This is the exact embedded text of the captured official document.
Snapshot c74c69f93cca · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
Title
Municipality of Colchester
LAND USE BYLAW
Chapter 40
I
Municipality of Colchester - Land Use Bylaw
First Reading:
2025.02.27
Second Reading:
2025.03.27
Effective Date:
2025.06.12
With Amendments to:
N/A
II
Table of Contents
Table of Contents
1
TITLE, PURPOSE, AUTHORITY, AND APPLICABILITY
1
1.1
Title
1
1.2
Purpose
1
1.3
Authority
1
1.4
Applicability
1
2
INTERPRETATION
2
2.1
Certain Words
2
2.2
Conflict
2
2.3
Definitions
2
2.4
Units of Measurement
2
2.5
Symbols
2
2.6
Interpretation of Zone Boundaries
3
2.7
Permitted Uses
3
2.8
Severability
3
3
ADMINISTRATION
4
3.1
Administration of Land Use Bylaw
4
3.2
Inspection
4
3.3
Enforcement and Penalty
4
3.4
Compliance with Other Legislation
4
3.5
Restoring to a Safe Condition
4
3.6
Effective Date
5
3.7
Existing Structures, Uses, Lots, and Streets
5
3.8
Repeal
6
3.9
Fees
6
4
DEVELOPMENT PERMITTING
7
4.1
Development Permit
7
4.2
Development Permit Validity
7
4.3
Development Not Requiring a Development Permit
8
4.4
No Exemption from Requirements
9
4.5
Lot Plan Requirements
11
4.6
Additional Plan Information
12
4.7
Additional Studies and Plans
12
4.8
Variances
13
4.9
Site Plan Approval
14
4.10
Site Plan Approval Exemptions
16
4.11
Site Plan Approval Review
16
4.12
Site Plan Approval Notification
16
4.13
Site Plan Approval - Location Certificate Required
16
III
Municipality of Colchester - Land Use Bylaw
5
ZONES AND ZONING MAPS
17
5.1
Zones
17
5.2
Zoning Maps
18
6
GENERAL PROVISIONS
19
6.1
Application of General Provisions
19
6.2
Accessory Buildings
19
6.3
Accessory Uses
19
6.4
Building Height Exception
20
6.5
Building to be Erected on a Lot
20
6.6
Building to be Moved
20
6.7
Conformity with Existing Setbacks
20
6.8
Encroachment Permitted in Minimum Setbacks
21
Table 6-1: Permitted Encroachments
21
6.9
Existing Undersized Lots
22
6.10
Farm, Fish, and Forestry Stalls
22
6.11
Flag Lots
22
6.12
Frontage on a Street
23
6.13
Illumination
23
6.14
Island Developments
23
6.15
Lot Area including Flood Plains
23
6.16
Multiple Main Buildings
24
6.17
Multiple Land Uses on Property
24
6.18
Non-conforming Structures
24
6.19
Non-conforming Uses
24
6.20
Screening
24
6.21
Side Setback Requirement - Exception
25
6.22
Special Occasion Uses Permitted
25
6.23
Subdivision for Existing Dwellings Serviced by public sewer
25
6.24
Swimming Pools
26
6.25
Temporary Uses Permitted
26
6.26
Inter-jurisdiction Development Agreements
26
6.27
Use of Former Community Facilities
27
6.28
Visibility at Intersections
27
6.29
Wells
27
6.30
Watercourse & Shoreline Buffers
28
6.31
Watercourse & Shoreline Buffer Reduction
29
6.32
Coastal Elevation
29
6.33
Stormwater Management
29
6.34
Source Water Area Protection
30
IV
Table of Contents
7
USE SPECIFIC/CONDITIONAL USE REQUIREMENTS
31
7.1
Accessory Dwellings
31
7.2
Accessory Solar Panel Systems
31
7.3
Commercial Instruction of One Student at a Time
32
7.4
Electric Vehicle Charging - Accessory
32
7.5
Existing Land Lease Communities
32
7.6
Fishery Storage
32
7.7
Home Offices
33
7.8
Home Occupation
33
Table 7-1 - Home Occupation Standards
33
7.9
Intensive Livestock Operations
34
7.10
Kennels
35
7.11
Places of Worship & Education Uses
35
7.12
Scrap/Salvage Yards
36
7.13
Utilities
36
8
WIND TURBINES AND TEMPORARY WIND TEST TOWERS
37
8.1
Applicability
37
8.2
Offence and Penalty
37
8.3
Location Conditions
38
8.4
Wind Turbine Design
38
8.5
Wind Turbine Engagement Program Performance Standards
39
8.6
Wind Turbine Construction Performance Standards
40
8.7
Temporary Wind Test Tower Facilities
40
8.8
Temporary Wind Test Tower Facilities Performance Standards
40
8.9
Decommissioning
41
9
PARKING
42
9.1
Application of Parking Requirements
42
9.2
Minimum Dimensions for Parking Spaces
44
9.3
Automobile Parking Area Requirements
44
9.4
Parking in Residential Zones
45
9.5
Parking in the Institutional Zone
46
9.6
Parking in Commercial Zones
46
9.7
Parking in the Parks and Open Space Zone
46
9.8
Parking for Industrial Uses
47
9.9
Bicycle Parking
47
9.10
Bicycle Parking Standards
48
9.11
Loading Space Requirements
48
V
Municipality of Colchester - Land Use Bylaw
10
SIGNAGE
49
10.1
Development Permit Required
49
10.2
General Signage Provisions
49
10.3
Signs for Which No Development Permit is Required
50
10.4
Signs Prohibited in All Zones
51
10.5
Temporary Signs
51
10.6
Signs in Residential Zones
52
10.7
Commercial Advertising Signs in growth centres
52
10.8
Number of Signs
52
10.9
Fixed Wall Signs
53
10.10
Projecting Wall Signs
53
10.11
Roof Signs
54
10.12
Ground Signs - General
54
10.13
Ground Signs - C-1 and C-2 Zones Fronting on Robie St., Dunlop Ave, or Mead
ow Dr.
55
10.14
Ground Sign - Highway Commercial (C-2) Zone
56
10.15
Off-site Business Identifier / Directional Signs
56
10.16
Illumination
57
10.17
Signage In the Debert Business Park
57
11
SUMMARY OF PERMITTED USE TABLE
58
11.1
Summary of Permitted Main Uses
58
Table 11-1: Summary of Permitted Uses, Residential
59
Table 11-2: Summary of Permitted Uses, Non-Residential
60
12
SINGLE DWELLING UNIT (R-1) ZONE
63
12.1
PERMITTED MAIN USES
63
12.2
PERMITTED USES WITH CONDITIONS
63
12.3
PERMITTED USES BY SITE PLAN APPROVAL
63
12.4
USES CONSIDERED BY DEVELOPMENT AGREEMENT
63
12.5
Single Dwelling Unit (R-1) Zone Development Standards
64
13
DOUBLE DWELLING UNIT (R-2) ZONE
65
13.1
Permitted Main Uses
65
13.2
Permitted Uses with Conditions
65
13.3
Permitted Uses by Site Plan Approval
65
13.4
Uses Considered by Development Agreement
65
13.5
Double Dwelling Unit Zone (R-2) Development Standards
66
13.6
Special Zone Requirements
67
VI
Table of Contents
14
DOUBLE UNIT CONVERSION (R-2C) ZONE
68
14.1
Permitted Main Uses
68
14.2
Permitted Uses with Conditions
68
14.3
Permitted Uses by Site Plan Approval
68
14.4
Uses Considered by Development Agreement
68
14.5
Double Unit Conversion (R-2C) Zone Development Standards
69
15
RESIDENTIAL MEDIUM DENSITY (R-3) ZONE
71
15.1
Permitted Main Uses
71
15.2
Permitted Uses with Conditions
71
15.3
Permitted Uses by Site Plan Approval
71
15.4
Uses Considered by Development Agreement
72
15.5
Residential Medium Density (R-3) Zone Development Standards
73
15.6
Special Zone Requirements
74
15.7
Zone Requirements within the Growth Centre of Tatamagouche
74
16
RESIDENTIAL HIGH DENSITY (R-4) ZONE
76
16.1
Permitted Main Uses
76
16.2
Permitted Uses with Conditions
76
16.3
Permitted Uses by Site Plan Approval
76
16.4
Uses Considered by Development Agreement
76
16.5
Residential High Density (R-4) Zone Development Standards
77
16.6
Special Zone Requirements
77
17
GENERAL COMMERCIAL (C-1) ZONE
79
17.1
Permitted Main Uses
79
17.2
Permitted Uses with Conditions
80
17.3
Permitted Uses by Site Plan Approval
80
17.4
Uses Considered by Development Agreement
80
17.5
General Commercial (C-1) Zone Development Standards
81
17.6
General Requirements in the General Commercial Zone
82
18
HIGHWAY COMMERCIAL (C-2) ZONE
84
18.1
Permitted Main Uses
84
18.2
Permitted Uses with Conditions
85
18.3
Permitted Uses by Site Plan Approval
85
18.4
Uses Considered by Development Agreement
85
18.5
Highway Commercial (C-2) Zone Development Standards
86
18.6
General Requirements
87
18.7
Special Requirements Highway Commercial (C-2) Zone
88
VII
Municipality of Colchester - Land Use Bylaw
19
MAIN STREET (MS) ZONE
89
19.1
Permitted Main Uses
89
19.2
Permitted Uses with Conditions
89
19.3
Permitted Uses by Site Plan Approval
89
19.4
Uses Considered by Development Agreement
90
19.5
Main Street Commercial (MS) Zone Development Standards
90
19.6
Requirements in the Main Street Commercial Zone
91
20
LOCAL COMMERCIAL (C-4) ZONE
92
20.1
Permitted Main Uses
92
20.2
Permitted Uses with Conditions
92
20.3
Permitted Uses by Site Plan Approval
92
20.4
Uses Considered by Development Agreement
92
20.5
Local Commercial (C-4) Zone Development Standards
93
20.6
General Requirements
94
20.7
Special Requirements Local Commercial (C-4) Zone
94
21
INSTITUTIONAL (I) ZONE
95
21.1
Permitted Main Uses
95
21.2
Permitted Uses with Conditions
95
21.3
Permitted Uses by Site Plan Approval
95
21.4
Uses Considered by Development Agreement
95
21.5
Institutional (I) Zone Development Standards
96
21.6
Special Requirements Institutional (I) Zone
97
22
INDUSTRIAL (M) ZONE
98
22.1
Permitted Main Uses
98
22.2
Permitted Uses with Conditions
98
22.3
Permitted Uses by Site Plan Approval
99
22.4
Uses Considered by Development Agreement
99
22.5
Industrial (M) Zone Development Standards
99
22.6
Special Requirements in the Industrial (M) Zone
100
23
AIRPORT (AIR) ZONE
101
23.1
Permitted Main Uses
101
23.2
Permitted Uses with Conditions
101
23.3
Permitted Uses by Site Plan Approval
101
23.4
Uses Considered by Development Agreement
101
23.5
Airport (AIR) Zone Development Standards
102
VIII
Table of Contents
24
PARKS AND OPEN SPACE (P-1) ZONE
103
24.1
Permitted Main Uses
103
24.2
Permitted Uses with Conditions
103
24.3
Permitted Uses by Site Plan Approval
103
24.4
Uses Considered by Development Agreement
103
24.5
Parks and Open Space (P-1) Zone Development Standards
104
24.6
Special Requirements Parks and Open Space (P-1) Zone
104
25
COMMERCIAL RECREATION (P-2) ZONE
105
25.1
Permitted Main Uses
105
25.2
Permitted Uses with Conditions
105
25.3
Permitted Uses by Site Plan Approval
105
25.4
Uses Considered by Development Agreement
106
25.5
Commercial Recreation (P-2) Zone Development Standards
106
26
RURAL GENERAL (RG) ZONE
107
26.1
Permitted Main Uses
107
26.2
Permitted Uses with Conditions
108
26.3
Permitted Uses by Site Plan Approval
108
26.4
Uses Considered by Development Agreement
108
26.5
Rural General (RG) Zone Development Standards
109
26.6
Special Requirements for the Rural General (RG) Zone
109
27
RURAL RESIDENTIAL (RR) ZONE
111
27.1
Permitted Main Uses
111
27.2
Permitted Uses with Conditions
111
27.3
Permitted Uses by Site Plan Approval
111
27.4
Uses Considered by Development Agreement
111
27.5
Rural Residential (RR`) Zone Development Standards
112
28
AGRICULTURE POTENTIAL (AP) ZONE
113
28.1
Permitted Uses
113
28.2
Permitted Uses with Conditions
114
28.3
Permitted Uses by Site Plan Approval
114
28.4
Uses Considered by Development Agreement
114
28.5
Agriculture Potential (AP) Zone Development Standards
115
28.6
Special Requirements in the Agricultural Potential Zone
115
29
RURAL INDUSTRIAL (RM) ZONE
117
29.1
Permitted Main Uses
117
29.2
Permitted Uses with Conditions
118
29.3
Permitted Uses by Site Plan Approval
118
29.4
Uses Considered by Development Agreement
118
29.5
Rural Industrial (RM) Zone Development Standards
119
29.6
Special Requirements Rural Industrial (RM) Zone
119
IX
Municipality of Colchester - Land Use Bylaw
30
SHORELINE (SL) ZONE
121
30.1
Permitted Uses
121
30.2
Permitted Uses with Conditions
121
30.3
Permitted Uses by Site Plan Approval
121
30.4
Uses Considered by Development Agreement
121
30.5
Shoreline (SL) Zone Development Standards
122
31
COMPREHENSIVE DEVELOPMENT DISTRICT (CDD) ZONE
123
31.1
Permitted Uses
123
31.2
Uses Considered by Development Agreement
123
31.3
Comprehensive Development District (CDD) Zone Development Standards
124
32
MI'KMAW LAND (ML) ZONE
125
32.1
Permitted Main Uses
125
32.2
Permitted Uses with Conditions
125
32.3
Permitted Uses by Site Plan Approval
125
32.4
Uses Considered by Development Agreement
125
32.5
Mi'kmaw Land (ML) Zone Development Standards
126
33
FLOOD ZONES AND OVERLAYS
127
33.1
Applicability
127
33.2
Flood Proofing Standards
127
33.3
Infilling
127
33.4
Site Grading and Drainage
128
33.5
Ditching Standards
128
33.6
Farmland Improvement
128
33.7
Temporary Structures
128
33.8
Existing Buildings / Structures & Remedial Work
128
33.9
Application for Development Permit
128
33.10 Permitted Uses and Structures
129
Table 33-1 Permitted Uses and Structures in Flood Zones and Overlays.
129
33.11
Cut and Fill Procedure
130
33.12
Special Provisions Flow Way (E-1) Zone
131
33.13
Special Provisions Flood Way (E-2) Zone
132
33.14 Special Provisions Flood Way Modification (E-3) Overlay
132
33.15
Special Provisions Flood Way Fringe (E-4) Overlay
132
33.16
Soil Stabilization
132
X
Table of Contents
34
SITE PLAN APPROVAL
133
34.1
Introduction to Approval Criteria
133
34.2
Boarding House and Dwelling Site Plan Approval
133
34.3
Medium Sized Commercial Structures Site Plan Approval
134
34.4
Automobile Shop and Drive-thru Site Plan Approval
135
34.5
Campground Site Plan Approval
137
34.6
Reuse of Community Facilities Site Plan Approval
138
34.7
Cluster Development Site Plan Approval
139
35
DEFINITIONS
141
36
SCHEDULES AND APPENDICES
167
36.1
Schedule 'A' - Zoning Maps
168
36.2
Schedule 'B' - Flood Overlays
179
36.3
Schedule 'C' - Growth Centres
187
36.4
Schedule 'D' - Coastal Elevation
188
36.5
Schedule 'E' - Village Heritage Area Overlay
197
36.6
Schedule 'F' - Collector Streets
198
36.7
Appendix 'A' - Dykeland Land Forming Standards
200
36.8
Appendix 'B' - Soil Conservation Areas
201
1
Municipality of Colchester - Land Use Bylaw
1 Title, Purpose, Authority, and
Applicability
1.1
TITLE
1.1.1
This Bylaw shall be known as, and may be cited as, the Municipality of the County
of Colchester Land Use Bylaw.
1.2
PURPOSE
1.2.1
The purpose of this Bylaw is to facilitate the sustainable, orderly, economical, and
beneficial development and use of land and buildings within the Municipality of
the County of Colchester, and for that purpose the Bylaw, among other things:
(a) divides the Municipality of the County Colchester into zones;
(b) prescribes and regulates for each zone the purposes for which land and
buildings may be used;
(c) establishes standards for the dimensions of land within each zone and the
positioning of buildings upon those lands;
(d) establishes the office of one or more Development Officers;
(e) establishes a method of making decisions on applications for development
permits, including the issuing of development permits; and
(f)
establishes a method for making decisions on applications for site plan approval.
