Land Use By-law — Municipality of the District of Argyle

Argyle, Nova Scotia · adopted 2020-06-23

This is the exact embedded text of the captured official document. Snapshot 846d3364c29d · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Municipality of the District of Argyle LAND USE BY-LAW Adopted: June 23, 2020 In Effect: August 17, 2020 Office Consolidation: July 31, 2025 REVISED LAND USE BY-LAW This CONSOLIDATED EDITION is prepared for convenience only. For complete reference, please consult the original documents. This CONSOLIDATED EDITION has the following history: Reference Effective Date Description West Pubnico Rural Centre Zoning Map Schedule B April 30, 2021 Rezone a portion of the subject site along Dennis Point Road (PID 90081142) from Marine Industrial (MI) Zone to Light Industrial (LI) Zone to permit a micro cannabis production/processing facility Part 4 & Part 26 November 1, 2021 Add Campground provisions as Section 4.24 and revise Campground, Mini Home Community, Tourist Establishment definitions, remove Travel Trailer Park definition, add new Campsite definition Part 11 November 1, 2021 Add Fur Farm as a permitted use by development agreement in the Rural Development zone Schedule A - Zoning Map November 1, 2021 Rezone a portion of the lands Light Industrial (LI) zone, and rezone the portions of land to Mixed Use zone (MU) for PIDS 90076613, 90076605, and 90076621 to align with proposed lot boundaries 4.23 February 2, 2023 Reduce the minimum number of required dwelling units for Group Dwellings from four (4) dwelling units to three (3) dwelling units. Part 11 February 2, 2023 Add small multi-unit residential buildings with three (3) or four (4) dwelling units as a permitted use in the Coastal Community (CC) Zone. Part 11 March 29, 2023 Add Large Scale Wind Turbine Generator as a permitted use by development agreement in the RD zone, remove Large Scale Wind Turbine Generator as a permitted use by development agreement from the WP zone, add Wind Farm as a Permitted use by development agreement in the CC and RD zones. 23.1 February 2, 2023 Housekeeping - revise to correct the abbreviation for the Marine Industrial Development zone by replacing 'RD' with 'MI'. Part 9 February 2, 2023 Insert new light industrial home occupation requirements related to outdoor uses, screening, lighting and nuisance provisions as section 9.3 and renumber subsequent sections 9.1 February 2, 2023 Revise text to replace 'a particular zone' with 'this By-law' 9.2 February 2, 2023 Delete 'excluding industrial use home occupations', and add increased site and rear yard setback for light industrial home occupations Section 5 February 2, 2023 Housekeeping edits to renumber Section 5 in sequential order Reference Effective Date Description Table of Contents February 2, 2023 Housekeeping edits to renumber sections in Part 2, insert reference to Section 4.6, and renumber automotive repair home occupation. Part 26 February 2, 2023 Revise Home Occupation definition to add light industrial uses. Part 2 March 29, 2023 Add section 2.14 - Application Fees Part 26 March 29, 2023 Revise definition of wind farm. Add definitions for seasonal dwelling and camp. Part 18 & 22 March 29, 2023 Add section 18.14 and 22.2 to enable a development permit to be issued for wind projects located on a property without frontage on a public road provided private access is secured 8.1 June 1, 2023 Wind Farm Amendments - Require new large-scale wind turbines to be located at least 1000 metres from permanent dwellings, and at least 300 metres from seasonal dwellings and camps. Part 11 June 8, 2023 Sawmills added as a permitted use by development agreement in the Village (V) Zone. West Pubnico Rural Centre Zoning Map Schedule B and Schedule M January 11, 2024 Rezone the property at PID 90093113 from Marine Industrial (MI) Zone to Mixed Use Zone (MU). 2.13 March 28, 2024 Housekeeping edits to include variances permitted except when yard directly abuts an identified watercourse or the ocean and to remove 'ground' and include 'floor' and "(Garden Suite Only). 4.23.3 March 28, 2024 Housekeeping edits to revise 'minimum' to 'maximum'. 4.25 March 28, 2024 Add Section 4.25 - Minimum Yard Setback for Main and/or Accessory Dwellings When Abutting Identified Watercourses and/or the Oceanfront. 6.4 (iv) March 28, 2024 Housekeeping edits to revise text to replace '95m2' with '80m2' 9.1 March 28, 2024 Housekeeping edits to revise text for clarification of Home Occupation size requirements. 10.1 March 28, 2024 Add section 10.1 - Special Uses Minimum Standards Part 11 March 28, 2024 Housekeeping edits to revise text to replace 'single-unit dwelling or single unit dwellings with an accessory dwelling unit' to 'single-unit dwelling', remove dwelling units as accessory uses within the Heavy Industrial (HI) Zone, and welding/machine shops added as a permitted use within the Marine Industrial (MI) Zone. 17.1 March 28, 2024 Housekeeping edits to revise text to replace '10ft' with '15ft' as the minimum side yard setback in the Pubnico Point Wind Farm (WF) Zone. 18.1 March 28, 2024 Housekeeping edits to revise text to replace '10ft' with '15ft' as the minimum side yard setback in the Coastal Community (CC) Zone. 24.1 March 28, 2024 Housekeeping edits to revise text to replace '10ft' with '15ft' as the minimum side yard setback in the Coastal Wetlands (CW) Zone. Part 26 March 28, 2024 Revise definition of Restaurant and Restaurant, Evening Patio and Automobile Service Station. West Pubnico Rural Centre July 31, 2025 Housekeeping edits to add Schedule M - West Pubnico Rural Centre Abbotts Harbour Marine Industrial to Section 3.2 Zoning Maps. Reference Effective Date Description Abbotts Harbour Marine Industrial Schedule M TABLE OF CONTENTS PART 1 - TITLE AND PURPOSE ......................................................................... 1 PART 2 - ADMINISTRATION ............................................................................... 2 2.1 EFFECTIVE DATE ................................................................................................. 2 2.2 DEVELOPMENT OFFICER ..................................................................................... 2 2.3 DEVELOPMENT PERMIT REQUIRED ..................................................................... 2 2.4 CONTENTS OF DEVELOPMENT PERMIT APPLICATION......................................... 2 2.5 CONTENTS OF SITE PLAN APPROVAL APPLICATION .......................................... 2 2.6 DEVELOPMENT THROUGH DEVELOPMENT AGREEMENT .................................... 3 2.7 SIGNATURE FOR APPLICATION ........................................................................... 3 2.8 DECISION IN WRITING .......................................................................................... 4 2.9 LAPSE OF DEVELOPMENT PERMIT ...................................................................... 4 2.10 REVOCATION OF PERMITS ................................................................................... 4 2.11 LICENSES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS ......................... 4 2.12 VIOLATIONS ......................................................................................................... 4 2.13 VARIANCES ......................................................................................................... 4 2.14 APPLICATION FEES ............................................................................................. 5 PART 3 - INTERPRETATION OF MAPS AND TEXT ............................................. 6 3.1 ZONES ................................................................................................................. 6 3.2 ZONING MAPS ...................................................................................................... 6 3.3 ZONING BOUNDARIES ......................................................................................... 7 3.4 INTERPRETATION OF ZONING BOUNDARIES ....................................................... 7 3.5 CERTAIN WORDS AND METRICS .......................................................................... 7 PART 4 - GENERAL PROVISIONS FOR ALL ZONES ........................................... 8 4.1 PERMITTED AND PROHIBITED USES .................................................................... 8 4.2 OPEN STORAGE OF FISHING GEAR AND EQUIPMENT ......................................... 8 4.3 ACCESSORY BUILDINGS AND STRUCTURES ....................................................... 8 4.4 ACCESSORY USES PERMITTED ........................................................................... 8 4.5 SOLAR PANELS PERMITTED ................................................................................ 9 4.6 LIGHTING, ILLUMINATION & LIGHT POLLUTION .................................................... 9 4.7 AUTOMOBILE, TRUCK, BUS, COACH BODY, AND BEACHED VESSEL ................... 9 4.8 BUILDING TO BE MOVED ...................................................................................... 9 4.9 EXISTING BUILDINGS USES ................................................................................. 9 4.10 EXISTING BUILDINGS WITH NON-CONFORMING YARDS ...................................... 9 4.11 EXISTING MAIN BUILDINGS - SUBDIVISION LOTS ...............................................10 4.12 EXISTING UNDERSIZED LOT USES .....................................................................10 4.13 EXISTING BUILDING USES .................................................................................10 4.14 MINIMUM FRONT LOT LINE .................................................................................11 4.15 MULTIPLE USES .................................................................................................11 4.16 NON-CONFORMING USES ..................................................................................11 4.17 LOT FRONTAGE AND ACCESS ...........................................................................11 4.18 REDUCTION IN LOT AREA AND FRONTAGE .......................................................12 4.19 REMOVAL OF ENCROACHMENTS ......................................................................12 4.20 RESTORATION TO A SAFE CONDITION ..............................................................12 4.21 WAIVER FOR COMMERCIAL BUILDINGS ............................................................12 4.22 YARD REQUIREMENTS MEASURED FROM WATERCOURSES, SWAMPS AND SLOPES .............................................................................................................12 4.23 GROUP DWELLING DEVELOPMENT REQUIREMENTS .........................................13 4.24 CAMPGROUND REQUIREMENTS ........................................................................14 4.25 Minimum Yard Setback for Main and/or Accessory Dwellings When Abutting Identified Watercourses and/or the Oceanfront ....................................................15 PART 5 - PARKING AND LOADING SPACES .................................................... 16 5.1 PARKING REQUIREMENTS .................................................................................16 5.2 PARKING SPACE AND AREA STANDARDS .........................................................17 5.3 LOADING SPACE STANDARDS ...........................................................................17 PART 6 - GENERAL PROVISIONS FOR COMMERCIAL USES AND RESIDENTIAL DWELLING USES .............................................................................. 18 6.1 ACCESS REQUIREMENTS ..................................................................................18 6.2 MORE THAN ONE MAIN BUILDING ON A LOT .....................................................18 6.3 YARDS FOR COMMERCIAL USES ABUTTING RESIDENTIAL AND INSTITUTIONAL USES ..................................................................................................................18 6.4 ACCESSORY DWELLING UNITS ..........................................................................19 PART 7 - GENERAL PROVISIONS FOR INDUSTRIAL USES ............................. 20 7.1 MORE THAN ONE MAIN BUILDING ON A LOT ......................................................20 7.2 WAIVER OF LOT REQUIREMENTS ......................................................................20 7.3 SCREENING .......................................................................................................20 7.4 YARDS ABUTTING RESIDENTIAL AND INSTITUTIONAL USES .............................20 7.5 ADDITIONAL REQUIREMENTS FOR AUTOMOTIVE MECHANICAL REPAIR USES .20 PART 8 - PROVISIONS FOR WIND TURBINE GENERATORS ........................... 21 8.1 LARGE SCALE WIND TURBINE GENERATORS (SEE DEFINITIONS) ....................21 8.2 SMALL SCALE WIND TURBINE GENERATORS (SEE DEFINITIONS) .....................21 8.3 MICRO SCALE WIND TURBINE GENERATORS (SEE DEFINITIONS) .....................21 PART 9 - HOME OCCUPATIONS ...................................................................... 22 9.1 HOME OCCUPATION SIZE REQUIREMENTS ........................................................22 9.2 HOME OCCUPATION YARD REQUIREMENTS ......................................................22 9.3 LIGHT INDUSTRIAL HOME OCCUPATION REQUIREMENTS .................................22 9.4 AUTOMOTIVE MECHANICAL REPAIR HOME OCCUPATION PERMITTED USE REQUIREMENTS .................................................................................................23 PART 10 - SPECIAL USES ................................................................................. 24 10.1 Special Uses Minimum Standards .......................................................................24 PART 11 - ZONES - PERMITTED USES AND ZONE PROVISIONS ..................... 25 PART 12 - MIXED USE ZONE ............................................................................. 31 12.1 MIXED USE (MU) ZONE STANDARDS ..................................................................31 PART 13 - LIGHT INDUSTRIAL (LI) ZONE ........................................................... 32 13.1 LIGHT INDUSTRIAL (LI) ZONE STANDARDS ........................................................32 13.2 MINIMUM LOT AREA REQUIREMENT ..................................................................32 PART 14 - HEAVY INDUSTRIAL (HI) ZONE ......................................................... 33 14.1 HEAVY INDUSTRIAL (HI) ZONE STANDARDS ......................................................33 14.2 MINIMUM LOT AREA REQUIREMENT ..................................................................33 PART 15 - RESIDENTIAL PARK (RP) ZONE ........................................................ 34 15.1 RESIDENTIAL PARK (RP) ZONE STANDARDS .....................................................34 PART 16 - BUSINESS PARK (BP) ZONE ............................................................. 35 16.1 BUSINESS PARK (BP) ZONE STANDARDS ..........................................................35 16.2 PUBLIC ROAD FRONTAGE REQUIREMENT .........................................................35 PART 17 - PUBNICO POINT WIND FARM (WF) ZONE......................................... 36 17.1 PUBNICO POINT WIND FARM (WF) ZONE STANDARDS .......................................36 17.2 MINIMUM SEPARATION DISTANCE .....................................................................36 PART 18 - COASTAL COMMUNITY (CC) ZONE .................................................. 37 18.1 COASTAL COMMUNITY (CC) ZONE STANDARDS ................................................37 18.2 SPECIAL VARIATIONS FOR NONCONFORMING STRUCTURES RELATED TO LIGHT INDUSTRIAL USES .............................................................................................37 18.3 HISTORIC VILLAGES - MORE THAN ONE MAIN BUILDING ...................................38 18.4 WIND ENERGY DEVELOPMENT WITH FRONTAGE ON A PUBLIC ROAD ..............38 PART 19 - COASTAL COMMUNITY INDUSTRIAL (CCI) ZONE ............................. 39 19.1 COASTAL COMMUNITY INDUSTRIAL (CCI) ZONE STANDARDS ...........................39 19.2 SCREENING REQUIREMENTS FOR OUTDOOR HEAVY INDUSTRIAL USES ..........39 19.3 SPECIAL VARIATIONS FOR NONCONFORMING STRUCTURES AND USES IN THE CCI ZONE ...........................................................................................................39 PART 20 - VILLAGE (V) ZONE ............................................................................ 41 20.1 VILLAGE (V) ZONE STANDARDS.........................................................................41 PART 21 - FLOODPLAIN (FP) ZONE ................................................................... 42 21.1 PERMITTED DEVELOPMENT ...............................................................................42 21.2 DANGEROUS STORAGE OR POTENTIAL LEACHATES PROHIBITED ...................42 21.3 FLOODPROOFING REQUIREMENTS ...................................................................42 21.4 RESTRICTIONS ON ALTERING LAND LEVELS ....................................................42 PART 22 - RURAL DEVELOPMENT (RD) ZONE .................................................. 43 22.1 RURAL DEVELOPMENT (RD) ZONE STANDARDS ...............................................43 22.2 WIND ENERGY DEVELOPMENT WITHOUT FRONTAGE ON A PUBLIC ROAD .......43 PART 23 - MARINE INDUSTRIAL (MI) ZONE ....................................................... 44 23.1 MARINE INDUSTRIAL DEVELOPMENT (MI) ZONE STANDARDS ...........................44 23.2 COASTAL FLOODING - ENVIRONMENTAL SAFETY - MCCAP ..............................44 23.3 ZONE STANDARDS RESPECTING MI USES ON LEASED LAND ...........................44 PART 24 - COASTAL WETLANDS (CW) ZONE .................................................... 45 24.1 COASTAL WETLANDS (CW) ZONE STANDARDS .................................................45 24.2 PERMITTED DEVELOPMENTS ............................................................................45 PART 25 - WELLHEAD PROTECTION (WP) ZONE .............................................. 46 25.1 PROHIBITED DEVELOPMENTS ...........................................................................46 25.2 NO LEACHATE PERMITTED ................................................................................46 25.3 EXCAVATION AND CONSTRUCTION IN WP ZONE ...............................................46 PART 26 - DEFINITIONS .................................................................................... 