exceed 20%
of the area of the supporting wall oriented in the same direction as the sign;
c) In the Community Use (I, UI, and OS) Zones, any combination of roof and facial wall signs shall not exceed
15% of the area of the supporting wall oriented in the same direction as the sign;
d) No facial wall sign shall extend beyond the extremities of the wall upon which it is attached nor shall any
roof sign extend beyond the extremities of the roof to which it is attached;
e) No facial wall sign shall project out more than 0.3 m from the supporting wall.
5.8 Projecting Wall Signs
Projecting wall signs shall be permitted in the Downtown Mixed Use (MU-1), the James Street Mixed Use (MU-2),
and the Industrial Commercial (C-1) Zone subject to the following provisions:
a) The maximum area for the sign shall not exceed 0.95 m2;
b) The sign shall not project more than 1.2 m from the wall upon which it is attached;
c) No sign shall project over a public right-of-way unless the owner provides, and maintains, a minimum of
$2,000,000 liability insurance which indemnifies the Town safe and harmless in the event that a claim
related to the sign should occur;
d) No sign shall project into the vision triangle;
e) The sign shall not project above the eaves, parapet or roof line of a building;
f)
The sign shall be securely attached to the building and shall not be permitted to swing freely on its
support;
g) The sign shall not be located closer than 4 m to another projecting wall sign;
h) The sign shall not be built from glass or plastic; and
i)
No portion of the sign shall be below 3 m above grade nor above 4.5 m above grade.
5.9 Ground Signs
a) Ground signs may be permitted subject to the following requirements:
Table 2
Zone in which sign is permitted
Maximum sign area on any side
Maximum Height
MU-1, MC, MU-2
4 m2
6 m
C-1
7 m2
10 m
OS (excepting arenas)
4 m2
6 m
OS (arenas)
9.5 m2
6 m
b) No ground sign shall extend beyond a property line or project over into any public right-of-way, adjoining
property, vision triangles, or any driveway or parking area.
c) No sign shall be set back less than 1.5 m from a street line where the right-of-way of the street is 15 m or
less; a setback is not required for streets with a right-of-way greater than 15 m.
d) Not more than one ground sign shall be permitted on any one lot except in the following situations:
i.
where a lot fronts on two streets the maximum number of ground signs shall be 2.
ii.
where a lot has a frontage in excess of 60 m, 2 ground signs shall be permitted so long as they
are located at least 30 m apart.
e) Ground signs in any Mixed Use (MU-1, MU-2, MC) Zone shall not be internally illuminated.
33
f)
Where signs are to be externally illuminated, care shall be taken so as not to create light pollution either
disturbing adjacent properties or vehicular traffic on any adjacent public right-of-way.
5.10 Electronic Signage
Within the Downtown Mixed Use (MU-1) and the James Street Mixed Use (MU-2) Zones, the following shall apply
with respect to Electronic Signage:
a) The area of electronic signage, whether comprising the entire sign, or part of a larger sign as may be
permitted in the zone, shall be deemed to be the electronic panel only;
b) The electronic signage panel shall be limited to 0.25 m2 in area;
c) There shall be no more than one electronic sign per retailer;
d) The minimum interval between abrupt changing of messages shall be 30 seconds;
e) Notwithstanding clause (b) herein, the following applies with respect to gas retailers:
i.
Gas retailers may display gas prices on signs of up to 0.35 m2;
ii.
Separate signs may be used for each grade of gas; and
iii.
The sum of all such signs may not exceed permitted maximums for the zone.
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Part 6: Parking space supply
6.1 Motor Vehicle Parking Supply Requirements
a) No Development Permit shall be issued unless the development is in compliance with the parking
requirements of this Part.
b) Mixed Use Zones and the High Risk Floodplain Zone are exempt from requirements regarding the supply
of minimum parking space amounts for motorized vehicles.
c) For the purpose of calculating parking supply, no space shall be deemed to contribute to parking supply
where it can be blocked by another parked car;
d) For any building to be erected or enlarged in a Residential Neighbourhood Zone, off-street parking shall
be provided in conformity with the following requirements:
Table 3
USE
Parking requirement
Dwelling Unit (any type)
1 parking space per unit
plus 0.25 spaces for each bedroom over one in the unit
plus 0.25 visitor parking spaces per unit
Accommodations, Bed and Breakfast
1 space plus 1 parking space per bedroom used for rental
purposes.
Work-Live Unit
1 space in addition to residential dwelling requirements
Special Care (Residential Care Facility, Home for
Special Care or Group Home)
1 parking space plus ½ space for each client bedroom
Schools
1.5 parking space per classroom
Any use not specified above
1 parking space per 50m2 of gross floor area.
e) For any building to be erected or enlarged in Commercial or Community Use Zones, off street parking shall
be provided in conformity with the following requirements:
Table 4
USE
PARKING REQUIREMENT
Retail Stores
1 space for each 30m2 of gross floor area
Auditoriums, theatres, arenas,
halls, stadiums and similar
sporting, educational and
recreational venues
Where there are fixed seats, 1 parking space for every 5 seats, or 3.05 m of
bench space.
Where there are no fixed seats, 1 parking space for each 9.3 m2 of floor area
devoted to public use.
Religious Institutions
Where there are fixed seats, 1 parking space for every 10 seats, or 6.1 m of
bench space.
Where there are no fixed seats, 1 parking space for each 30m2 of gross floor
35
USE
PARKING REQUIREMENT
area
Drinking Establishment
1 space for each 30m2 of gross floor area
Hotel
1 space per suite or rental unit plus requirements for restaurants or other
facilities contained on-premise
Bowling Alleys and Curling Rinks
1 parking space for each 2 persons in the designed capacity of the
establishment (design capacity shall mean 6 persons per bowling lane and 8
persons per curling sheet). In other part of the building additional parking
spaces shall be provided in accordance with the requirements set out in this
Bylaw for the use to which the other parts of the building may be used.
Office; Financial Institution
1 space for each 30m2 of gross floor area
Restaurant
1 space for each 30m2 of gross floor area
Community recreation
1 space for every 30m2 of gross floor area
Any use not specified above
1 space for each 50m2 of gross floor area
6.2 Location of parking
a) No more than 30% of the front yard surface area may be used for parking in residential zones except in
Townhouse, Urban Cottage and Carriage Court Developments.
b) No parking shall be located within the front yard in any Mixed-Use Zone and no parking area shall be
placed within 0.4 m of any lot line.
6.3 Parking Area Standards for more than 6 Spaces
Where parking facilities for more than 6 vehicles are required or permitted, excepting parking areas operated by
the Town, the following applies:
a) The parking area shall be maintained with a stable surface sufficient to support a vehicle without undue
deformation or damage of the surface, such as rutting, and does not allow the raising of dust or loose
particles.
b) Acceptable stable parking surfaces include, but are not limited to:
i.
Asphalt or concrete paving (pervious or impervious);
ii.
Brick or stone pavers
iii.
Compacted granular surfaces; and
iv.
Structural landscape systems such as driveable grass or grass grids.
c) Each parking space shall be clearly demarcated and maintained as such.
d) The edges of parking areas shall be clearly delineated from landscaped and pedestrian areas.
e) Individual parking stalls shall be a minimum dimension of 2.5 m by 5 m exclusive of driveways or aisles.
f)
Accessible parking stalls shall follow the dimensions prescribed by the Nova Scotia Building Code Act and
its subordinate regulations.
g) The parking area and walkways thereto shall be properly illuminated for safe and effective circulation of
automobile, pedestrian, and bicycle traffic at night.
h) Any lights used for illumination of the parking lot shall be so arranged as to divert the light away from
adjacent transportation network and residential buildings.
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i)
The parking area shall be situated on the same lot as the use it is intended to serve, unless parking rights
on another lot are agreed in writing and are registered against the property record of that other lot.
j)
No gasoline pumps or other service station equipment shall be located or maintained on the parking lot,
with the exception of electric vehicle charging stations.
k) The approaches or driveways to a parking area shall not be closer than 12 m from the limits of the right-
of-way at a street intersection.
l)
Adequate drainage facilities shall be provided to prevent flooding of adjacent properties.
m) The width of a driveway leading to a parking or loading area shall be a minimum width of 3 m for one-way
traffic, and a minimum width of 4 m for two-way traffic; and the maximum width of a driveway shall be
7.5 m.
n) The minimum distance between driveways shall be 7 m with no more than 2 driveways per street
frontage.
o) All parking lots shall be separated from each street line by a 1 m wide landscaped strip, exclusive of
driveway accesses.
6.4 Electric Vehicle Charging Stations
a) Electric vehicle charging stations are permitted in all parking areas.
b) Where at least 20 parking spaces are provided in association with any multi-unit dwelling, office, hotel, or
mixed-use building, wiring conduits allowing the future installation of electric vehicle charging
infrastructure shall be provided for every tenth parking space.
c) Where 100 or more parking spaces are provided on a lot, at least 2 electric vehicle charging stations must
be provided.