1.3
AUTHORITY
1.3.1
This Bylaw shall be applied in a manner consistent with the Municipality of
the County of Colchester's Municipal Planning Strategy and the Municipal
Government Act ("Act"), as amended from time to time.
1.4
APPLICABILITY
1.4.1
This Bylaw shall apply to all lands within the Municipality.
2
2 Interpretation
2 Interpretation
2.1
CERTAIN WORDS
2.1.1
In this Bylaw:
(a) the word "shall" means mandatory compliance;
(b) the word "may" means discretionary compliance or a choice in applying a policy
or regulation;
(c) words used in the present tense include future tense;
(d) words used in the plural include the singular, and words used in the singular
include the plural; and
(e) gendered words shall be interpreted to mean any gender.
2.1.2
Words not otherwise defined in this Bylaw shall have the meaning assigned to
them in the Act.
2.2
CONFLICT
2.2.1
In the case of any conflict between the text of this Bylaw and any maps or
drawings used to illustrate any aspect of this Bylaw, the text shall prevail.
2.2.2
Colour coding throughout this Bylaw and the zoning maps is for ease of
reference only and the text of the Bylaw shall take priority.
2.2.3
In the case of any conflict between a number written in numerals and a number
written in letters, the number written in letters shall take priority.
2.2.4
In the case of conflict between a written zone name and a zone symbol, the
written zone name shall take priority.
2.2.5
In the case of conflict within the regulations of this Bylaw, the more restrictive
regulation shall take priority, unless otherwise specified.
2.3
DEFINITIONS
2.3.1
For the purposes of this Bylaw, words shall have the meaning or meanings
assigned to them in Part 35 - Definitions. Where a word is not defined in Part 35,
the word shall have the meaning or meanings assigned by accepted Canadian
English dictionaries.
2.4
UNITS OF MEASUREMENT
2.4.1
This Bylaw uses the metric system of measurement. Numerical measurements
in this document may also be presented in other units; however, this is for
convenience only. If a metric measurement conflicts with its conversion in another
unit, the metric measurement shall take priority.
2.5
SYMBOLS
2.5.1
The symbols used on the Zoning Map(s) refer to the corresponding zones
established by this Bylaw.
3
Municipality of Colchester - Land Use Bylaw
2.6
INTERPRETATION OF ZONE BOUNDARIES
2.6.1
The extent and boundaries of zones shown on the Zoning Maps and the
provisions of this Bylaw shall apply to all zones.
2.6.2
Boundaries between zones shall be determined as follows:
(a) where a zone boundary is indicated as following a survey line as recorded at the
Land Registration Office, the boundary shall follow that line;
(b) where a zone boundary is indicated as following a street, private road, or
controlled access highway, the centerline of the street, private road, or controlled
access highway as it existed on the effective date of this Bylaw shall be the
boundary unless otherwise indicated;
(c) where a zone boundary is indicated as following a railway or utility right-of-way,
the centerline of the right-of-way as it existed on the effective date of this Bylaw
shall be the boundary unless otherwise indicated;
(d) where the zone boundary is indicated as approximately following lot lines, the
boundary shall follow the lot lines as they existed on the effective date of this
Bylaw;
(e) where the zone boundary is indicated as following a physical feature, such as,
but not limited to, topographic elevations or agricultural soil classification, the
Development Officer may interpret the boundary to align with a site-specific
delineation completed by a qualified professional;
(f)
where the zone boundary is shown as approximately following a flood risk line,
the boundary shall correspond with the 1:100 year and 1:20 year flood risk lines
depicted on mapping prepared under the 1988 Canada - Nova Scotia Flood
Damage Reduction Program or the Municipal Flood Line Mapping Program, as
applicable;
(g) where the zone boundary is indicated as following the shoreline of a watercourse,
the ordinary high water mark shall be the boundary; and
(h) where none of the above provisions apply, the Development Officer shall scale
the zone boundary from the zoning map.
2.7
PERMITTED USES
2.7.1
In this Bylaw, any use not listed as a permitted use in a zone is prohibited in that
zone unless otherwise indicated.
2.7.2
Where a permitted use within any zone is defined in Part 35, Definitions, the uses
permitted within that zone include any similar uses which satisfy such definition
except where a definition specifically excludes any similar uses.
2.8
SEVERABILITY
2.8.1
If any provision of this Bylaw is held to be invalid by a decision of a court of
competent jurisdiction, that decision shall not affect the validity of the remaining
portions of this Bylaw.
4
3 Administration
3 Administration
3.1
ADMINISTRATION OF LAND USE BYLAW
3.1.1
Council shall appoint one (1) or more Development Officer(s) for the Municipality.
3.1.2
In the absence or incapacity of the Development Officer, the Acting
Development Officer shall act within the Development Officer's stead.
3.1.3
The Development Officer shall be responsible for the administration of this Bylaw.
3.2
INSPECTION
3.2.1
Subject to Section 267 of the Municipal Government Act, the Development
Officer or authorized agent of the Development Officer is authorized to enter,
at all reasonable times, into or upon any property within the Municipality for the
purpose of any inspections necessary to administer this Bylaw.
3.2.2
Consistent with Section 267 of the Municipal Government Act, the Development
Officer shall not enter any place actually being used as a dwelling without the
consent of the occupier unless the entry is made in daylight hours and written
notice of the entry has been given to the occupier at least twenty-four hours in
advance of the entry.
3.3
ENFORCEMENT AND PENALTY
3.3.1
In the event of any contravention of the provisions of this Bylaw, the Municipality
may act as provided for in Section 264, 265, and 266 of the Municipal
Government Act.
3.4
COMPLIANCE WITH OTHER LEGISLATION
3.4.1
Nothing in this Bylaw shall exempt any person from complying with the
requirements of any other Bylaw in force within the Municipality, or from obtaining
any license, permission, permit, authority, or approval required by any other bylaw
of the Municipality or statute or regulation of the Province of Nova Scotia or the
Government of Canada.
3.4.2
Where the provisions in this Bylaw conflict with those of any other bylaw of
the Municipality or statute or regulation of the Province of Nova Scotia or the
Government of Canada, the higher or more stringent provision shall prevail.
3.5
RESTORING TO A SAFE CONDITION
3.5.1
Nothing in this Bylaw shall prevent the restoration of any building or structure to a
safe condition when so required by a municipal order issued against a property,
except in the case of non-conforming uses where provisions of Sections 238 to
241 of the Municipal Government Act shall prevail.
5
Municipality of Colchester - Land Use Bylaw
3.6
EFFECTIVE DATE
3.6.1
Upon adoption by the Council of the Municipality of the County of Colchester
and approval by the Minister of Municipal Affairs, this Bylaw shall take effect on the
date a notice is published in compliance with the Act, informing the public that
the Land Use Bylaw is in effect.
3.7
EXISTING STRUCTURES, USES, LOTS, AND STREETS
3.7.1
A structure or use of land shall be deemed to exist on the effective date of this
Bylaw if:
(a) it has lawfully been constructed;
(b) it has lawfully commenced;
(c) it is lawfully under construction; or
(d) all required permits for its construction or uses were in force and effect, except
that this shall not apply unless the construction or use is commenced within
twelve (12) months after the date of the latest issuance of the required permits.
3.7.2
For the purposes of this Bylaw, a lot shall be deemed to exist on the date the final
plan of subdivision is endorsed by the Development Officer.
3.7.3
For the purposes of this Bylaw, a lot that is exempt from subdivision approval shall
be deemed to exist on the date it is registered.
3.7.4
For the purposes of this Bylaw, a street or private road is deemed to exist on the
effective date of this Bylaw if it:
(a) it has lawfully been constructed;
(b) it is lawfully under construction;
(c) it is shown on a tentative plan of subdivision approved by the Development
Officer, except this shall not apply unless the construction is commenced within
twenty-four (24) months after the date the approval is granted; or
(d) it is shown on a preliminary plan of subdivision approved by the Development
Officer, except that this shall not apply unless a tentative plan of subdivision is
approved for the street or private road within thirty-six (24) months after the date
the preliminary subdivision is approved.
6
3 Administration
3.8
REPEAL
3.8.1
The following Bylaws are repealed as of the effective date of this Bylaw:
(a) Central Colchester Land Use Bylaw, adopted by the Municipality of the County of
Colchester Council on June 20, 2002, as amended.
(b) Central Colchester Land Use Bylaw Zoning Maps, adopted by the Municipality of
the County of Colchester Council on June 20, 2002, as amended.
(c) Tatamagouche Village Land Use Bylaw, adopted by the Municipality of the County
of Colchester Council on October 9, 2001, as amended.
3.9
FEES
3.9.1
All permit fees, licenses, and other charges referred to in this Bylaw will be
determined by policy.
7
Municipality of Colchester - Land Use Bylaw
4 Development Permitting
4.1
DEVELOPMENT PERMIT
4.1.1
Unless otherwise stated in this Bylaw, no person shall undertake a development
within the Municipality without first obtaining a development permit from the
Development Officer.
4.1.2
The Development Officer shall only issue a development permit in conformance
with this Bylaw and any development agreement or site plan agreement in effect
on the site, except where a variance is granted or in the case of an existing non-
conforming use or structure, in which case a development permit shall be issued
in conformance with the Act.
4.1.3
No developer shall deviate, or allow deviations to be made, from the description of a
proposed development contained on a development permit, unless the developer
has obtained a new or amended development permit from the Development Officer.
4.2
DEVELOPMENT PERMIT VALIDITY
4.2.1
A development permit issued under this Land Use Bylaw or issued under any
previous Land Use Bylaw shall expire if the development to which it relates has not
commenced within:
(a) eighteen (18) months of the issuance of the development permit for wind turbine
development; or
(b) substantial completion of a wind turbine development has not occurred
within five (5) years of the date the development permit was issued, unless it is
demonstrated additional time is needed; or
(c) twelve (12) months of the issuance of the development permit for all other
developments.
4.2.2
A development permit for a temporary wind test tower facility shall expire after
twenty-four (24) months of issuance, whether or not development of the wind
test tower facility has commenced, unless renewed through the provisions of
Subsection 4.2.3.
4.2.3
The Development Officer shall, at the applicant's request and subject to the
payment of fees in conformance with the fee schedule adopted by resolution of
Council, renew a development permit for twelve (12) additional months if:
(a) the applicant applies no less than thirty (30) days prior to the expiry date of the
development permit;
(b) the development permit has not been renewed previously; and
(c) the Development Officer is satisfied the development permit is consistent with the
current Land Use Bylaw and any proposed amendments to the Land Use Bylaw for
which Council has provided public notification regarding their intent to adopt.
4.2.4
The Development Officer may revoke a development permit where:
(a) information provided on the application is found to be inaccurate;
8
4 Development Permitting
(b) the permit was issued in error;
(c) the development fails to conform with the performance standards of this Bylaw; or
(d) for wind turbines, the entire wind turbine development has ceased operation
for a period of at least one (1) year, unless the owner or operator thereof has
reasonably demonstrated, or at the judgment of the Development Officer,
that additional time is needed to repair or rebuild part or all of the Wind Power
Project if the repair is delayed as a result of circumstances beyond the owner or
operator's control.
4.3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
4.3.1
The following developments shall not require a development permit:
(a) Interior or exterior renovations or alterations to a structure that do not result in a
change in volume or gross floor area, number of dwelling units, or a change in use
of the structure.
(b) Signs smaller than 0.2 square metres (2.1 square feet) in sign area, where the
applicable type of sign is permitted.
(c) Temporary buildings or structures erected for a period not exceeding 60 days.
(d) Temporary construction buildings and structures meeting the requirements of
Section 6.25.
(e) Special occasion uses meeting the requirements of Section 6.22.
(f)
Public and private utilities located within the street right-of-way.
(g) Temporary greenhouses, cloches, crop hoops, or other such temporary crop
structures.
(h) Livestock housing structures not exceeding a combined gross floor area of 2.0
square metres and located in the rear yard, and for:
i.
not more than four (4) combined meat rabbits, ducks, or female chickens in
the R-1, R-2, R-2C, R-3, R-4, C-1, MS, and C-4 zones; or
ii. not more than ten combined (10) meat rabbits, ducks, or female chickens in all
other zones.
(i)
Accessory electric vehicle charging stations.
(j)
Farm, fish, and forest stalls meeting the requirements of Section 6.10.
(k) Agriculture and forestry uses that do not require a building or structure.
(l)
Personal offices or studios meeting the requirements of Section 7.7.
(m) The commercial teaching of one (1) student at a time, meeting the requirements of
Section 7.3.
(n) Signs permitted in all zones, as listed in Section 10.3.
9
Municipality of Colchester - Land Use Bylaw
4.3.2
For greater clarity, a building permit or other form of license may still be
required for developments that are exempt from requiring a development
permit. Applicants should inquire with the Municipality prior to undertaking any
development.
4.4
NO EXEMPTION FROM REQUIREMENTS
4.4.1
Every development shall be subject to the requirements of this Bylaw whether or
not a development permit is required.
4.4.2 APPLICATION REQUIREMENTS
4.4.3
Every application for a development permit shall be made in writing on an
approved form and shall include:
(a) the signature of the registered landowner or their duly authorized agent;
(b) application fees in conformance with the fee schedule adopted by resolution of
Council;
(c) a statement of the proposed use of the land;
(d) a statement of the estimated commencement and completion date of
development;
(e) a lot plan, as detailed in Section 4.5; and
(f)
any other information required by this Land Use Bylaw.
4.4.4
In addition to Subsection 4.4.3, applications for commercial, industrial, or
residential development with a total combined building footprint of 930 square
metres (10,000 square feet) or greater shall include a stormwater management
plan prepared by a Professional Engineer or Landscape Architect licensed to
practice in Nova Scotia. Such plans shall include design calculations that confirm
the development, at a minimum, meets the following criteria:
(a) retains on-site stormwater runoff generated from the first 10 mm depth of a rainfall
event; and
(b) balances stormwater runoff generated after the first 10 mm of a rainfall event
to ensure matching of the pre- and post-development stormwater runoff
conditions.
4.4.5
In addition to Subsection 4.4.3, applications for large scale wind turbines and
small scale wind turbines shall be co-signed by the wind turbine operator and the
landowner, or their duly authorized agents and shall include:
(a) the results of a wind turbine noise modeling study or an equivalent study deemed
satisfactory to the Development Officer, which demonstrates the wind power
project's ambient degradation noise standard;
(b) if applicable, a copy of an Environmental Assessment and notice of the issuance
of any federal and/or provincial approvals, along with any changes, comments or
conditions imposed by federal and/or provincial regulatory authorities;
(c) a certified copy of the complete manufacturer's specifications for all proposed
wind turbines;
10
4 Development Permitting
(d) a copy of the applicant's decommissioning plan, which must identify the
following:
i.
any above ground components of the wind power project to be removed
from the site along with any site remediation, excluding roads, required to
return the site to a natural state;
ii. confirmation that decommissioning will commence within twelve (12) months
after operation of the wind turbine development has ceased; and
iii. confirmation that decommissioning will be completed within twelve (12)
months after decommissioning has commenced.
(e) written acknowledgment from the landowner(s) of the parcel(s) of land which
form part of the proposed wind power project that the Municipality shall not
be liable for any costs, fees, or expenses of any kind which may be incurred by
the landowner in relation to the decommissioning of the wind power project in
the event that the decommissioning plan is not completed to the landowner's
satisfaction or in accordance with any agreement that may have been entered
into between the landowner and the applicant;
(f)
if applicable, confirmation that the applicant has given notice to, and has
received approval from, any federal or provincial regulatory authorities including
but not limited to the Department of National Defense, Natural Resources Canada,
Transportation Canada, NAV Canada and any other applicable department
or agency with respect to any potential radio, telecommunications, radar and
seismoacoustic interference that may result from the proposed wind power
project. Copies of all such approvals must be obtained and provided to the
Development Officer before an application will be considered complete;
(g) any other information that may be requested by the Development Officer to
ensure compliance with the requirements of this Bylaw, including any other
information that the Development Officer deems necessary as a result of any
community meetings; and
(h) demonstration that the performance standards of the engagement program have
been met in compliance with Section 8.5, including:
i.
a copy of the letter mailed to land owners;
ii. a list of all PIDs and the applicable land owners to whom the letter was mailed;
iii. copies of the newspaper ads; and
iv. notes from the community meeting, including an accurate and detailed record
of all questions asked and answers given.
11
Municipality of Colchester - Land Use Bylaw
4.5
LOT PLAN REQUIREMENTS
4.5.1
Every application for a development permit shall be accompanied by a lot plan of
the proposed development, drawn to an appropriate scale and showing:
(a) the true shape and dimensions
of all lots to be used;
(b) the proposed location, height,
and dimensions of the building,
structure, or work for which the
permit is applied, including
measurements of the lot
frontage, front, side and rear
yards;
(c) the approximate location of
rights-of-way and easements
within the subject property;
(d) the location of every building
or structure already erected on
or partly erected on such lot;
(e) the proposed location and
dimensions of parking spaces,
loading spaces, driveways,
solid waste storage areas,
and landscaping areas, where
applicable;
(f)
the approximate location of all
watercourses on the property;
and
(g) other such information as
necessary to determine
whether or not every
development conforms to the
requirements of this Bylaw.