47 APPENDIX A - FLOOD PLAIN ENVIRONMENTAL STUDY REQUIREMENTS .................................62 P a g e | 1 PART 1 - TITLE AND PURPOSE This By-law shall be known and may be cited as the "Land Use By-law" of the Municipality of the District of Argyle (Municipality of Argyle) and shall apply to all lands located within the municipal boundaries. The purpose of this By-law is to carry out the intent of the land development policies found in the Municipal Planning Strategy and to establish a fair and systematic means of development control for the Municipality. This land use By-law is established in accordance with the provisions of the Municipal Government Act, by regulating the use of land and the location, size, spacing, character and use of land uses, buildings and structures within the Municipality of Argyle. P a g e | 2 PART 2 - ADMINISTRATION 2.1 EFFECTIVE DATE This Land Use By-law has been approved by the Minister of Municipal Affairs and came into effect on August 17, 2020. Upon enactment of this By-law, any previous Land Use By-law of the District of the Municipality of Argyle and amendments thereto, is hereby repealed. 2.2 DEVELOPMENT OFFICER This By-law shall be administered by the Development Officer of the Municipality of Argyle and the Development Officer shall issue development permits under this By-law. 2.3 DEVELOPMENT PERMIT REQUIRED No building or structure shall hereafter be erected or altered, nor the use of any building, structure or lot hereafter be changed unless a development permit has been issued and no development permit shall be issued unless all the provisions and requirements of this By-law are satisfied. 2.4 CONTENTS OF DEVELOPMENT PERMIT APPLICATION Every application for a development permit shall be accompanied by plans drawn to an appropriate scale and showing: i. the true shape and dimensions of the lot to be used and upon which it is proposed to construct or locate any building or structure; and ii. the proposed use, location, height and dimensions of any building or structure in respect of which the permit is applied for; and this information shall include measurements of the lot frontage, front, side and rear yards; and iii. 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; and the proposed location and dimensions of parking areas, parking spaces, loading spaces, driveways, curbs, landscaping and fencing; and iv. other such information as may be necessary to determine whether or not the proposed development conforms with the requirements of this By-law. v. Where the Development Officer is unable to determine whether the proposed development conforms with this By-law, the Development Officer may require that the plan be based upon an actual survey certified and stamped by a licensed Nova Scotia Land Surveyor. 2.5 CONTENTS OF SITE PLAN APPROVAL APPLICATION Every application for a site plan approval must have regard for the following matters, which shall constitute criteria, where applicable 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; P a g e | 3 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. Landscaped areas are appropriate and efforts are 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; 2.6 DEVELOPMENT THROUGH DEVELOPMENT AGREEMENT This By-law states the types of land uses that may be permitted by Development Agreement through permitted use tables for each zone. Apart from development agreement types specifically mentioned in certain zones, the following development agreements may be considered in any zone except for the Coastal Wetlands (CW) Zone: i. Accessory Buildings or Structures larger than what is permitted in the Land Use By-law; ii. The expansion of legal nonconforming uses of land, nonconforming structures; iii. The development of uses that are permitted within the zone and designation on an abutting property; iv. The development of uses that are extensions of development agreements in effect on an abutting property. The Municipal Planning Strategy shall establish all policies and conditions for development agreements enabled in this Land Use By-law. 2.7 SIGNATURE FOR APPLICATION The application shall be signed by the registered owner of the lot or by the owner's agent duly authorized thereupon in writing and shall set forth in detail the current and proposed use of the lot and each building or structure, or part of each building or structure, together with all information necessary to determine whether or not every such proposed use of land, building or structure conforms with the requirements of this By-law. P a g e | 4 2.8 DECISION IN WRITING Any decision of the Development Officer to refuse to issue a development permit shall be given by written notice served by ordinary mail. 2.9 LAPSE OF DEVELOPMENT PERMIT Any development permit issued under this or any previous Land Use By-law automatically lapses and becomes null and void if the development to which it relates has not commenced and one year has elapsed since its issuance. 2.10 REVOCATION OF PERMITS The Development Officer may revoke any development permit issued under this Land Use By-law or any previous Land Use By-law where: i. the requirements of the permit are not met ii. the issuance of the permit was based on incorrect information or iii. the permit was issued in error 2.11 LICENSES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS i. The Municipality, or its authorized representatives, is not required to comply with the requirements of this By-law or need to obtain any license, permission, permit, authority or approval required thereunder. ii. Nothing in this By-law shall exempt any person from complying with the requirements of the Building By-law or any other By-laws or regulations within the Municipality or from obtaining any license, permission, permit, authority or approval required thereunder. iii. Where the provisions in this By-law conflict with those of any other municipal or provincial requirements, the higher or more stringent provisions shall prevail. 2.12 VIOLATIONS In the event of an offence or failure to comply with a requirement of this Land Use By-law the provisions of Section 266 of the Municipal Government Act apply. 2.13 VARIANCES The Development Officer may grant a variance in one or more of the following matters of this By-law, or following terms in a development agreement where the development agreement indicates that a variance may be granted: i. Percentage of land that may be built upon. ii. Size or other requirements relating to yards; except when the yard directly abuts an identified watercourse or ocean. iii. Lot frontage or lot area, or both, if a. the lot existed on the effective date of the By-law, or b. a variance was granted for the lot at the time of subdivision approval. iv. The number of parking spaces and loading spaces required. P a g e | 5 v. The ground floor area and height of a structure or building, including any accessory building. vi. Floor area occupied by a home-based business. vii. The area of an Accessory Dwelling Unit (Garden Suite only). 2.14 APPLICATION FEES Every application for a development permit, variance, site plan approval, land use by-law amendment, and development agreement shall be subject to fees as established by Council in accordance with the Municipality of Argyle's Policy Schedule C22- Fees and Penalties. P a g e | 6 PART 3 - INTERPRETATION OF MAPS AND TEXT 3.1 ZONES For the purpose of this By-law, the Municipality of Argyle is divided into the following zones, the boundaries of which are shown on the attached Schedules (A-L). Such zones are also referred to by the symbols as follows: Mixed Use MU Light Industrial LI Heavy Industrial HI Residential Park RP Business Park BP Pubnico Point Wind Farm WF Coastal Community CC Coastal Community Industrial CCI Village V Floodplain FP Rural Development RD Marine Industrial MI Coastal Wetlands CW Wellhead Protection WP 3.2 ZONING MAPS Schedules A through L attached hereto are the Zoning Maps which form part of this By-law. Schedule A Municipality of the District of Argyle Schedule B West Pubnico Rural Centre Schedule C Wedgeport Rural Centre Schedule D Tusket Rural Centre Schedule E Coastal Community Schedule F East Kemptville Village Schedule G Springhaven - Quinan Village Schedule H Marine Industrial Schedule I Marine Industrial Schedule J Floodplain Schedule K Wellhead Protection Schedule L Coastal Community Industrial Schedule M West Pubnico Rural Centre Abbotts Harbour Marine Industrial The symbols used on the Zoning Maps refer to the corresponding zones established by this By- law. P a g e | 7 3.3 ZONING BOUNDARIES The extent and boundaries of all zones are shown on the Zoning Maps attached hereto and the provisions of this By-law shall apply to all zones. 3.4 INTERPRETATION OF ZONING BOUNDARIES Boundaries between zones as shown on the noted schedules shall be determined as follows: i. where a zone boundary is indicated as approximately following lot lines, the boundary shall follow such lot lines; and ii. where a zone boundary is indicated as following a road, the boundary shall be the centre line of such road; and iii. where a road, abandoned 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 of the adjoining property on either side thereof; and iv. where an abandoned railway right-of-way, electrical transmission line right-of-way or watercourse is included on the Zoning Maps and serves as 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 right-of-way shall be considered the boundary between zones unless specifically indicated otherwise; and v. where a zone boundary is shown following the coastal shoreline the boundary shall follow the actual high-water mark level; and vi. where a zone boundary is indicated as following the limits of the Municipality, the limits shall be the municipal boundary; and vii. where none of the above provisions apply, and where appropriate, the zone boundary shall be scaled from the attached Zoning Maps. 3.5 CERTAIN WORDS AND METRICS In this By-law, words used in the present tense include future; words in the singular number include the plural, words in the plural include the singular number; and the word 'used' includes 'arranged, designed or intended to be used'; and the word 'shall' is mandatory. Where measurements are provided in both metric and imperial, and a discrepancy exists between them, metric measurements shall take precedence. P a g e | 8 PART 4 - GENERAL PROVISIONS FOR ALL ZONES These general provisions apply to all zones except where a specific zone or use is specifically exempted. 4.1 PERMITTED AND PROHIBITED USES For the purposes of this By-law if a use is not listed as a permitted use in a zone, or if it is not accessory to a permitted use within the zone it shall be deemed to be a prohibited use in that zone, except where the use is a nonconforming use under Section 238 of the Municipal Government Act. These general provisions apply to all zones except where a specific zone or use is specifically exempted. 4.2 OPEN STORAGE OF FISHING GEAR AND EQUIPMENT Nothing in this By-law shall prevent the open storage of fishing gear and equipment in any yard of any residential use in the Municipality. 4.3 ACCESSORY BUILDINGS AND STRUCTURES 4.3.1 Accessory Buildings and Structures shall be Permitted in any Zone, but shall not: i. be used for human habitation except where a dwelling or tourist cabin is a permitted accessory use; ii. be built closer to the front, rear or side lot line than the minimum distance required by this By-law for the main building; iii. except for seasonal roadside stands, be built closer to the front, rear or side lot line than the existing building is to the said line in cases where the front, rear or side yard is non- conforming; iv. exceed the height of the main building in the Residential Park (RP) Zone; v. in a residential zone, have a ground floor area which exceeds the lesser of 140 m2 or 10% of the lot area. 4.3.2 Reduction of Side and Rear Yards for Buildings Accessory to Residential Uses: Notwithstanding Part 4.3.1.(ii), the minimum side and rear yard requirements for buildings accessory to residential uses in all zones except those accessory buildings used for home occupations referred to in Part 9.2 of this By-law may be reduced to a minimum of 0.6 m (2 ft.) provided there are no windows or perforations on the side of the building which faces the said lot line. 4.4 ACCESSORY USES PERMITTED Where this By-law provides that any land may be used or a building or structure may be erected or used for a purpose, the purpose includes any accessory use. P a g e | 9 4.5 SOLAR PANELS PERMITTED Solar panels shall be permitted in all zones as an accessory use and shall not be considered as part of the height calculation for the building in which they are attached. 4.6 LIGHTING, ILLUMINATION & LIGHT POLLUTION i. Where lighting fixtures are used to illuminate accesses, parking areas, circulation roads and service areas of any commercial or industrial use, such fixtures shall be installed so as not to reflect light upon roads and adjacent residential, institutional and recreational uses. ii. Outside illumination fixtures should be full cut-off fixtures, not emitting any light above a horizontal plane drawn through the bottom of the lighting fixture. Note that properly installed International Dark Sky Association compliant fixtures meets this requirement. iii. Outside illumination fixtures shall use a maximum colour temperature of 2700 kelvin. iv. The following lighting requirements shall apply to non-residential land uses: a. Outdoor illumination fixtures shall have an automated timer and/or motion sensor to prevent the unnecessary transmission of light during the night-time when a premises is not in use. b. The total installed initial luminaire lumens of all outdoor lighting shall not exceed 250,000 Lumens. 4.7 AUTOMOBILE, TRUCK, BUS, COACH BODY, AND BEACHED VESSEL No automobile, truck, bus or coach body, whether or not same is mounted on wheels, or beached vessel shall be used for human habitation within the Municipality except for recreational motor homes and travel trailers located on a lot for not more than 90 days. 4.8 BUILDING TO BE MOVED No building shall be moved within or into the area covered by this By-law without first obtaining a development permit. 4.9 EXISTING BUILDINGS USES Notwithstanding anything else in this By-law, the use of a building existing on a lot on the effective date of this By-law may be changed to a use permitted in the zone in which the lot is located where the: i. lot frontage, front yard, and lot area are equal to or less than the requirements of this By- law, and ii. all other applicable provisions of this By-law are satisfied. 4.10 EXISTING BUILDINGS WITH NON-CONFORMING YARDS Where a building has been erected on or before the effective date of this By-law on a lot having less than the minimum frontage or area, or having less than the minimum front or side yard or rear yard required by this By-law, the building may be enlarged, reconstructed, repaired or renovated provided that: i. the enlargement, reconstruction, repair or renovation does not further reduce the front, side yard or rear yard that does not conform to this By-law; and ii. all other applicable provisions of this By-law are satisfied. P a g e | 10 4.11 EXISTING MAIN BUILDINGS - SUBDIVISION LOTS Notwithstanding anything else in this By-law, in any zone, where lots containing at least one existing main building are to be created from an existing area of land containing two or more such buildings, the following requirements for the existing or proposed use of the building may apply: i. any one or all minimum yard requirements may be waived where they cannot otherwise be met; and ii. the minimum lot frontage requirement may be waived where it cannot otherwise be met provided that: a. the lot frontage shall not be less than 6 m (20 ft); or b. the lot is served by an existing right-of-way; or c. where a new right-of-way is created, the right-of-way shall have a minimum width of 6 m (20 ft). (Note that Nova Scotia Power may require a wider 12 m (40 ft) right-of- way). iii. where it cannot be met, the minimum lot area requirement may be waived where the lot is to be served by central sanitary sewer service; and iv. where it cannot be met, the minimum lot area requirement may be waived where lots are to be served by on-site sewage disposal systems provided that an authorized person in accordance with the Department of the Environment has assessed the lots shown on a final plan or instrument of subdivision and approved the lots for the installation of on-site sewage disposal systems; and v. provided all other applicable provisions and requirements of this By-law are satisfied. 4.12 EXISTING UNDERSIZED LOT USES i. Notwithstanding anything else in this By-law, an existing vacant lot having less than the minimum lot area or frontage or both required by this By-law, may be used for a purpose permitted in the zone in which the lot is located, and a building or structure may be erected on the lot provided that all other applicable provisions in this By-law are satisfied. The lot may also be rezoned subject to meeting all other applicable provisions of the Strategy and By-law. ii. Notwithstanding anything else in this By-law, an existing lot occupied by a permitted use having less than the minimum lot area or frontage or both required by this By-law, may be used for a purpose permitted in that zone, provided the new use has lot width and lot area requirements that are equal to the requirements of the existing building, and all other applicable requirements under this By-law are met. iii. Any existing undersized lot which is increased area or frontage or both, but still remains undersized, shall be considered an existing undersized lot. 4.13 EXISTING BUILDING USES Notwithstanding anything else in this By-law, the use of a building or structure existing on a lot on the effective date of this By-law may be changed to a use permitted in the zone in which the lot is located where the lot area, frontage or front yard, rear yard or side yards, or all of these are less than that required by this By-law provided all other applicable provisions of this By-law are satisfied. P a g e | 11 This provision shall not apply in the following cases: i. No lot shall be considered for rezoning to the LI or HI Zone unless the lot is a minimum of 0.81 hectares (2 acres); ii. New home occupations in existing buildings unless the minimum yard requirements of Part 9.2 of this By-law are satisfied; iii. New light industrial uses in existing buildings in the Coastal Community (CC) Zone unless the minimum yard requirements of this By-law are satisfied; iv. Automotive repair uses in existing buildings in the Mixed Use (MU) Zone unless the minimum yard requirements of the home occupation requirements of this By-law are satisfied. 