6.5 Bicycle Parking Supply Requirements
a) For every structure or addition to be erected within Residential Higher Order Neighbourhood (RN-2),
Mixed-Use (MU-1, MU-2, MC) and General Commercial Zones (GC), on-site bicycle parking shall be
provided in accordance with Table 5:
Table 5
Land Use
Minimum Bicycle Parking Requirement
Multiple-unit dwellings without private garages;
townhouses without private garages; carriage court
developments
7 to 12 units: 6 spaces
Per additional unit over 12 units: 0.5 spaces per
unit
Any other use
2 spaces per 1,500 m2 of gross floor area (portions
thereof are rounded down)
b) If required bicycle parking is not visible from the street, wayfinding signage must be posted, in a location
visible from the building's front entrance, to indicate where the bicycle parking is located.
c) All required or provided bicycle parking must be designed to be tamper-resistant. All bicycle parking must
be firmly secured to the ground, floor, or wall with security nuts, or embedded in concrete.
d) All required or provided bicycle parking must be located on a hard surface and in a well-lit area.
e) A minimum of 1.8 m in length must be provided for each bicycle parking space, plus adequate
maneuvering space so that each bicycle can get in and out.
f)
Racks that park one bicycle, roughly centred on each side of the rack, must comply with the following
regulations:
37
i.
A minimum clearance of 0.6 m from walls, parking space, and other obstructions;
ii.
A minimum spacing of 0.9 m from between racks on the same aisles;
iii.
A minimum spacing of 1.2 m between racks on different aisles.
g) Permitted bicycle parking types are:
i.
Inverted U (at least 0.9 m high);
ii.
Post-and-ring;
iii.
Vertical (wall-mounted);
iv.
Two-tier (with lift-assist); and
v.
Similar systems.
6.6 Residential Neighbourhood Zone Parking Requirements
In addition to all other applicable requirements in Part 7 of this Bylaw, within residential zones, the following
shall apply:
a) Driveways intended for residential buildings, which are not governed under development agreement or
site plan control, shall follow a standard format as follows:
i.
A single driveway entrance from the public right-of-way shall be permitted per lot frontage;
ii.
The driveway shall be no wider than 6.5 m and shall run perpendicular to the street;
iii.
The driveway shall be located to one side of the lot;
iv.
A landscaped strip of a minimum of 0.4 m shall run between the driveway and the adjacent lot
line.
b) Within the front yard of a lot, parking spaces are only permitted within the confines of the driveway and
must be arranged in such a way that vehicles are parked perpendicularly to the street.
c) No vehicle may be parked on land that is not part of a driveway or dedicated parking area.
6.7 Parking and Loading Requirements for Change of Use
Notwithstanding anything else in this Part, where an existing building on an existing lot is to be used for a new use
and the new use is unable to comply with the additional parking and loading requirements, the additional parking
and/or loading requirements shall be waived.
38
Part 7: Residential Neighbourhood Zones
Residential Neighbourhood Zones
7.1
Residential Neighbourhood (RN-1)
Higher Order Residential Neighbourhood (RN-2)
Manufactured Home Residential (MH)
Residential Neighbourhood Zones Permitted Uses
7.2
a) Table 6 summarizes the uses permitted in all Residential Neighbourhood Zones. For conditions associated
with the uses, see the specific section referencing that zone.
b) If a use is not listed in Table 6 as being permitted in a zone, the use is prohibited in that zone.
c) No development permit shall be issued for a use permitted in Table 6 unless the use complies with all
provisions of this Bylaw, including any additional restrictions or prohibitions.
Table 6
Residential Neighbourhood
Zones
RN-1
RN-2
MH
Accessory Dwelling Unit
SP
SP
-
Accommodations, Bed &
Breakfast
P
P
-
Carriage Court Development
DA
SP
-
Urban Cottage Development
DA
SP
-
Dwelling, Single-Unit
P
P
-
Dwelling, Two-Unit
P
P
-
Dwelling, Triplex or Fourplex
SP
P
-
Dwelling, Lodging Home
-
-
-
Dwelling, Multi-Unit (Up to 6
Units)
DA
SP
-
Dwelling, Multi-Unit (over 6
Units)
-
DA
-
Dwelling, Townhouse
DA
SP
-
Dwelling, Townhouse, Stacked
-
DA
-
Existing Campgrounds
-
P
-
Home for Special Care
P
P
-
39
Residential Neighbourhood
Zones
RN-1
RN-2
MH
Home-Based Business
P
P
-
Work - Live Unit
SP
SP
-
Convenience Stores
-
DA
-
Office & Professional Services
-
DA
-
Religious Institutions
SP
SP
-
Schools
SP
SP
-
Recreational Uses, Parks,
Playgrounds (permitted under
provisions of OS Zone)
P
P
P
Dwelling, Manufactured Home
-
-
P
Manufactured Home
Community / Expansion of
Manufactured Home
Community
-
-
DA
P - permitted as-of-right through development permit
SP - permitted by Site Plan Approval
DA - Permitted to apply to Council for a development agreement; other restrictions may apply
General Provisions for Residential Neighbourhood Zones
7.3
The provisions of this Part shall apply to all development permits within Residential Neighbourhood Zones:
7.3.1
Architectural Requirements in the Old Town
Buildings that simultaneously fall into a Residential Neighbourhood Zone and in the extent of the 'Old Town"
overlay zone shall comply with the following architectural requirements:
a) Minimum roof pitch - 8/12
b) Windows shall be oriented vertically with a minimum height to width ratio of 1.6
c) Minimum 9 cm mouldings around windows and doors
d) Buildings shall be a minimum of a storey and 1/2 in height
e) New buildings shall not differ in height by more than one storey from adjacent buildings.
7.3.2
Home-Based Businesses
a) Only the following commercial uses are permitted in a home occupation accessory to a dwelling unit by
the dwelling's occupant(s):
i.
Studios;
ii.
Daycares;
iii.
Offices;
iv.
Medical clinics;
v.
Personal services;
40
b) 50 m2 of total floor area, up to a maximum of 10% of the total floor area may be used for home-
occupation purposes;
c) The business shall be located wholly within a main building on the lot;
d) The operators of a business within a home occupation unit shall reside in the unit;
e) No employees may be hired for a home-based business;
f)
The external appearance of the dwelling shall not be changed by the commercial use except for signage
that is permitted according to Section 5 of this By-law;
g) No open storage or outdoor display associated with the business shall be permitted;
h) No home-based business shall emit noise, smoke, odour, dust, toxic fumes, or light that would be a
nuisance or is uncustomary in a residential neighbourhood.
i)
No home-based business shall engage in on-site retail of goods or products as part of its business model,
unless the product is essential for rendering a medical or personal service.
j)
In the case of a daycare, no more than 10 children may attend the daycare.
7.3.3
Site Plan Approval Requirements for Work-Live Units
A site plan approval application may be considered for Work-Live Units in the RN-1 Zone provided that the
following conditions and the conditions in Table 7 are met.
Table 7
Work-Live Units
Minimum Lot Area
500 m2
Maximum Ground Floor Area
225 m2
Maximum Number of Dwelling Units
1
Maximum Hard Surface Coverage
50% (notwithstanding general zone requirements)
a) Only the following commercial uses are permitted in a work-live unit:
i.
Studios;
ii.
Daycares;
iii.
Offices;
iv.
Medical clinics;
v.
Personal services; and
b) A maximum of 50% of the total floor area or 100 m2 of a work-live unit may be used for commercial
purposes;
c) The commercial portion of a work-live unit shall be located and accessible at the ground floor;
d) No open storage or outdoor display associated with the business shall be permitted;
e) No work-live unit shall emit noise, smoke, odour, dust, toxic fumes, or light that would be a nuisance or is
uncustomary in a residential neighbourhood.
f)
No Work-Live Unit shall engage in on-site retail of goods or products as part of its business model, unless
the product is essential for rendering a medical or personal service.
g) In the case of a daycare, no more than 10 children may attend the daycare.
41
7.3.4
Accessory Dwelling Units
a) One accessory dwelling unit (one Secondary, Garden or Garage Suite) shall be permitted as an accessory
use to a Single Unit, Semi-detached Dwelling or Work-Live Unit in an RN-1 or RN-2 zone subject to the
following requirements:
i.
On lots that exceed the minimum lot frontage of the zone by a factor of 1.8 or more, accessory
dwelling units shall have a water and sewer laterals independent of the main building.
ii.
Accessory dwelling units are not subject to the requirements of accessory buildings.
iii.
Where permitted in this Bylaw, accessory dwelling units must comply with the requirements
shown in Table 8.
Table 8
Secondary Suite
Garage Suite
Garden Suite
Maximum number of
bedrooms
2
2
2
Minimum Lot Area
As per zone
requirements
600 m2
600 m2
Yard Setbacks
As per zone requirements
Additionally, garage suites and garden suites must not be built closer to the front
lot line than the main dwelling.
Maximum accessory
dwelling unit floor area
including a habitable
basement
80% of the gross floor
area of the main
dwelling up to 80 m2
80% of the gross floor
area of the main
dwelling up to 95 m2
80% of the gross floor
area of the main
dwelling up to 95 m2
Maximum Building
Height
As per zone
requirements
Equal to the height of
the main dwelling up to
9 m
Equal to the height of
the main dwelling up to
6.5 m
Minimum Setback from
other Buildings
2 m from non-habitable structures on the same lot
3 m from all other structures
Design Requirements
Accessory Dwelling Unit
Exterior
Must match the main dwelling in building material type, cladding colour, roof
type, and roof pitch.