Figure 1. Example Lot Plan
4.5.2
In addition to the requirements of Subsection 4.5.1, the lot plan for a large scale
wind turbine or small scale wind turbine shall:
(a) be prepared by an engineer or surveyor licensed to practice in Nova Scotia; and
(b) show:
i.
the location of adjacent structures and land parcels and identifying all
dwellings, structures and public roads within two (2) kilometres of any
proposed wind turbine;
ii. compliance with the required minimum setbacks and separation distances,
where applicable, for the entire wind power project; and
iii. tables which provide the distance, in metres, from each wind turbine to external
property lines, public roads, and dwellings (both seasonal and permanent).
12
4 Development Permitting
4.5.3
Notwithstanding Subsection 4.5.1, a lot plan shall not be required for changes
in the use of a building that do not alter the exterior of the building, change the
parking requirements, or change landscaping and buffering requirements, unless
specifically requested by the Development Officer.
4.6
ADDITIONAL PLAN INFORMATION
4.6.1
Where the Development Officer is unable to determine whether the proposed
development conforms to this Bylaw or other Bylaws and regulations in force,
they may require that the lot plan submitted under Section 4.5 shows:
(a) the precise location of rights-of-way, easements, and watercourses;
(b) the location of every building erected upon any abutting lot;
(c) the location of existing and proposed walkways;
(d) the type and location of existing and proposed outdoor lighting;
(e) the type, location, and height of any existing and/or proposed retaining walls,
fences, hedges, trees, shrubs, or ground cover, as well as any retained natural
vegetation;
(f)
the location and type of any amenity area or facilities provided for users of the
development; and/or,
(g) existing and proposed service connections or on-site services.
4.7
ADDITIONAL STUDIES AND PLANS
4.7.1
Where necessary to determine conformance with this Land Use Bylaw or the
requirements of a development agreement, the Development Officer may require
the applicant to provide additional information at the necessary level of detail
and, if necessary, prepared by the appropriate qualified professional at the
applicant's cost. Such additional information may include, but is not limited to:
(a) site survey and/or location certificate prepared and stamped by a Nova Scotia
Land Surveyor;
(b) topography and soil conditions of the subject site;
(c) watercourse and/or wetland delineation study;
(d) stormwater management plan meeting the minimum criteria of Subsection 4.4.4;
(e) floor plans and elevation drawings of any proposed structures;
(f)
geotechnical study;
(g) site grading plan;
(h) traffic impact assessment or study;
(i)
groundwater supply study; and/or
(j)
any other information deemed necessary by the Development Officer.
13
Municipality of Colchester - Land Use Bylaw
4.8
VARIANCES
4.8.1
Notwithstanding anything in this Bylaw, the Development Officer may grant a
variance subject to Section 235 of the Municipal Government Act. Specifically,
the Development Officer may vary:
(a) the percentage of land that may be built upon;
(b) the size or other requirements relating to yards;
(c) lot frontage;
(d) lot area;
(e) the location and number of parking spaces and loading spaces required;
(f)
the ground area of a structure;
(g) the height of a structure;
(h) the floor area occupied by a home occupation; and/or
(i)
the height and area of a sign.
4.8.2
In accordance with the Municipal Government Act, the Development Officer shall
not grant a variance if:
(a) the variance violates the intent of the Land Use Bylaw;
(b) the difficulty experienced is general to properties in the area; or
(c) the difficulty experienced results from an intentional disregard for the
requirements of this Land Use Bylaw.
4.8.3
For greater clarity, any variance to the requirements of the Flood Overlays,
outlined in Part 33, are contrary to the intent of this Land Use Bylaw and shall not
be granted.
14
4 Development Permitting
4.9
SITE PLAN APPROVAL
4.9.1
This Bylaw states the types of land uses that are subject to site plan approval
through the permitted use tables and/or lists for each zone.
4.9.2
The approval and appeal procedures for site plan approval shall follow the
requirements of the Municipal Government Act.
4.9.3
Notwithstanding anything else in this Bylaw, the Development Officer shall not
approve a site plan that causes a deviation from the requirements of the Flood
Overlays, as outlined in Part 33.
4.9.4
All other applicable criteria of this Land Use Bylaw shall still apply to any
development proposed and undertaken through site plan approval, except for
the following which may be varied by the Development Officer:
(a) requirements related to setbacks;
(b) lot coverage; and,
(c) minimum parking requirements.
4.9.5
In addition to the requirements of Section 4.4.2 applications for site plan
approval shall include written rationale and any necessary supporting illustrations
addressing each of the applicable criteria outlined in Part 34.
4.9.6
In addition to the requirements of Section 4.4.2 the lot plan included in an
application for site plan approval shall include:
(a) property contours and elevations;
(b) existing topographical features on the lot and adjacent properties, including but
not limited to trees and shrubs, slopes, rock outcroppings, ground cover, etc.;
(c) proposed landscape details including but not limited to, the type, placement and
size of new trees and shrubs;
(d) the location and size of gardens;
(e) types of ground cover;
(f)
height and type of screening materials;
(g) location and type of existing trees and other features to be retained;
(h) location of snow storage;
(i)
location of waste management;
(j)
design of site grading and storm water management systems, prepared by a
Professional Engineer or Landscape Architect licensed to practice in Nova Scotia;
and
(k) text indicating the nature of site maintenance and upkeep.
Site Plan Approval Process
1
2
3
If application does not meet
zoning requirements:
-
The application may be denied.
-
The applicant has 7 days to appeal
to Council.
15
Municipality of Colchester - Land Use Bylaw
Figure 2. Site Plan Approval Process
4
5
16
4 Development Permitting
4.10 SITE PLAN APPROVAL EXEMPTIONS
4.10.1 Notwithstanding zone requirements for site plan approval, the following
developments shall be exempt from site plan approval, provided all other
requirements of this Bylaw are met:
(a) Interior building reconfigurations, or additions of up to a gross floor area of 25.0
square metres (269 square feet).
(b) Installation, replacement, or repair of building features, and building repairs or
additions that neither change the footprint of the building nor increase parking
requirements.
(c) Accessory structures with a footprint of less than 25.0 square metres (269 square
feet) on a property which is not subject to a previously approved site plan, or
where accessory structures are not indicated on a previously approved site plan.
(d) Changes to signage on a property which is not subject to a previously approved
site plan, or where signage was not indicated on a previously approved site plan.
(e) Temporary uses.
4.11
SITE PLAN APPROVAL REVIEW
4.11.1
The Development Officer shall review applications for new developments
permitted by site plan approval, and amendments to existing site plan approvals,
against all applicable criteria of this Land Use Bylaw and the applicable criteria in
Part 34.
4.12 SITE PLAN APPROVAL NOTIFICATION
4.12.1 Where the Development Officer has granted a site plan approval, notification of
the approval shall be served upon all assessed properties that lie within 150.0
metres (492.1 feet) of the property subject to the site plan approval.
4.13 SITE PLAN APPROVAL - LOCATION CERTIFICATE REQUIRED
4.13.1 A location certificate prepared by a Nova Scotia Land Surveyor shall be submitted
at the foundation stage to confirm that building setbacks have been adhered to
as depicted on the Site Plan.
17
Municipality of Colchester - Land Use Bylaw
5 Zones and Zoning Maps
5.1
ZONES
5.1.1
For the purposes of this Bylaw, the Municipality is divided into the following
zones, the boundaries of which are shown on the attached Schedule 'A'. Such
zones may be referred to by the appropriate symbols
Zone Name
Zone Symbol
Single Dwelling Unit Zone
R-1
Double Dwelling Unit Zone
R-2
Double Unit Conversion Zone
R-2C
Residential Medium Density Zone
R-3
Residential High Density Zone
R-4
General Commercial Zone
C-1
Highway Commercial Zone
C-2
Main Street Zone
MS
Local Commercial Zone
C-4
Industrial Zone
M
Airport Zone
AIR
Institutional Zone
I
Parks and Open Space Zone
P-1
Commercial Recreation Zone
P-2
Rural General Zone
RG
Rural Residential Zone
RR
Agricultural Potential Zone
AP
Rural Industrial Zone
RM
Shoreline Zone
SL
Comprehensive Development District Zone
CDD
Mi'kmaw Lands Zone
ML
Flow Way Zone
E-1
Flood Way Zone
E-2
18
5 Zones and Zoning Maps
5.1.2
In addition to 5.1.1, this Bylaw contains the following overlay zones, shown on the
attached Schedule 'B' and 'E', which implement additional requirements beyond
those created by the underlying zoning:
Overlay Name
Overlay Symbol
Flood Way Modification Overlay
E-3
Flood Way Fringe Overlay
E-4
Village Heritage Area Overlay
VHA
5.2
ZONING MAPS
5.2.1
Schedule 'A' attached hereto may be cited as the "Zoning Maps".
5.2.2
Schedule 'B' attached hereto may be cited as the "Overlay Maps".
19
Municipality of Colchester - Land Use Bylaw
6 General Provisions
6.1
APPLICATION OF GENERAL PROVISIONS
6.1.1
The provisions of this Part shall, unless otherwise specified, apply to all uses and
zones and shall prevail over all zone requirements except where expressly stated
otherwise.
6.2
ACCESSORY BUILDINGS
6.2.1
Accessory buildings shall be permitted in any zone but shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory
use;
(b) be located within the front yard of a lot;
(c) be permitted on a separate lot from a main building; unless otherwise indicated in
a particular zone;
(d) be originally constructed as a mobile home, a mini home, a construction trailer,
a trailer from a semi-trailer truck, or a shipping container, and placed in the
following zones:
i.
Single Dwelling Unit Zone
ii. Double Dwelling Unit Zone
iii. Double Unit Conversion Zone
iv. Residential Medium Density Zone
v. Residential High Density Zone
6.2.2
In a Residential or Commercial Zone, accessory buildings shall not:
(a) exceed 55.0 square metres (592.0 square feet) in total where the lot is less than
600.0 square metres (6,458 square feet) or exceed 10% of the lot area otherwise;
and
(b) exceed 45% of the available side and rear yard, in any case.
6.2.3
An accessory building or structure used to stable animals shall:
(a) not be located within 15.0 metres (49.2 feet) of a lot line;
(b) not have an area or facility used for the storage of animal waste located within 15.0
metres (49.2 feet) of a lot line.
6.2.4
For the purposed of this Bylaw, detached outdoor heating systems such as wood
furnaces, shall be considered and accessory structure and shall not be permitted
within a Growth Centre, as identified on Schedule 'C'.
6.3
ACCESSORY USES
6.3.1
Uses accessory to a permitted use shall be permitted in all zones.
20
6 General Provisions
6.4
BUILDING HEIGHT EXCEPTION
6.4.1
Notwithstanding building height requirements in this Bylaw, maximum height
requirements shall not apply to church spires; solar panels; observation
towers; silos; gondolas; water tanks; elevator enclosures; flag poles; television
or radio antennae; ventilators; skylights; chimneys; clock towers; guard rails;
telecommunication towers; appurtenances to industrial buildings, such as
hoppers, gasifiers, and condensers; and other similar structures.
6.5
BUILDING TO BE ERECTED ON A LOT
6.5.1
No person shall erect or use any building unless such a building is erected upon a
lot.
6.6
BUILDING TO BE MOVED
6.6.1
Moving a building onto a lot is considered development and subject to all
provisions of this Bylaw, including the requirement to first obtain a development
permit from the Development Officer
6.7
CONFORMITY WITH EXISTING SETBACKS
6.7.1
In residential zones, the Development Officer shall approve a front setback less
than the minimum front setback required in a zone if:
(a) the proposed setback is not less than the smallest front setback of any main
building within 60.0 metres (196.8 feet) on the same street and within the same
zone as the proposed building; and
(b) the proposed setback is not less than 2.0 metres (6.6 feet).
21
Municipality of Colchester - Land Use Bylaw
6.8
ENCROACHMENT PERMITTED IN MINIMUM SETBACKS
6.8.1
Every part of any minimum setback required by this Bylaw shall be open and
unobstructed by any structure from the ground to the sky.
6.8.2
Notwithstanding zone requirements, the following structures may project into or
be located in a required minimum setback in accordance with the distances set
out in Table 6-1 below:
Table 6-1: Permitted Encroachments
Structure
Required Setback in which
Projection is Permitted
Permitted Encroachment
Distance
Balconies, decks, patios,
steps, verandas, porches
(open) not exceeding one
storey in height, verandas
(uncovered)
Any
2.0 m (6.5 ft), but shall
not be permitted within
1.0 m (3.3 ft) of a lot line
Structures ensuring barrier-
free access
Any
To lot line
Exterior Insulation retrofitted
to an existing dwelling
Any
0.3 m (0.98 ft)
Fire escapes and exterior
staircases
Rear and Side
1.5 m (4.9 ft)
Residential garages and
carports attached to the main
dwelling
Side
To within 1.0 m (3.3 ft) of
side lot line
Sills, belt courses, cornices,
eaves, gutters, chimneys,
pilasters, or similar
architectural features
Any
0.6 m (1.9 ft)
Window bays
Any
1.0 m (3.3 ft)
22
6 General Provisions
6.9
EXISTING UNDERSIZED LOTS
6.9.1
Any lot legally in existence on or before June 12th, 2025, having less than the
required minimum lot frontage or area, may be:
(a) used for a purpose permitted in the zone on the lot and a building may be
erected on such lot, provided that all other applicable provisions of this Bylaw are
satisfied; and
(b) increased in area and/or frontage as a result of an approved plan of subdivision
and still be considered an undersized lot under this Bylaw.
6.9.2
Any lot legally created after the effective date of this Bylaw through a provision
of the Act or Subdivision Bylaw that specifically exempts subdivisions from
compliance with municipal Land Use Bylaw minimum lot area or minimum lot
frontage requirements shall be considered an existing undersized lot under this
Land Use Bylaw.
6.10 FARM, FISH, AND FORESTRY STALLS
6.10.1 Nothing in this Bylaw shall prevent the direct sale of fish or other seafood; farm
products such as, but not limited to, flowers, fruit, and vegetables; and forestry
products such as, but not limited to, Christmas trees, wreaths, and maple
products by individuals or companies engaged in the harvesting of such, subject
to the following provisions:
(a) any associated structures shall be limited to a maximum total footprint of 10.0
square metres (107.6 square feet) on a lot;
(b) associated structures shall meet zone requirements for minimum side and rear
setbacks, but shall not be required to meet minimum front setbacks; and
(c) no development permit shall be required.
6.11
FLAG LOTS
6.11.1
Where development is permitted
on a flag lot, zone standards
for minimum lot area shall be
satisfied within the main portion
of the flag lot and the lot area
contained within the prolongation
shall not count towards satisfying
that requirement.
Figure 3. Flag Lot Minimum Lot Area
st re et
Main Portion of Lot
Area Counted Towards
Minimum Lot Area
Prolongation
Flag Lot
23
Municipality of Colchester - Land Use Bylaw
6.12 FRONTAGE ON A STREET
6.12.1 No development permit shall be issued unless 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 street or private road.
6.12.2 Notwithstanding Subsection 6.12.1 and anything else in this Bylaw, the Subdivision
Bylaw does not permit the subdivision of lots fronting on a private road in
Subdivision Area 1, and no development permit shall be issued on existing lots
fronting on a private road in Subdivision Area 1, except for the following uses
(subject to zone permitted uses):
(a) Accessory Dwelling Unit
(b) Dwellings - Up to 2 dwelling units on a lot
(c) Parks and Open Space
(d) Residential Facilities - Up to 6 bedrooms
(e) Walkways and Trails
6.12.3 Notwithstanding Subsection 6.12.1, abattoirs, aggregate-related industries,
agriculture-related industries, fishing-related uses, and forestry-related uses
shall be permitted to front on a right-of-way. Any structures associated with the
uses permitted under this Subsection and to be established on an approved lot
created after the effective date of this Bylaw shall be temporary, portable, and
incidental to such uses.
6.12.4 Notwithstanding Subsection 6.12.1, commercial solar panels, wind turbines,
temporary wind test towers, telecommunications towers, and cemeteries shall be
permitted to front on a right-of-way.
6.13 ILLUMINATION
6.13.1 Exterior lighting on any lot shall be top shielded and shall be directed away from,
and not cause glare on, adjoining properties or adjacent streets.
6.14 ISLAND DEVELOPMENTS
6.14.1 Notwithstanding minimum lot frontage requirements, the Development Officer
may grant a development permit for development on an island that does not
contain a public street or private road, provided:
(a) the lot has a minimum of 6.0 metres (19.7 feet) of water frontage on the body of
water that creates the island; and
(b) all other requirements of this Bylaw and the Subdivision Bylaw are satisfied.