4.14 MINIMUM FRONT LOT LINE Except for existing lots, the minimum length of a front lot line in any zone shall be 6 m (20 ft.). 4.15 MULTIPLE USES Where any land or building is used for more than one purpose, all provisions of this By-law relating to each use shall be satisfied. Where there is a conflict such as in the case of lot size or lot frontage, the more stringent standard shall prevail. 4.16 NON-CONFORMING USES Non-conforming uses shall be subject to Sections 238 through 242 inclusive of the Municipal Government Act unless otherwise provided for in the Strategy and By-law. 4.17 LOT FRONTAGE AND ACCESS i. Except as otherwise permitted in a particular zone a development permit shall be issued only where the lot or parcel of land intended to be used or upon which a building or structure is intended to be erected abuts and fronts on a public road which is maintained by the Department of Transportation and Infrastructure Renewal. Notwithstanding this provision, single unit residential uses are permitted uses on lots served by private roads and on lots served by right-of-way easements in all zones where dwellings are permitted uses. ii. Where a new lot is created with a new right-of-way, the right-of way shall be a minimum width of 6 m (20 ft). iii. A development permit shall be issued for a development on an existing vacant lot or a new lot created by subdivision where the lot is landlocked by government property or a former railroad right-of-way providing said lot is served by an access over the government lands or former railroad right-of way as provided for in a license or other agreement. This waiver only applies to development on the lot subject to the license or agreement. iv. Additions to or consolidation of lots satisfying the requirements of this section does not alter the ability to develop on the resulting lots. P a g e | 12 4.18 REDUCTION IN LOT AREA AND FRONTAGE Notwithstanding minimum lot area and frontage requirements of this By-law, where a maximum of two lots are created pursuant to the Subdivision By-law, a development permit may be issued where: i. The lot area and frontage or both are not less than 90% of the minimum required by this By-law where the lots are served by a municipal sewer system; or ii. The lot area and frontage or both are not less than 90% of the minimum required by this By-law where the lots are served by on-site sewage disposal systems provided that an authorized person of the Department of the Environment has assessed the lots as shown on a final plan or instrument of subdivision approved the lots for the installation of on-site sewage disposal systems; and iii. Provided that all other applicable provisions and requirements of this By-law are satisfied. 4.19 REMOVAL OF ENCROACHMENTS Notwithstanding anything else in this By-law, where a permanent development component such as a building, structure, well, on-site sewage disposal system or driveway encroaching in or upon one or more immediately adjacent lots is removed as a result of subdivision, any one or more minimum lot requirements may be waived where they cannot otherwise be met and a development permit may be issued for the lots affected by the subdivision provided that all other applicable provisions and requirements of this By-law are satisfied. 4.20 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 in the case of a non-conforming use that the provisions of the Act shall prevail. 4.21 WAIVER FOR COMMERCIAL BUILDINGS Where multi-unit commercial buildings in any zone are separated by party walls in accordance with the Provincial Building Code Act provisions into separate buildings on separate parcels of land capable of being separate real estate entities, the side yard requirements of the By-law between commercial buildings separated by the party wall shall be waived. 4.22 YARD REQUIREMENTS MEASURED FROM WATERCOURSES, SWAMPS AND SLOPES Where in the By-law, a front, side or rear yard is required and part of the area of the lot is usually covered by water or marsh, or is beyond the rim of a river bank or watercourse or is between the top and toe of a cliff or embankment having a slope of thirty percent (30%) or more from the horizontal, the required yard shall be measured from the nearest main wall of the main building or structure on the lot to the edge of said area covered by water or marsh, or to the rim of said river bank or watercourse, or to the top of said cliff or embankment. P a g e | 13 4.23 GROUP DWELLING DEVELOPMENT REQUIREMENTS 4.23.1 GROUP DWELLING USE LOT REQUIREMENTS Each group dwelling development shall meet the following zone standards: Minimum Front Yard 7.6 m (25 ft.) Minimum Rear Yard 7.6 m (25 ft.) Minimum Side Yard 4.5 m (15 ft.) or ½ the building height for group dwellings Minimum Lot Area Per Dwelling Unit Central Sewer: 302 m2 (3,250 sq. ft.) per dwelling unit On-Site Septic: 3,717 m2 (40,000 sq. ft.) per dwelling unit or as Determined by NS Dept. of Environment Minimum Lot Frontage 18 m (20 ft.) Minimum Flanking Yard 7.6 m (25 ft.) Parking See Part 5.1 Maximum Height 7.6 m (25 ft.) Minimum Number of Dwelling Units 3 Maximum Number of Dwelling Units 1 unit per 302 m2 of lot area, to a maximum of 8 units per cluster, up to 30 units per lot 4.23.2 Group Dwelling Development Site Design Space Requirements a) Each cluster of dwellings shall have a common outdoor amenity space to provide a sense of openness and function as a shared backyard for residents. b) Each dwelling unit shall be located within 10 m (32.8 ft) of a common amenity space. c) A system of interior walkways shall connect each dwelling to each other and to the parking area, to the sidewalks abutting any public streets bordering the development. d) Each dwelling shall connect via continuous walkways with a minimum 1.2 m (3.93 ft) width to shared amenity space areas. e) No part of any building in the development can be more than 45 m (147.6 ft) from fire department vehicle access, as measured by a clear path along the ground. 4.23.3 Group Dwelling Development Architectural Requirements a) Units will be designed to have a cottage-like appearance: - Each dwelling must have a different appearance than abutting units. - Tall, skinny dwellings shall be avoided. b) Each building will have a maximum width-to-length ratio of 1:5. c) All detached buildings in the development shall be at least 3 m (9.8 ft.) apart. d) Each dwelling unit shall be clustered around a common open space, with a building's entry and covered porch oriented to the common open space. P a g e | 14 e) Each dwelling abutting a public street shall have a facade, secondary entrance, porch, bay window or other architectural enhancement oriented to the public street. f) It is encouraged that dwelling units have covered front porches at least 6 m2 in area oriented toward the common open space. Any covered front porch does not contribute to the maximum ground floor area of the unit. 4.23.4 Group Dwellings - Existing Detached Single Unit Dwellings Permitted a) An existing detached single unit dwelling that is incorporated into a group dwelling as a residence shall be permitted to remain on a site used for a group dwelling development. It shall count as one dwelling unit unless the existing dwelling exceeds a ground floor area of 120 m2 then it shall count as two dwelling units. 4.23.5 Group Dwellings Garage & Parking Design Requirements a) Attached garages are not permitted to group dwelling units. b) If detached garages are provided they must have a design similar to or compatible with cottages. 4.23.6 Group Dwellings - Community Amenity Buildings Permitted a) Community amenity buildings are permitted as an accessory use in group dwelling 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. 4.23.7 Group Dwellings - No Subdivision within a Cluster Permitted a) A cluster in a group dwelling development may not be subdivided. 4.24 CAMPGROUND REQUIREMENTS Each campground must meet the following requirements: i. It is the intention of this section to prohibit year-round permanent residency and/or occupancy in a campground. Full time occupancy of campsites in a campground shall be permitted between April 1 and December 31 of the same year, however, between January 1 and March 31 they may only be occupied up to 4 consecutive nights after 3 consecutive nights of non-utilization. ii. Every campground shall have provisions for an appropriately designed on-site liquid waste storage facility in the form of a holding tank, septic field, or connection to municipal services for the use of occupants. iii. A campground must have a minimum development ratio of 1:1.5. That is, for each acre of area to be developed for campground sites, 1.5 acres shall be maintained as a natural area or for passive recreational space (such as trails). iv. A vegetated area with a minimum width of 15 m shall screen the full width of any property line between a campsite in a campground and any existing abutting residential property not under common ownership. P a g e | 15 v. Unless otherwise specified herein, every building, structure or campsite, with the exception of signs, shall comply with the lot's minimum zone requirements. No campsite in a campground may be closer than: a) 30 m to the front lot line; b) 15 m from any other lot line; and c) 3 m to an internal access roadway vi. The minimum lot area of a campground shall be the greater of: a) 40,000 square metres; or b) the lot's minimum zone requirements; vii. Every individual campsite in a campground shall have: a) a minimum width or length of 9 metres and a minimum area of 325 square metres; b) a minimum of one parking space located on the lot; and c) clear numbered identification of each campsite space. viii. Service buildings or structures intended for the common use of tourist camps or travel trailer park tenants, or for the administration of these facilities, such as washroom/shower building, office or store, shall be permitted up to maximum of 1,000 square metres provided subsection (iii) is met. ix. A dwelling unit or mobile home shall be permitted when accessory and incidental to the operation of the travel trailer park or tourist camp. Such building or structure shall not be located closer than 3 m to any campsite. x. Designated camping areas shall have access by a lane, road, or driveway having a minimum unobstructed width as follows: a) where two-way traffic is permitted - 7.0 metres; and b) where one-way traffic is permitted - 3.0 metres. 4.25 MINIMUM YARD SETBACK FOR MAIN AND/OR ACCESSORY DWELLINGS WHEN ABUTTING IDENTIFIED WATERCOURSES AND/OR THE OCEANFRONT Where, in the By-law, a front, rear, or side yard for a main or accessory dwelling is required, and property upon which the main or accessory dwelling is located abuts an identified watercourse and/or the oceanfront, the minimum required setback for a front, rear, or side yard, or a combination there of, shall be no less than twenty-five (25) feet and shall not be permitted to be varied. P a g e | 16 PART 5 - PARKING AND LOADING SPACES 5.1 PARKING REQUIREMENTS For every building or structure to be erected or enlarged, used or where there is a change in use to a building or structure, off-road parking located in the same zone and on the same lot as the use and having unobstructed access to a public road or private road shall be provided and maintained in conformity with the following table: Land Use Parking Requirement Residential Use Dwellings containing not more than 4 dwelling units 1 parking space per dwelling unit. Boarding homes, guest homes: 1 parking space for each bed. All other residential uses: 1.5 parking spaces per dwelling unit. Commercial Use Auditoriums, theatres, arenas, halls, stadiums, private clubs and other places of assembly 1 parking space per 9.3 m2 (100 sq. ft.) of gross floor area devoted to public use, excluding hallways, aisles, vestibules, washrooms and closets. Tourist Establishments (Hotels, staff houses, motels, tourist cabins, resorts) 1 parking space per suite or rental unit plus 1 additional parking space for each 4.6 m2 (50 sq. ft.) of floor area devoted to public use (including restaurants, dining rooms and auditoria) exclusive of lobbies and halls. Restaurants, lounges, cabarets, taverns 1 parking space for each 7 m2 (75 sq. ft.) of gross commercial floor area excluding vestibules, washrooms and closets. Offices 1 parking space per 28 m2 (300 sq. ft.) of gross floor area. Funeral homes 1 parking space per 5 seat capacity of the chapel with a minimum of 10 parking spaces. All other commercial uses: 1 parking space per 28 m2 (300 sq. ft.) of commercial floor area. Industrial Use Any Industrial uses: 1 parking space per 42 m2 (450 sq. ft.) of gross floor area of any structure. Institutional Use Churches, halls, and other places of assembly 1 parking space per 9.3 m2 (100 sq. ft.) of gross floor area used for devotional or community assembly. Where both devotional and community assembly spaces are present, the larger of the two areas shall be used for parking calculations. Schools 1.5 parking spaces for each teaching classroom for elementary schools, otherwise 4 parking spaces for each teaching classroom All other institutional uses: 1 parking space per 28 m2 (300 sq. ft.) of floor area. P a g e | 17 5.2 PARKING SPACE AND AREA STANDARDS i. A parking space shall be a minimum of 15 sq. m (160 sq. ft.) in area measuring 2.4 m by 6 m (8 ft. by 20 ft.) exclusive of driveways or maneuvering aisles. ii. Where parking facilities for more than 4 vehicles are required or permitted, the parking area shall be maintained with a stable surface that is treated to prevent the raising of dust or loose particles. iii. Notwithstanding the requirement of Section 5.1 that off-road parking be provided in the same zone, where an existing developed lot in any zone is not capable of providing some or all the required number of parking spaces for the intended use of the building, such spaces shall be permitted in another zone provided the nearest portion be within 91.4 m (300 ft.) of the location which it is intended to serve and provided that all other parking requirements applicable to the existing developed lot zone category are satisfied. In cases where the parking area is immediately adjacent the existing developed lot, the applicable side or rear yard separation distance for parking is waived. 5.3 LOADING SPACE STANDARDS i. In any zone where commercial or industrial uses are permitted, no person shall erect or use any building or structure for commercial or industrial purposes involving the frequent shipping, loading or unloading of persons, animals or goods, unless there is maintained on the same premises with every such building, structure or use, one off-road space for standing, loading and unloading for every 2,787 sq. m (30,000 sq. ft.) or fraction thereof of building floor area used for any such purpose to a maximum of 6 loading spaces. ii. A loading space or spaces shall be located on the same lot and in the same zone as the use and have unobstructed access to a public road or private road. iii. The provision of a loading space for any building with less than 139 sq. m (1,500 sq. ft.) shall be optional. iv. Loading space areas, including driveways leading thereto, shall be constructed of and maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. v. Ingress and egress to and from a required loading space shall be provided by means of unobstructed driveways with a minimum width of 3 m (9.8 ft.) for one-way traffic and a minimum width of 6 m (20 ft.) for two-way traffic. P a g e | 18 PART 6 - GENERAL PROVISIONS FOR COMMERCIAL USES AND RESIDENTIAL DWELLING USES These general provisions shall apply to commercial uses permitted in the MU and CC Zones. 6.1 ACCESS REQUIREMENTS The following access requirements shall apply to commercial uses: i. Public Road Requirement: A development permit for commercial uses shall be issued only where the lot or parcel of land intended to be used or upon which the building or structure is to be erected abuts and fronts upon a public listed and maintained road except where otherwise provided for in the By-law. ii. Access and egress shall be directly onto a public road. iii. Notwithstanding Section 6.1.(i) where the lot abuts and fronts upon a public road and a private road, access and egress may be provided onto the private road provided that written consent for alternate access and egress onto the public road has been given by the authority having jurisdiction over the public road. iv. A minimum of 2 one-way accesses each having a minimum width of 4.25 m (14 ft.) to a maximum of 6 m (20 ft.) or 1 two-way access to a maximum of 12 m (40 ft.) shall be provided where the street line is 49 m (160 ft.) or less and a minimum of 2 two-way accesses each having a minimum width of 8.5 m (28 ft.) to a maximum of 12 m (40 ft.) where the street line is greater than 49 m (160 ft.). v. The following separation distances consisting of a curb, barrier or ditch designed to prevent vehicular access shall be maintained between accesses: a minimum of 15 m (50 ft.) where 2 one-way accesses are provided; a minimum of 30 m (98.4 ft.) where 2 two-way accesses are provided; where 1 two-way access is provided a curb, barrier or ditch designed to prevent vehicular access shall be provided on either side of the access. 6.2 MORE THAN ONE MAIN BUILDING ON A LOT More than one main commercial building may be erected on a lot provided all other provisions and requirements of this By-law for each building are satisfied. 6.3 YARDS FOR COMMERCIAL USES ABUTTING RESIDENTIAL AND INSTITUTIONAL USES The following requirements shall apply where any yard of any commercial use abuts a residential or institutional use in any zone: i. no open storage or outdoor display shall be permitted in the abutting commercial yard. ii. no parking lot or loading spaces shall be permitted in the abutting commercial yard within 6 m (20 ft.) of a side or rear lot line. P a g e | 19 6.4 ACCESSORY DWELLING UNITS i. Accessory dwelling units are only permitted as accessory uses to a Single Detached Dwelling, Semi-Detached or Guest Homes. ii. Accessory dwelling units are not permitted if there is a Heavy Industrial Use on the property. iii. Accessory dwelling units are not subject to the height requirements of accessory buildings. iv. Where permitted in this By-law, accessory dwelling units must comply with the minimum zone requirements, as well requirements shown in the table below: Type of Accessory Dwelling Unit Secondary Suite Garage Suite Garden Suite 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 80 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. This requirement is waived when permit drawings are received by a professional architect. 