Accessory Dwelling Unit
Entrance, Main
Windows, and Entry
Must be designed to
integrate into the main
dwelling.
Must be oriented towards the main dwelling,
flankage yard, or front yard.
7.3.5
Bed & Breakfast Establishments
Bed & Breakfast Accommodation Uses in a Residential Neighbourhood Zone shall meet the following
requirements:
a) There shall be an owner or manager who is a resident on the property;
42
b) No more than 4 rental rooms shall be permitted;
c) No more than 1 dormitory room with an occupant load of 3 or 4 persons shall be permitted.
7.3.6
Parking of Commercial Vehicles
a) Not more than 1 commercial vehicle shall be kept on a developed lot in any Residential Neighbourhood
zone, such commercial vehicle shall not exceed a gross vehicle weight of 5,440 kg, and such vehicle shall
or owned or operated by the registered owner of the lot and shall be parked on such lot;
b) No commercial motor vehicle shall be kept or parked on any vacant lot in any Residential Neighbourhood
Zone.
7.3.7
Farm Animals
No lot in any Residential Neighbourhood Zone or designation shall be used for the rearing or farm animals, except
for a maximum of 4 laying hens contained within the lot.
7.3.8
Additions and Alterations to Existing Buildings
Additions made to existing buildings shall use consistent roof styles, windows, and cladding materials as the
existing structure.
7.3.9
Chain-link Fences Prohibited
Chain-link fences shall not be permitted in front yards or flankage yards of any Residential Neighbourhood Zone.
7.3.10 Exterior Solid-Fuel Burning Prohibited
Wood Doctors or other exterior solid-fuel burning appliances shall not be permitted in any Residential
Neighbourhood Zone.
7.3.11 Group Home Day Programs
Where Group Homes are permitted in Residential Neighbourhood Zones, Day Programs, where attendees learn
basic academic and life skills, shall be permitted as an accessory use to Group Homes subject to the following
conditions:
a) There shall be a maximum of 8 attendees, not including staff;
b) Hours of operation shall be limited to regular office hours;
c) Where there is to be an addition to a house for the purpose of establishing a Day Program, it shall be no
more than 50 m2 and shall feature side yards of no less than 4 m and rear yards of no less than 8 m.
43
Residential Neighbourhood (RN-1) Zone
7.4
A permitted use in the Residential Neighbourhood (RN-1) Zone shall meet the following requirements:
7.4.1
General Zone Requirements
Table 9
General Requirements
Semi-Detached Dwellings
and Townhouses
Triplex and
Fourplexes
Minimum Lot Area
460 m2
275 m2 per dwelling
500 m2
Minimum Lot
Frontage
12 m
9 m per dwelling
12 m
Minimum Front
Yard
4 m
4 m
4 m
Minimum Rear
Yard
8 m
8 m
8 m
Minimum Side
Yard
1.8 m
Common wall: 0 m
1.8 m
Detached wall: 1.8 m
Maximum Hard
Surface Coverage
on Lot
40%
50%
Minimum
Flankage Yard
4 m
Maximum Building
Height
11 m
7.4.2
Site Plan Approval Requirements for Triplexes and Fourplexes
Triplexes and Fourplexes (3 or 4 dwelling units in one building) shall be permitted by Site Plan Approval subject to
the following:
a) Triplexes and Fourplexes must be designed to fit or complement the character of adjacent dwellings, and:
i.
Street Wall: the building shall be set at street line, and each street-facing façade shall have
articulation. This may be achieved through porches, bay windows, recessed entrances, changes
in materials, or other architectural details as determined by the Development Officer;
ii.
Lighting: lighting shall be artfully used to illuminate building architecture, and pedestrian linkages
shall be appropriately lit;
7.4.3
Developments in proximity to watercourses and railways
Developments in proximity to watercourses and railways shall follow sections 4.20 and 4.21 of this by-law.
44
Higher-Order Residential Neighbourhood (RN-2) Zone
7.5
A permitted use in the Higher-Order Residential Neighbourhood (RN-2) Zone shall meet the following
requirements:
7.5.1
General Zone Requirements
Table 10
Up to four dwelling
units
Five or six dwelling
units
Semi-Detached
Dwellings and
Townhouses
Minimum Lot Area
500 m2
600 m2
275 m2 per dwelling
Minimum Lot Frontage
15 m
30 m
9 m per dwelling
Minimum Front Yard
3 m
3 m
4 m
Minimum Rear Yard
6 m
6 m
8 m
Minimum Side yard
1.8 m
5 m
Common wall: 0 m
Detached wall: 1.8 m
Maximum Number of Dwelling
Units
4
6
6
Minimum Flankage Yard
3 m
Maximum Building Height
12 m
Maximum Hard Surface
Coverage on Lot
50%
7.5.2
Number of Buildings on a Lot
Notwithstanding any other provision in this By-law, up to 3 buildings may be permitted on a lot in the Higher Order
Residential (RN-2) Zone, except for Carriage Court and Urban Cottage Developments, in which case this provision
may be exceeded.
7.4.4
Developments in proximity to watercourses and railways
Developments in proximity to watercourses and railways shall follow sections 4.20 and 4.21 of this by-law.
7.5.3
Multi-Unit Dwelling Design Requirements
a) Multi-Unit Dwellings must be designed to fit or complement the character of adjacent dwellings, and:
i.
Street Wall: the building shall be set at street line, and each street-facing façade shall have
articulation. This may be achieved through porches, bay windows, recessed entrances, changes
in materials, or other architectural details as determined by the Development Officer.
ii.
Lighting: lighting shall be artfully used to illuminate building architecture;
iii.
Landscaping: Landscaping shall be appropriate to minimize negative impacts to neighbouring
lots.
45
b) Amenity areas shall be provided for multi-unit residential buildings in accordance with Table 11.
Table 11
Minimum Amenity Area Requirements
Between 5 and 8 Units
10m2 per unit
9 or more Units
10 m2 per unit, with at least 50 m2 of common outdoor amenity area
20 or more Units
10 m2 per unit, with at least 100 m2 of common outdoor amenity area
c) Common outdoor amenity areas shall not:
i.
Be divided into more than two pieces, and each area shall have a minimum width of 1.5 m.
ii.
Be located in the front yard.
d) Amenity areas near steep slopes, parking areas, and other hazards will be designed, landscaped, or fenced
to mitigate the risk of injury and maintain pleasant use.
e) Outdoor amenity areas will be sufficient in size and shape to serve as a useable outdoor living space,
having a minimum area of 3 m2. Useable outdoor living space shall have a seating area and may include
but is not limited to:
iii.
Communal gardens;
iv.
Outdoor cooking facilities;
v.
Playgrounds;
vi.
Leisure facilities such as swimming pools, tennis courts or lawn bowls.
f)
Amenity areas shall be located on the same lot as the use for which it is provided.
g) Required outdoor communal amenity areas shall be permitted to encroach into a required side or rear
yard, but not within 1.5 m or any exterior lot line.
h) Amenity area requirements for Multi-Unit Dwellings may be reduced or waived at the discretion of the
Development Officer if a project is within an accessible 400 m route to a public open space.
7.5.5
Urban Cottage Development through Site Plan Approval
Urban Cottages shall be permitted by Site Plan Approval provided the following requirements and all other
requirements of this Bylaw are met:
a) Notwithstanding the General Lot requirements of the zone, the following requirements are satisfied:
Table 12
Minimum Lot Area
1,080 m2
Minimum Lot Frontage
18 m
Minimum Side Yard
3 m
Maximum Number of Dwelling Units
1 unit per 270 m2 of lot area, to a maximum of 14 units per lot
46
Minimum number of Dwelling Units
4
Minimum Unit Size
60 m2
Maximum Hard Surface Coverage on
Lot
50%
7.5.6
Urban Cottage Development Site Design Requirements
a) Urban cottage developments shall consist of single detached dwelling units under 100 m2 of interior
ground floor area each (excluding porches) with cottages (units) having a pitched roof, and porch.
b) Each cottage has a maximum height of 8 m, is a detached unit, with second stories where provided built
into the pitch of the roof.
c) For every 15 m of lot frontage, one cottage shall be placed within 5 m from the front lot line to maintain
the streetscape of the street; no parking is permitted within this front yard.
d) Cottage units are arranged around one or more central common outdoor areas, accessible by walking
paths and provided at a rate of at least 25m2 per unit.
e) At least two sides of the common outdoor amenity area shall have cottages fronting along its perimeter.
f)
Each cottage unit shall be located within 35 m of a common amenity space.
g) A system of interior walkways shall connect each cottage to each other, to common areas, to the parking
area, and to the sidewalks abutting any public streets bordering the cottage housing development.
h) No part of any building in the development can be more than 45 m from fire department vehicle access,
as measured by a clear path along the ground.
i)
All dwellings in the cottage housing development shall be at least 3 m apart.
7.5.7
Urban Cottage Development Architectural Requirements
a) Units will be designed to have cottage-like appearance:
i.
Each urban cottage must have a different appearance than abutting units
ii.
Urban cottage units must not exceed a 1:4 width to length ratio.
iii.
Urban cottage units shall have a maximum roof pitch between 8:12 to 16:12.
iv.