6.15 LOT AREA INCLUDING FLOOD PLAINS
6.15.1 A development permit may be issued in a zone where part of the minimum lot
area, frontage, or required lot line setbacks is met by land within a Flood Overlay,
provided all other requirements of the two zones are met.
24
6 General Provisions
6.16 MULTIPLE MAIN BUILDINGS
6.16.1 Unless otherwise prohibited in this Bylaw, any number of main buildings may
locate on the same lot, subject to applicable zone requirements.
6.17 MULTIPLE LAND USES ON PROPERTY
6.17.1
In any zone, where any land or building is used for more than one (1) main uses,
all the provisions of this Bylaw relating to each use shall be satisfied. Where there
is a conflict, such as in the case of lot area or lot frontage, the higher or more
stringent standard shall prevail.
6.18 NON-CONFORMING STRUCTURES
6.18.1 Except where otherwise provided for by this Section, non-conforming structures
shall be subject to the provisions for non-conforming structures of the Municipal
Government Act.
6.18.2 Notwithstanding lot area, lot frontage, and minimum setback requirements of this
Bylaw, the use of a non-conforming structure may be changed to any other use
permitted in that zone, provided all other requirements of this Bylaw are met.
6.18.3 Non-conforming structures may be replaced, reconstructed, enlarged,
renovated, and/or repaired, provided:
(a) any such construction does not further infringe on the Bylaw requirements(s) that
created the non-conformity; and
(b) all other requirements of this Bylaw are met.
6.19 NON-CONFORMING USES
6.19.1
Non-conforming uses shall be subject to the provisions for non-conforming uses
of the Municipal Government Act.
6.20 SCREENING
6.20.1 Where, under this Bylaw, visual
screening is required to be
provided and maintained,
the minimum height shall be
2.0 metres (6.6 feet). Where a
vegetative screen is proposed,
such shall be planted at a
sufficient rate to create an
opaque surface and a 2.0 metres
(6.6 feet) high temporary wood
fence shall be built to provide
screening until vegetation is of
sufficient height and density.
Figure 4. 2 m Screening
2 m
Screening
25
Municipality of Colchester - Land Use Bylaw
6.21 SIDE SETBACK REQUIREMENT - EXCEPTION
6.21.1 Notwithstanding anything else
in the Bylaw, where buildings on
adjacent lots share a common
wall, the applicable minimum side
setback requirements shall be
waived.
Figure 5. Minimum Side Setback Exception
6.22 SPECIAL OCCASION USES PERMITTED
6.22.1 Nothing in this Bylaw shall prevent the use of land, or the erection of temporary
buildings or structures for special occasions and holidays provided that no such
use, building or structure remains in place for more than ten (10) consecutive days
following the termination of the special occasion or holiday.
6.23 SUBDIVISION FOR EXISTING DWELLINGS SERVICED BY PUBLIC
SEWER
6.23.1 Where a lot serviced by public sewer contains more than one dwelling legally
existing prior to November 18, 1994, the lot may be subdivided to locate the
dwellings on separate lots and the lot frontage and lot area requirements
contained elsewhere in the Bylaw shall be waived for each lot containing a main
dwelling provided:
(a) each lot has a minimum street frontage of 4.0 metres (13.2 feet); and
(b) no internal lot dimension is less than 4.0 metres (13.2 feet); and
(c) each lot shall have a minimum area of 400.0 square metres (4,305.6 square feet).
6.23.2 A development permit may be issued for lots created under Subsection 6.23.1 as
if the lots were existing, undersized lots under Section 6.9.
st re et
Shared Wall
Lot Line
26
6 General Provisions
6.24 SWIMMING POOLS
6.24.1 In-ground swimming pools having a depth exceeding 0.46 metres (1.5 feet) and
above ground swimming pools having a depth exceeding 1.0 metres (3.2 feet)
which are located in a Residential or Commercial Zone shall:
(a) be enclosed by a fence having
a minimum height of 1.5 metres
(5.0 feet) measured at grade;
(b) have self-latching gates;
(c) be set back from property
lines the greater of the zone
requirements for accessory
buildings or 2.0 metres (6.6
feet); and
(d) not be located within the front
or flanking yard.
Figure 6. Swimming Pool Requirements
6.25 TEMPORARY USES PERMITTED
6.25.1 Nothing in this Bylaw shall prevent, and no development permit is required for, the
temporary use of a building, structure or portable equipment incidental to a main
construction project, such as but not limited to a construction camp, tool shed, or
scaffold, and including a sales or rental office incidental to construction, provided
that a development permit has been issued for the main construction project and
the temporary use is discontinued and removed within sixty (60) days following
the completion of the main construction project. This provision shall not apply to
temporary wind test tower facilities.
6.26 INTER-JURISDICTION DEVELOPMENT AGREEMENTS
6.26.1 Pursuant to Policies 2 and 3 of the Truro - Colchester Inter-municipal Planning
Strategy on Inter-jurisdictional Properties, and notwithstanding the provisions of
this Bylaw, Council may consider, subject to a joint public hearing with the Town
of Truro, a commercial / light industrial development on a property that is located
in both the Town of Truro and the Municipality of Colchester as depicted on the
Future Land Use Map associated with the above Strategy.
st re et
Building
2 m
Pool
>0.46 m
1.5 m
2 m
Front Yard
Flanking Yard
Fence
st re et
27
Municipality of Colchester - Land Use Bylaw
6.27 USE OF FORMER COMMUNITY FACILITIES
6.27.1 The reuse of former community facilities, existing on March 27, 2025, including,
but not limited to, schools, community halls, places of worship, and other similar
community facilities, and meeting the following requirements shall be permitted to
convert to a dwelling use, subject to the applicable site plan approval criteria in
Part 34:
(a) the community facility is located in a zone that otherwise permits dwellings; and
(b) the proposed number of dwelling units does not exceed three times the number
of dwelling units that would be permitted in the applicable zone and on that
specific lot.
6.27.2 The reuse of former community facilities, existing on March 27, 2025,, including,
but not limited to, schools, community halls, places of worship, and other similar
community facilities, shall be considered to assume a use not otherwise permitted
by Subsection 6.27.1 or in the applicable land use zone in which the community
facility is located, by development agreement, subject to Policy 5-70 of the
Municipal Planning Strategy.
6.28 VISIBILITY AT INTERSECTIONS
6.28.1 On a corner lot in any zone,
no structure, vegetation, or
outdoor storage or display shall
be erected, established, or
permitted to grow to a height
greater than 0.61 metres (2.0
feet) within the corner lot sight
triangle.
Figure 7. Corner Lot Sight Triangle
6.29 WELLS
6.29.1 No well shall be installed within 30.0 metres of active cropland or an intensive
livestock operation. This requirement shall not apply to wells installed by the
owner of the cropland or livestock operation.
6.29.2 Notwithstanding Subsection 6.29.1, the Development Officer may reduce or waive
the separation distance for a well with the written consent of the owner of the
active cropland or intensive livestock operation.
st re et
st re et
st re et
Height: <0.61 m
Corner Lot Sight Triangle
28
6 General Provisions
6.30 WATERCOURSE & SHORELINE BUFFERS
6.30.1 All development, with the exception of the following, shall be prohibited
within 15.0 horizontal metres (49.2 feet) of the ordinary high watermark of any
watercourse and 30.0 metres (98.4 feet) of the top of bank on the marine
shoreline as determined by a qualified professional:
Figure 8. Development Buffer from Watercourses and Marine Shoreline
(a) Shoreline stabilization works.
(b) Boat houses, fishing gear sheds, docks, wharves, piers, and slipways.
(c) Fishing uses.
(d) Safety fences that do not exceed a height of 2.0 metres (6.5 feet).
(e) Boardwalks, walkways, and trails with a maximum width of 3.0 metres (9.8 feet).
(f)
Parks & Open Space uses.
(g) Pumphouses.
(h) Scientific research structures.
(i)
Conservation uses.
(j)
Public streets and infrastructure.
(k) Development within the Debert Industrial Park.
6.30.2 Notwithstanding Subsection 6.30.1, existing buildings located within a
watercourse or shoreline buffer may be reconstructed, renovated, repaired,
moved, or replaced provided that the work does not increase the building's
footprint within the buffer or reduce the depth of the shoreline buffer and all other
applicable requirements of this Bylaw are met.
6.30.3 Notwithstanding Subsection 6.30.1, where the size and configuration of a lot
created prior to the effective date of this Bylaw is such that no main building could
be located on the lot the Development Officer may reduce the zone standards for
minimum setbacks to the extent necessary to accommodate a main building not
exceeding a footprint of 100 square metres (1,076 square feet), provided:
(a) the watercourse or shoreline buffer has already been reduced to the maximum
amount possible through the use of Section 6.31; and
(b) all other requirements of this Bylaw are met.
Ordinary High Watermark
15 m
Top of Bank
30 m
29
Municipality of Colchester - Land Use Bylaw
6.31 WATERCOURSE & SHORELINE BUFFER REDUCTION
6.31.1 Notwithstanding Subsection 6.30.1 the Development Officer may issue a permit
for a reduced watercourse or shoreline buffer subject to a detailed study,
including a site plan, prepared by a qualified professional at the applicant's cost
that clearly demonstrates:
(a) the proposed development is a minimum of 1.0 metres (3.3 feet) in elevation
above the ordinary high water mark and meets the minimum coastal elevation if
applicable, as set out in Section 6.32;
(b) the proposed development is set back a minimum of 15.0 metres (49.2 feet) from
the top of bank for shoreline development, or 7.5 metres (24.6 feet) from the
ordinary high water mark of inland watercourses, as applicable;
(c) the reduction of the buffer area does not increase the hazard posed by shoreline
erosion; and
(d) the land being developed is not subject to seasonal flooding.
6.32 COASTAL ELEVATION
6.32.1 No building shall be constructed with the floor level of any habitable area located
below the following elevations, relative to the Canadian Geodetic Vertical Datum
of 2013 (CGVD2013), on lands identified as such on Schedule 'D', the Coastal
Elevation Map:
(a) 2.6 metres (8.6 feet) on the Northumberland Coast
(b) 7.1 metres (23.3 feet) on the Minas Basin
6.33 STORMWATER MANAGEMENT
6.33.1 Commercial, industrial, or residential development with a total combined building
footprint of 930 square metres (10,000 square feet) or greater shall manage
stormwater in a manner that, at a minimum:
(a) retains on-site stormwater runoff generated from the first 10 mm depth of a rainfall
event; and
(b) balances stormwater runoff generated after the first 10 mm of a rainfall event
to ensure matching of the pre- and post-development stormwater runoff
conditions.
6.33.2 The Development Officer may, in their sole discretion, require any other
development to meet the minimum stormwater management standards of
Subsection 6.33.1.
30
6 General Provisions
6.34 SOURCE WATER AREA PROTECTION
6.34.1 Notwithstanding the uses permitted by the underlying zoning, the following uses
shall be prohibited within source water areas as identified on the Zoning Map:
(a) Aggregate-related industries
(b) Cemeteries
(c) Heavy equipment sales and service
(d) Heavy industrial uses
(e) Solid waste disposal
(f)
Warehousing and light industrial uses involving the bulk storage of chlorinated
organic compounds, petroleum solvents, or petroleum fuels, excluding propane
31
Municipality of Colchester - Land Use Bylaw
7 Use Specific/Conditional Use
Requirements
7.1
ACCESSORY DWELLINGS
7.1.1
Where permitted, accessory dwellings shall be subject to the following
requirements:
(a) only one accessory dwelling shall be permitted on a lot;
(b) the accessory dwelling shall not count towards the number of dwellings
permitted on the lot;
(c) the gross floor area of the accessory dwelling shall not exceed 100.0 square
metres (1,076 square feet) or 50% of the gross floor area of the primary dwelling,
whichever is larger;
(d) if the accessory dwelling is combined with another accessory use, such as a
detached garage, only floor area dedicated to the exclusive use of the accessory
dwelling shall be counted for the purposes of clause (c); and
(e) if the accessory dwelling is located in a separate building from the main dwelling:
i.
the accessory dwelling shall be subject to the height requirements for
accessory buildings in the applicable zone and all other zone requirements
for main buildings;
ii. the accessory dwelling shall be separated from the main dwelling by a
minimum of 3.0 metres (9.9 feet);
iii. the accessory dwelling shall be located in the rear or side yard;
iv. if located in the side yard in the Double Unit Conversion (R-2C) Zone, shall be
consistent with the main dwelling in terms of roof lines and massing; and
v. notwithstanding Subsection 6.2.2, lot coverage for all buildings and structures
shall not exceed 40%.
7.2
ACCESSORY SOLAR PANEL SYSTEMS
7.2.1
Accessory solar panel systems:
(a) shall be permitted as an accessory use in all zones and may be mounted as free-
standing structures or on buildings;
(b) when mounted on buildings may exceed the maximum building height in the zone
by up to 2.0 metres (6.5 feet); and
(c) when mounted as free-standing structures shall:
i.
not exceed the permitted height for accessory buildings in the applicable zone;
ii. not be located in any minimum front or flankage setback for accessory
buildings; and
iii. not exceed a combined panel area of 100.0 square metres (1,076 square feet).
32
7 Use Specific/Conditional Use Requirements
7.3
COMMERCIAL INSTRUCTION OF ONE STUDENT AT A TIME
7.3.1
Nothing in this Bylaw shall prevent, and no development permit shall be required
for, the use of a portion of any dwelling or building accessory to a dwelling for the
commercial instruction of one (1) student at a time.
7.4
ELECTRIC VEHICLE CHARGING - ACCESSORY
7.4.1
Electric vehicle charging stations shall be permitted as an accessory use in all
zones and a development permit shall not be required.
7.5
EXISTING LAND LEASE COMMUNITIES
7.5.1
Land lease communities that legally existed on the effective date of this Bylaw
shall be considered permitted uses; however, they shall not be permitted to
expand beyond the boundaries of the use as it existed on the effective date of
this Bylaw except in compliance with the requirements of the applicable zone.
7.5.2
For greater clarity, new land lease communities and expansions to existing land
lease communities shall be considered dwelling uses and shall be regulated
based on the number of dwelling units on a lot.
7.5.3
Notwithstanding Subsection 6.2.2 buildings accessory to the dwellings in existing
land lease communities shall meet the following requirements:
(a) No more than two (2) detached accessory buildings or structures shall be
permitted accessory to each dwelling and each shall not have a floor area
exceeding 20 square metres (215 square feet).
(b) Attached garages or carports shall not have a gross floor area exceeding 40
square metres (430 square feet).
(c) No accessory building or structure shall have a total height greater than 5.0
metres (16.4 feet).
(d) Detached accessory buildings and structures shall not be located closer to any
park street or public street or road than the dwelling.
(e) Detached accessory buildings shall not be located within:
i.
1.0 metres (3.3 feet) of any other accessory building on the lease space; and,
ii. 2.5 metres (8.2 feet) of any dwelling; and,
iii. 1.0 metres (3.3 feet) of a property line.
7.5.4
For greater clarity, buildings accessory to the land lease development itself,
such as maintenance sheds, shall be subject to the requirements for accessory
buildings in the applicable land use zone.
7.6
FISHERY STORAGE
7.6.1
Notwithstanding the provisions of this Bylaw, the storage of equipment associated
with the fishing industry use shall be permitted as an accessory use in the Rural
General and Agriculture Potential Zones.
33
Municipality of Colchester - Land Use Bylaw
7.7
HOME OFFICES
7.7.1
Nothing in this Bylaw shall prevent, and no development permit shall be required
for, the use of a portion of any dwelling or building accessory to a dwelling as
a personal office or studio for residents of the dwelling if the personal office or
studio is not intended to be visited by members of the public.
7.8
HOME OCCUPATION
7.8.1
Home occupations shall be permitted as an accessory use to dwellings, subject
to the standards of Table 7-1.
Table 7-1 - Home Occupation Standards
R-1, R-2, R-2C, R-3, R-4
Zones
All Other Zones
(a) Permitted uses
i.
business &
professional offices
ii. daycare centre - up
to 6 dependents
iii. education - up to 6
students
iv. personal services
v. animal care
vi. building contractor
vii. business & professional
offices
viii. business services
ix. craft food & beverage
production
x. daycare centre - up to
12 dependents
xi. education - up to 12
students
xii. medical clinics
xiii. personal services
xiv. repair shops
xv. workshops
(b) Maximum number
of on-site,
non-resident
employees
i.
2
ii. 3
34
7 Use Specific/Conditional Use Requirements
(c) Maximum floor
area
i.
25 percent of the
gross floor area of
the dwelling unit or
50 square metres
(538 square feet),
whichever is less.
ii. 200 square metres
(2,152 square feet) if in
an accessory building;
or
iii. if within the dwelling,
not more than 40
percent of the gross
floor area of the
dwelling.
(d) Outdoor storage
and display
i.