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. P a g e | 20 PART 7 - GENERAL PROVISIONS FOR INDUSTRIAL USES The following General Provisions apply to industrial uses permitted in the LI, HI, BP, CC, CCI, V, and MI Zones. 7.1 MORE THAN ONE MAIN BUILDING ON A LOT More than one main industrial building may be erected on a lot providing all other provisions of the By- law are satisfied. 7.2 WAIVER OF LOT REQUIREMENTS Where an industrial use or an accessory building thereto is located on a wharf, the lot requirements shall be waived providing that parking or loading spaces are provided within 90 m (300 ft.) of the wharf. 7.3 SCREENING Parking lots, loading spaces, and areas of open storage on lots used for any industrial use shall be screened by buildings, natural landforms, existing or planted vegetation, an opaque fence or combination of any such method of screening so as not to be visible from abutting residential or institutional uses in any zone. 7.4 YARDS ABUTTING RESIDENTIAL AND INSTITUTIONAL USES No exhaust or freezer fan or any other outdoor machinery directly related to any fish or food processing, freezing, lobster tank shop, manufacturing, assembly or warehousing operation whether or not such machinery is attached to any building or structure shall be permitted in the abutting industrial yard. 7.5 ADDITIONAL REQUIREMENTS FOR AUTOMOTIVE MECHANICAL REPAIR USES i. A minimum of eight (8) parking spaces shall be provided for automotive mechanical repair uses up to 93 m2 (1000 sq. ft.) in area. One (1) additional parking space shall be provided for each additional 19 m2 (200 sq. ft.) or fraction thereof of additional floor area above 93 m2. ii. Where parking for an automotive mechanical repair use is provided in side yards which abut a residential lot, screening shall be provided by natural landforms, existing or planted vegetation; an opaque fence or a combination of such method of screening so as not to be visible from abutting residential or institutional uses in any zone. iii. Where lighting fixtures are used to illuminate accesses, parking areas, circulation roads and service areas such fixtures shall be installed so as not to reflect light upon roads and adjacent residential, institutional and recreational uses. P a g e | 21 PART 8 - PROVISIONS FOR WIND TURBINE GENERATORS 8.1 LARGE SCALE WIND TURBINE GENERATORS (SEE DEFINITIONS) i. A Development Agreement is required for a large-scale Wind Turbine Generator. ii. Large Scale Wind Turbine Generators are required to be removed from the site after a period of two years from the date of cessation of electrical power generation of the Wind Turbine Generator. iii. The required separation distance between a Large Scale Wind Turbine Generator and an existing dwelling shall be not less than 1 kilometre (1000 m) excluding a Camp or Seasonal Dwelling. iv. The required separation distance between a Large Scale Wind Turbine Generator and an existing Camp or Seasonal Dwelling shall be not less than 300 metres. 8.2 SMALL SCALE WIND TURBINE GENERATORS (SEE DEFINITIONS) A site-plan approval is required for Small Scale Wind Turbine Generator development. One small scale wind turbine generator is permitted per lot. The criteria to be considered prior to granting site plan approval for Small Scale Wind Turbine Generators are: i. Small Scale Wind Turbine Generators are required to be not less than 200 m (656 ft.) from all existing dwellings. ii. Notification of the site plan approval shall be sent by regular mail to all owners of habitable dwellings within 250 m (820 ft.) of the Wind Turbine Generator. iii. Mitigation of noise, visual impacts, shadow effects, and environment impacts of wind turbines shall be undertaken to minimize any potential negative effects of the development on adjacent uses. iv. All documentation required by the Department of National Defence, Environment Canada, Navigation Canada, Transport Canada, Canadian Coast Guard, and Nova Scotia Department of Natural Resources shall be included in the documentation submitted by the proponent. v. No commercial advertising other than the manufacturer's name shall be permitted on any Wind Turbine Generator or accessory structures. vi. Small Scale Wind Turbine Generators shall be removed from the site after a period of two years from the date of cessation of electrical power generation of the Wind Turbine Generator. 8.3 MICRO SCALE WIND TURBINE GENERATORS (SEE DEFINITIONS) A Development Permit is required to be obtained for a single Micro Scale Wind Turbine Generator on a lot in accordance with the following provisions: i. Minimum yard requirement:  1.25 times total height of Wind Turbine Generator where free standing  1.25 times total height of Wind Turbine Generator from the base of the supporting structure ii. Maximum total height from ground level: 20 m (66 ft.) iii. No advertising other than the manufacturer's name is permitted on any Wind Turbine Generator structures. P a g e | 22 PART 9 - HOME OCCUPATIONS 9.1 HOME OCCUPATION SIZE REQUIREMENTS Home Occupations shall be permitted in any dwelling or accessory building in zones where dwellings are permitted uses except as otherwise noted in this By-law provided: i. The dwelling is occupied as a residence and the external appearance of the dwelling is not changed by the home occupation. ii. The home occupation uses less than 25% of the floor area of the dwelling unit. iii. The home occupation uses an aggregate floor area of less than 50 m2. 9.2 HOME OCCUPATION YARD REQUIREMENTS Notwithstanding any other yard setbacks required by this By-law, the minimum required side and rear yards for an accessory building used for home occupations shall be as follows: i. Side yard 1.8 m (6 ft.); ii. Rear yard 3 m (9.8 ft.); iii. Except tourist cabins as a home occupation shall meet the minimum required side and rear yards for single detached dwellings; and iv. Except for light industrial home occupations shall have minimum required side and rear yard of 6.1 m (20 ft.). 9.3 LIGHT INDUSTRIAL HOME OCCUPATION REQUIREMENTS Notwithstanding Section 9.1 above, outdoor light industrial uses shall be permitted provided: i. No more than 93 m2 (1,000 sq. ft) of the lot can be used for the outdoor home occupation; ii. Outdoor home occupation uses shall not be permitted in the front yard; iii. Outdoor home occupation uses shall be setback a minimum distance of 6.1 m (20 ft.) from side and rear lot lines; iv. Screening shall be provided using natural landforms, existing or planted vegetation, or an opaque fence, or a combination of these methods of screening so as the light industrial outdoor use is not visible from abutting residential, institutional or recreational uses; v. All exterior building and lot lighting shall be directed away from adjacent and abutting residential, institutional, or recreational uses to prevent any nuisance effects from the lighting; and vi. Outdoor home occupation uses shall not generate noise, dust, vibration, or odor beyond what is typically associated with a residential use. P a g e | 23 9.4 AUTOMOTIVE MECHANICAL REPAIR HOME OCCUPATION PERMITTED USE REQUIREMENTS i. Automotive mechanical repair home occupations require a minimum of 4 parking spaces to be provided other than that required for the dwelling for buildings up to 46 sq. m (500 sq. ft.) of total building floor area plus 1 additional parking space for each additional 18.6 sq. m (200 sq. ft.) of net commercial floor area up to a maximum of 8 spaces for a 93 sq. m (1,000 sq. ft.) building. ii. Where parking or outdoor storage for an automotive mechanical repair home occupation is provided in side yards which abut a residential, institutional or recreational lot, screening shall be provided by natural landforms, existing or planted vegetation; an opaque fence or a combination of such method of screening so as not to be visible from abutting residential, institutional or recreational uses. iii. All building and lot lighting used by an automotive repair use shall be directed away from all abutting and adjacent residential, institutional and recreational uses to prevent any nuisance effects from the lighting. P a g e | 24 PART 10 - SPECIAL USES Special Uses are uses permitted on all lots, including lots smaller than the minimum required for the zone, other than lots zoned Coastal Wetland (CW) Zone. Private haulouts and wharfs are permitted as Special uses in the Coastal Wetland (CW) Zone. Notwithstanding the listed permitted uses in each zone, the following special uses are permitted on the above described lots:  Agricultural and forestry uses except fur farms and piggery operations  Cenotaphs and memorials  Christmas tree and outdoor horticultural uses  Outdoor storage of fishing gear and equipment  Driveway accesses or Parking lots  Private storage buildings  Private haul outs and wharfs  Fire ponds and dry hydrants 10.1 SPECIAL USES MINIMUM STANDARDS No development permit for a Special Use, where permitted, shall be issued except in conformity with the following requirements: Minimum Front Yard 6 m (20 ft.) Minimum Flanking Yard 6 m (20 ft.) Minimum Rear Yard 4.5 m (15 ft.) Minimum Side Yard 3.0 m (10 ft.) on both sides Minimum Lot Frontage 6 m (20 ft.) Maximum Height 10.7m (35 ft.) P a g e | 25 PART 11 - ZONES - PERMITTED USES AND ZONE PROVISIONS The table below identifies the land uses permitted within each zone. For conditions associated with the uses, see the specific section referencing that zone. Letters on the table below carry the following meaning:  -- 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  MU - Mixed Use Zone  CCI - Coastal Community Industrial  LI Light Industrial  V - Village  HI - Heavy Industrial  FP - Floodplain  RP - Residential Park  RD - Rural Development  BP - Business Park  MI - Marine Industrial  WF - Pubnico Point Wind Farm  CW - Coastal Wetlands  CC - Coastal Community  WP - Wellhead Protection Residential MU LI HI RP BP WF CC CCI V FP RD MI CW WP MU LI HI RP BP WF CC CCI V FP RD MI CW WP Single-unit dwelling - - - - - - - Semi-detached dwelling - - - - - - Duplex - - - - - - Townhouse dwelling - - DA - - Multi-unit dwelling (Three- to four- unit dwelling building) - - - - - - Multi-unit dwelling (5 to 24 dwellings) DA DA DA DA DA Group dwelling (See Group Dwelling Unit Requirements) SP SP DA SP SP SP Home for Special Care - - - - - P a g e | 26 Mini Home Community DA Dwelling units as accessory uses - - - - - - - - - - Boarding homes - - - - - - - Mobile Home or Mini Home Dwelling - - - - - - - Commercial MU LI HI RP BP WF CC CCI V FP RD MI CW WP Automatic car wash establishment - - - - - - - - Automotive service station - - - - - - - - Clinic - - - - - - - - Commercial uses as accessory to main use - - - - - - - - - - Drive-throughs DA DA DA DA DA DA DA DA Funeral home - - - - - - - - Kennels - - - - - - - Lounge or taverns - - - - - - - - Micro-Brewery Use - - - - - - - - - Micro-Distillery Use - - - - - - - - - Motor vehicle sales establishment - - - - - - - - Office - - - - - - - - - - Outdoor commercial display - - - - - - - - - Pet Day Care - - - - - - - Personal service shop - - - - - - - - Private storage buildings - - - - - - - - Restaurant - - - - - - - - - Restaurant, Evening patio DA DA DA DA DA DA DA DA DA Retail store - - - - - - - - Service shops - - - - - - - - Shopping centres - - - - - - - Strip mall or plaza - - - - - - - Tourist establishment (guest home) - - - - - - - - - Tourist establishment (hotels or motels) - - - - - - - - Tourist establishment (tourist cabin) - - - - - - - - P a g e | 27 Veterinary clinic - - - - - - - - Industrial (Light) MU LI HI RP BP WF CC CCI V FP RD MI CW WP Automotive mechanical repair - - - - DA - - - - Building & construction contractors - - - DA - - - - Building suppliers & equipment rentals - - - DA - - - - Craft alcohol production facility - - - DA - - - Carpentry shops - - - DA - - - - Cold storage freezers - - - DA - - - - Bait freezers - - - DA - - - - Commercial greenhouses - - - - DA - - - - Fish cooler or freezer - - - DA - - - - Fish farms - - DA DA - - - - Heating and/or refrigeration shops - - - DA - - - Heavy equipment storage, maintenance & repair - - - DA - - - Landscaping operations - - - - DA - - - Lobster holding tanks - - DA DA - - - - - Lobster pounds - - DA DA - - - - - Lobster wire trap operations - - - DA - - - - - Marine plant farms - - - DA - - - - Net manufacturing & repair - - - DA - - - - - Nurseries - - - - DA - - - - Plumbing and/or electrical shops - - - DA - - - Recycling depot - - - DA - - - Service industries - - - - - - - - - - Sheet metal shops - - - DA - - - Solar Farm DA - - - - DA - - - - - - - Small engine repair - - - - - - - P a g e | 28 Transportation & trucking use - - - - DA - - - - Warehouse distribution & sales - - - DA - - - - - Wholesale distribution & sales - - - DA - - - - - Manufactured wood products - - - DA - - - Industrial (Heavy) MU LI HI RP BP WF CC CCI V FP RD MI CW WP Abattoirs - DA DA - - Aggregate related - DA DA - - Agricultural related - DA DA - - Asphalt processing plant DA DA - - Boat building & repair shops - DA DA - - - Bulk chemical storage - DA DA - - Bulk petroleum storage - DA DA - - - Cannabis production and/or processing facility, Micro DA - - DA - - Cannabis production and/or processing facility, Standard DA DA DA DA Concrete Product fabrication - DA DA - - Commercial brewery and/or distillery DA DA DA DA DA Fertilizer production - DA DA - - - Fishing and marine related - DA DA - - - Fish processing plant - DA DA - - - Fish reduction plant DA DA Fish composting operations DA - DA Food waste composting DA DA - - Landfills - DA DA - - Marine plant processing operations - DA DA - - - Pelting operation DA DA DA Salvage yards or Scrap Yards DA DA DA DA DA DA DA P a g e | 29 Sand, gravel & topsoil operations DA DA - - Sawmills - DA DA - DA - Welding and/or machine shops - DA DA - - - Institutional MU LI HI RP BP WF CC CCI V FP RD MI CW WP Auditorium - - - - - - Camp, Day - - - - - Campground - - Cemetery - - - - - - Community centres - - - - - - Community Colleges & Universities - - - - - - - Emergency services - - - - - - - - Government buildings - - - - - - - - Historic village - - - - - - Hospitals - - - - - - Libraries - - - - - - Museums - - - - - - - Post offices - - - - - - - Public art gallery - - - - - - Religious institution - - - - - - - Schools - - - - - - Sports complex - - - - - - - Agriculture MU LI HI RP BP WF CC CCI V FP RD MI CW WP Agriculture & Forestry use - - - - - - Fur Farm DA Packing, storing or treating produce use - - - - - Piggery - - - - Recreational MU LI HI RP BP WF CC CCI V FP RD MI CW WP Athletic fields - - - - - - - Camp, Day - - - - - - - Community centres - - - - - - - Golf courses - - - - - - - Indoor & outdoor Recreation Facilities - - - - - - - Motor Vehicle Race Tracks DA DA Nature trails and conservation uses - - - - - - - - - - - - - - Outdoor Rifle Range DA DA Public Parks - - - - - - - - - - - - - - Private club - - - - - - - P a g e | 30 Marine Related MU LI HI RP BP WF CC CCI V FP RD MI CW WP Aquaculture (Indoor and Outdoor) DA - - DA - - Boat haul out DA - Ocean-Oriented Industrial - DA - Sea cucumber processing plant DA - Sport fishing outfitters or tours - - - - - - - - - - Special Uses* (See Part 10) MU LI HI RP BP WF CC CCI V FP RD MI CW WP Agricultural and forestry uses except fur farms and piggery operations - - - - - - - - - - - - - Cenotaphs and memorials - - - - - - - - - - - - - Christmas tree and outdoor horticultural uses - - - - - - - - - - - - - Outdoor storage of fishing gear and equipment - - - - - - - - - - - - - Driveway accesses or Parking lots - - - - - - - - - - - - - Private storage buildings - - - - - - - - - - - - - Private haulouts and wharfs - - - - - - - - - - - - - - Fire ponds and dry hydrants - - - - - - - - - - - - - - Small scale Wind Turbine Generator SP SP SP SP SP SP SP SP Micro scale Wind Turbine Generator - - - - - - - - - - - - - Wind Energy (See Part 8) MU LI HI RP BP WF CC CCI V FP RD MI CW WP Large scale Wind Turbine Generator DA DA DA Wind Farm DA DA DA * indicates uses that is permitted within each zone on small lots (less than 465 sq. m) P a g e | 31 PART 12 - MIXED USE ZONE 12.1 MIXED USE (MU) ZONE STANDARDS In the Mixed Use (MU) Zone, no development permit shall be issued except in conformity with the following requirements, as well as the general requirements of this By-law (see Part 4): Single Detached Dwellings or Semi- detached dwellings For multiple unit residential buildings up to 4 units, including duplexes and townhouses Homes for Special Care Min. Front Yard 7.6 m (25 ft.); except 3.0m (9.8 ft.) for unenclosed patios 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios Min. Rear Yard 7.6 m (25 ft.) 7.6 m (25 ft.) 7.6 m (25 ft.) Min. Side Yard 1.8 m (6 ft.) on one side and 3 m (9.8 ft.) on the other 3 m (9.8 ft.) or ½ the height of the main building, whichever is greater; except 0 m where subdivided along a common wall 4.5 m (15 ft.) or ½ the height of the main building, whichever is greater Min. Lot Area Central Sewer: 604 m2 (6,500 sq. ft.) per dwelling unit On-Site Septic: 3,717 m2 (40,000 sq. ft.) per dwelling unit or as Determined by NS Dept. of Environment Central Sewer: 604 m2 (6,500 sq. ft.) per dwelling unit On-Site Septic: 3,717 m2 (40,000 sq. ft.) per dwelling unit or as Determined by NS Dept. of Environment Central Sewer: 604 m2 (6,500 sq. ft.) per dwelling unit or three bedrooms On-Site Septic: 3,717 m2 (40,000 sq. ft.) per dwelling unit or three bedrooms or as Determined by NS Dept. of Environment Min. Lot Frontage Central Sewer: 6 m (20 ft.) per dwelling On-Site Septic: 30 m (98.4 ft.) per dwelling Central Sewer: 6 m (20 ft.) per dwelling On-Site Septic: 30 m (98.4 ft.) per dwelling 30.5 m (100 ft.) Min. Flanking Yard 7.6 m (25 ft.) 7.6 m (25 ft.) 7.6 m (25 ft.) Max. Building Height 11 m (36 ft) 11 m (36 ft) 11 m (36 ft) Parking See Part 5.1 See Part 5.1 See Part 5.1 Commercial uses Other Permitted Uses Min. Front Yard 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios Min. Rear Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Min. Side Yard 4.5 m (15 ft.) on both sides; except 0 m where subdivided along a common wall 4.5 m (15 ft.) on both sides; except 0 m where subdivided along a common wall Min. Lot Area Central Sewer: 929 m2 (10,000 sq. ft.) On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Central Sewer: 929 m2 (10,000 sq. ft.) On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Min. Lot Frontage Central Sewer: 23 m (75.5 ft.) On-Site Septic: 30 m (98.4 ft.) Central Sewer: 23 m (75.5 ft.) On-Site Septic: 30 m (98.4 ft.) Min. Flanking Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Parking See Part 5.1 See Part 5.1 P a g e | 32 PART 13 - LIGHT INDUSTRIAL (LI) ZONE 13.1 LIGHT INDUSTRIAL (LI) ZONE STANDARDS In the Light Industrial (LI) Zone, no development permit shall be issued except in conformity with the following requirements, as well as the general requirements of this By-law (see also Part 4 and Part 7): Central sewer On-Site Septic Minimum Front Yard 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios Minimum Rear Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Minimum Side Yard 6 m (20 ft.) on both sides; except 0 m where subdivided along a common wall 6 m (20 ft.) on both sides; except 0 m where subdivided along a common wall Minimum Lot Area 929 m2 (10,000 sq. ft.) 