Urban cottage units shall have covered front porches at least 6 m2 in area oriented toward a
common open space.
b) Each unit abutting a public street shall have a façade, secondary entrance, porch, bay window, or other
architectural enhancement oriented to the public street.
7.5.8
Existing Single Unit Dwellings Permitted in Urban Cottage Development
An existing detached single unit dwelling that is incorporated into a cottage housing development as a residence
shall be permitted to remain on a site used for a cottage housing development. It shall count as one cottage unit
unless the existing dwelling exceeds a ground floor area of 120 m2 then it shall count as two urban cottage units.
7.5.9
Urban Cottage Development Garage & Parking Design Requirements
a) Garages are not permitted to be attached to an urban cottage.
b) Parking stalls shall be clustered in parking lot(s) or no more than 5 contiguous stalls and hidden from the
street.
c) If garages are provided, they must have a design similar to, or compatible with urban cottages.
47
7.5.10 Urban Cottage Development Community Amenity Buildings Permitted
a) Community amenity buildings are permitted in urban cottage housing developments to serve the needs of
residents and their guests.
b) Community amenity buildings shall be clearly incidental in use and size to dwelling units.
c) Community amenity buildings shall be no more than 6 m in height.
7.5.11 No Subdivision within an Urban Cottage Development
For the purposes of the subdivision by-law, urban cottage developments may not be subdivided as they are
deemed not to meet the frontage requirement contained therein.
7.5.12 Carriage Court Development through Site Plan Approval
Carriage Court Developments shall be permitted by Site Plan Approval provided the following requirements and all
other requirements of this Bylaw are met:
a) Notwithstanding the General Lot requirements of the zone, the requirements in Table 13 are satisfied:
Table 13
Minimum Lot Area
1,500 m2
Minimum Lot Frontage
30 m
Minimum Side Yard
3 m
Maximum Number of Dwelling Units
1 unit per 220 m2 of lot area, to a maximum of 12
units per lot
Minimum number of Dwelling Units
6
Minimum Unit Size
110 m2
Maximum Hard Surface Coverage on Lot
50%
Maximum Building Height
11 m
7.5.14 Carriage Court Development Site Design Requirements
a) Each carriage court row house (further referred to as row house) shall have a private garage or driveway
facing the carriage court. Parking shall not be permitted in any other location.
b) Each row house shall have a private front yard of at least 2 m.
c) A system of interior and exterior walkways shall connect each row house unit to the sidewalks abutting
any public streets bordering the row house development.
d) Each row house unit shall have a walkway directly connected to a sidewalk or walkway on the site.
e) No part of any building in the development can be more than 45 m from fire department vehicle access,
as measured by a clear path along the ground.
f)
The carriage court driveway shall be at least 6 m wide, not including walkways and front lawns.
7.5.15 Carriage Court Development Architectural Requirements
Units will be designed to be complementary to the neighbourhood in which it is located, and:
48
a) Street Wall: street-facing façades of row houses shall have articulation. This may be achieved through
porches, bay windows, recessed entrances, changes in materials, or other architectural details;
b) Lighting: lighting shall be artfully used to illuminate building architecture;
c) Landscaping: Parking areas shall meet the requirements of Part 6 and pedestrian walkways shall be
pleasant and appropriately lit.
7.5.16 No Subdivision within a Carriage Court Development
For the purposes of the subdivision by-law, carriage court developments may not be subdivided as they are
deemed not to meet the frontage requirement contained therein.
7.5.17 Townhouse Development through Site Plan Approval
A site plan approval application for the development of townhouses may be considered provided the following
requirements and all other requirements of this Bylaw are met:
a) The following requirements are satisfied:
Table 14
Townhouse
Minimum Lot Area
500 m2
Minimum Lot Frontage
6 m per unit
Minimum Lot Area per Dwelling Unit
150 m2
Minimum Side Yard
Detached: 3 m
Common wall: 0 m
Minimum Flankage Yard
5 m
Maximum Number of Dwellings Units in one building
6
Maximum Hard Surface Coverage on Lot
50%
Maximum Building Height
11 m
7.5.18 Townhouse Development Site Design Requirements
a) Townhouse Units shall meet the following requirements:
i.
No more than one dwelling unit per Townhouse per lot is permitted.
ii.
Each ground-level townhouse unit shall have a walkway directly connected to a sidewalk.
iii.
Driveways and front yards abutting units shall be twinned in order to provide larger front yard
areas suitable for planting.
iv.
Attached garages shall be an integral part of the building. If provided, an attached garage must
not be wider than half of the townhouse units width and must not project more than 1 m from
the front elevation of the building.
b) Townhouse buildings must incorporate at least one of the following features on each of the front
elevations:
49
i.
A change in depth of at least 0.9 m projecting or setback from the adjacent façade, at least 3.5 m
in width, along the wall. No wall shall be without a change of plane.
ii.
At least one architectural projection per unit that shall project at least 0.6 m from the façade,
such as covered porches, bay windows, and other such features. Such projections should be
significant architectural features, spanning the full height of a one storey building, and a
minimum of one half of the height of a two storey or taller building.
7.5.19 Stacked Townhouses by Development Agreement
Stacked Townhouses by development agreement shall comply with the following:
Table 15
Stacked Townhouse
Minimum Lot Area
800 m2
Minimum Lot Frontage
7 m per ground floor unit
Minimum Lot Area per Dwelling Unit
180 m2
Minimum Side Yard
Detached: 3 m
Common wall: 0 m
Minimum Flankage Yard
5 m
Maximum Number of Dwellings Units in one building
12
Maximum Hard Surface Coverage on Lot
50%
Maximum Building Height
11 m
50
Manufactured Home Residential (MH)
7.6
No development permit shall be issued in the Manufactured Home Residential (MH) Zone except in conformity
with the following requirements:
i.
Expansions (additional Manufactured Home Dwelling Units) to or a complete redevelopment of
an existing manufactured home community shall be considered only through development
agreement and subject to provisions in Table 16:
7.6.1
General Zone Requirements
Table 16
Minimum Lot Area
6,000 m2
Minimum Lot Frontage
50 m
Minimum distance from Abutting Uses / Zones
6 m
7.6.2
Recreation / Amenity Space
Recreation and/or amenity space for the use of residents shall be provided at an amount equal to 5% of the lot
area.
7.6.3
Parking and Landscaping Requirements
a) Opaque fencing or evergreen vegetation of a minimum height of 1.8 m shall be provided:
i.
Along any lot line that abuts a street, exclusive of driveway accesses; and
ii.
Along any side yard, rear yard, or flanking yard lot line where the Manufactured Home
Community abuts a Residential, Mixed-Use, Institutional, or Open Space Zone.
7.6.4
Developments in proximity to watercourses and railways
Developments in proximity to watercourses and railways shall follow sections 4.20 and 4.21 of this by-law.
51
Part 8: Mixed Use Zones
8.1 Mixed Use Zones
Downtown Mixed Use (MU-1)
James Street Mixed User (MU-2)
Mixed Use Centre (MC)
Comprehensive Development District (CDD)
8.2 Mixed Use Zones Permitted Uses
a) Table 17 summarizes the uses permitted in all Mixed Use Zones. For conditions associated with the uses,
see the specific section referencing that zone.
b) If a use is not listed in Table 17 as being permitted in a zone, the use is prohibited in that zone.
c) No development permit shall be issued for a use permitted in Table 17 unless the use complies with all
provisions of this Bylaw, including any additional restrictions or prohibitions.
Table 17
Mixed Use Zones
MU-1
MU-2
MC
CDD
Accommodations, Bed & Breakfast
P
P
P
Commercial
and
Residential
Uses
permitted
through
development
agreement
only.
Accommodations, General
SP
SP
DA
Animal Hospital & Veterinary Offices
P
P
P
Art Galleries, Artisan Workshops
(including sales areas)
P
P
P
Bank & Financial Institution
P
P
P
Brewery, Distillery & Winery
SP
SP
SP
Business Support Services & Printing
P
P
P
Cinema
SP
SP
-
Community Centres and Libraries
P
P
P
Daycare, General
SP
SP
P
Drinking Establishment
P
P
-
Dwelling, Multi-Unit
SP
SP
SP
Dwelling, Single-Unit
-
-
P
Dwelling, Townhouse
-
-
SP
Dwelling, Two-Unit
-
-
P
Carriage Court Development
-
-
DA
52
Mixed Use Zones
MU-1
MU-2
MC
CDD
Urban Cottage Development
-
-
DA
Educational Services
SP
SP
SP
Farm Market
SP
SP
SP
Fitness Centre
P
P
P
Funeral Services
SP
SP
SP
Gambling Industries
DA
DA
DA
Government Offices & Facilities
SP
SP
SP
Health Care Services
P
P
SP
Group Homes
SP
SP
SP
Home-Based Business
P
P
P
Work-Live Unit
SP
SP
P
Museums
P
P
P
Offices & Professional Services
P
P
P
Personal Care Services
P
P
P
Recreation Facility, Indoor
P
P
P
Restaurant, Full & Limited Service
P
P
SP
Restaurant, Take-Out
P
P
P
Retailers and Rental Services
P
P
P
Religious Institutions (subject to the
requirements of the I Zone)
P
P
P
Special Care (Nursing Home)
SP
SP
SP
Tradesperson & Craftsperson Businesses
and Offices
P
P
P
Recreational Uses, Parks, Playgrounds
(subject to the requirements of the OS
Zone)
P
P
P
P - Permitted as-of-right through a development permit
SP - Permitted by Site Plan Approval.