None
ii. the total area of
outdoor storage
and outdoor display
(combined) shall not
exceed the maximum
permitted floor area of
the home occupation.
iii. outdoor storage and
outdoor display shall
not be permitted in
the front or flankage
yard or in the minimum
required side and rear
setbacks.
iv. visual screening
meeting the
requirements of
Section 6.20 shall
be provided and
maintained.
(e) Retail sales
Retail sales shall be limited to the sale of products
made, assembled, refined, or repaired on the premises;
and the sale of goods or materials associated with and
secondary to the main business, such as the sale of
shampoo by a hairdresser.
7.9
INTENSIVE LIVESTOCK OPERATIONS
7.9.1
The development of new intensive livestock operations shall meet the following
separation distances:
(a) 100 metres (328.1 feet) from existing off-farm dwellings;
(b) 200 metres (656.2 feet) from existing public buildings;
7.9.2
For greater clarity, the provisions of Subsection 7.9.1 shall not apply to intensive
livestock operations existing as of the effective date of this Bylaw, or to intensive
livestock operations that are developed in compliance with Subsection 7.9.1 and
later experience encroachment of the uses in Subsection 7.9.1 into the identified
separations distances.
35
Municipality of Colchester - Land Use Bylaw
7.10
KENNELS
7.10.1
A kennel, where permitted, shall meet the following requirements:
(a) any proposed outdoor animal enclosure shall be located a minimum of 150 metres
(493 feet) from off-site dwellings existing on the date of the of application for a
development permit for the kennel; and
(b) any proposed building or outdoor animal enclosure shall be located a minimum
of 15.0 metres (49.3 feet) from any property line.
7.10.2 The perimeter of an outdoor animal enclosure shall be screened with an opaque
material such as a solid board fence to a minimum height of 2.0 metres (6.6 feet).
7.10.3 Notwithstanding clause (a), an outdoor animal enclosure may be located a
minimum of 100 metres (328.1 feet) from a dwelling unit existing on the effective
date of this Bylaw provided a minimum 2.5 metre (8.2 feet) wide acoustical buffer
is provided and maintained around the infringing side(s) of an outdoor animal
enclosure at a distance of 3.0 metres (9.8 feet) and not more than 5.0 metres (16.4
feet) from the fence. Such an acoustical buffer shall comprise the following:
(a) coniferous trees having a minimum height of 2.0 metres (6.6 feet) and planted at a
rate not exceeding 1.5 metres (4.9 feet) on center in a staggered arrangement for
the entire depth and area; or
(b) an earthen berm having a minimum height of 2.0 metres (6.6 feet); or
(c) notwithstanding the required distances above, a synthetic acoustical treatment
attached to the fence and designed for such purposes which is installed in
accordance with the manufacturer's specifications.
7.10.4 Buildings devoted to the kennel facility shall be constructed in accordance with
the Municipality's Building Bylaw and have a minimum insulating value of R-12 for
walls and R-20 for ceilings.
7.11
PLACES OF WORSHIP & EDUCATION USES
7.11.1
Where this Bylaw permits places of worship or education uses with conditions the
following requirements shall be met:
(a) No open storage or outdoor display shall be permitted in a required setback
abutting a residential zone.
(b) Outdoor storage and accessory uses shall be screened, in accordance with
Section 6.20.
(c) Screening shall be sited between the use to be screened and the lot line.
(d) In addition to the signage requirements of Part 10, the following provisions apply
to signs located in a yard abutting a residential zone:
i.
All signs located in the abutting yard shall be non-illuminated.
ii. All signs shall be set back at least 3.0 metres (9.8 feet) from the abutting
property line.
iii. The maximum sign area shall be 1.5 square metres (16.1 square feet).
36
7 Use Specific/Conditional Use Requirements
7.12
SCRAP/SALVAGE YARDS
7.12.1
Scrap yards, where permitted, shall meet the following requirements:
(a) The scrap yard use shall be enclosed entirely with an opaque fence or earthen
berm a minimum of 2.0 metres (6.6 feet) in height.
(b) No open storage shall be permitted on the exterior of the fenced or bermed
compound.
(c) No open storage shall be permitted within 61.0 metres (200 feet) of an existing
well or watercourse.
7.13
UTILITIES
7.13.1
Unless otherwise stated, any public utility that is essential for the actual provision
of a service, not including energy generation systems, wind turbines, and large-
scale solar panel systems, shall be permitted in any zone and shall be exempt from
zone standards. These utilities include, but are not limited to, a sewer collection
system, a sewage treatment facility, a water supply and distribution facility, a
transportation facility, telephone switching centres, electrical substations, and a
natural gas transmission and distribution facility.
7.13.2 For greater clarity, uses not directly related to the provision of utility service shall
not be included in the exemptions of this Section, and shall only be permitted
in accordance with zone requirements. Such uses include, but are not limited to,
administrative offices and maintenance depots.
7.13.3 Further to Subsection 7.13.1, antenna projects subject to federal approval shall
comply with the Municipality's Antenna Siting Procedure Policy.
37
Municipality of Colchester - Land Use Bylaw
8 Wind Turbines and Temporary
Wind Test Towers
8.1
APPLICABILITY
8.1.1
Notwithstanding zone standards and permitted uses, all large scale wind turbines
and all small scale wind turbines shall be permitted subject to the requirements of
this Part and the application requirements of Section 4.4.2.
8.1.2
This Part shall not apply to micro scale wind turbines.
8.2
OFFENCE AND PENALTY
8.2.1
It shall be an offence to:
(a) contravene any provision of this Part;
(b) contravene any condition in a Site Plan Approval issued or renewed pursuant to
this Part;
(c) fail to comply with any representations contained within an application upon
which a Site Plan Approval was issued or renewed pursuant to this Part;
(d) interfere with the efforts of the Development Officer in enforcing this Part; or
(e) fail to carry out the obligations of the decommissioning plan.
8.2.2
Any individual or organization who commits an offence pursuant to Subsection
8.2.1 of this Part shall be punishable on summary conviction as follows:
(a) for a first offence, by a fine of not less than $1,000 and not more than $5,000 and
to imprisonment of not more than two (2) months in default of payment thereof;
(b) for a second offence, by a fine of not less than $2,000 and not more than $10,000
and to imprisonment of not more than two (2) months in default of payment
thereof; and
(c) for a third and subsequent offence, by a fine of not less than $5,000 and not
more than $20,000 and to imprisonment of not more than two (2) months in
default of payment thereof.
38
8 Wind Turbines and Temporary Wind Test Towers
8.3
LOCATION CONDITIONS
8.3.1
A wind power project shall meet the following conditions:
(a) The minimum setback for a large scale wind turbine from external property lines
and public roads is one (1) times the wind turbine height. This minimum setback
shall not apply where the adjoining property is part of the wind power project,
in which case there shall be provided to the Development Officer a letter of
agreement from the adjoining property owner if different than the applicant.
(b) The minimum setback for the location of a small scale wind turbine from an
external property line is two (2) times the wind turbine height. This minimum
setback shall not apply where the adjoining property is part of the wind power
project, in which case there shall be provided to the Development Officer written
permission from the adjoining property owner, if different than the applicant, in a
form approved by the Development Officer from time to time.
(c) The minimum separation distance for the location of a large scale wind turbine
from an existing dwelling on a neighbouring property is the greater of the
distance necessary to satisfy the noise standards of clause (d) or four (4) times
the height of the wind turbine.
(d) Large scale wind turbines shall not have an ambient degradation noise standard
greater than 40 dB(A) as measured at existing dwellings.
8.4
WIND TURBINE DESIGN
8.4.1
Wind turbines shall have a non-reflective matte finish in an unobtrusive colour.
8.4.2
Wind turbines shall meet the following signage requirements:
(a) The wind turbine shall not contain any commercial advertising.
(b) The nacelle of a wind turbine may display the name or logo of the manufacturer
of the wind turbine or the name or the logo of the owner or operator of the wind
turbine.
(c) Site signs shall be limited to those that identify the wind power project, those that
locate access points, and those that provide safety and educational information.
8.4.3
Wind turbines shall not have artificial lighting, except for lighting that is required by
Transport Canada or other Provincial or Federal regulatory authorities.
8.4.4
Wind turbine power projects shall be protected from unauthorized access by:
(a) security fences that prevent access to the base of each wind turbine and with a
minimum height of 1.8 metres (5.9 feet) and a lockable gate;
(b) having any ladder or permanent tower access located no closer to the ground than
3.7 metres (12.2 feet); or
(c) for monopole designs with internal access only, a lockable door.
8.4.5
The minimum ground clearance for a rotor blade shall be 7.5 metres (24.6 feet).
8.4.6
Outdoor storage shall be considered an accessory use to a wind power project,
and any such outdoor storage occurring after the completion of installation or
construction of the wind power project shall be screened from the view from
adjacent dwellings and public highways.
39
Municipality of Colchester - Land Use Bylaw
8.5
WIND TURBINE ENGAGEMENT PROGRAM PERFORMANCE
STANDARDS
8.5.1
Prior to application for a development permit for a wind power project, the
applicant shall conduct a public engagement program.
8.5.2
The public engagement program required by Subsection 8.5.1 shall consist of a
minimum of:
(a) a public meeting that:
i.
is held in the community where the proposed wind power project is to be
installed;
ii. includes a presentation and question-and-answer period by the applicant on
the proposed wind power project; and
iii. includes the site plan that will be submitted to the Municipality; and
(b) written notice to the Municipal Clerk and Development Officer, and all land
owners who own land within two (2) kilometres of the boundaries of the proposed
wind power project, which notices shall:
i.
be sent by way of regular mail to the registered address of the land owner(s);
ii. be post dated at least three (3) weeks prior to the date of the public meeting
required by clause (a); and
iii. include the date, time, and location of the public meeting required by clause
(a); and
(c) notice of the community meeting held pursuant to clause (a) to be advertised in
the local daily newspaper at least two (2) times, the first notice to be published
at least fourteen (14) days before the date of the meeting and the second notice
being at least seven (7) days before the date of the meeting.
8.5.3
Council may establish a Community Monitoring Committee in accordance with
Council Policy on Terms of Reference for a Citizen Monitoring Committee.
40
8 Wind Turbines and Temporary Wind Test Towers
8.6
WIND TURBINE CONSTRUCTION PERFORMANCE STANDARDS
8.6.1
Once determined, the applicant shall submit to the Development Officer
drawings which demonstrate that the foundations to support a wind turbine will
satisfy both manufacturer's specifications for the wind turbine as well as industry
standards for foundations for the wind turbine, to be prepared by an engineer
who is licensed to practice in the Province of Nova Scotia.
8.6.2
Within two (2) months of the installation of a wind turbine or the completion of a
phase in a multi-phased wind power project, the applicant shall submit a location
certificate prepared by a surveyor who is licensed to practice in Nova Scotia or
a drawing prepared by an engineer who is licensed to practice in Nova Scotia
which confirms that the location of installed wind turbine(s), or preparation for
the installation of wind turbine(s), is in compliance with the minimum setbacks and
separation distances as required by this Part.
8.7
TEMPORARY WIND TEST TOWER FACILITIES
8.7.1
Notwithstanding zone standards for permitted uses, lot size, frontage, height, and
setbacks, temporary wind test tower facilities shall be permitted and shall require
a development permit.
8.7.2
Temporary wind test tower facilities shall be dismantled at the expiry of the
development permit.
8.7.3
For the purposes of clarity, a failure to dismantle a temporary wind test tower
facility by the time the development permit has expired shall be an offence under
this Bylaw.
8.8
TEMPORARY WIND TEST TOWER FACILITIES PERFORMANCE
STANDARDS
8.8.1
Prior to the installation of any temporary wind test tower facilities, the applicant
shall provide written notice to all landowners who own land within two (2)
kilometres of the location on which temporary wind test tower facilities are
intended to be installed, by way of regular mail to the registered address of
the land owner, no later than three (3) weeks prior to the commencement of
construction. Such written notice shall identify:
(a) what temporary wind test tower facilities are to be installed;
(b) where the temporary wind test tower facilities will be located;
(c) when the temporary wind test tower facilities will be installed and when the
temporary wind test tower facilities will be active;
(d) the purpose of the temporary wind test tower facilities, including but not limited
to the purpose of completing testing in contemplation of a future wind power
project and a general description of such future wind power project.
8.8.2
A copy of the written notice prescribed by Subsection 8.8.1 shall also be
submitted to the Municipal Clerk and Development Officer for circulation
to Councillors no later than three (3) weeks prior to the commencement of
construction.
41
Municipality of Colchester - Land Use Bylaw
8.9
DECOMMISSIONING
8.9.1
Prior to the issuance of a development permit for a wind power project, the
applicant shall provide a decommissioning bond in an amount of not less than
125% of the estimated present-day cost to decommission the wind power
project, less the estimated present day scrap value of the wind power project,
as estimated by an engineer licensed to practice in Nova Scotia or by another
qualified person deemed appropriate by the Development Officer.
8.9.2
At the end of the operational life of a wind power project or part thereof,
occurring either at the choice of the owner and/or operator or at the discretion
of the Development Officer or for any other reason contemplated in this Bylaw,
and upon a finding by the Development Officer that the decommission plan
has not been carried out in a way satisfactory to the Development Officer, the
Development Officer may:
(a) give notice to the owner and/or operator advising them of any steps necessary
to complete the decommission plan and directing the owner and/or operator to
take such steps to complete decommissioning of the wind power project within a
reasonable period of time and at the owner and/or operator's expense;
(b) if the owner and/or operator does not abide by the direction of the
Development Officer within a reasonable period of time after notice is given
pursuant to clause (a), carry out any steps the Development Officer had deemed
necessary to complete decommission of the wind power project on behalf of the
owner and/or operator.
8.9.3
The Municipality shall be entitled to call upon the decommissioning bond
provided pursuant to Subsection 8.9.1 to cover the costs of decommissioning in
accordance with the decommissioning plan.
8.9.4
In the event the decommissioning bond does not cover the cost of
decommissioning the owner and/or operator shall be responsible for the
remaining costs and shall be immediately payable upon demand by the
Development Officer. Any costs not recovered shall form a lien against the
property in accordance with s.507 of the Municipal Government Act, 1998 S.N.S.
c. 18, as amended.
42
9 Parking
9 Parking
9.1
APPLICATION OF PARKING REQUIREMENTS
9.1.1
For every building or structure to be erected or enlarged, or for which an
application for a development permit involving a change in use is made, off-
street automobile parking located within the same lot as the use and having
unobstructed access to a public street shall be provided and maintained in
accordance with the following requirements:
(a) Automobile parking shall be provided and maintained in conformity with Table 9-1,
below. If a use is not listed in the table below, no parking minimums shall apply.
(b) Where a lot contains more than one (1) use, the number of required automobile
parking spaces shall be the sum of the number of parking spaces required for
each use.
(c) Where the number of automobile parking spaces required includes a fraction
or fractions of whole spaces, the number of spaces for all uses shall be totaled
before any rounding, and then the total shall be rounded to the nearest whole
number. Half spaces shall be rounded up.
9.1.2
Notwithstanding Subsection 9.1.1, automobile parking shall not be required in the
Main Street (MS) Zone.
Table 9-1 - Required Automobile Parking Space
Use
Number of Parking Spaces
Accommodations
1.0 spaces per guest room
Animal Care
3.0 spaces
Boarding House
0.5 spaces per sleeping unit
Dwellings - 1 or 2 dwelling units on a lot
1.0 spaces per dwelling unit
Dwellings - 3+ dwelling units on a lot
1.25 spaces per dwelling unit
Education - Commercial
1.0 spaces per 50 m2 (538 ft2) GFA
Mobile Home
1.0 spaces
Banks & Financial, Business &
Professional, Business Services
1.0 spaces per 50 m2 (538 ft2) GFA
Commercial Recreation - Indoor
1.0 spaces per 50 m2 (538 ft2) GFA
Craft Food & Beverage Production
5.0 spaces
Drinking Establishments
1.0 spaces per 20 m2 (215 ft2) GFA
Day Care - as a Home Occupation
1.0 spaces
43
Municipality of Colchester - Land Use Bylaw
Day Care - as a Main Use
1.0 spaces per 100 m2 (1,076 ft2) GFA
Funeral Homes
1.0 spaces per 15 m2 (161.4 ft2)
GFA excluding area dedicated to
crematoria
Industrial Uses
1.0 spaces per 93 m2 (1,001 ft2) GFA
or 1.0 space per employee on the
largest shift, whichever is more
appropriate to the operational needs
of the proposed development. For
clarity, the Development Officer may
waive this requirement or permit a
reduction in spaces.