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Minimum Lot Frontage 23 m (75 ft.) 23 m (75 ft.) Minimum Flanking Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Parking See Part 5.1 See Part 5.1 13.2 MINIMUM LOT AREA REQUIREMENT Notwithstanding any other requirements of this By-law a minimum lot area of two (2) acres is required for Light Industrial (LI) uses where the lot contains an existing single detached dwelling or is intended to contain such new dwelling. P a g e | 33 PART 14 - HEAVY INDUSTRIAL (HI) ZONE 14.1 HEAVY INDUSTRIAL (HI) ZONE STANDARDS In the Heavy Industrial (HI) Zone, no development permit shall be issued except in conformity with the following requirements, as well as the general requirements of this By-law (see also Part 4 and Part 7): Central sewer On-Site Septic Minimum Front Yard 7.6 m (25 ft.) 23 m (75 ft.) Minimum Rear Yard 7.6 m (25 ft.) abutting vacant lot 23 m (75 ft.) abutting residential lot 15 m (50 ft.) 23 m (75 ft.) abutting residential lot Minimum Side Yard 6 m (20 ft.) abutting vacant lot, or non- residentially zoned lot 23 m (75 ft.) abutting residentially zoned lot 6 m (20 ft.) abutting vacant lot, or non- residentially zoned lot 23 m (75 ft.) abutting residentially zoned lot Minimum Lot Area 929 m2 (10,000 sq. ft.) 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Minimum Lot Frontage 30 m (98.4 ft.) 37 m (121 ft.) Minimum Flanking Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Parking See Part 5.1 See Part 5.1 14.2 MINIMUM LOT AREA REQUIREMENT Notwithstanding any other requirements of this By-law a minimum lot area of two (2) acres is required for Heavy Industrial (HI) uses where the lot contains an existing single detached dwelling or is intended to contain such new dwelling. P a g e | 34 PART 15 - RESIDENTIAL PARK (RP) ZONE 15.1 RESIDENTIAL PARK (RP) ZONE STANDARDS In the Residential Park (RP) Zone, no development permit shall be issued except in conformity with the following requirements, as well as the general requirements of this By-law: All Residential Uses Min. Front Yard 7.6 m (25 ft.); except 3.0m (9.8 ft.) for unenclosed patios Min. Rear Yard 7.6 m (25 ft.) abutting vacant lot Min. Side Yard 1.8 m (6 ft.) on one side and 3 m (9.8 ft.) on the other 3 m (9.8 ft.) on both sides for multi-unit and semi-detached uses; except 0 m where subdivided along a common wall Min. Lot Area Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Min. Lot Frontage 6 m (20 ft.) Min. Flanking Yard 7.6 m (25 ft.) Parking See Part 5.1 Notwithstanding any other yard requirements in this By-law, yard requirements for buildings accessory to residential uses in the RP Zone may be reduced to a minimum of 0.6 m (2 ft.) provided there are no windows or perforations on the side of the building which faces the said lot line and the minimum rear yard may be reduced to a minimum of 3 m (9.8 ft.). P a g e | 35 PART 16 - BUSINESS PARK (BP) ZONE 16.1 BUSINESS PARK (BP) ZONE STANDARDS In the Business Park (BP) Zone, no development permit shall be issued except in conformity with the following requirements, as well as the general requirements of this By-law: Minimum Front Yard 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios Minimum Rear Yard 7.6 m (25 ft.) Minimum Side Yard 6 m (20 feet) on both sides; except 0 m where subdivided along a common wall Minimum Lot Area Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Minimum Lot Frontage 23 m (75 ft.) Minimum Flanking Yard 7.6 m (25 ft.) Parking See Part 5.1 16.2 PUBLIC ROAD FRONTAGE REQUIREMENT A development permit shall be issued only where the lot or parcel of land intended to be used or upon which the building or structure is to be erected abuts and fronts upon a public road. P a g e | 36 PART 17 - PUBNICO POINT WIND FARM (WF) ZONE 17.1 PUBNICO POINT WIND FARM (WF) ZONE STANDARDS In the Pubnico Point Wind Farm (WF) Zone, no development permit shall be issued except in conformity with the following requirements, as well as the general requirements of this By-law: Minimum Front Yard 7.6 m (25 ft.) Minimum Rear Yard 7.6 m (25 f.t) Minimum Side Yard 4.5 m (15ft.) on both sides Minimum Lot Area Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Minimum Lot Frontage 6 m (20 ft.) Minimum Flanking Yard 7.6 m (25 ft.) Parking See Part 5.1 17.2 MINIMUM SEPARATION DISTANCE Notwithstanding any other requirements in this By-law the minimum separation distance between wind turbine generators in the Pubnico Point Wind Farm (WF) Zone and any existing dwelling shall be 285 m (935 ft.). P a g e | 37 PART 18 - COASTAL COMMUNITY (CC) ZONE 18.1 COASTAL COMMUNITY (CC) ZONE STANDARDS In the Coastal Community (CC) Zone, no development permit shall be issued except in conformity with the following requirements, as well as the general requirements of this By-law: All Residential Uses Commercial Uses and Industrial Uses All Other Permitted Uses Min. Front Yard 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios Min. Rear Yard 7.6 m (25 ft.) abutting vacant lot 7.6 m (25 ft.) 7.6 m (25 ft.) Min. Side Yard Single Detached and Duplex uses: 1.8 m (6 ft.) on one side and 3 m (9.8 ft.) on the other Multi-unit, townhouse and semi-detached uses: 3 m (9.8 ft.) on both sides; except 0 m where subdivided along a common wall For Commercial Uses: 4.5 m (15 ft.) on both sides; except 0 m where subdivided along a common wall For Light Industrial Uses: 6 m (20 ft.) on both sides; except 0 m along a common wall 4.5 m (15 ft.) on both sides; except 0 m where subdivided along a common wall Min. Lot Area Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Min. Lot Frontage 6 m (20 ft.) 23 m (75 ft.) 6 m (20 ft.) Min. Flanking Yard 7.6 m (25 ft.) 7.6 m (25 ft.) 7.6 m (25 ft.) Parking See Part 5.1 See Part 5.1 See Part 5.1 18.2 SPECIAL VARIATIONS FOR NONCONFORMING STRUCTURES RELATED TO LIGHT INDUSTRIAL USES Pursuant to the Municipal Government Act the following special variations shall apply: Any alteration, enlargement or expansion of use in the case of an existing nonconforming use or nonconforming structure shall be permitted provided said alterations don't further reduce any yard which doesn't conform to this By-law, and providing all other provisions of this By-law are satisfied. Where a nonconforming building or structure is destroyed by fire or otherwise to the extent of more than 75% of its market value above its foundation, said building or structure may be reconstructed substantially the same as it was before destruction or damage and may be used for the same purpose or a use permitted in the CC Zone. This clause shall not apply where the building or structure is demolished. P a g e | 38 18.3 HISTORIC VILLAGES - MORE THAN ONE MAIN BUILDING More than one main building or structure shall be permitted on a lot used for a Historic Village use provided all other provisions of the By-law are satisfied. 18.4 WIND ENERGY DEVELOPMENT WITH FRONTAGE ON A PUBLIC ROAD A development permit for large scale wind turbine generators or wind farms may be issued on a lot without frontage on a public road provided proof of secured access can be demonstrated. P a g e | 39 PART 19 - COASTAL COMMUNITY INDUSTRIAL (CCI) ZONE 19.1 COASTAL COMMUNITY INDUSTRIAL (CCI) ZONE STANDARDS In the Coastal Community Industrial (CCI) Zone, no development permit shall be issued except in conformity with the following requirements, as well as the general requirements of this By-law: Commercial Uses and Industrial Uses Any Other Uses Min. Front Yard 23 m (75 ft.) As per the requirements of the Coastal Community CC) Zone. Min. Rear Yard 15 m (50 ft.) 23 m (75 ft.) abutting residential lot Min. Side Yard 6 m (20 ft.) abutting vacant or non-residentially zoned lot 23 m (75 ft.) abutting residentially zoned lot Min. Lot Area Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Min. Lot Frontage 23 m (75 ft.) Min. Flanking Yard 7.6 m (25 ft.) Parking See Part 5.1 19.2 SCREENING REQUIREMENTS FOR OUTDOOR HEAVY INDUSTRIAL USES Outdoor heavy industrial uses including landfill, food waste composting, construction and demolition debris operations, scrap yards and salvage yards, and sand, gravel, topsoil operations shall be screened by natural landforms, existing or planted vegetation, an opaque fence or a combination of such screening so as not to be visible from the travelling public or abutting residential, institutional, commercial or recreational uses in any zone. 19.3 SPECIAL VARIATIONS FOR NONCONFORMING STRUCTURES AND USES IN THE CCI ZONE Pursuant to the Municipal Government Act the following special variations shall apply: i. Nonconforming buildings or structures containing a use permitted in the CCI Zone are deemed conforming. ii. Any alteration, enlargement or extension in the case of 19.3.(i) shall be permitted provided said changes do not further reduce any yard that does not conform to this By-law, and all other provisions of the By-law are satisfied. iii. Any alteration, enlargement or expansion of use in the case of an existing nonconforming use or nonconforming structure shall be permitted provided said alterations do not further reduce any yard which does not conform to this By-law, and providing all other provisions of this By-law are satisfied. P a g e | 40 iv. Where a nonconforming building or structure is destroyed by fire or otherwise to the extent of more than 75% of its market value above its foundation, said building or structure may be reconstructed substantially the same as it was before destruction or damage and may be used for the same purpose or a use permitted in the CC Zone. This clause shall not apply where the building or structure is demolished. P a g e | 41 PART 20 - VILLAGE (V) ZONE 20.1 VILLAGE (V) ZONE STANDARDS In the Village (V) Zone, no development permit shall be issued except in conformity with the following requirements: Single Unit Dwelling Semi-Detached Dwellings & Multiple Unit Dwellings Minimum Front Yard 7.6 m (25 ft.); except 3.0 m (9.8 ft.) for unenclosed patios 7.6 m (25 ft.) per dwelling unit; except 3.0 m (9.8 ft.) for unenclosed patios Minimum Rear Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Minimum Side Yard 1.8 m (6 ft.) on one side and 3 m (9.8 ft.) on the other 3 m (9.8 ft.) on both sides; except 0 m where subdivided along a common wall Minimum Lot Area Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Minimum Lot Frontage 6 m (20 ft.) 7.6 m (25 ft.), Except that each Semi- Detached Dwellings may be subdivided to have a frontage of 6m. Minimum Flanking Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Parking See Part 5.1 See Part 5.1 Maximum Number of Joined Dwelling Units 1, plus an one accessory dwelling unit 4 All Commercial and Industrial Uses Institutional Uses & All Other Uses Minimum Front Yard 7.6 m (25 f.t); except 3.0m (9.8 ft.) for unenclosed patios 7.6 m (25 ft.) Minimum Rear Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Minimum Side Yard 4.5 m (15 ft.) on both sides; except 0 m where subdivided along a common wall 4.5 m (15 ft.) on both sides Minimum Lot Area Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Minimum Lot Frontage 23 m (75 ft.) 6 m (20 ft.) Minimum Flanking Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Parking See Part 5.1 See Part 5.1 P a g e | 42 PART 21 - FLOODPLAIN (FP) ZONE 21.1 PERMITTED DEVELOPMENT The Floodplain (FP) Zone is an area within the Village (V) Zone in Quinan which was identified in the Municipality as of March 9, 2010 as an area susceptible to flooding. In the Floodplain (FP) Zone, no development permit shall be issued except in conformity with the requirements of the zone standards of the Village (V) Zone requirement and the requirements of this part. 21.2 DANGEROUS STORAGE OR POTENTIAL LEACHATES PROHIBITED Any development engaged in the production, wholesale storage, or distribution of dangerous goods or, the storage of goods which would create significant environmental or health risks if exposed to flood waters are prohibited in the FP Zone. Businesses or storage facilities intended to hold liquid or gaseous hydrocarbons are prohibited in the FP Zone. 21.3 FLOODPROOFING REQUIREMENTS All new buildings, reconstruction or additions to buildings in the FP Zone used for human habitation must be flood proofed, and the following requirements met: i. An Environmental Study has been completed by a qualified Nova Scotia engineer in conformance with the format outlined in Appendix A and clearly shows that there will be no increase in flood elevation affecting other lands or areas; ii. The minimum height of the new building slab shall be equal to 0.1 m above the highest established FP Zone elevation on the property; iii. Basements shall not be permitted and any proposed buildings shall be built with a slab at grade; and iv. After the footing stage of construction, the property owner shall provide the Development Officer with a location certificate prepared by a Professional Surveyor indicating, in addition to the location of the buildings or structures on the lot, the minimum slab level. 21.4 RESTRICTIONS ON ALTERING LAND LEVELS Significant alteration of topography means cutting or filling of more than 10% of the lot area zoned FP or in excess of 93 m2 of FP zoned land, whichever is more stringent. Placing fill or significant alteration of topography shall not be permitted in the FP Zone unless: i. Fill material used shall not consist of waste products or refuse, such as auto bodies, garbage, or wood fibre waste. ii. An environmental study conforming to the format in Appendix A has been conducted and clearly shows that there will be no increase in flood elevation affecting other lands or areas, and no impairment of flood flows, flood water storage or ice passage and no constriction likely to cause ice jamming that will deleteriously affect development on adjacent properties. iii. Non-structural agriculture or gardening, non-structural recreation uses, road and utility construction and impoundments for fire fighting purposes are not subject to this requirement. P a g e | 43 PART 22 - RURAL DEVELOPMENT (RD) ZONE 22.1 RURAL DEVELOPMENT (RD) ZONE STANDARDS In the Rural Development (RD) Zone, no development permit shall be issued except in conformity with the following requirements: Single Unit Dwellings Semi-Detached Dwellings, Townhouse Multiple Unit Dwellings & Institutional Uses Minimum Front Yard 7.6 m (25 f.t); except 3.0m (9.8 ft.) for unenclosed patios 7.6 m (25 ft.) per dwelling unit; except 3.0 m (9.8 ft.) for unenclosed patios Minimum Rear Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Minimum Side Yard 1.8 m (6 ft.) on one side and 3 m (9.8 ft.) on the other 3 m (9.8 ft.) on both sides; except 0 m where subdivided along a common wall Minimum Lot Area Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Minimum Lot Frontage 6 m (20 ft.) 6 m (20 ft.), Except that each Semi- Detached Dwellings may be subdivided to have a frontage of 6m. Minimum Flanking Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Parking See Part 5.1 See Part 5.1 Maximum Number of Joined Dwelling Units 1, plus an one accessory dwelling unit 4 All Commercial and Light Industrial Uses All Heavy Industrial uses Minimum Front Yard 7.6 m (25 ft.); except 3.0m (9.8 ft.) for unenclosed patios 23 m (75 ft.) Minimum Rear Yard 7.6 m (25 ft.) 15 m (50 ft.) 23 m (75 ft.) abutting residential lot Minimum Side Yard 4.5 m (15 ft.) on both sides 6 m (20 ft.) abutting vacant lot 23 m (75 ft.) abutting residential lot Minimum Lot Area Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Minimum Lot Frontage 23 m (75 ft.) 37 m (121 ft.) Minimum Flanking Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Parking See Part 5.1 See Part 5.1 22.2 WIND ENERGY DEVELOPMENT WITHOUT FRONTAGE ON A PUBLIC ROAD A development permit for a Large Scale Wind Turbine or Wind Farm may be issued on a lot without frontage on a public road provided proof of secured access can be demonstrated. P a g e | 44 PART 23 - MARINE INDUSTRIAL (MI) ZONE 23.1 MARINE INDUSTRIAL DEVELOPMENT (MI) ZONE STANDARDS In the Marine Industrial (MI) Zone, no development permit shall be issued except in conformity with the following requirements: Requirements for Lots which abut the boundary of a zone other than MI Requirements for Lots which only abut lots Zoned MI Minimum Front Yard 23 m (75 ft.) 7.6 m (25 ft.) Minimum Rear Yard 15 m (50 ft.) 23 m (75 ft.) abutting residential lot 7.6 m (25 ft.) Minimum Side Yard 6 m (20 ft.) abutting vacant or non- residentially zoned lot 23 m (75 ft.) abutting residentially zoned lot 4.5 m (15 ft.) on both sides Minimum Lot Area Using Central Sewer: 2,700 m2 (29,000 sq. ft.) Using On-Site Septic: 3,715 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Using Central Sewer: 2,700 m2 (29,000 sq. ft.) Using On-Site Septic: 3,715 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Minimum Lot Frontage 37 m (121 ft.) 23 m (75 ft.) Minimum Flanking Yard 7.6 m (25 ft.) 7.6 m (25 ft.) Parking See Part 5.1 See Part 5.1 23.2 COASTAL FLOODING - ENVIRONMENTAL SAFETY - MCCAP Owners and operators of Marine Industrial properties and Harbour Authorities can reference Schedule A and Schedule B in the Municipal Climate Change Action Plan (MCCAP) which provide mapping showing those areas in the Municipality which have been or could be susceptible to coastal flooding during storm surge weather events. Potential risks to infrastructure and the coastal environment, especially where petroleum products and/or chemical products are present could warrant removal of vulnerable infrastructure in advance of storm events. 