DA - Permitted to apply to Council for a development agreement; other restrictions may apply.
53
8.3 General Provisions for Mixed Use Zones
The provisions of this Part shall apply to all development permits within Mixed Use Zones:
8.3.1
Amenity Area Requirements
i)
Amenity areas shall be provided for multi-unit residential buildings in accordance with Table 18 (for
greater clarity: mixed-use buildings shall be exempt from this requirement).
Table 18
Minimum Amenity Area Requirements
Between 5 and 8 Units
10m2 per unit
9 or more Units
10 m2 per unit, with at least 50 m2 of common outdoor amenity area
20 or more Units
10 m2 per unit, with at least 100 m2 of common outdoor amenity area
j)
Common outdoor amenity areas shall not:
vii.
Be divided into more than two pieces, and each area shall have a minimum width of 1.5 m.
viii.
Be located in the front yard.
k) Amenity areas near steep slopes, parking areas, and other hazards will be designed, landscaped, or fenced
to mitigate the risk of injury and maintain pleasant use.
l)
Outdoor amenity areas will be sufficient in size and shape to serve as a useable outdoor living space,
having a minimum area of 3 m2. Useable outdoor living space shall have a seating area and may include
but is not limited to:
ix.
Communal gardens;
x.
Outdoor cooking facilities;
xi.
Playgrounds;
xii.
Leisure facilities such as swimming pools, tennis courts or lawn bowls.
m) Amenity areas shall be located on the same lot as the use for which it is provided.
n) Required outdoor communal amenity areas shall be permitted to encroach into a required side or rear
yard, but not within 1.5 m or any exterior lot line.
o) Amenity area requirements for Multi-Unit Dwellings may be reduced or waived at the discretion of the
Development Officer if a project is within an accessible 400 m route to a public open space.
8.3.2
Landscaping Requirements
All properties shall be landscaped according to the following requirements:
a) All disturbed area of the site shall be landscaped with grass or perennial ground cover.
b) All trees greater than 15 cm in diameter (measured at 8 cm from the base) should be preserved wherever
possible.
c) All lots abutting Residential Neighbourhood Zones shall have a vegetated buffer along rear and side yards.
d) Existing landscaping, such as trees and shrubs, may be counted toward the calculation of any landscaping
requirements in this part. To be counted, existing landscaping must:
i.
Be adequately protected from damage during development; and
ii.
Remain intact following the completion of a development project.
54
8.3.3
Outdoor Lighting
Driveways, walkways, parking areas, circulation roads, and service areas shall be clearly delineated by lighting
fixtures that shall be installed to direct light away from adjacent streets and residential areas.
8.3.4
Outdoor Storage & Solid Waste Storage
a) Outdoor storage of solid waste shall only be located in side or rear yards, and bins shall be screened by a
1.8 m opaque fence, or otherwise be enclosed by a structure, so as to not be visible from any street or
adjacent property.
b) Outdoor storage of goods and materials shall be subject to the following requirements:
i.
Open storage shall be permitted in the rear yard only.
ii.
Open storage that abuts a public right-of-way shall be buffered along the abutting property line
corresponding to the extent of the storage area with an opaque fence a minimum of 1.8 m in
height or a vegetated buffer sufficient to screen the storage area.
iii.
Open storage shall be secured against wildlife access.
8.3.5
Number of Buildings on a Lot
Notwithstanding any other provision in this Bylaw, up to 3 buildings may be permitted on a lot in any Mixed Use
(MU) Zone provided that all other requirements of this Bylaw are met.
8.3.6
Development Agreements in MU Zones
A development agreement in any MU Zone may be considered for proposals which are unable to meet any of the
requirements of the Zone.
8.4 Downtown Mixed Use (MU-1)
A permitted use in the Downtown Mixed Used (MU-1) Zone shall meet the following requirements:
8.4.1
General Zone Requirements
Table 19
Mixed-Use Building
General Commercial
Building & General
Zone Requirements
Multi-Unit Residential
Building (only permitted
as Courtyard Development)
Maximum Gross Floor Area
2,400 m2
1400 m2
1,400 m2
Minimum Lot Area
200 m2
Minimum Lot Frontage
7.5 m
Minimum Front Yard
0 m
Maximum Front Yard
2 m
Minimum Flankage Yard
0 m
Minimum Side Yard
0 m
Minimum Rear Yard
6 m
Maximum Lot Coverage
100%
55
8.4.2
Design requirements
a) Building Height and Rhythm
i.
The minimum building height at the build-to-plane shall be 6 m;
ii.
The maximum height for mixed-use buildings shall be 15 m and 12 m for all other buildings;
iii.
Where neighbouring structures are two or more storeys in height, a new building shall continue
and reflect the abutting building's established patterns relating to floor elevation and window
placement.
b) Building Façades:
i.
Dwelling units and bed and breakfast accommodation may be located in the basement level, on
upper levels and on street level at the rear. However, not more than 50% of the floor area at the
street level may be used for dwelling units or bed and breakfast accommodation. The remaining
50%, which fronts on the street, shall be used for other uses permitted in the zone.
ii.
Building façades shall occupy at least 50% of the build-to plane along the front lot line and at
least 25% of the build-to plane along a flanking lot line.
iii.
Where a building exceeds 9 m, the remaining height shall be stepped back a minimum of 3 m
from the façade or developed within the attic of a pitched roof.
iv.
No curtain wall or window wall systems shall be applied to more than 50% of any building
elevation;
c) Street-Facing Façade Fenestration:
i.
First storey windows shall:
a. Account for at least 50% of the front façade's wall surface on the first storey;
b. Be of clear or marginally tinted glass and shall not be reflective;
c. Not feature obstructions such as signage in more than 25% of any window;
d. Feature sills which are no higher than 1 m above the interior floor level.
ii.
Upper storey windows shall:
a. Account for at least 20% of the front façade's wall surface on the remaining storeys;
b. Where rectilinear, feature a minimum height to width ratio of 1.6;
c. Be distributed so as to complement horizontal and vertical façade articulation;
d. Be articulated either by recession from the façade or by framing with elements such as
arches, hoods, wide trim boards, decorative lintels, pediments, sills, and other similar
features.
d) Building Articulation:
i.
Buildings with a continuous street-facing façade of 20 m or greater shall have articulated division
of the façade at a rate of every 7 m to break up the apparent mass of the building; this may be
achieved through one or a combination of the following:
a. Pilasters;
b. Projection or recession of the façade;
c. Variation of texture or materials;
d. Variation in roof lines;
e. Design so as to suggest connection of multiple buildings
f. Addition of elements such as awnings, balconies, and framed entrances.
ii.
Articulated divisions such as pilasters, window framing, and entablatures shall be of a
complementary proportion to the building itself.
e) Primary Entranceways:
i.
Primary entranceways shall be oriented to the street and shall be emphasized through the use of
one or a combination of the following:
a. Projection;
56
b. Recession
c. Framing elements, such as pilasters, entablatures, roofs, awnings, or other similar
features.
f)
Corner Buildings:
i.
Buildings located on corners shall be permitted to use one or more of the following treatments:
a. Step-back provisions are not required within 9 m of the corner of the property;
b. A bevel may be created at the corner, given that it features a primary entrance.
g) Screening of utilities:
i.
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;
ii.
Piping/vents for functional services (i.e. plumbing and heating) should be located away from or
screened from streets and abutting properties zone Open Space (OS) or other public areas.
h) Below-Grade Parking Entries:
i.
Entryways to below-grade parking should be an integral and consistent part of the building mass.
Garages should be integrated within the building by topping with a habitable second storey, or
recessed into the structure.
i)
Building Materials and Colours:
i.
The following exterior cladding materials are prohibited:
a. Plywood;
b. Concrete Block with block length, width or height of more than 0.5m;
ii.
Building materials shall be of high quality and shall include one or more of the following:
a. Clapboard, shingles, board and batten siding or wood or composite
materials including vinyl;
b. Brick, stone, tile, and like products;
c. Parge Coat;
d. Metal, ceramic, or composite material tiles.
iii.
Character of building materials shall extend to landscaping elements.
iv.
On walls which are not abutting a front lot line, materials and detailing may be relaxed but
should be complementary to the primary material.
v.
Vibrant colour palettes and the use of complementary colours are encouraged.
j)
Outdoor Lighting:
i.
Exterior lighting shall be sufficient to illuminate the building façade and the main entrance to the
building, including the pedestrian public right-of-way at the front lot line of the site;
ii.
Exterior lighting shall provide safety and convenience for both pedestrians and vehicles accessing
all public areas of the site.
8.4.3
Court Yard Developments
Where 50% or more of the build-to plane are occupied by building(s) on the lot, additional buildings may be
permitted subject to the following:
a) buildings shall be set back at least 25m from the front lot line; and,
b) buildings must follow design requirements regarding 'Building Height and Rhythm', 'Building Articulation
and 'Screening of Utilities' of Sub-Section 8.4.2, but shall be exempt from all other requirements of that
Sub-Section.
57
8.4.4
Narrow Streets
Development permit applications respecting corner lots which border a street right of way measuring less than
15.2 m in width are subject to approval by the Traffic Authority.