Personal Service Shops
1.0 spaces per 50 m2 (538 ft2) GFA
Private Clubs & Organizations
1.0 spaces per 30 m2 (322.9 ft2) GFA
Repair Shops
3.0 spaces
Restaurants - Drive-thru, Eat-in
1.0 spaces per 20 m2 (215 ft2) GFA
Restaurants - Take-out
4.0 spaces
Retail Stores
1.0 spaces per 30 m2 (322.9 ft2) GFA
Self-storage
1.0 spaces per 20 storage units, with a
minimum of 4.0 spaces
Wholesale Sales
5.0 spaces
"GFA" = Gross Floor Area
44
9 Parking
9.2
MINIMUM DIMENSIONS FOR PARKING SPACES
9.2.1
Required automobile parking spaces shall be:
(a) a minimum of 2.75 metres (9.0
feet) wide by 6.0 metres (19.7
feet) long for 90-degree
spaces;
(b) a minimum of 3.6 metres (11.8
feet) wide by 5.7 metres (18.7
feet) long for angled spaces;
and
(c) except for dwellings with fewer
than three (3) dwelling units,
capable of being accessed
without travelling through
another parking space.
Figure 9. Automobile Parking Space Dimensions
9.3
AUTOMOBILE PARKING AREA REQUIREMENTS
9.3.1
Where parking facilities for more than (4) automobiles are required or provided
pursuant to the parking requirements set out in Section 9.1, the facilities shall meet
the following requirements:
(a) The parking area shall be maintained with a stable surface that is treated to
prevent the raising of dust and / or loose particles.
(b) When the parking area is of a permanent hard surface, each parking space shall
be clearly marked and maintained as such.
(c) Approaches or driveways to any parking area shall be defined by a curb of
concrete or rolled asphalt.
(d) Drive aisles may be located in a required front, side, or flanking setback.
(e) Drive aisles shall be a minimum of 3.7 metres (12.2 feet) wide for one-way traffic
and 6.0 metres (19.7 feet) wide for two-way traffic.
(f)
The parking area, where permitted in a required front yard, shall be set back a
minimum of 2.0 metres (6.6 feet) from the front lot line and such areas shall be
appropriately landscaped.
(g) The location of approaches or driveways shall not be closer than 15.0 metres from
the limits of the right-of-way at a street intersection.
(h) There shall not be more than three (3) driveways or ramps from any lot to any one
street.
(i)
The width of any driveway or ramp leading to a parking area shall not be less than
3.5 metres (11.5 feet) and not more than 9.0 metres (29.5 feet) measured at the
street line.
6.0 m
2.75 m
5.7 m
3.6 m
Angled Spaces
90° Spaces
45
Municipality of Colchester - Land Use Bylaw
(j)
Where there is more than one driveway or ramp from any lot to any one street then
such driveways or ramps shall be separated by at least the maximum width of the
driveway or ramp permitted under this Section.
(k) Lights used for illumination of the parking area shall include a full cut-off top
shield to direct lighting below the horizontal and shall be so arranged as to divert
the light away from streets, adjacent lots, and buildings.
(l)
No gasoline pumps or other service station equipment shall be located or
maintained on the parking lot.
(m) All parking areas shall be graded to prevent surface runoff from direct access to
a neighbouring property.
9.4
PARKING IN RESIDENTIAL ZONES
9.4.1
In addition to the requirements of Section 9.3 above the following parking
requirements shall apply to the R-1, R-2, R-2C, R-3, and R-4 Zones:
(a) A central parking area for more than two dwelling units on a lot shall not be
located in the front yard or within any minimum setback. For greater clarity, drive
aisles are exempt.
(b) Parking areas for boarding houses shall be provided in the side or rear yard of the
lot. For greater clarity, drive aisles are exempt.
(c) Except for home occupations, where a non-residential use is permitted in a
residential zone only 20% of the parking spaces shall be permitted in the front
yard and all parking spaces shall be a minimum of 5.0 metres (16.4 feet) from all
property lines.
(d) Parking areas with six (6) or more parking spaces shall be screened from adjacent
residential uses with screening meeting the requirements of Section 6.20.
(e) In addition to clause (d), above, parking areas with ten (10) or more spaces shall
be planted with at least one tree per four spaces, between the parking area and
a residential lot line. Trees shall be no smaller than 5 cm (0.6 in) caliper in trunk
diameter at 1.5 metres (4.9 feet) from grade.
9.4.2
In any residential zone, no person shall park or store more than one commercial
vehicle, registered as a Class 3 or greater by the Nova Scotia Registry of Motor
Vehicles, on a lot.
9.4.3
In any residential zone, the parking on a lot of the trailer portion of a tractor trailer
shall not be permitted.
9.4.4
In any residential zone, no commercial motor vehicles with running refrigeration
systems shall be permitted to be parked or stored on a lot overnight.
46
9 Parking
9.5
PARKING IN THE INSTITUTIONAL ZONE
9.5.1
In addition to the requirements of Section 9.3, above, the following parking
requirements shall apply to the Institutional Zone:
(a) Parking shall not be located in the front yard or any required setback. Drive aisles
may be located in required front and side setbacks.
(b) Notwithstanding clause (a), up to 20% of the required parking may be provided in
the front yard.
(c) Parking areas with ten (10) or more spaces shall be planted with at least one tree
per four spaces, between the parking area and a residential lot line. Trees shall be
no smaller than 5 cm (0.6 in) caliper in trunk diameter at 1.5 metres (4.9 feet) from
grade.
9.6
PARKING IN COMMERCIAL ZONES
9.6.1
In addition to the requirements of Section 9.3, above, the following parking
requirements shall apply to the C-1, C-2, MS, and C-4 Zones:
(a) Communal parking areas that interconnect two or more lots shall be permitted
provided:
i.
an agreement outlining the parking arrangements has been ratified by the
affected property owners; and
ii. each lot meets the commercial stop sight distance requirements of the
Municipality or the Nova Scotia Department of Transportation & Public Works.
(b) Parking and loading spaces may be provided within the required side or rear
setback, except where the commercial use abuts a residential zone.
(c) Parking areas and service station driveways may be located in the front yard of
a lot provided that such is separated from the front lot line by a minimum of 2.0
metres (6.6 feet) of landscaping.
9.7
PARKING IN THE PARKS AND OPEN SPACE ZONE
9.7.1
In addition to the requirements of Section 9.3, above, the following parking
requirements shall apply to the Parks and Open Space Zone:
(a) Parking areas may be located in any required yard but shall be located a minimum
of 5.0 metres (16.4 feet) from any property line.
(b) Parking lots containing six (6) or more spaces shall be screened from adjacent
residential uses in accordance with Section 6.20 of this Bylaw.
47
Municipality of Colchester - Land Use Bylaw
9.8
PARKING FOR INDUSTRIAL USES
9.8.1
In addition to the requirements of Section 9.3, above, the following parking
requirements shall apply to the Industrial and Rural Industrial Zones, and to
industrial uses in other zones:
(a) Notwithstanding clauses (g), (h), and (i) the width of any driveway or ramp leading
to a parking area shall not be less than 3.5 metres (11.5 feet) measured at the street
line for a one-way driveway or ramp and not more than 14.0 metres (45.9 feet)
measured as aforesaid for a two way driveway or ramp.
(b) The total width of all driveways or ramps shall not exceed 30 percent of the total
width of the front lot line measured at the lot line through which the driveways or
ramps lead.
9.9
BICYCLE PARKING
9.9.1
Within the following zones, the minimum number of automobile parking spaces
required for a use, as outlined in Section 9.1, may be reduced by one (1) for every
four (4) bicycle parking spaces provided that meets the standards of Section
9.10:
(a) Residential Medium Density (R-3) Zone
(b) Residential High Density (R-4) Zone
(c) General Commercial (C-1) Zone
9.9.2
The maximum reduction of automobile parking spaces provided by Subsection
9.9.1 shall be limited to 6 spaces or 10% of the required automobile parking
spaces, whichever is greater.
48
9 Parking
9.10 BICYCLE PARKING STANDARDS
9.10.1
Each bicycle parking space provided for the purposes of Section 9.9 shall:
(a) be located between the main building and the front lot line unless, in the opinion
of the Development Officer, this location is impossible due to the main building
being located on or near the front lot line;
(b) be accessible to the public;
(c) have a minimum width of 0.6 metres (2.0 feet) and a minimum length of 2.0 metres
(6.6 feet);
(d) be free of obstruction to a height of 2.0 metres (6.6 feet);
(e) be surfaced with asphalt, concrete, or interlocking paving stones;
(f)
not obstruct vehicular or pedestrian circulation;
(g) be accessed be an access lane with a minimum unobstructed width of 1.2 metres
(3.9 feet); and
(h) include an "inverted U" or "post-and-ring" bicycle rack that:
i.
is located on one side of the bicycle parking space and oriented parallel to
the length of the parking space;
ii. is permanently mounted into or onto the surface with the midline of the rack at
the midline of the length of the bicycle parking space; and
iii. is made of metal.
9.10.2 For greater clarity, one bicycle rack may be used to fulfill the rack requirements
for two adjacent bicycle parking spaces by placing it on the shared border of the
two spaces.
9.11
LOADING SPACE REQUIREMENTS
9.11.1
In commercial, industrial, and institutional zones, one off-street loading space
shall be provided for every 1,000 square metres (10,764 square feet) of net floor
area or fraction thereof.
9.11.2
Each loading space provided for the purposes of Subsection 9.11.1 shall be a
minimum of 3.0 metres (9.8 feet) by 12.0 metres (39.4 feet) with a minimum height
clearance of 4.5 metres (14.8 feet).
9.11.3
Notwithstanding Subsection 9.11.1, above, the provision of a loading space shall
be optional where the net floor area is less than 100 square metres (1,076 square
feet).
9.11.4
Where commercial or industrial uses abut residential zones, parking and loading
space shall not be located within the abutting required setback.
49
Municipality of Colchester - Land Use Bylaw
10 Signage
10.1
DEVELOPMENT PERMIT REQUIRED
10.1.1
Except for signs listed in Section 10.3, no person shall erect any sign without first
obtaining a Development Permit.
10.2 GENERAL SIGNAGE PROVISIONS
10.2.1 Where this section is inconsistent with the regulations respecting advertising
signs on or near public highways made or administered by the Province of Nova
Scotia Department of Public Works, the more restrictive regulations shall apply.
10.2.2 All signs and all parts thereof, including copy, framework, supports, background,
and anchors shall be kept in a good state of repair and working order.
10.2.3 Any signs that no longer advertises a bona fide business conducted or a product
sold is deemed to be obsolete and shall be removed once the use has been
discontinued for a period exceeding 60 days. In the case of seasonal businesses,
the use shall be considered discontinued on December 31st of a calendar year if
the use was not operated in that calendar year.
10.2.4 In addition to the provisions of Section 4.4.2 of this Bylaw, the following
information shall be provided by the applicant for a development permit for a
sign:
(a) the name and address of the owner of the sign;
(b) the name and address of owner or person in possession of the premises where
the sign is to be located;
(c) clear and legible drawings showing the exact location of the sign that is the
subject of the permit and all other existing signs on the same premises; and
(d) drawings showing the dimensions, supports, sizes, materials of sign, and the
method of attachment and the character of structural members to which
attachments are to be made.
50
10 Signage
10.3 SIGNS FOR WHICH NO DEVELOPMENT PERMIT IS REQUIRED
10.3.1 Notwithstanding Section 10.1 but subject to Section 10.4, the following signs are
permitted in all zones, without requiring a development permit:
(a) Signs identifying the name and address of a resident, and of not more than 0.2
square metres (2.1 square feet) in sign area.
(b) "No trespassing" signs or other such signs regulating the use of a property, and
of not more than 0.5 square metres (5.3 square feet) in sign area.
(c) Real estate signs not exceeding 0.5 square metres (5.3 square feet) in sign area
in a residential zone and 1.5 square metres (16.1 square feet) in other zones, which
advertise the sale, rental or lease of the premises.
(d) Signs regulating or denoting on-premises traffic, or parking or other signs
denoting the direction or function of various parts of a building or premises
provided that such signs are less than 1.2 square metres (12.9 square feet) in area
in industrial zones and 0.5 square metres (5.3 square feet) in area in other zones.
(e) Signs erected by a government body, or under the direction or authority of such
a body, and bearing no commercial advertising, such as traffic signs, railroad
crossing signs, safety signs, signs identifying public schools, public election lists,
directional signs, destination points, or local attractions.
(f)
Memorial signs or tablets and signs denoting the historical significance and date
of erection of a structure.
(g) The flag, pennant, or insignia of any government, or of any charitable, religious, or
fraternal organization.
(h) A sign having an area of not more than 6.0 square metres (64.5 square feet)
incidental to construction and located on the same site as the building under
construction. Such signs shall not remain in place for more than sixty (60) days
following completion of construction.
(i)
A sign or monument that denotes the name of a subdivision or development
provided the sign or monument is located on the parent parcel of land being
developed and provided such signage does not exceed 3.0 square metres
(32.3 square feet) in sign area or exceed a height of 3.0 metres (9.8 feet) from the
established grade to the highest part of the sign.
(j)
Signs painted on a window.
(k) Election signs.
(l)
Alteration of the changeable portion of a changeable copy sign that has a valid
development permit, so long as the sign or sign structure is not modified in any
way.
(m) Signs meeting the requirements of any uniform directional signage program
instituted by the Municipality.
(n) Replacement of individual tenant placards on an off-site business directional
or multi-tenant sign that has a valid development permit, so long as the sign
structure is not modified in any way.
51
Municipality of Colchester - Land Use Bylaw
10.4 SIGNS PROHIBITED IN ALL ZONES
10.4.1 Notwithstanding any other provision of this Bylaw, the following signs shall not be
permitted in any zone:
(a) Signs which constitute a hazard to public safety or health.
(b) Signs which by reason of size, location, content, colouring, motion, or intensity or
manner of illumination, obstruct or detract from the vision of drivers or obstruct
the effectiveness of any traffic sign or traffic control device on public streets.
(c) Signs which obstruct the use of a fire escape door, windows, or other required
exit.
(d) Signs which make use of such words as "STOP", "LOOK", "ONE WAY", "DANGER",
"YIELD", or any other similar words, phrases, or symbols so as to interfere with or
confuse drivers on a public street.
(e) Signs not related to any business or use located on the lot or premises, except
signs permitted by Section 10.15.
(f)
Signs, including election signs, located on a public lot or a public right-of-way
unless erected by a governmental body, or unless specially permitted by Council.
(g) Signs on utility poles.
(h) Signs painted upon, attached to, or supported by a tree, stone, cliff, or other
natural object.
(i)
Portable signs.
10.5 TEMPORARY SIGNS
10.5.1 Notwithstanding clause 10.4.1(i), a temporary sign permit may be issued subject
to the following terms and conditions:
(a) That such permits shall be issued for a period of 30 days, then may not be
renewed again for a period of ninety (90) clear days for each lot application.
(b) That such signs meet the requirements of Subsections 10.12, 10.13, and 10.14, as
applicable, but may occupy a parking space where no alternative exists.
(c) That such signs have no flashing lights.
(d) That only one such sign be permitted for each property at any given time.
(e) That such signs are not permitted in any residential zone.
52
10 Signage
10.6 SIGNS IN RESIDENTIAL ZONES
10.6.1 No sign in a residential zone shall be erected or used for commercial advertising
except where:
(a) the sign is permitted by
Section 10.3 above; or
(b) the sign is on the same lot as
a home occupation business
which it advertises, and:
i.
the sign does not
exceed 1.0 square
metres (10.7 square
feet) in area and ground
signs do not exceed
1.0 metres (3.2 feet) in
height; and
ii. the sign is set back a
minimum of 5.0 metres
(16.4 feet) from any
property line.
Figure 10. Ground Sign in Residential Zones
Requirements
10.6.2 Notwithstanding Subsection 10.6.1 above, a non-illuminated sign may be erected
to advertise a recreational facility in a residential zone but shall not exceed an area
of 3.0 square metres (32.3 square feet) or a height of 3.0 metres (9.8 feet).
10.7 COMMERCIAL ADVERTISING SIGNS IN GROWTH CENTRES
10.7.1
Except for as provide for by Section 10.15, within Growth Centres, as identified on
Schedule 'C', no sign shall be erected or used for commercial advertising except
where the sign is located on the same lot as the establishment which it advertises;
or on the same lot as the dealer for the product which it advertises.
10.8 NUMBER OF SIGNS
10.8.1 For the purpose of determining number of signs, a sign shall be considered to be
a single display surface or display device containing elements organized, related
and composed to form a unit. Where matter is displayed in a random manner
without organized relationship or elements, or where there is reasonable doubt
about the relationship of elements, each element shall be considered to be a
single sign.
10.8.2 Not more than one (1) ground sign may be erected on any lot.
10.8.3 Not more than one (1) roof sign may be erected on any lot.
10.8.4 Subject to the size requirements of this Part, where a building is designed to be
occupied by one or more businesses, each business space shall be considered
as a separate premise and permitted to erect;
(a) not more than one (1) projecting wall sign for each business premise;
(b) any number of fixed wall signs for each business premise.
Ground
Sign
Area = < 1.0
sqaure metres
Property Line
Height = < 1.0 m
Min. Steback 5.0 m
53
Municipality of Colchester - Land Use Bylaw
10.9 FIXED WALL SIGNS
10.9.1
No fixed wall sign shall:
(a) Cover more than 10% of the wall on which the sign is affixed with proportional
allocation for each business premises in case of multiple occupancy buildings;
(b) extend above the top of the wall upon which it is placed; or
(c) extend beyond the extremities of the wall upon which it is attached.