23.3 ZONE STANDARDS RESPECTING MI USES ON LEASED LAND Where permitted uses are developed on leased land within the MI Zone, and where the leased subject land abuts similar leased lands the following applies: all building setbacks, yard areas and other building structure standards shall not be determined by this By-law, however all other Provincial and Federal statutes and regulations which address building and structure positions relative to property lines and other buildings and structures shall prevail. This waiver from By-law requirements also includes areas of open storage on the subject lot. P a g e | 45 PART 24 - COASTAL WETLANDS (CW) ZONE 24.1 COASTAL WETLANDS (CW) ZONE STANDARDS In the Coastal Wetlands (CW) Zone, no development permit shall be issued except in conformity with the following requirements, as well as the general requirements of this By-law: All Other Permitted Uses Min. Front Yard 7.6 m (25 ft.) Min. Rear Yard 7.6 m (25 ft.) Min. Side Yard 4.5 m (15 ft.) on both sides Min. Lot Area Using Central Sewer: 929 m2 (10,000 sq. ft.) Using On-Site Septic: 3,717 m2 (40,000 sq. ft.) or as Determined by NS Dept. of Environment Min. Lot Frontage 6 m (20 ft.) Min. Flanking Yard 7.6 m (25 ft.) Parking See Part 5.1 24.2 PERMITTED DEVELOPMENTS The following uses shall be permitted in the Coastal Wetlands (CW) Zone:  Conservation related projects  Private haulouts and wharfs  Public parks and nature trails P a g e | 46 PART 25 - WELLHEAD PROTECTION (WP) ZONE 25.1 PROHIBITED DEVELOPMENTS The following uses shall be prohibited in the Wellhead Protection (WP) Zone:  All heavy industrial uses  Automobile service stations  Agriculture or forestry uses involving the use of herbicides, pesticides, outdoor aquaculture, or the chemical treatment of timber resources.  Any business development or storage facility intended to hold liquid or gaseous hydrocarbons; except heating fuel used to heat buildings on the site.  Manure storage facilities or sewage lagoons  Hazardous waste storage facilities  Pits and Quarries  Landfills or recycling facilities  Commercial or industrial uses involving processes or storage or use of equipment using petroleum products or hazardous chemicals (e.g. dry cleaners, photo labs, machine shops, furniture strippers) 25.2 NO LEACHATE PERMITTED No use of land is permitted which results in the escape or disposal of a waste product which would constitute a toxic substance harmful to the sustained purity and flow of water in the aquifer or associated wells. 25.3 EXCAVATION AND CONSTRUCTION IN WP ZONE During any excavation or construction project undertaken within the WP Zone the owners or contractors shall employ adequate sedimentation retention measures to prevent any contamination of wells. P a g e | 47 PART 26 - DEFINITIONS In this By-law, all words shall carry their customary meaning except for those defined in this Part. Accessory Building means a subordinate building or structure on the same lot as the main building devoted exclusively to an accessory use. Accessory Use means a use subordinate and naturally, customarily and normally incidental to and exclusively devoted to a main use of land or buildings and located on the same lot. Act means the Municipal Government Act, Chapter 18 of the statutes of Nova Scotia, 1998 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, including the marketing of agricultural products on the farm property at an accessory farm sales outlet. Cannabis Production and/or Processing Facilities for cannabis are not included in the definition of Agricultural Use. Alter means any change in the structural component of a building, or any increase in the volume of a building or structure. Aquaculture, Indoor means the practice of hatching, raising and breeding fish or other aquatic plants or animals for sale, processing or personal use within a building or structure; and that such practices are kept separate from natural systems to avoid the introduction of farmed species into the natural environment. Aquaculture, Outdoor means the practice of hatching, raising and breeding fish or other aquatic plants or animals for sale, processing or personal use within a controlled area that is not within a building or structure; and that such practices are kept separate from natural systems to avoid the introduction of farmed species into the natural environment. Automobile Service Station means a building or part of a building or a clearly defined space on a lot used for the retail sale of lubricating oils and gasolines and may include the sale of automobile accessories, electricity for the purpose of charging and operating vehicles, and the servicing and minor repairing of motor vehicles and may include an automobile carwash or convenience store, or both. Basement or Cellar means that portion of a building below the ground floor which is all or partly underground and which has at least ½ its height from ground floor to the first floor joists above established grade. Bed and Breakfast (see Guest Home) Boarding House means a dwelling in which the proprietor supplies either room or room and board for compensation for more than 2 but not more than 10 residents inclusive of the lessee or owner and family and which is not open to the general public. P a g e | 48 Building means any structure whether temporary or permanent, used or built for the shelter, accommodation or enclosure of persons, animals, material or equipment and includes any awning, bin, bunk, platform, vessel or vehicle used for any of the said purposes. Build Height (see Height) Building Line means any line regulating the position of a building or structure on a lot. Camp means a building or structure intended to provide basic shelter for a person engaged in hunting, fishing, or other recreational activities on an occasional or seasonal basis in a remote location and not satisfying the requirements for a dwelling under the National Building Code. Camp, Day a land and building complex designed or used for group sport, recreational or cultural activities which may have facilities for sleeping and the preparation and serving of food, operated on a temporary or seasonal basis by a church, service club, YMCA, youth club such as the Girl Guides and Scouts and organizations of a similar nature. Campground means an area of land for the temporary seasonal accommodation of travel trailers, motorized homes, and tents used for travel, recreational and vacation purposes on two or more campsites but does not include a mini home community. Campsite shall mean a portion of land in a Campground designed and intended for accommodation of one (1) booking for up to an average occupancy of 6 persons sheltered in a travel trailer, motorized home, semi-permanent tent (such as a yurt) or three (3) pieces of shelter equipment in some combination of readily movable tents or trailers used for travel. Cannabis Production and/or Processing Facility, Micro means a facility which is licensed under a micro-cultivation and/or micro-processing license by the Government of Canada where cannabis products are grown and/or produced or processed or stored for medical or recreational use. Cannabis Production and/or Processing Facility, Standard means a facility which is licensed by a standard cultivation license, nursery licence, or standard process license by the Government of Canada where cannabis products are grown and/or produced or processed or stored for medical or recreational use. Clinic means a building or part of a building used for the medical, dental, surgical or medical treatment of human beings, but does not include a public or private hospital or a professional office of a doctor located in his/her residence. Commercial Alcohol Production Facility means a Commercial Brewery or a Commercial Distillery: a) Commercial Brewery means a manufacturer of beer, where the primary business function is to sell packaged product to the NSLC and thence to retail liquor stores or for export, and which manufactures 15,000 hectolitres or more of beer per year. b) Commercial Distillery means a distillery, where the primary business function is to sell packaged product to retail liquor stores or for export, and which manufactures 150,000 litres per year of liquor, spirits or similar products, other than beer, cider, or wine. Commercial Building means a building from which one or more businesses are carried on. P a g e | 49 Craft Alcohol Production Facility means a Craft Brewery or a Craft Distillery: a) Craft Brewery means a craft brewery primarily engaged in the production and packaging of less than 15,000 hectoliters per year of speciality or craft beer, ale, wine, cider or similar other non-spirits per year (no distillation). The facility may include accessory uses such as retail sale, wholesale, tours and events/hospitality room, where beverages can be sampled. b) Craft Distillery means a craft distillery primarily engaged in the production and packaging of less than 150,000 liters per year of liquor, spirits or similar products, other than beer, cider, or wine. The facility may include accessory uses such as retail sale, wholesale, tours and events/hospitality room, where beverages can be sampled. Development includes any erection, construction, alteration, replacement or relocation of or addition to any structure and any change or alteration in the use made of land or structures. Development Permit is a permit required by this By-law prior to undertaking any development regulated by the By-law. Development Agreement means an agreement made pursuant to the provisions of the Act, the Argyle Municipal Planning Strategy and this By-law. Development Officer means the Municipal employee appointed by the Municipality in accordance with the Act and charged with the duty of administering the provisions of this By- law. Domestic and Household Arts includes arts and crafts, dressmaking, tailoring, hairdressing and barbershop, beauty salon, catering service, instruction in music, dancing, fitness, art, craft, or otherwise making or repairing garden or household ornaments, articles of clothing, personal effects, toys and similar uses to the foregoing. Drive-Through means premises that include a designated on-site queueing area for motor vehicles that is separated from other vehicle traffic and pedestrian circulation by barriers, markings, or signs, which provide or dispense products or services using an attendant, window, or automated machine to customers in motor vehicles, and excludes a car wash. Driveway means a vehicular passageway having at least one end thereof connected to a public or private road, and providing ingress to and/or egress from a lot that abuts and fronts upon such roads or is landlocked. Duplex means a building on a single lot that is divided vertically into 2 dwelling units each of which has an independent entrance. Dwelling means a building, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons containing one or more dwelling units but shall not include a travel trailer, recreational vehicle, motor home, school bus or trailer otherwise designed. Dwelling, Group means 2 or more dwellings units which are contained within 2 or more buildings located on a lot under one ownership but shall not include a mini home community. Each building may not have more than two attached dwelling units. Dwelling, Mobile Home or Mini Home means a single dwelling unit in a building designed and manufactured to be transported on its own chassis, certified to comply with the CAN/CSA- Z240 Series P a g e | 50 regulations and is equipped for year round occupancy but shall not include a travel trailer, recreational vehicle, school bus, motor home or trailer. Dwelling, Seasonal means a cottage or secondary residence used from time to time throughout any season of the year but not used or intended to be used for year-round occupancy or as a principal residence. Dwelling, Semi-Detached means a building that is divided vertically into 2 dwelling units each of which has an independent entrance. Individual dwelling units within semi-detached dwellings are divided by a property line between the units and are separate real estate entities. Dwelling, Single Detached means a completely detached dwelling unit and shall include a cabin, cottage or seasonal dwelling. Dwelling Unit means one or more habitable rooms designed or intended for use by one or more individuals as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the exclusive use of such individual or individuals, with a private entrance from outside the building or from a common hallway or stairway inside the building. Erect means to build, construct, reconstruct, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling, or draining, or structurally altering any existing building or structure by any addition, deletion, enlargement or extension. Established Grade means with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building exclusive of any artificial embankment or entrenchment or when used with reference to a structure which is not a building shall mean the average elevation of the finished grade of the ground immediately surrounding such structures exclusive of any artificial embankment or entrenchment. Existing means legally existing as of the effective date of this By-law. Forestry means a use involved in the production of timber, pulp, Christmas trees, and other commercial silviculture operations. Fish Composting Operation means any operation conducted in a building or part of a building or the use of land where fish offal, whole or parts of fish, fish by-products or any combination thereof is mixed with other organic material to produce a compost but does not include a fish reduction plant. Fish Processing means any operation where fish or shellfish or fish or shellfish products are used or stored on a site in any manner or function. Fish Reduction Plant means a building or part of a building where fish offal, whole or parts of fish or any combination thereof is rendered into fish meal, fertilizers, a slurry or other by-product but does not include a fish composting operation. Floor Area, Net Commercial means the total floor area within a building used for commercial purposes but excludes washrooms, furnace and utility rooms and common malls between stores. P a g e | 51 Floor Area, Dwelling means the total floor area contained within the outside walls of a building excluding any private garage, porch, verandah, sunroom, unfinished attic or basement and cellar or other room not habitable at all seasons of the year. Floor Area, Dwelling Unit where more than one dwelling unit is contained within a building, means the maximum floor area contained within the finished wall surfaces of an individual dwelling unit, excluding closets, built-in cabinets and storage areas, and balconies. Floor Area, Home Occupation means the total floor area above or below grade within the outside walls of a dwelling and/or an accessory building used for said purpose. Fur Farm means any operation where one or more males and females of any fur bearing animal species, unless such are neutered or spayed, are confined to an enclosed structure for feeding, breeding or holding for production purposes or for pelts or for future sale. A fur farm may also include any single dwelling directly related to the management and/or operation of a fur farm and and/or designated to accommodate the farm owner and family or any employees of the farm owner and their families. Guest Home means a dwelling in where the proprietor supplies either room or room and board for compensation on a temporary basis and which is open to the travelling public. Height means the vertical distance of a building or structure between the established grade and a) the highest point of any part of the structure or the roof surface or the parapet, whichever is the greater, of a flat roof; b) the deck line of a mansard roof; or c) the mean level between eaves and ridges of a gabled, hip, gambrel or other type of pitched roof; but shall not include any construction used as ornament or for the mechanical operation of the building, a mechanical penthouse, chimney, tower, cupola or steeple. Figure 1: Building Height This illustration is for reference only, and does not form part of this By-law P a g e | 52 Historic Village means the use of lands, buildings and structures arranged and developed as a village setting for the purpose of promoting, preserving and displaying culture and heritage and may include a visitor centre; historic buildings and structures or their reproductions; commercial uses; historic agricultural and fishery uses and activities; places of indoor or outdoor entertainment, recreation and assembly, arts and crafts production and demonstration, walkways; guided tours; and uses and activities of a similar nature which is open to the general public and which is owned and operated by a society registered pursuant to the Society's Act of Nova Scotia. Homes for Special Care means a building or part of a building wherein care, supervision and programs are provided to persons who are physically, mentally or socially handicapped and without limiting the generality of the foregoing, shall include homes for the aged, licensed nursing homes, residential care facilities, regional rehabilitation centres, adult residential centres, community based residential facilities or facilities of a similar nature as may be defined by the Nova Scotia Homes for Special Care Act or other Provincial statute. Home Occupation means an accessory use of a dwelling or an accessory building thereof for gainful employment and shall include either any commercial use, business or professional offices, domestic and household arts. Hotel or Motel means a building or buildings or part thereof used to accommodate the travelling public for compensation by supplying them with sleeping accommodation with or without meals