8.4.5
Developments in proximity to watercourses and railways
Developments in proximity to watercourses and railways shall follow sections 4.20 and 4.21 of this by-law.
8.5 James Street Mixed Use (MU-2)
A permitted use in the James Street Mixed Use (MU-2) Zone shall meet the following requirements:
8.5.1
General Zone Provisions
Table 20
General Requirements
Maximum Ground Floor Area
1250 m2
Minimum Lot Area
1500 m2
Minimum Lot Frontage
20 m
Minimum Front Yard
0 m
Maximum Front Yard
4 m
Minimum Flankage Yard
0 m
Minimum Side Yard
3 m
Minimum Rear Yard
10 m
Maximum Lot Coverage
80%
8.5.2
Design requirements
a) Building Height and Rhythm
i.
The maximum height for mixed-use buildings shall be 15 m and 12 m for all other buildings;
ii.
Where neighbouring structures are two or more storeys in height, a new building shall continue
and reflect the abutting building's established patterns relating to floor elevation and window
placement.
b) Building Façades:
i.
Dwelling units and bed and breakfast accommodation may be located in the basement level, on
upper levels and on street level at the rear. However, not more than 50% of the floor area at the
street level may be used for dwelling units or bed and breakfast accommodation. The remaining
50%, which fronts on the street, shall be used for other uses permitted in the zone.
ii.
Building façades shall occupy at least 50% of the build-to plane along the front lot line and at
least 25% of the build-to plane along a flanking lot line.
58
iii.
Where a building exceeds 9 m, the remaining height shall be stepped back a minimum of 3 m
from the façade or developed within the attic of a pitched roof.
c) Street-Facing Façade Fenestration:
i.
First storey windows shall:
a. Account for at least 50% of the front façade's wall surface on the first storey;
b. Be of clear or marginally tinted glass and shall not be reflective;
c. Not feature obstructions such as signage in more than 25% of any window;
ii.
Upper storey windows shall:
a. Account for at least 20% of the front façade's wall surface on the remaining storeys;
b. Be distributed so as to complement horizontal and vertical façade articulation;
d) Articulations:
i.
Buildings with a continuous street-facing façade of 20 m or greater shall have articulated division
of the façade at a rate of every 7 m to break up the apparent mass of the building; this may be
achieved through one or a combination of the following:
a. Pilasters;
b. Projection or recession of the façade;
c. Variation of texture or materials;
d. Variation in roof lines;
e. Addition of elements such as awnings, balconies, and framed entrances.
e) Roofs:
i.
Large buildings with a footprint greater than 370 m2 shall have flat roofs or variations in pitched
roofs. Required variations in the roof line may be satisfied using gables, turrets, roof projections,
or similar architectural features.
f)
Pedestrian Access:
i.
The main entrance(s) of ground floor units of any building shall face the front lot line. Main
entrances may provide access to individual units, clusters of units, courtyard dwellings, or
common lobbies.
ii.
Access to the main entrance(s) shall connect directly to the nearest public right-of-way via a
pedestrian walkaway, paved with hard materials.
iii.
It is recommended that main building entrances are covered with a canopy, awning, recess, or
similar device to provide pedestrian weather protection.
g) Screening of utilities:
i.
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 the opposite sidewalk, or be screened with materials and finishes compatible with the
buildings design;
ii.
Piping/vents for functional services (i.e. plumbing and heating) should be located away from or
screened from streets and abutting properties zoned Open Space (OS) or other public areas.
h) Below-Grade Parking Entries:
i.
Entryways to below-grade parking should be an integral and consistent part of the building mass.
Garages should be integrated within the building by topping with a habitable second storey, or
recessing it into the structure.
i)
Building Materials and Colours:
i.
The following exterior cladding materials are prohibited:
a. Plywood;
b. Concrete Block with block length, width or height of more than 0.5m;
59
8.5.3
Court Yard Developments
Where 50% or more of the build-to plane are occupied by building(s) on the lot, additional buildings may be
permitted subject to the following:
a) buildings shall be set back at least 25m from the front lot line; and,
b) buildings must follow design requirements regarding 'Building Height and Rhythm', 'Building Articulation',
'Roofs' and 'Screening of Utilities' of Sub-Section Error! Reference source not found., but shall be exempt
rom all other requirements of that Sub-Section.
8.5.4
Developments in proximity to watercourses and railways
Developments in proximity to watercourses and railways shall follow sections 4.20 and 4.21 of this by-law.
8.6 Mixed Use Centre (MC) Zone
A permitted use in the Mixed Use Centre (MC) Zone shall meet the following requirements:
8.6.1
General Zone Provisions
Table 21
Mixed-Use Building
General Commercial
Residential
Maximum Ground
Floor Area
1450 m2
400 m2
850 m2
Minimum Lot
Frontage
20 m
12 m
12 m
Minimum Lot Area
800 m2
Minimum Front
Yard
0 m
Maximum Front
Yard
6 m
Minimum Rear
Yard
6 m
Minimum Side
Yard
3 m
Minimum Flankage
Yard
0 m
Maximum Building
Height
11 m
Maximum Hard
Surface Coverage
on Lot
60%
60
8.6.2
Built Form Provisions
a) Where a building exceeds 9 m, the remaining height shall be stepped back a minimum of 3 m from the
façade or developed within the attic of a pitched roof.
b) Street-Facing Façade Fenestration:
i.
No curtain wall or window wall systems shall be applied to more than 50% of any building
elevation;
ii.
First storey windows shall:
a. Account for at least 30% of the front façade's wall surface on the first storey;
b. Be of clear or marginally tinted glass and shall not be reflective;
c. Not feature obstructions such as signage in more than 25% of any window;
d. Feature a trim with a minimum width of 8 cm.
iii.
Upper storey windows shall:
a. Account for at least 10% of the front façade's wall surface on the remaining storeys;
b. Where rectilinear, feature minimum height to width ratio of 1:6;
c. Be distributed so as to complement horizontal and vertical façade articulation;
d. Feature a trim with a minimum width of 8 cm.
c) Pedestrian Access:
i.
The main entrance(s) of ground floor units of any building shall face the front lot line.
ii.
Access to the main entrance(s) shall connect directly to the nearest public right-of-way via a
pedestrian walkaway, paved with hard materials.
d) Screening of utilities:
i.
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 the opposite sidewalk, or be screened with materials and finishes compatible with the
buildings design;
ii.
Piping/vents for functional services (i.e. plumbing and heating) should be located away from or
screened from streets and abutting properties.
e) Building Materials and Colours:
i.
The following exterior cladding materials are prohibited:
a. Plywood;
b. Concrete Block with block length, width or height of more than 0.5m;
8.6.3
Developments in proximity to watercourses and railways
Developments in proximity to watercourses and railways shall follow sections 4.20 and 4.21 of this by-law.
8.7 Comprehensive Development District (CDD)
8.7.1
Development Permitted through Development Agreement
No development permit shall be issued in any Comprehensive Development District (CDD) Zone except in
accordance with a development agreement approved pursuant to policies contained in the MPS.
61
Part 9: Commercial Zones
9.1. Commercial Zones
Industrial Commercial (C-1)
9.2. Commercial Zones Permitted Uses
a) Table 22 summarizes the uses permitted in all Commercial Zones. For conditions associated with the uses,
see the specific section referencing that zone.
b) If a use is not listed in Table 22 as being permitted in a zone, the use is prohibited in that zone.
c) No development permit shall be issued for a use permitted in Table 22 unless the use complies with all
provisions of this Bylaw, including any additional restrictions or prohibitions.
Table 22
Commercial Uses
Industrial Commercial (C-1) Zone
Animal Hospital & Veterinary Offices
SP
Automobile Dealer & Rentals
P
Automobile Service Station
P
Automobile Vehicle Repair & Maintenance
P
Brewery, Distillery & Winery
P
Business Support Services & Printing
P
Car Wash
P
Commercial Parking Lots
SP
Equipment and Machinery Parks
SP
Garden and Nursery Sales and Supplies
P
Greenhouses and Indoor Farming Operations
P
Kennel
DA
Lumber Yards
P
Recreational Vehicle Sales and Rentals
P
Restaurant, Drive-Through
SP
Restaurant, Full & Limited Service
P
Retailers and Rental Services
P
Self-Storage Facility
P
Tradesperson & Craftsperson Businesses and Offices
P
Warehousing Operations
SP
62
Waste Management Services
DA
Open Space (OS) Zone Uses subject to the requirements of that zone.
P
P - Permitted as-of-right through a development permit
SP - Permitted by Site Plan Approval.
DA - Permitted to apply to Council for a development agreement; other restrictions may apply.
9.3. Industrial Commercial (C-1) Zone
A permitted use in the Industrial Commercial (C-1) Zone shall meet the following requirements:
9.3.1
General Zone Requirements
Table 23
Minimum Lot Area
550 m2
Minimum Lot Frontage
18 m
Minimum Front Yard
6 m
Minimum Rear Yard
10 m
Minimum Side Yard
4.5 m
Minimum Flankage Yard
5 m
Maximum Building Height
11 m
Maximum Lot Coverage
40%
9.3.2
Number of Buildings on a Lot
Notwithstanding any other provision in this By-law, multiple buildings may be permitted on a lot in the Commercial
Industrial (C-1) Zone provided that all other requirements of this Bylaw are met.