10.10 PROJECTING WALL SIGNS
10.10.1 No projecting wall sign shall:
(a) exceed 2.0 square metres (21.5
square feet) in sign area on
each side;
(b) project over a public a public
street or highway beyond the
curb line or highway shoulder;
(c) project above the eaves,
parapet, or roof line of a
building;
(d) be erected below a height
of 3.0 metres (9.8 feet) above
grade; or
(e) be permitted to swing freely
on its supports without the
installation of a suitable catch,
chain or other control device.
Figure 11. Projecting Wall Sign Requirements
10.10.2 Notwithstanding clause 10.10.1(d), projecting wall signs of less than 0.3 square
metres (3.2 square feet) in sign area on each side may be erected no less than 2.5
metres (8.2 feet) above grade.
10.10.3 Notwithstanding clause 10.10.1(d) and Subsection 10.10.2, the minimum height
requirements shall not apply to projecting wall signs which project entirely over
private property and present no hazard to public safety.
Wall Sign
2.0 m
1.0 m
min 3.0 m
Curb Line
Street
Projecting
54
10 Signage
10.11 ROOF SIGNS
10.11.1 Roof signs shall be permitted provided:
(a) the sign does not exceed a
height of 1.0 metres (3.3 feet);
(b) the sign does not extend
beyond the roof line of a
structure where the roof is
pitched;
(c) the maximum area of the sign
does not exceed 10% of the
facing wall of the building in
which it is oriented;
(d) for the purposes of this
Section, the area of a roof sign
shall be deducted from the
area permitted for a facial wall
sign on the surface in which the
roof sign is oriented.
Figure 12. Roof Sign Requirements
10.12 GROUND SIGNS - GENERAL
10.12.1 Ground signs shall meet the following requirements:
(a) no ground sign shall exceed
a height of 9.0 metres (29.5
feet) from grade to the highest
part of the sign or an area of
9.0 square metres (96.9 square
feet) on each side;
Figure 13. Ground Sign Requirements
Roof Line
ROOF SIGN
10% of facing
wall area
<1.0 m
< 9.0 m
Ground
Sign
Area = < 9.0
sqaure metres
55
Municipality of Colchester - Land Use Bylaw
(b) the required setback from property lines shall be calculated using the following
formula:
(c) the maximum height of a ground sign from grade to the highest part of the sign
shall be calculated using the following formula:
10.13 GROUND SIGNS - C-1 AND C-2 ZONES FRONTING ON ROBIE
ST., DUNLOP AVE, OR MEADOW DR.
10.13.1 Notwithstanding Section 10.12 any lot that has frontage and access to Robie
Street, Dunlop Ave, or Meadow Drive and is zoned Highway Commercial (C-2)
or General Commercial (C-1) may erect a ground sign subject to the following
conditions:
(a) no ground sign shall exceed a height of 13.0 metres (42.7 feet) from grade to the
highest part of the sign or an area of 13.0 square metres (139.9 square feet) on
each side;
(b) the required setback from property lines shall be calculated using the following
formula:
(c) the maximum height of a sign from grade to the highest part of the sign shall be
calculated using the following formula:
((sign area in m2) - 3.0 m2)
Min. setback =
1.33 m
Max. height = (0.67 * (minimum setback in m)) + 6 m
((sign area in m2) - 9.0 m2)
Min. setback =
0.89 m
Max. height = (0.89 * (minimum setback in m)) + 9 m
56
10 Signage
10.14 GROUND SIGN - HIGHWAY COMMERCIAL (C-2) ZONE
10.14.1 Notwithstanding Sections 10.12 and 10.13, any lot that is zoned Highway
Commercial (C-2) may erect a ground sign subject to the following conditions:
(a) the sign may only advertise an automobile service station, an accommodations
use, or a restaurant;
(b) the sign face may be enlarged at a rate of 1.2 square metres (12.9 square feet) per
every 0.3 metres (1.0 feet) of height provided the sign is higher than 13.0 metres
(42.7 feet) but not more than 21.3 metres (69.9 feet) in height measured at the
established grade;
(c) the sign is located more than 10.0 metres (32.8 feet) from any property line;
(d) the sign face may only be lit from a directional fixture located not more than 2.0
metres (6.6 feet) above the base of the structure; and
(e) the sign is located a minimum of 100 metres (328.1 feet) of any lot zoned
"Residential", "Institutional", or "General Commercial".
10.15 OFF-SITE BUSINESS IDENTIFIER / DIRECTIONAL SIGNS
10.15.1 Off-Site business identifier / directional signs shall be permitted in any
commercial or industrial zone provided that:
(a) the height of the structure is a minimum of 3.0 metres (9.8 feet) and a maximum of
5.0 metres (16.4 feet) above the grade of the shoulder of the public road;
(b) the sign face does not exceed an area of 3.0 square metres (32.3 square feet);
(c) no markings shall be permitted on the back of the sign;
(d) signs shall not be backlit and may only be illuminated by a directional fixture
attached to the sign structure in a manner that light does not spill beyond the
sign face. The intensity of such lights shall not exceed 1 foot candle measured at
the surface to be illuminated;
(e) all such signs shall be located within a radius of 2.0 kilometres from the
establishments to which the sign applies; and
(f)
the content of the sign shall be limited to:
i.
the name of the development or subdivision;
ii. a directory of businesses located in the development with letters a maximum
height of 10.16 centimetres;
iii. a business logo having a maximum size of 10.16 centimetres by 10.16
centimetres;
iv. directional arrows and/or distances.
57
Municipality of Colchester - Land Use Bylaw
10.15.2 Off-site business identifier / directional signs may only be established on a
public right-of-way provided that:
(a) the Municipal Engineer, Traffic Authority, and/or the Department of Transportation
and Public Works has approved the location, orientation, and content of the sign;
(b) the sign shall be located a minimum of 15.0 metres (49.2 feet) from the closest
limits of an intersection right-of-way;
(c) the sign shall be located a minimum of 3.0 metres (9.8 feet) from the edge of a
curb or gravel shoulder; and
(d) the sign shall not be erected in a manner that interferes with public safety,
obstruct views, or creates nuisances to adjoining property owners.
PERFORMANCE STANDARDS
10.15.3 All off-site business identifier / directional signs shall be subject to the issuance
of a Development Permit. In addition to the requirements above, the owner of the
sign shall:
(a) perform regular maintenance and upkeep to the signage structure in a manner
that it was originally constructed;
(b) not allow any attachments, modifications, or alterations to the sign structure,
whether intended to be temporary or permanent, unless a development permit
has been issued for such changes;
(c) maintain a landscaped area of not less than 5.0 metres (16.4 feet) from the outer
extremities of the sign.
10.16 ILLUMINATION
10.16.1 Signs may be internally illuminated or illuminated through the use of shielded
downlighting but such illumination shall not flash.
10.17 SIGNAGE IN THE DEBERT BUSINESS PARK
10.17.1 In addition to all applicable requirements of this Part, signage in the Debert
Business Park shall meet the following requirements:
(a) Signs shall complement the building's architecture and site layout.
(b) Signs shall be clear and visible from vehicular approaches.
(c) Signs shall be integrated with the building in a manner that minimizes visual clutter.
(d) Temporary or portable signs are not permitted.
58
11 Summary of Permitted Use Table
11 Summary of Permitted Use
Table
11.1
SUMMARY OF PERMITTED MAIN USES
11.1.1
A summary of the main uses permitted in the zone are indicated in Tables 11-1 and
11-2 subject to the following scheme:
P
indicates that uses are permitted in the zone, subject to all
applicable requirements of this Bylaw;
PC
indicates that uses are permitted in the zone, subject to all
applicable requirements of this Bylaw, and to use specific
requirements found either in Part 7 of this Bylaw or in the specific
Part for that zone;
S
indicates that uses are permitted in the Zone by Site Plan
Approval, subject to the site plan approval criteria of Part 4 and
Part 34;
DA
indicates that uses are permitted in the zone by Development
Agreement, subject to MPS Policy indicated in the specific
chapter for that zone;
E
indicates that instances of that use that existed on the effective
date of this Bylaw are considered conforming uses and are
permitted to expand, subject to all applicable requirements of
this Bylaw and
-
indicates that uses are not permitted in that zone.
11.1.2
Where the provisions of Tables 11-1 and 11-2 conflict with the list of uses outlined
in a zone, the zone list shall prevail.
11.1.3
Please note, the Mi'kmaw Land (ML) Zone permits all uses so is not included in
the summary of permitted use tables. Similarly, the Comprehensive Development
District (CDD) Zone is a unique zone where development is undertaken via
development agreement and therefore is not included in the summary of
permitted use tables.
59
Municipality of Colchester - Land Use Bylaw
Use
R1
R2 R2C R3
R4
C1
C2
MS
C4
I
M
AIR
P1
P2
RG
RR
AP
RM
SL
Accessory Dwelling Unit
PC
PC
PC
PC
PC
-
-
-
PC
-
-
-
-
-
PC
PC
PC
-
PC
Boarding House: 3-4 Sleeping Units
-
S
-
P
P
PC
-
-
S
-
-
-
-
-
P
-
P
-
-
Boarding House: 5-8 Sleeping Units
-
-
-
S
P
PC
-
-
-
-
-
-
-
-
-
-
P
-
-
Boarding House: 9-16 Sleeping Units
-
-
-
-
P
PC
-
-
-
-
-
-
-
-
-
-
P
-
-
Boarding House: 17+ Sleeping Units
-
-
-
-
DA
PC
-
-
-
-
-
-
-
-
-
-
P
-
-
Cluster Development
DA
S DA S DA S DA S DA
-
-
-
-
-
-
-
-
DA
S DA S DA
DA
-
S DA
Dwellings: 1 unit on a lot
P
P
P
P
P
PC
PC
PC
P
DA
-
-
-
DA
P
P
P
PC
P
Dwellings: 2 units on a lot
-
PC
PC
P
P
PC
E
PC
P
DA
-
-
-
DA
P
P
P
-
P
Dwellings: 3 units on a lot
-
S
-
P
P
PC
E
PC
S
DA
-
-
-
DA
P
-
E
-
E
Dwellings: 4 units on a lot
-
-
-
P
P
PC
E
PC
S
DA
-
-
-
DA
P
-
E
-
E
Dwellings: 5-8 units on a lot
-
-
-
S
P
PC
E
PC
-
DA
-
-
-
DA
PC
-
E
-
E
Dwellings: 9-16 units on a lot
-
-
-
DA
P
PC
E
PC
-
DA
-
-
-
DA
PC
-
E
-
E
Dwellings: 17+ units on a lot
-
-
-
DA
DA
PC
E
PC
-
DA
-
-
-
DA
PC
-
E
-
E
Mobile Home
-
PC
-
E
-
-
-
-
-
-
-
-
-
-
P
P
P
-
P
Residential Facilities
P
P
P
P
P
PC
E
PC
P
P
-
-
-
DA
P
P
P
-
P
Table 11-1: Summary of Permitted Uses, Residential
60
11 Summary of Permitted Use Table
Use
R1
R2 R2C R3
R4
C1
C2
MS
C4
I
M
AIR
P1
P2
RG
RR
AP
RM
SL
Abattoirs
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
-
P
P
-
Accommodations
-
-
-
-
-
P
P
P
-
-
-
-
-
P
P
-
P
-
P
Aggregate-related Industries
-
-
-
-
-
-
-
-
-
-
P
-
-
-
P
-
-
PC
-
Agricultural Uses
E
E
E
E
E
E
E
E
E
E
E
E
E
E
P
E
P
P
-
Agriculture-related Industries
-
-
-
-
-
-
-
-
-
-
P
-
-
-
P
-
P
P
-
Agritourism
-
-
-
-
-
-
-
-
-
-
-
-
-
P
P
-
P
P
-
Animal Care
-
-
-
-
-
P
P
P
-
-
P
-
-
P
P
-
P
P
-
Animal Shelters
-
-
-
-
-
P
P
-
-
-
P
-
-
P
P
-
P
P
-
Automobile Sale, Repair, & Service
Stations
-
-
-
-
-
P
P
-
-
-
P
-
-
-
P
-
-
P
-
Banks & Financial
-
-
-
-
-
P
P
P
-
-
-
-
-
-
P
-
P
-
-
Building Contractors
-
-
-
-
-
-
P
-
-
-
P
-
-
-
P
-
P
P
-
Business & Professional Offices
-
-
-
-
-
P
P
P
-
-
-
-
-
-
P
-
P
P
-
Business Services
-
-
-
-
-
P
P
P
-
-
P
-
-
-
P
-
P
P
-
Campgrounds
-
-
-
-
-
-
-
-
-
-
-
-
S
S
-
-
-
-
-
Cemeteries
-
-
-
-
-
-
-
-
-
P
-
-
P
-
P
-
-
-
-
Civic & Cultural Uses
-
-
-
-
-
P
P
P
-
P
-
P
-
P
P
-
P
-
-
Comercial Recreation: Indoor
-
-
-
-
-
P
P
P
-
-
-
-
-
P
P
-
-
-
-
Comercial Recreation: Outdoor
-
-
-
-
-
P
P
-
-
-
-
-
P
P
P
-
-
-
-
Community Hall
-
-
-
P
P
P
P
P
P
P
-
P
P
P
P
P
P
-
P
Conservation
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Convenience Stores
-
-
-
-
-
P
P
P
P
-
-
-
-
P
P
-
P
-
-
Craft Food & Beverage Production
-
-
-
-
-
P
P
P
-
-
P
-
-
P
P
-
P
P
-
Daycare Centres
-
-
-
-
P
P
P
P
P
P
-
-
-
P
P
-
P
-
-
Display Courts
-
-
-
-
-
P
P
-
-
-
P
-
-
-
P
-
-
P
-
Drinking Establishments
-
-
-
-
-
P
P
P
-
-
-
-
-
P
P
-
P
-
-
Table 11-2: Summary of Permitted Uses, Non-Residential
61
Municipality of Colchester - Land Use Bylaw
Use
R1
R2 R2C R3
R4
C1
C2
MS
C4
I
M
AIR
P1
P2
RG
RR
AP
RM
SL
Education: Commercial
-
-
-
-
-
P
P
P
-
P
P
P
-
-
P
-
P
P
-
Education: Post-secondary
-
-
-
-
-
P
P
-
-
P
P
-
-
-
P
-
P
P
-
Education: Academic
PC
PC
PC
PC
PC
P
P
-
PC
P
-
-
-
-
P
PC
P
-
-
Emergency Services
-
-
-
-
-
P
P
-
-
P
P
-
-
-
P
-
P
P
-
Energy Generation Systems
DA
DA
DA
DA
DA
DA
DA
DA
DA
DA
DA
DA
DA
DA
DA
DA
DA
DA
DA
Farmers' Markets
-
-
-
-
-
P
P
P
P
P
-
-
P
P
P
-
P
-
-
Fertilizer Blending Plan
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
-
-
P
-
Fishing-related Uses
-
-
-
-
-
-
-
-
-
-
P
-
-
-
P
-
P
P
-
Forestry-related Uses
-
-
-
-
-
-
-
-
-
-
P
-
-
-
P
-
P
P
-
Funeral Homes
-
-
-
-
-
P
P
P
-
P
P
-
-
-
P
-
P
P
-
Garden & Nursery Sales
-
-
-
-
-
P
P
-
-
-
-
-
-
-
P
-
P
P
-
Government Uses
-
-
-
-
-
P
P
P
-
P
P
P
-
-
P
-
P
P
-
Guest Homes
-
P
P
P
P
-
-
-
P
-
-
-
-
-
P
P
P
-
P
Heavy Equipment Sales & Service
-
-
-
-
-
P
P
-
-
-
P
-
-
-
P
-
P
P
-
Heavy Industrial Uses
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
-
-
P
-
Hospitals
-
-
-
-
-
-
-
-
-
P
-
-
-
-
-
-
-
-
-
Livestock Operations: Intensive
-
-
-
-
-
-
-
-
-
-
-
-
-
-
PC
-
PC
PC
-
Livestock Operations: Moderate
-
P
-
-
-
-
-
-
-
-
-
-
-
P
P
P
P
P
-
Kennels
-
-
-
-
-
-
PC
-
-
-
PC
-
-
-
PC
-
PC
PC
-
Light Industrial Uses
-
-
-
-
-
-
P
-
-
-
P
P
-
-
P
-
-
P
-
Marinas and Boat Clubs
-
-
-
-
-
P
P
-
-
-
-
-
P
P
P
-
P
-
P
Medical Clinics
-
-
-
-
-
P
P
P
-
P
-
-
-
-
P
-
P
-
-
Parking Lots
-
-
-
-
-
P
P
P
-
-
P
P
-
P
P
-
-
P
-
Parks and Open Space
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Personal Service Shops
-
-
-
-
-
P
P
P
P
-
-
-
-
P
P
-
P
-
-
Place of Worship
-
PC
PC
PC
PC
P
P
P
PC
P
-
-
-
-
P
PC
P
-
-
Private Clubs & Organizations
-
-
-
-
-
P
P
P
-
P
-
P
-
P
P
-
P
-
P
Public Recreation
-
-
-
P
P
P
P
P
P
P
-
-
P
P
P
P
P
-
-
62
11 Summary of Permitted Use Table
Use
R1
R2 R2C R3
R4
C1
C2
MS
C4
I
M
AIR
P1
P2
RG
RR
AP
RM
SL
Racetracks
-
-
-
-
-
-
DA
-
-
-
-
-
-
DA
DA
-
DA
-
-
Recycling Depots
-
-
-
-
-
P
P
-
-
-
P
-
-
-
P
-
P
P
-
Repair Shops
-
-
-
-
-
P
P
-
-
-
P
-
-
-
P
-
P
P
-
Restaurant: Drive-thru
-
-
-
-
-
P
P
-
-
-
-
-
-
-
-
-
-
-
-
Restaurant: Take-out < 25 m2 GFA
-
-
-
-
-
P
P
P
P
-
-
P
P
P
P
-
P
-
-
Restaurant: Take-out > 25 m2 GFA
-
-
-
-
-
P
P
P
-
-
-
P
-
P
P
-
P
-
-
Restaurant: Eat In
-
-
-
-
-
P
P
P
-
-
-
P
-
P
P
-
P
-
-
Retail Lumber & Building Supplies
-
-
-
-
-
P
P
-
-
-
P
-
-
-
P
-
P
P
-
Retail Stores
-
-
-
-
-
P
P
P
-
-
PC
-
-
P
P
-
P
-
-
Scrap Yards
-
-
-
-
-
-
-
-
-
-
PC
-
-
-
-
-
-
PC
-
Self-storage
-
-
-
-
-
P
P
-
-
-
P
-
-
-
P
-
P
P
-
Shooting Ranges: Indoor
-
-
-
-
-
P
P
-
-
-
P
-
-
P
P
-
P
P
-
Shooting Ranges: Outdoor
-
-
-
-
-
-
DA
-
-
-
-
-
-
DA
DA
-
DA
DA
-
Solar Panels - Commercial
-
-
-
-
-
P
P
-
-
P
P
PC
-
P
P
-
P
P
-
Solid Waste Disposal
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
-
-
P
-
Taxi & Bus Stations
-
-
-
-
-
P
P
P
-
-
P
P
-
-
P
-
P
P
-
Walkways and Trails
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Warehousing
-
-
-
-
-
P
P
P
-
-
P
-
-
-
P
-
P
P
-
Water Access
P
P
P
P
P
P
P
P
-
-
P
P
P
P
P
P
P
P
P
Wholesale Sales
-
-
-
-
-
P
P
P
-
-
P
-
-
-
P
-
P
P
-
Workshops
-
-
-
-
-
P
P
P
-
-
P
-
-
-
P
-
P
P
P
63
Municipality of Colchester - Land Use Bylaw
12 Single Dwelling Unit (R-1)
Zone
12.1
PERMITTED MAIN USES
12.1.1
The following main uses shall be permitted in the Single Dwelling Unit (R-1) Zone
subject to the requirements of this Bylaw:
(a) Agricultural Uses - Existing
(b) Conservation
(c) Dwellings - 1 Dwelling Unit on
a lot
(d) Land Lease Community -
Existing
(e) Parks and Open Space
(f)
Walkways and Trails
(g) Water Access
(h) Residential Facilities - Up to 6
bedrooms
12.2 PERMITTED USES WITH CONDITIONS
12.2.1 The following main uses shall be permitted in the Residential Single Unit (R-1) Zone
subject to the requirements of this Bylaw and any conditions noted:
(a) Accessory Dwelling Unit - Section 7.1
(b) Education - Academic - Section 7.10
12.3 PERMITTED USES BY SITE PLAN APPROVAL
12.3.1 The following main uses shall be permitted in the Residential Single Unit (R-1) Zone
by Site Plan Approval subject to the requirements of this Bylaw:
None
12.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
12.4.1 The following uses shall be considered in the Residential Single Unit (R-1) Zone
by Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Cluster Development - MPS Policy 5-17
(b) Energy Generation Systems - MPS Policy 5-78
64
12 Single Dwelling Unit (R-1) Zone
12.5 SINGLE DWELLING UNIT (R-1) ZONE DEVELOPMENT STANDARDS
12.5.1 In the Single Dwelling Unit (R-1) Zone, no development permit shall be issued
except in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
450 m2 (4,844 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
20.0 m (65.6 ft)
37.0 m (121.4 ft)
Minimum Front Setback
6.0 m (19.7 ft)
Minimum Rear Setback
i.