but without private cooking facilities. Industrial, Heavy means a use engaged in the basic process and manufacture of material or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions and includes but not necessarily limited to alcohol production facilities greater than craft alcohol production facilities; abattoirs; aggregate related industries; agricultural related industries; asphalt processing plants; bulk chemical storage; bulk fuel storage; Cannabis production and/or processing facilities; concrete component manufacturing; fertilizer production, mixing and blending; fishing and marine related industries such as fish processing plants, fish reduction plants, fish composting operations, marine plant processing operations, boat building and repair shops; sawmills, scrap yards, salvage yards; landfills, food waste composting, construction and demolition debris operations; welding and/or machine shops; and uses similar to the foregoing. Industrial, Light means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products and includes but not necessarily limited to Craft Alcohol Production Facilities; building and construction contractors; building supplies and equipment sales; cold storage facilities, bait freezers; commercial greenhouses, heavy equipment storage and maintenance; recycling depots; sheet metal shops; transportation and trucking; warehousing; wholesale distribution and sales; lobster pounds; fish farms; marine plant farms; and uses similar to the foregoing but does not include a welding and/or machine shop. P a g e | 53 Industry, Ocean-Oriented means any industrial uses requiring direct access to the salt water, including the construction, maintenance and repair of marine vessels, marine research, handling and storage of bulk container and general cargo, recreational uses, commercial fishing or tour uses, and any uses accessory to the foregoing. Initial Luminaire Lumens is calculated as the sum of the initial bulb/tube lumen ratings for all bulbs/tubes within outdoor luminaires. The lumen rating of a luminaire assumes the bulbs/tubes is new and have not depreciated in light output. Institutional Use means a building or part of a building used as an auditorium, church and other religious institution including cemeteries; public art galleries, community centres, government buildings (federal, provincial and municipal excluding provincial liquor stores), hospitals, libraries, museums, homes for special care, schools, sports complex, post offices, emergency services and uses of a similar nature. Kennel means premises used for: (a) the keeping of more than two dogs for the purposes of commercial breeding or sale; (b) the overnight boarding of dogs, excluding veterinary clinic purposes; (c) the commercial training of dogs; or (d) the shelter of stray or abandoned animals. For the purpose of lot standards, Kennels shall be classified as a light industrial use. Landscaping Operations means premises used for the exclusive purposes of providing landscape contracting services, including the incidental storage of landscaping equipment, and may include the accessory growing of plants, but shall not include a nursery. Loading Space means an area of land provided and maintained upon the same lot or lots upon which the main use is located and which area: a) is suitable for the temporary parking of one 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; b) does not include any portion of a public or private road right-of-way; c) has adequate access to permit ingress and egress by means of driveways, aisles, manoeuvring areas or similar areas, no part of which shall be used for the temporary parking or storage of one or more motor vehicles. Lot means a parcel of land described in a deed or as shown on a registered plan of subdivision. Lot Area means the total horizontal area within the lot lines of a lot. Lot Depth means the horizontal distance between the front and rear lot lines; where these lot lines are not parallel, the lot depth shall be the length of a line joining the mid-points of the front and rear lot lines. Lot Frontage means: a) the length of a straight line (a) measured between the side lot lines (b) which is, as close as practicable, parallel to the front lot line (c) and which is at a depth equal to or greater than the minimum required front yard (d); and P a g e | 54 b) where there is a curve in the road, straight line (a) shall be measured between points on the side lot lines (b) which points are at a depth equal to or greater than the minimum required front yard (d) and, in no case, shall any point along line (a) be less than the minimum required front yard (d). c) in the case of an existing undersized lot, the length of straight line (a) shall be measured, as close as practicable, to the minimum required lot frontage as determined by clause (a) or (b) except: i) where straight line (a) is equal in length at every point between the lot, the depth of straight line (a) need be no greater than the minimum required front yard (d); or ii) where the depth of the front yard as determined by straight line (a) would not permit development, the depth of straight line (a) may be reduced to the extent necessary and practical to permit the development. In no case shall the depth be less than the minimum required front yard. Figure 2: Lot Frontage Lot, Corner means a lot situated at the intersection of and abutting on two or more public roads, private roads, or any combination thereof. The shorter lot line shall be deemed the front lot line of the said lot. Lot, Flag or Minimum Lot Frontage means a lot which generally resembles a flag on a pole where the pole, a narrow prolongation to serve as an access corridor extending from a public road or private road to the flag or main body of the lot which is generally located at the rear of another lot. Lot, Interior means a lot situated between two lots and having access to one public road, private road, or right-of-way. Lot, Island or Waterfront means a lot which does not abut or have access to a public road, private road, or right-of-way. P a g e | 55 Lot, Through means a lot bounded on two opposite sides by a public road or private road provided, however, that if any lot qualifies as being both corner lot and a through lot as herein before defined, such lot shall be deemed to be a corner lot for the purpose of this By-law. Figure 3: Lot Type This illustration is for reference only, and does not form part of this By-law Lot Line means a boundary line of a lot. Lot Line, Flanking means a side lot line which abuts the public road, private road on a corner lot. Lot Line, Front means the line dividing the lot from a public road, private road measured between the side lot lines. Where a lot is landlocked and served by a right-of-way or driveway, any one boundary line may serve as a front lot line. a) in the case of a corner lot, the shorter boundary line abutting a public road, private road shall be deemed the front lot line and the longer boundary line shall be deemed the flanking lot line and where such lot lines are of equal length, the front lot line shall be either of the lot lines. b) in the case of a through lot, any boundary line dividing the lot from a public road, private road shall be deemed the front lot line. Lot Line, Rear means the lot line furthest from or opposite to the front lot line. Lot Line, Side means a lot line other than a front or rear lot line. Luminaire means the complete lighting unit (fixture), consisting of a bulb(s)/tube(s) and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply. Main Building means any building in which is carried on the principal purpose for which the lot is used. Main Wall means the exterior front, side or rear wall of a building, and all structural members essential to the support of a full or partially enclosed space or roof. P a g e | 56 Micro-Brewery Use means a craft brewery primarily engaged in the production and packaging of less than 15,000 hectolitres per year of specialty or craft beer, ale, or other malt beverages. The facility may include accessory uses such as retail sale, wholesale, tours and events, or hospitality rooms where beverages produced at the facility can be sampled. Micro-Distillery Use means a craft distillery primarily engaged in the production and packaging of less than 75,000 litres per year of liquor and spirits, other than wine and beer. The facility may include accessory uses such as retail sale, wholesale, tours and events, or hospitality rooms where beverages produced at the facility can be sampled. Mini Home see Dwelling, Mobile Home or Mini Home Mini Home Community means premises under single ownership, designed, and intended for the use of 3 or more mini homes for residential dwelling purposes. It includes any service building and service uses as part of the equipment of the mini home community but does not include a campground or group dwellings. Mobile Home see Dwelling, Mobile Home or Mini Home Motor Home means a recreational vehicle, having its own motive power, and designed to be driven on public streets and highways and which may be placed on a site for a temporary period. Municipality shall mean the Municipality of the District of Argyle. Nursery, Commercial Day means a building or part of a building, where preschool-aged children are cared for, without providing overnight accommodation, operated with a view toward financial profit and possibly employing persons; but does not include a day nursery. Nursery, Day means that portion of a residence wherein the owner or occupier of the residence or an institutional use such as a church, church hall or community hall provides accommodation to 3 or more preschool-aged children, without providing overnight accommodation, but does not include a commercial day nursery. Office means a room or rooms where business may be transacted, a service performed or consultation given but shall not include the manufacturing of any product or the retail selling of goods. Outdoor Commercial Display means an area of land where goods are displayed and which are available for sale to the general public from a retail outlet located on the same lot. Parking Lot means an open area of land other than a street or an area within a structure for the parking of motor vehicles. Parking Space means an area of land for the temporary parking of motor vehicles exclusive of driveways, aisles or manoeuvring areas. Pelting Operation means the use of a building or part of a building where fur bearing animal carcasses from off-site locations are delivered and processed by skinning the pelts from the carcasses and the fleshing, degreasing. stretching, drying, sizing, grading, and storing the pelts for shipment but does not include a pelting operation on a fur farm. Pet Daycare means the daytime boarding and care of pets, provided that overnight boarding is not permitted, and excluding a kennel use. P a g e | 57 Personal Service Shop means a building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, and includes barber shops, beauty salons, automatic laundry shops, hairdressing shops, shoe repair shops and depots for collecting dry cleaning and laundry, but excludes any manufacturing or fabrication of goods for sale. Piggery means an operation where 12 or more pigs are confined within an enclosed structure for feeding, breeding or holding for production purposes or for future sale. A piggery may also include any single dwelling directly related to the management and/or operation of the piggery operation and/or designated to accommodate the farm owner and family or any employees of the farm owner and their families. Private Club means a building or part of a building used as a meeting place for members of an organization and, without limiting the generality of the foregoing, may include the Legion, Lions Club, Kiwanis, Knights of Columbus, Independent Order of Odd Fellows, Women's Institute, Freemasons, Imperial Order Daughters of the Empire, a labour union hall and fishers clubs. Private Recreational Club means a building or part of a building or an area of land used as a meeting place for members of an organization and, without limiting the generality of the foregoing, may include a curling club, golf club, tennis club, yacht club, lawn bowling club, rod and gun club, antique automobile club and a health fitness club and uses of a similar nature. Premises means the lot or that portion of the lot that contains a use, including a structure or portions of a structure occupied by the use. Private Road means any road which is not public shown on a plan of subdivision which: a) extends to and has access to a public road and where not totally located within the area of land being subdivided, the private road shall have an easement for right-of-way and access which has been clearly granted by deed, registered in the Registry of Deeds for the County of Yarmouth; and b) includes any private road shown on an approved plan of subdivision prior to the first day of August 1987 and filed in the Registry of Deeds; Private Storage Building means an enclosed or partially enclosed structure for the storage of boats, vehicles, other equipment and materials in which no business, occupation or service is conducted for profit. Public Road includes any road owned and maintained by the Municipality or the Province; and a) municipal public road means any road owned and maintained by the Municipality; b) provincial public road means any road owned and maintained by the Department of Transportation and Infrastructure Renewal excluding designated controlled access highways pursuant to Section 20 of the Public Highways Act. Recreational Use means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic areas, swimming pools, day camps, community centres and similar uses but does not include a rack for the racing of animals, a motor vehicle race track or drag strip. P a g e | 58 Recycling Depot means premises on which recoverable materials such as newspaper, glassware, metal cans and plastics are separated prior to shipment but does not include any processing of the material or a salvage yard. Restaurant means a food establishment within an entire building or part thereof, including accessory premises, that for all or part of the year operates in a fixed location and is engaged in providing food services to patrons who order and are served while seated and pay after eating or pay prior to eating on the premises, after ordering items at a counter, food bar, or a cafeteria line. This includes establishments licensed by the Alcohol, Gaming, Fuel and Tobacco Division of Service Nova Scotia. Restaurant, Evening Patio means the accessory use of a food establishment within an entire building or part thereof, that for all or part of the year operates in a fixed location and is engaged in providing food services to patrons who order and are served while seated and pay after eating or pay prior to eating on the premises, after ordering items at a counter, food bar, or a cafeteria line. This includes establishments licensed by the Alcohol, Gaming, Fuel and Tobacco Division of Service Nova Scotia. Retail Store means a building or part thereof in which goods, wares, merchandise, substances, articles or things are offered for sale directly to the public at retail value. Right-of-way means an easement for access extending to and having access to a public or private road or water frontage but does not include a driveway outside a right-of-way. Salvage Yard means premises used for the receipt, storage, sale, resale and processing of waste or surplus automobiles, transportation vehicles or industrial equipment, including any parts or pieces that have been removed but does not include a scrap yard or recycling depot. Sand, Gravel, Topsoil Operation means a use engaged in the processing and storage of sand, gravel, and topsoil for a period greater than 6 consecutive months and which sand, gravel and topsoil is obtained on-site or brought to the site from an off-site location. Scrap Yard means a lot or premises for the storage or handling of scrap material, and without limiting the generality of the foregoing, shall include waste paper, rags, bones, bottles, used bicycles, tires, metal or other scrap material but does not include a salvage yard or recycling depot. Sea Cucumber Processing Plant means a building or part thereof wherein sea cucumbers are processed in any one or more ways including skinning and cleaning; the preparing and/or drying of their skins; the preparation for the freezing of their raw meats and; the weighing, packaging and storing of said products for future sale to the wholesale or retail markets but does not include any method of processing sea cucumber for any other products which includes but not limited to their oil or proteins. Service Industries includes the processing of milk and dairy products, a bakery, a printing establishment, a laundry or cleaning establishment, a paint shop, plumbing shop and similar uses but does not include a welding and/or machine shop. Service Shop means a building or part thereof used for the sale or repair of household articles and may include radio, television and appliance repair shops but shall not include industrial or manufacturing or motor vehicle repair shops. P a g e | 59 Site-Plan Approval means an approval issued by the Development Officer authorizing development in accordance with the provisions for site-plan approvals in the Municipal Planning Strategy, Land Use By- law and Municipal Government Act. Solar Farm means a development of solar panels on an area of land in which a large number of solar panels are set up in order to generate electricity. Sport Fishing Outfitters or Tours means a building or premises used for boat tours or sport fishing charters, and may include the retail or wholesale of fishing equipment. Storey means that portion of a building between any floor and the floor, ceiling, or roof next above, provided that any portion of a building partly below grade level shall not be deemed a storey unless its ceiling is at least 6 feet above grade. Any portion of a storey exceeding 14 feet in height shall be deemed an additional storey for each 14 feet or fraction thereof. Storey, Half means the portion of a building located wholly or partly within a sloping roof having a floor area of not less than one-third or more than two-thirds of the floor area of the storey next below, sidewalls not less than 4 feet in