9.3.3
Landscaping Requirements
Landscaping in all commercial zones shall meet the following requirements:
a) All disturbed areas of the site shall be landscaped with grass or perennial ground cover;
b) All trees greater than 15 cm diameter (measured at 8 cm from the base) should be preserved wherever
possible;
c) Required landscaped areas shall be planted with a minimum of one evergreen and/or densely twigged
deciduous shrub or tree planted with a maximum spacing of 5 m apart in the area. If dense vegetation
exists on the site, this may be retained to meet this requirement.
d) Fences longer than 8 m and facing the street shall be landscaped at the base with trees or shrubs planted
in a minimum 1 m wide planting area with the planted area facing the public right-of-way or abutting
properties.
63
9.3.4
Abutting Zone Provisions
Where a Commercial Zone abuts a Residential (RN-1, RN-2) Mixed Use (MU-1, MU-2, MC), Open Space, or
Institutional Zone, the following provisions shall apply:
a) The following restrictions shall apply to the abutting yard within the Commercial Zone:
i.
Minimum side yard requirement for the abutting side yard shall be 6 m.
ii.
No outdoor display or outdoor storage shall be permitted in an abutting yard.
iii.
No parking space shall be permitted in an abutting yard within 6 m of a side or rear lot line in the
Commercial Zone.
iv.
A landscaped berm or an opaque fence of a minimum height of 1.5 m that abuts the lot line and
runs the full length of the lot line excluding any driveway accesses shall be provided along any
side or rear lot line adjacent to the non-Commercial zone.
v.
Operations or processes which generate considerable noise, dust, vibration or odour shall be
located as far as practicably possible from an abutting lot line and shall be buffered from the
abutting use
vi.
Surface water run-off shall be redirected away from adjacent properties using appropriate water
management infrastructure.
vii.
Outdoor storage and activities located in an abutting yard shall be screened
b) In addition to the provisions in Part 5 of this Bylaw, the following restrictions shall apply to signs located in
an abutting yard within the Commercial Zone:
i.
All signs shall be non-illuminated.
ii.
The maximum sign area shall be 1.5 m2.
iii.
The maximum height of a ground sign from the grade level to the highest part of the sign
(including the sign structure) shall be 3.5 m.
iv.
All signs shall be set back at least 3 m from the abutting property line.
v.
All obsolete signs, sign structures, and sign bases shall be removed.
9.3.5
Open Storage and Outdoor Displays
a) Where a lot is to be used primarily for open display or outdoor storage within a Commercial Zone, the
following restrictions shall apply:
i.
Open storage areas shall feature a well maintained surface with no unstable or exposed soils.
ii.
Outdoor display shall not be permitted within 3 m of any lot line.
iii.
Outdoor display or areas must be landscaped and maintained in a neat, tidy manner including
the trimming and upkeep of landscaped areas and the removal of debris and unsightly objects.
b) All garbage bins associated with a commercial use shall be screened by an opaque fence at a height
adequate to visually screen the bin.
9.3.6
Outdoor Lighting
a) Accesses, parking areas, circulation roads, and service areas shall be clearly delineated by lighting fixtures
that shall be installed so as to reflect light away from adjacent streets and residential areas.
b) Lighting shall not be directed on to abutting properties so as to be a nuisance;
9.3.7
Automobile Service Station Requirements
Where an automobile service station is permitted, the following special provisions shall apply:
a) Minimum lot frontage: 45 m;
b) No portion of any pump island shall be located closer than 6 m from any street line, except an overhead
canopy;
c) The minimum distance between access driveways shall not be less than 9 m;
64
d) The minimum distance from a driveway to a street intersection shall be 15 m;
e) The angle of intersection of a driveway to a street line shall be between 60 and 120 degrees;
f)
The width of a ramp shall be a minimum of 6 m and a maximum of 7.5 m;
g) Dedicated bays, separate from service bays, must be provided for any car wash facilities;
h) A weather canopy for service station pump islands may be erected provided that no part of the canopy is
located within 4 m of the street or lot line and in no case shall the weather canopy extend beyond the
front lot line;
i)
The minimum clearance between the established grade and the lowest point on the service station
canopy is 4 m; and
j)
The maximum height between the established grade and the highest point of the service station canopy
shall not exceed 6 m.
9.3.8
Car Wash Requirements
The following requirements shall apply to car washes:
a) In the General Commercial (GC) Zone, the car wash must be located in a partially enclosed, or fully
enclosed permanent structure.
b) All car wash bays or automated car washes must include an oil/water separator.
9.3.9
Loading Space Requirements
a) Any building or structure to be erected or enlarged which involves the frequent shipping, loading or
unloading of persons, animals or goods, shall maintain on the same premises with every such building,
structure or use, one off-street space for standing, loading and unloading for every 280 m2 or fraction
thereof of building floor area used for any such purpose to a maximum of six loading spaces.
b) Each loading space shall be at least 3.65 m by 12 m with a minimum of 4.25 m height clearance.
c) A loading space for any building with less than 140 m2 shall be optional.
d) Loading spaces shall not be located within any required front yard or be located within any required yard
which abuts a Residential, Open Space, or Institutional Zone.
e) Except as otherwise required in this by-law, a landscaped strip measuring at least 1 m in width shall
separate loading areas from side and rear lot lines.
f)
Loading space areas, including driveways leading thereto, shall be constructed of and maintained with a
stable surface which is treated to prevent the raising of dust or loose particles.
g) Access to the loading space areas shall be provided by means of unobstructed driveways of a minimum
width of 3.5 m for one-way traffic or a minimum width of 7.3 m for two-way traffic.
9.3.10 Vacant or Brownfield Lots
Vacant lots, where not comprised of undisturbed, existing trees, shrubs, or other vegetation, shall feature well-
maintained landscaping throughout.
9.3.11 Developments in proximity to watercourses and railways
Developments in proximity to watercourses and railways shall follow sections 4.20 and 4.21 of this by-law.
9.3.12 Parking Area Requirements
a) In addition to meeting requirements of Part 6 in this Bylaw, parking areas shall conform with the following
provisions:
i.
Except as may otherwise be required in this by-law, a landscaped strip measuring at least 1 m in
width shall separate parking areas from front, side and rear lot lines;
ii.
Lots shall be limited to two accesses (driveways) per road frontage, provided they are separated
from each other by a minimum of 12 m (otherwise only one driveway shall be permitted);
65
Part 10: Community Use Zones
10.1
Community Use Zones
Institutional (I) Zone
University Institutional (UI) Zone
Open Space (OS) Zone
10.2
Community Use Zones Permitted Uses
a) Table 24 summarizes the uses permitted in all Community Use Zones. For conditions associated with the
uses, see the specific section referencing that zone.
b) If a use is not listed in Table 24 as being permitted in a zone, the use is prohibited in that zone.
c) No development permit shall be issued for a use permitted in Table 24 unless the use complies with all
provisions of this Bylaw, including any additional restrictions or prohibitions.
Table 24
Community Uses
Institutional (I) Zone
University Institutional
(UI) Zone
Open Space (OS)
Zone
Art Centre, gallery,
Museum
P
P
-
Band Shells
-
-
P
Cemetery
P
-
P
Commercial Club
P
P
-
Community Centre
P
P
P
Community Gardens
P
P
P
Educational Services
(Except University)
P
-
-
Emergency Services
P
-
-
Funeral Services
P
-
-
Government Offices and
Facilities
P
P
-
Health Care Services
P
P
-
Hospitals
P
-
-
Libraries
P
P
-
Memorials
P
P
P
Municipal Utilities and
P
P
P
66
Community Uses
Institutional (I) Zone
University Institutional
(UI) Zone
Open Space (OS)
Zone
Infrastructure
Offices & Professional
Services
P
P
-
Park, Private
SP
P
P
Park, Public
P
P
P
Recreation Facility,
Indoors
P
P
-
Recreation Facility,
Outdoors
P
P
P
Religious Institution
P
P
-
Restaurant, Full & Limited
Service
P
P
DA
Retailers (not-for-profit)
P
P
-
Special Care (Nursing
Home, Residential Care
Facility)
SP
-
-
Special Care (Home for
Special Care or Group
Home)
P
-
-
University, Associated
Structure/Use
-
P
-
Additional uses permitted
in the Mixed Use Zones
DA
DA
-
P - Permitted as-of-right through a development permit
SP - Permitted by Site Plan Approval.
DA - Permitted to apply to Council for a development agreement; other restrictions may apply.
10.3
General Provisions for Community Use Zones
The provisions of this Part shall apply to all development permits within Community Use Zones:
10.2.1 Landscaping Requirements
Development in all Community Use Zones shall be landscaped according to the following requirements:
a) All disturbed area of the site shall be landscaped with grass or perennial ground cover.
b) All trees greater than 15 cm in diameter (measured at 8 cm from the base) should be preserved wherever
possible.
c) All lots abutting Residential Neighbourhood Zones shall have a vegetated buffer along rear and side yards.
67
d) Existing landscaping, such as trees and shrubs, may be counted toward the calculation of any landscaping
requirements in this part. To be counted, existing landscaping must:
i.
Be adequately protected from damage during development; and
ii.
Remain intact following the completion of a development project.