height and a ceiling with a minimum height of 7 ½ feet over an area equal to at least 50 percent of its floor area. Strategy means the Municipal Planning Strategy of the Municipality of the District of Argyle. Street Line means the boundary line of a public road or private road. Strip Mall or Plaza means a group of commercial uses which have been designed and developed as a continuous unit, and characterized by shared parking and by the absence of a common interior walkway. Structure means anything that is erected, built or constructed of parts joined together or any such erection fixed to or supported by the soil or by any other structure. Tourist Cabin means a building used to accommodate the travelling public for gain or profit with or without separate kitchen facilities and having separate entrance from outside the building but does not include a travel trailer. Tourist Establishment means a building or buildings, structures or use of land which is used to accommodate the travelling public for gain or profit and shall include a hotel, motel, guest home, resort, tourist cabin, hostel, campground, or inn. Travel Trailer means a trailer that is used or intended to be used for short term or seasonal occupancy and is or is intended to be located or parked on a site for a temporary or seasonal period. Utility means any public or private system, work, plant, equipment or services which furnishes services at approved rates to or for the use of the general public. Veterinary Clinic means indoor premises designed or used for the care, observation, and treatment of ill or injured animals. Warehouse means a building used for the storage, wholesaling and distribution of goods and materials but shall not include a retail store. Water Frontage means the distance measured as a straight line, between the two points where the side lot lines of a lot meet a watercourse. P a g e | 60 Watercourse means the bed and shore of every river, stream, lake, creek, pond, spring, lagoon or other natural body of water excluding the ocean. Wind Turbine Generator means a structure designed to convert wind energy into mechanical or electrical energy. a) Large Scale Wind Turbine Generator means a wind turbine generator greater than 60 metres in total height. b) Small Scale Wind Turbine Generator means a wind turbine generator less than 60 metres in total height and greater than 10 kw in nameplate generating capacity. c) Micro Scale Wind Turbine Generator means a wind turbine generator less than 10 kw in nameplate generating capacity and less than 20 m in total height. i. Blade means an element of a Wind Turbine Generator rotor which acts as a single airfoil, thereby extracting kinetic energy directly from the wind. ii. Blade Clearance means, in reference to a horizontal axis rotor, the distance from grade to the bottom of the rotor's arc. iii. Horizontal Axis Rotor means a wind energy conversion system, typical of conventional or traditional windmills. iv. Rotor's Arc means the largest circumferential path travelled by a Wind Turbine Generator blade. v. Total Height means the height from grade to the highest vertical extension of a Wind Turbine Generator. In the case of Wind Turbine Generator with a horizontal axis rotor, total height includes the distance from grade to the top of the tower, plus the distance from the top of the tower to the highest point of the rotor's arc. vi. Tower means the structure which supports the rotor above grade. vii. Vertical Axis Rotor means a wind energy conversion system where the rotor is mounted on an axis perpendicular to the earth's surface. Wind Farm means an array of two or more wind turbines that are connected to the local utility grid for the principal purpose of generating electricity for off-site consumption. Yard means an open uncovered space on a lot appurtenant to a building (except a court) and unoccupied by buildings or structures except as specifically permitted elsewhere in this By-law. Yard, Flanking means the side yard of a corner lot which side yard extends from the front yard to the rear yard between the flanking lot line and the nearest main wall of any main building or structure. Yard, Front means a yard extending across the full width of a lot between the front lot line and the nearest wall of any main building or structure on the lot; and "minimum" front yard means the minimum depth or such greater depth required by this By-law of a front yard on a lot at which the minimum lot frontage requirement is met between the front lot line and the nearest main wall of any main building or structure on the lot. Any one boundary line of a lot which is landlocked and served by a right-of-way or driveway may serve as a front lot line for the purpose of calculating the minimum front yard and other applicable yard requirements. P a g e | 61 Yard, Rear means a yard extending across the full width of a lot between the rear lot line and the nearest wall of any main building or structure on the lot; and "minimum" rear yard means the minimum depth required by this By-law of a rear yard on a lot between the rear lot line and the nearest main wall of any main building or structure on the lot. Yard, Side means a yard extending from the front yard to the rear yard of a lot between the side lot line and the nearest wall of any main building or structure on the lot; and "minimum" side yard means the minimum width required by this By-law of a side yard on a lot between a side lot line and the nearest main wall of any main building or structure on the lot. Zone means a designated area of land shown on the Schedules of this By-law. P a g e | 62 APPENDIX A - FLOOD PLAIN ENVIRONMENTAL STUDY REQUIREMENTS Copies of the Environmental study must be submitted to the Development Officer. The study must contain the following information and conform to the following study format. Introduction Identification:  Property owner and abutting owners.  Zoning.  Site plan.  Subdivision plan if available.  Location of project site on plan. Project description  Site plan to scale.  Distances of project to watercourses, ponds, and drainage channel(s).  Total land area of project.  Cubic estimate and types of materials to be added or taken from project site.  Existing and proposed slope of lands.  Nearest distance of the project to potable water supplies. Impact Description Potential project affects upon:  Stormwater drainage and storage features on property and abutting properties.  Floodwater flows, increase in flooding, ice passage from flooding.  Unstable slopes.  Other development constraints. Measures to Mitigate Negative Impacts  A description of mitigation measures and a draft implementation schedule timeline. Conclusion  A description if there will there be negative development impacts from the project. Declaration  When study was conducted.  Signature of property owner(s).  Signature and qualifications of study author(s).  Date study submitted.  Contact address and phone numbers to be reached for the study author and property owner(s). Highway 335 John St Argyle Sound Rd Pond Rd Rock Rd Abbotts Harbour Rd Dennis Point Rd Old Abbotts Harbour Rd Chemin du Rocher Dyke Rd Dentremont Rd Chemin a Cornu Franks Rd Montague Rd Louis B Rd Country Lane Maple Lane Old Church Rd Miniques Hill Rd School St Lighthouse Rd Muff Rd Ridge Lane Sams Rd Dyke Road Exten Spur Rd Chemin de Leglise Hillside Rd Michaels Lane Ch. de Lallee Rd Martell Lane Spring Garden Lane Barous Lane Two Acre Lane Island View Lane Chemin de la Cabane White House Lane Pierres Lane Highway 335 Ch. Clear Point Rd Deons Ln Ch. Marc Rd Allee LeBlanc Route-a-Pic Dogwood Dr Lobster Bay Ave La Butte des Mink Ln Ch. du Pont du Marais Ponderosa Ln Willow Lane Juniper Lane West Pubnico Lower West Pubnico Middle West Pubnico The Muncipality of the District of Argyle West Pubnico Rural Centre Zoning Map Schedule B 1:30,000 F:\Map\Argyle\Zoning\Current\LUB\Schedule_B_West_Pubnico_Rural_Centre_11x17.mxd - Date: June 6, 2024 250 0 250 500 750 1,000 1,250 1,500 1,750 2,000 125 Meters ¯ This product includes map data derived from the Nova Scotia Topographic Database (NSTDB), the Nova Scotia Civic Address File (NSCAF), and the Nova Scotia Property Records Database (NSPRD) and is Crown © copyright 2024, Province of Nova Scotia. Used by permission of Service Nova Scotia and Municipal Relations (SNSMR) licenses #A0396 and #A0812. This map is intended for reference purposes only. Errors and omissions may exist. This map may not be reproduced in whole or in part, by any means-graphic, electronic or mechanical without the written permission of the Municipality of Argyle. Mailing Address: P.O. Box 10, Tusket, NS, B0W 3M0 Civic Address: 5 Rue J.E. Hatfield Crt, Tusket, NS Phone: (902) 648-2311 Topographic Layer: 1:10,000 Nova Scotia Topographic Database (NSTDB) - *NSGC. Road Layer: 1:10,000 Nova Civic Address File (NSCAF) - *NSGC. Place Names: Nova Scotia Geographical Names Database (NSGNDB) - *NSGC. Zoning: Municipality of the District of Argyle *NSGC: Nova Scotia Geomatics Centre, Amherst, N.S. UTM Projection, Zone 20 North North American Datum 1983 (NAD83) Canadian Spatial Reference System 1998 (CSRS98) MU MI MI MI HI CW CW HI LI LI LI HI HI LI MI CW CW LI CW HI CW LI West Pubnico Rural Centre Boundary West Pubnico Rural Centre Boundary Mixed Use MU Coastal Wetlands CW Light Industrial LI Pubnico Point Wind Farm WF WF Pubnico Harbour Lobster Bay Heavy Industrial HI Marine Industrial MI CW LI CW CW CW CW CW Adopted: June 23, 2020 In Effect: August 17, 2020 LI CC CW CW CCI 26 57 21 68 70 201 110 181 164 158 119 124 108 3527 3384 3389 3392 3399 3400 3409 3414 3425 3426 3437 3438 3459 3456 3472 3481 3482 3488 3489 3492 3517 3535 90105560 Highway 308 Chemin de la Pointe F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 1.1 Hubbards Point PID: 90105560 Address: 110 CHEMIN DE LA POINTE HUBBARDS POINT ¯ 60 0 60 120 180 240 30 Meters 1:6,100 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 CC MU CW CW CC CCI CW CW CW CW 60 48 196 162 7589 7422 7436 7453 7535 7490 7514 7516 7620 7685 7694 7784 90086745 Highway 3 Abrams River Rd Highway 103 F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 1.2 Ste. Anne du Ruisseau PID: 90086745 Address: 7694 HIGHWAY 3 STE. ANNE DU RUISSEAU ¯ 130 0 130 260 390 520 65 Meters 1:13,200 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 Municipality of Yarmouth Municipality of Argyle Yarmouth County Trail MU CC CW CC CW CCI CC HI CW 8771 9017 8836 8753 8736 9019 9011 8997 9002 8991 8992 8983 8965 8968 8954 8944 8924 8920 90085366 Highway 3 Highway 103 M oo d Rd Highway 103 Gr ee nvil l e Rd Highway 3 Lakeview Cres keview F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 1.3 Tusket PID: 90085366 Address: 8920 HIGHWAY 3 PLEASANT LAKE LOT 1-2-3 ¯ 100 0 100 200 300 400 50 Meters 1:10,500 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 CC CCI CCI CW CW CW CCI 7 39 42 58 44 53 28 19 13 87 57 83 31 25 42 61 58 1396 1547 1531 1522 1543 1510 1513 1503 1482 1493 1456 1434 1425 1408 1392 1381 1363 1364 1357 1342 1348 1340 1338 1332 1322 1321 1310 1307 1293 1268 1604 1590 1572 1560 1553 1541 1562 90222365 90329244 90022401 90021676 90022138 90022526 Highway 334 Hardwood Hills Rd Birch Dr F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 2.1 Plymouth PID: 90021676 Address: 1310 HIGHWAY 334 PLYMOUTH PID: 90329244 Address: 0 HIGHWAY 334 PLYMOUTH PID: 90022138 Address: 0 HARDWOOD HILLS ROAD PLYMOUTH PID: 90222365 Address: 0 HARDWOOD HILLS ROAD PLYMOUTH PID: 90022401 Address: 1562 HIGHWAY 334 PLYMOUTH LOT 2 PID: 90022526 Address: 1560 HIGHWAY 334 PLYMOUTH LOT 1 ¯ 120 0 120 240 360 480 60 Meters 1:12,100 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 CC CCI CW 307 278 365 284 302 314 326 334 372 390 406 231 249 242 266 281 289 90037391 Highway 308 F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 4.1 Morris Island PID: 90037391 Address: 0 HIGHWAY 308 MORRIS ISLAND ¯ 60 0 60 120 180 240 30 Meters 1:6,400 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 Yarmouth County Tr ail CC RD CCI 1 34 88 66 50 44 22 11 84 192 190 163 121 107 4854 4869 90049081 Belleville Rd Highway 308 F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 5.1 Belleville PID: 90049081 Address: 0 BELLEVILLE RD BELLEVILLE ¯ 70 0 70 140 210 280 35 Meters 1:7,100 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 CC CCI CC CW 30 15 20 6527 6687 6537 6709 6590 6617 6616 6663 6671 6668 6670 6692 6703 6702 6451 6486 6511 6520 6526 6545 6611 6563 6575 6613 6550 6609 90110099 Highway 3 Beech Lane F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 5.2 Eel Brook PID: 90110099 Address: 6609 HIGHWAY 3 EEL BROOK ¯ 80 0 80 160 240 320 40 Meters 1:8,500 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 Yarmouth County Trail CC MU RD CCI 54 27 556 508 507 558 541 4445 4386 4512 4624 4610 4613 4594 4611 4599 4591 4573 4581 4535 4441 4429 4427 4417 4415 4385 4379 4673 4658 90039686 Highway 308 Highway 103 Robicheau Rd Gavel Rd F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 5.3 Belleville North PID: 90039686 Address: 0 NO 308 HWY BELLEVILLE NORTH LOT 1 ¯ 110 0 110 220 330 440 55 Meters 1:10,900 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 Yarmouth County Trail CC CCI CC 62 52 3982 4243 4167 3988 3997 4002 4014 4023 4028 4040 4049 4054 4065 4062 4079 4089 4108 4109 4116 4120 4122 4135 4155 4165 4166 4184 4175 4190 4195 4202 4236 4215 4210 4227 90295361 Highway 3 Ye Olde Argyle Rd 4100 F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 6.1 Lower Argyle PID: 90295361 Address: 4155 HIGHWAY 3 LOWER ARGYLE LOT 1B ¯ 90 0 90 180 270 360 45 Meters 1:8,900 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 Yarmouth County Trail CC CW CC CW CC CCI 15 4726 4736 4751 4813 4806 4815 4833 4845 4850 4859 4892 4895 4896 4916 4924 4943 4935 90250309 Highway 3 Station Ridge Rd F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 6.2 Central Argyle PID: 90250309 Address: 4845 HIGHWAY 3 CENTRAL ARGYLE LOT 1 ¯ 80 0 80 160 240 320 40 Meters 1:7,900 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 Yarmouth County Trail CC CCI CW CCI 93 55 43 219 264 277 293 286 263 249 245 224 221 152 187 151 131 114 3556 3502 3438 3437 3451 3501 3535 3561 3468 3573 3580 3598 3608 3638 3652 90055633 90319195 Highway 3 Argyle Sound Rd F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 6.3 Lower Argyle / Argyle Sound PID: 90319195 Address: 93 SCHOOL RD LOWER ARGYLE LOT 2 PID: 90055633 Address: 263 ARGYLE SOUND RD ARGYLE SOUND ¯ 90 0 90 180 270 360 45 Meters 1:9,100 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 Yarmouth County Trail CC CW CW CC 66 591 653 586 625 631 687 626 652 646 688 2370 90057852 Argyle Head Rd Forbes Rd Curry Rd F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 6.4 Argyle Head PID: 90057852 Address: 0 ARGYLE HEAD RD ARGYLE HEAD ¯ 60 0 60 120 180 240 30 Meters 1:6,200 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 Yarmouth County Trail CC CW CCI 5142 5172 5262 5250 90052663 Highway 3 5176 F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 6.5 Argyle / Central Argyle PID: 90052663 Address: 5176 HIGHWAY 3 CENTRAL ARGYLE ¯ 50 0 50 100 150 200 25 Meters 1:5,000 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 CC CCI CCI 361 793 211 414 739 199 208 671 887 881 865 859 848 847 833 827 817 812 811 805 327 794 301 295 282 296 761 304 741 742 721 718 662 646 643 639 627 594 599 90056144 90298084 Argyle Sound Rd Green Grove Rd F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 6.6 Argyle Sound PID: 90298084 Address: 662 ARGYLE SOUND RD ARGYLE SOUND LOT 3 PID: 90056144 Address: 208 GREEN GROVE RD ARGYLE SOUND LOT 1BCD ¯ 100 0 100 200 300 400 50 Meters 1:10,600 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 Yarmouth County Trail CC CC CW CCI CW CW CW CW CW CW CCI CCI 7 3 49 41 35 2923 34 13 19 88 131 141 2695 2562 2339 2521 2808 2813 2668 2665 2838 2603 2567 2433 2435 2475 2755 2749 2737 2771 2775 2774 2738 2719 2785 2711 2716 2489 2797 2807 2796 2416 2423 90252529 90063025 90063231 90252511 90323395 90062993 Highway 3 Cunningham Rd Highway 3 F:\Map\Argyle\Zoning\Current\LUB\Schedule_L_Coastal Community Industrial Use_8-5_11.mxd - Date: November 25, 2021 Zoning Map Schedule L 7.1 Pubnico PID: 90062993 Address: 0 HIGHWAY 3 PUBNICO LOT 1 PID: 90252529 Address: 2489 HIGHWAY 3 PUBNICO LOT 2 PID: 90252511 Address: 2475 HIGHWAY 3 PUBNICO LOT 1 PID: 90063231 Address: 2433 HIGHWAY 3 PUBNICO PID: 90323395 Address: 0 HIGHWAY 3 PUBNICO PID: 90063025 Address: 88 CUNNINGHAM RD PUBNICO ¯ 80 0 80 160 240 320 40 Meters 1:8,200 Rural Development RD Mixed Use MU Coastal Wetlands CW Village V Residential Park RP Light Industrial LI Business Park BP Pubnico Point Wind Farm WF WP Wellhead Protection Heavy Industrial HI Marine Industrial MI Floodplain FP Coastal Community Industrial CCI Coastal Community CC Adopted: June 23, 2020 In Effect: August 17, 2020 Abbotts Harbour Rd Miniques Hill Rd Old Abbotts Harbour Rd The Muncipality of the District of Argyle West Pubnico Rural Centre Abbotts Harbour Marine Industrial Zoning Map Schedule M 1:4,000 F:\Map\Argyle\Zoning\Amendments\20231013-PID 90075474 MI to MU\Schedule_M_PID_90075474_8-5x11.mxd - Date: October 13, 2023 25 0 25 50 75 100 125 150 175 200 225 250 275 12.5 Meters ¯ This product includes map data derived from the Nova Scotia Topographic Database (NSTDB), the Nova Scotia Civic Address File (NSCAF), and the Nova Scotia Property Records Database (NSPRD) and is Crown © copyright 2023, Province of Nova Scotia. Used by permission of Service Nova Scotia and Municipal Relations (SNSMR) licenses #A0396 and #A0812. This map is intended for reference purposes only. Errors and omissions may exist. This map may not be reproduced in whole or in part, by any means-graphic, electronic or mechanical without the written permission of the Municipality of Argyle. Mailing Address: P.O. Box 10, Tusket, NS, B0W 3M0 Civic Address: 5 Rue J.E. Hatfield Crt, Tusket, NS Phone: (902) 648-2311 Topographic Layer: 1:10,000 Nova Scotia Topographic Database (NSTDB) - *NSGC. Road Layer: 1:10,000 Nova Civic Address File (NSCAF) - *NSGC. Place Names: Nova Scotia Geographical Names Database (NSGNDB) - *NSGC. Zoning: Municipality of the District of Argyle *NSGC: Nova Scotia Geomatics Centre, Amherst, N.S. UTM Projection, Zone 20 North North American Datum 1983 (NAD83) Canadian Spatial Reference System 1998 (CSRS98) MU MI Mixed Use MU Lobster Bay Adopted: XXX XX, 2023 In Effect: XXX XX, 2023 Marine Industrial MI MU MI MU