10.2.2 Prohibited Exterior Cladding Materials
a) Excluding single-unit dwellings, the following exterior cladding materials are prohibited in any Community
Use Zone:
i.
Vinyl on alterations or additions of buildings constructed before the coming into force date of
this By-law;
ii.
Plastic;
iii.
Plywood;
iv.
Concrete Block; and
v.
Darkly tinted or mirrored glass, except spandrel glass panels.
10.2.3 Outdoor Lighting
a) Driveways, walkways, parking areas, circulation roads, and service areas shall be clearly delineated by
lighting fixtures that shall be installed so as to direct light away from adjacent streets and residential
areas.
b) Lighting shall not be directed on to abutting properties so as to be a nuisance.
10.2.4 Outdoor Storage
Outdoor storage of goods and materials shall be subject to the following requirements:
a) Open storage shall be permitted in side and rear yards only.
b) Open storage that abuts a public right-of-way shall be buffered along the abutting property line
corresponding to the extent of the storage area with an opaque fence a minimum of 1.8 m in height or a
vegetated buffer sufficient to screen the storage area.
10.4
Institutional (I)
A permitted use in the Institutional (I) Zone shall meet the following requirements:
10.3.1 General Zone Requirements
In the, a development permit may be issued provided the following requirements and all other requirements of
this Bylaw are met:
a) Where an Institutional Use abuts a Residential Neighbourhood Zone there shall be no parking, structures,
or outdoor storage within any yard abutting a Residential Neighbourhood Zone for a distance of 6 m from
the abutting property line.
b) The requirements below are satisfied:
Table 25
Minimum Lot Area
500 m2
Minimum Lot Frontage
15 m
Minimum Front Yard
4 m
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Minimum Rear Yard
6 m
Minimum Side Yard
4 m
Minimum Flankage Yard
6 m
Maximum Building Height
16 m
Maximum Lot Coverage
65%
10.3.2 Number of Buildings on a Single Lot
Notwithstanding any other provision in this Bylaw, up to 3 buildings may be permitted on a single lot in the
Institutional (I) Zone provided that all other requirements of this Bylaw are met.
10.3.3 Developments in proximity to watercourses and railways
Developments in proximity to watercourses and railways shall follow sections 4.20 and 4.21 of this by-law.
10.5
University Institutional (UI)
A permitted use in the University Institutional (UI) Zone shall meet the following requirements:
10.4.1 General Zone Requirements
Table 26
Minimum Lot Area
900 m2
Minimum Lot Frontage
30 m
Minimum Front Yard
4 m
Minimum Rear Yard
12 m
Minimum Side Yard
4 m
Minimum Flankage Yard
4 m
Maximum Building Height
16 m
Maximum Lot Coverage
65%
10.4.2 Number of Buildings on a Lot
Notwithstanding any other provision in this Bylaw, multiple buildings may be permitted on a lot in the University
Institutional (UI) Zone provided that all other requirements of this Bylaw are met.
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10.4.3 Alternative Parking Requirements through Development Agreement
Land uses in the University Institutional (UI) Zone that fulfill all requirements of the Land Use By-law except for
minimum parking requirements may be permitted by Development Agreement, subject to policies of the
Municipal Planning Strategy.
10.6
Open Space (OS)
A permitted use in the Open Space (OS) Zone shall meet the following requirements:
10.5.1 General Zone Requirements
Table 27
Minimum Lot Frontage
15 m
Minimum Front Yard
7 m
Minimum Rear Yard
10 m
Minimum Side Yard
5 m
Minimum Flankage Yard
6 m
Maximum Building Height
10 m
Maximum Lot Coverage
20%
10.5.2 Playgrounds and Neighbourhood Parks
Development permits for neighbourhood parks, gazebos, playgrounds, and trails and walkways may be issued
where the lot does not have the required minimum lot area and/or minimum lot frontage.
10.5.3 Developments in proximity to watercourses and railways
Developments in proximity to watercourses and railways shall follow sections 4.20 and 4.21 of this by-law.
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Part 11: Environmental Zones
11.1 Environmental Zones
High Risk Floodplain (HF) Zone
Moderate Risk Floodplain Overlay (MF) Zone (applied in conjunction with underlying zone)
Water Supply Overlay (WS) Zone (applied in conjunction with underlying zone)
11.2 High Risk Floodplain (HF) Zone
a) Table 28 summarizes the uses permitted in the High Risk Floodplain (HF) Zone. For conditions associated with the uses, see
the specific section referencing that zone.
b) If a use is not listed in Table 28 as being permitted in a zone, the use is prohibited in that zone.
c) No development permit shall be issued for a use permitted in Table 28 unless the use complies with all provisions of this
Bylaw, including any additional restrictions or prohibitions.
Table 28
Environmental Zone Uses
High Risk Floodplain (HF) Zone
Agricultural Uses
P
Conservation Related Uses
P
Passive and Seasonal Recreation
Uses
P
Public or Private Parks
SP
Public Work Structures
P
Municipal Supply and Drainage
Facilities
P
P - Permitted as-of-right through a development permit
SP - Permitted by Site Plan Approval.
DA - Permitted to apply to Council for a development agreement; other restrictions may apply.
11.2.1 General Zone Requirements
In the High Risk Floodplain (HF) Zone, the following lot provisions must be met for the creation of new lots:
Table 29
General Zone Requirements
Municipal Supply and Drainage Facilities
Minimum Lot Area
925 m2
92 m2
Minimum Lot Frontage
30 m
N/A
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11.2.2 Permanent Structure
No permanent structures shall be permitted in a High Risk Floodplain (HF) Zone except for Public Works structures associated with
the provision of piped services or flood control.
11.2.3 No Disturbance to Bank of Watercourse
Notwithstanding any part of this section, no alteration of land levels (filling-in nor excavation) shall occur within 30 m of the Ordinary
High Water Mark of a watercourse, except where required for the erection of Public Works structures.
11.2.4 No Off-Site Fill
The filling off any soil that did not originate from the High-Risk Floodplain on the same lot is prohibited.
11.3 Moderate Risk Floodplain Overlay Zone (MF)
11.3.1 General Zone Requirements
In the Moderate Risk Floodplain (MF) Overlay Zone only those uses are permitted which are allowed in both the underlying zone and
in the Moderate Risk Floodplain (MF) Overlay Zone. In case of any conflicting requirements between the MF and underlying zone,
the more stringent standard shall apply.
11.3.2 Restrictions on Permitted Uses
In the Moderate Risk Floodplain (MF) Overlay Zone, permitted uses shall include all uses permitted in the underlying zone with the
following exceptions:
a) Residential institutions, high importance institutions or post-disaster buildings (such as hospitals), senior citizen homes,
homes for special care and similar facilities where flooding could pose a significant threat to the safety of residents if
evacuation became necessary; and
b) Any use associated with the warehousing or the production of hazardous materials.
11.3.3 Floodproofing
All new main and accessory buildings in the MF Overlay Zone, except for public works structures, must be flood proofed in
accordance with the following requirements. No development permit shall be issued, with the exception of Public Works structures,
for reconstruction or additions to existing main buildings or construction of permitted main buildings unless the following
requirements are met:
a) Basements shall not be permitted;
b) Minimum height of the finished floor elevation shall be equal to 0.1 m above the established 1:100 year flood elevation
indicated on mapping prepared by CBCL in 2019. The flood elevation shall be established by using the transect mapping
of the study (Schedule D of the Municipal Planning Strategy);
c) There shall not be any filling in of land in areas displayed as Floodway Fringe with the exception of fill placed to aid in
floodproofing - which fill shall extend 5 feet from the structure and therefrom slope back to original grade so as to minimize
loss of flood storage capacity;
d) Fill material used shall not consist of waste products or refuse, such as auto bodies, garbage, or wood fibre waste; and
e) After the footing stage of construction, the property owner shall provide the Development Officer with a location certificate
prepared by a Professional Surveyor showing the slab elevation.
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11.3.4 Setbacks
No development permit shall be issued for a permanent building within 30 m of the normal high water mark of a watercourse with
the exception of Public Works structures.
11.4 Water Supply (WS) Overlay Zone
11.4.1 General Zone Requirements
In the Water Supply (WS) Overlay Zone, only those uses are permitted which are allowed in both the underlying zone and in the
Water Supply Overlay Zone. In case of any conflicting requirements between the WS and underlying zone, the more stringent
standard shall apply.
Table 30
Requirement
Minimum Lot Area
929 m2
Minimum Lot Frontage
15 m
11.4.2 Permitted Uses
No development permit shall be issued in the Water Supply (WS) Zone except for one or more of the following uses:
a) Accessory uses in accordance with Section 4.5
b) Conservation related projects that do not require a permanent structure;
c) Existing single detached dwellings;
d) Existing uses;
e) Public Works associated with water supply monitoring;
f)
Recreational uses that do not require a permanent structure.
Part 12: Old Town (OT) Overlay Zone
12.1.1 General Zone Requirements
In the Old Town (OT) Overlay Zone, only uses permitted in the underlying zone shall be permitted.
12.1.2 Permitted Uses
In addition to 12.1.1, the development of Infill Lots by development agreement shall be permitted subject to applicable policies and
conditions in the Municipal Planning Strategy.
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Schedule A: Zoning Map
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