Main Buildings on Corner Lots
ii. Main Buildings on Other Lots
iii. Accessory Buildings
4.0 m (13.1 ft)
8.0 m (26.2 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
2.0 m (6.6 ft)
1.4 m (4.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
5.0 m (16.4 ft)
5.0 m (16.4 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
10.6 m (34.8 ft)
7.6 m (24.9 ft)
65
Municipality of Colchester - Land Use Bylaw
13 Double Dwelling Unit (R-2)
Zone
13.1
PERMITTED MAIN USES
13.1.1
The following main uses shall be permitted in the Double Dwelling Unit (R-2) Zone
subject to the requirements of this Bylaw:
(a) Agricultural Uses - Existing
(b) Conservation
(c) Dwellings - 1 dwelling unit on a
lot
(d) Guest Homes
(e) Livestock Operation - Moderate
(f)
Parks and Open Space
(g) Residential Facility - Up to 6
bedrooms
(h) Walkways and Trails
(i)
Water Access
13.2 PERMITTED USES WITH CONDITIONS
13.2.1 The following main uses shall be permitted in the Double Dwelling Unit (R-2) Zone
subject to the requirements of this Bylaw and any conditions noted:
(a) Accessory Dwelling Unit - Section 7.1
(b) Dwellings - 2 dwelling units on a lot - Subsection 13.6.4
(c) Education - Academic - Section 7.11
(d) Livestock Operation - Moderate - Subsection 13.6.2
(e) Mobile Homes - Subsection 13.6.3
(f)
Places of Worship - Section 7.11
13.3 PERMITTED USES BY SITE PLAN APPROVAL
13.3.1 The following main uses shall be permitted in the Double Unit (R-2) Zone by Site
Plan Approval subject to the requirements of this Bylaw:
(a) Boarding House - Up to 4 sleeping units
(b) Cluster Development - Up to 16 dwelling units
(c) Dwellings - 3 dwelling units on a lot
13.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
13.4.1 The following main uses shall be considered in the Double Unit (R-2) Zone by
Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Cluster Development - More than 16 dwelling units - Policy 5-17
(b) Energy Generation Systems - Policy 5-78
66
13 Double Dwelling Unit (R-2) Zone
13.5 DOUBLE DWELLING UNIT ZONE (R-2) DEVELOPMENT
STANDARDS
13.5.1 In the Double Dwelling Unit (R-2) Zone, no development permit shall be issued
except in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
450 m2 (4,844 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
15.0 m (49.2 ft)
37.0 m (121.4 ft)
Minimum Front Setback
6.0 m (19.7 ft)
Minimum Rear Setback
i.
Main Buildings on Corner Lots
ii. Main Buildings on Other Lots
iii. Accessory Buildings
4.0 m (13.1 ft)
6.0 m (19.7 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
2.0 m (6.6 ft)
1.4 m (4.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
5.0 m (16.4 ft)
5.0 m (16.4 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
10.6 m (34.8 ft)
7.6 m (24.9 ft)
67
Municipality of Colchester - Land Use Bylaw
13.6 SPECIAL ZONE REQUIREMENTS
EXCEPTIONS TO LOT SIZE REQUIREMENTS FOR SERVICED LOTS:
13.6.1 Notwithstanding the requirements of Section 13.5, a serviced lot containing a
semi-detached structure may be subdivided into two lots along the common fire
wall with a minimum lot frontage of 7.5 metres, and minimum lot area of 225 square
metres.
MODERATE LIVESTOCK OPERATIONS
13.6.2 Buildings accessory to a moderate livestock operation in the Double Dwelling
Unit Zone (R-2) shall:
(a) not provide housing for male chickens;
(b) have a minimum side setback of 6.0 metres; and
(c) shall otherwise be required to meet the zone standards for main buildings.
MOBILE HOMES
13.6.3 Mobile homes shall only be permitted in the Double Dwelling Unit (R-2) Zone on
lots fronting on Guest Drive in Bible Hill.
TWO-UNIT DWELLINGS
13.6.4 The dwelling units on a lot with two dwelling units shall be confined to one main
building.
68
14 Double Unit Conversion (R-2C) Zone
14 Double Unit Conversion
(R-2C) Zone
14.1
PERMITTED MAIN USES
14.1.1
The following main uses shall be permitted in the Double Unit Conversion (R-2C)
Zone subject to the requirements of this Bylaw:
(a) Agricultural Uses - Existing
(b) Conservation
(c) Dwellings - 1 dwelling unit on
a lot
(d) Guest Homes
(e) Parks and Open Space
(f)
Residential Facility - Up to 6
bedrooms
(g) Walkways and Trails
(h) Water Access
14.2 PERMITTED USES WITH CONDITIONS
14.2.1 The following main uses shall be permitted in the Double Unit Conversion (R-2C)
Zone subject to the requirements of this Bylaw and any conditions noted:
(a) Accessory Dwelling Unit - Section 7.1
(b) Dwellings - 2 dwelling units on a lot - Subsections 14.5.2 and 14.5.3
(c) Education - Academic - Section 7.11
(d) Places of Worship - Section 7.11
14.3 PERMITTED USES BY SITE PLAN APPROVAL
14.3.1 The following main uses shall be permitted in the Double Unit Conversion (R-2C)
Zone by Site Plan Approval subject to the requirements of this Bylaw:
(a) Cluster Development - Up to 16 dwelling units
14.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
14.4.1 The following uses shall be considered in the Double Unit Conversion (R-2C)
Zone by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a) Cluster Development - More than 16 dwelling units - Policy 5-17
(b) Energy Generation Systems - Policy 5-78
69
Municipality of Colchester - Land Use Bylaw
14.5 DOUBLE UNIT CONVERSION (R-2C) ZONE DEVELOPMENT
STANDARDS
14.5.1 In the Double Unit Conversion (R-2C) Zone, no development permit shall be
issued except in conformance with an effective development agreement or the
following requirements:
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
450 m2 (4,844 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
15.0 m (49.2 ft)
37.0 m (121.4 ft)
Minimum Front Setback
6.0 m (19.7 ft)
Minimum Rear Setback
i.
Main Buildings on Corner Lots
ii. Main Buildings on Other Lots
iii. Accessory Buildings
4.0 m (13.1 ft)
6.0 m (19.7 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
2.0 m (6.6 ft)
1.4 m (4.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
5.0 m (16.4 ft)
5.0 m (16.4 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
10.6 m (34.8 ft)
7.6 m (24.9 ft)
70
14 Double Unit Conversion (R-2C) Zone
TWO-UNIT DWELLINGS
14.5.2 The development of two dwelling units on one lot shall only be permitted as a
conversion of an existing one-unit dwelling.
14.5.3 Conversion of an existing one-unit dwelling shall not alter the following aspects
of the building facades facing the front and flanking (where applicable) lot lines:
(a) building massing;
(b) roof line; and
(c) size and number of windows and doors.
71
Municipality of Colchester - Land Use Bylaw
15 Residential Medium Density
(R-3) Zone
15.1
PERMITTED MAIN USES
15.1.1
The following main uses shall be permitted in the Residential Medium Density (R-
3) Zone subject to the requirements of this Bylaw:
(a) Agricultural Uses - Existing
(b) Boarding Houses - 3 to 4
sleeping units
(c) Community Hall
(d) Conservation
(e) Dwellings - Up to 4 dwelling
units on a lot
(f)
Existing Mobile Homes
identified on Appendix 'X'
(g) Guest Homes
(h) Parks and Open Space
(i)
Public Recreation
(j)
Residential Facility - Up to 6
bedrooms
(k) Walkways and Trails
(l)
Water Access
15.2 PERMITTED USES WITH CONDITIONS
15.2.1 The following main uses shall be permitted in the Residential Medium Density (R-
3) Zone subject to the requirements of this Bylaw and any conditions noted:
(a) Accessory Dwelling Unit - Section 7.1
(b) Commercial Uses - Subsection 15.7.5
(c) Education - Academic - Section 7.11
(d) Places of Worship - Section 7.11
15.3 PERMITTED USES BY SITE PLAN APPROVAL
15.3.1 The following main uses shall be permitted in the Residential Medium Density (R-
3) Zone by Site Plan Approval subject to the requirements of this Bylaw:
(a) Boarding Houses - 5 to 8 sleeping units
(b) Cluster Development - Up to 16 dwelling units
(c) Dwellings - 5 to 8 dwelling units on a lot
72
15 Residential Medium Density (R-3) Zone
15.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
15.4.1 The following uses shall be considered in the Residential Medium Density (R-
3) Zone by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a) Cluster Development -More than 16 dwelling units - Policy 5-17
(b) Dwellings - More than 8 dwelling units on a lot - Policy 4-49
(c) Energy Generation Systems - Policy 5-78
73
Municipality of Colchester - Land Use Bylaw
15.5 RESIDENTIAL MEDIUM DENSITY (R-3) ZONE DEVELOPMENT
STANDARDS
15.5.1 In the Residential Medium Density (R-3) Zone, no development permit shall be
issued except in conformance with an effective development agreement or the
following requirements:
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
400 m2 (4,306 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
12.0 m (39.4 ft)
37.0 m (121.4 ft)
Minimum Front Setback
6.0 m (19.7 ft)
Minimum Rear Setback
i.
Main Buildings on Corner Lots
ii. Main Buildings on Other Lots
iii. Accessory Buildings
4.0 m (13.1 ft)
6.0 m (19.7 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
2.0 m (6.6 ft)
1.4 m (4.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
5.0 m (16.4 ft)
5.0 m (16.4 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
12.2 m (40.0 ft)
7.6 m (24.9 ft)
74
15 Residential Medium Density (R-3) Zone
15.6 SPECIAL ZONE REQUIREMENTS
EXCEPTIONS TO LOT SIZE REQUIREMENTS
15.6.1 Notwithstanding the requirements of Subsection 15.5.1, a serviced lot containing
a semi-detached dwelling may be subdivided into two lots along the common
firewall with a minimum lot frontage of 6.0 metres, and minimum lot area of 200
square metres.
15.6.2 Notwithstanding the lot area, frontage, and setback requirements of Subsection
15.5.1 above, a serviced lot containing a row dwelling may be subdivided along
common walls provided the following minimum requirements can be met:
Standards
End Lots
Internal Lots
Minimum Area
225 m2 (2,422 ft2)
160 m2 (1,723 ft2)
Minimum Frontage
8.0 m (26.2 ft)
6.0 m (19.7 ft)
Minimum Side
Setback
3.0 m (9.8ft) one side
0.0 m other side
0.0 m
15.7 ZONE REQUIREMENTS WITHIN THE GROWTH CENTRE OF
TATAMAGOUCHE
15.7.1
The provisions of this Section shall apply only to lands zoned Residential Medium
Density (R-3) within the Growth Centre of Tatamagouche, as identified on
Schedule 'C'.
LOTS FRONTING ON BOTH MAIN AND CHURCH STREETS
15.7.2 Residential lots with frontage on both Main and Church Streets shall conform with
the 'established building line' for both streets.
15.7.3 The minimum setback for a garage from Church Street shall be 3.0 metres (9.9
feet).
15.7.4 Driveway access for a lot with frontage on both Main and Church Street shall not
be permitted from Main Street.
75
Municipality of Colchester - Land Use Bylaw
CONTIGUOUS EXPANSION OF COMMERCIAL AREAS
15.7.5 As provided for in Municipal Planning Strategy Policy 4-52, uses permitted within
the Main Street (MS) Zone and General Commercial (C-1) Zone shall be permitted
within the Residential Medium Density (R-3) Zone, provided:
(a) the lot is designated Commercial on the Future Land Use Map of the Municipal
Planning Strategy;
(b) the lot abuts an existing lot zoned Main Street or General Commercial; and
(c) issuance of a development permit shall be subject to the provisions of the Main
Street Zone or General Commercial Zone that abuts the lot.
TATAMAGOUCHE VILLAGE HERITAGE AREA ARCHITECTURAL REQUIREMENTS
15.7.6 The following criteria shall apply to new construction and renovation within the
Village Heritage Area, as identified on Schedule 'E'.
(a) An application to construct a new residential building or renovation shall be
accompanied by a scale drawing of the building and a site plan showing
proposed setbacks.
(b) Notwithstanding Section 15.5, the front setback for infill construction shall
conform with the 'established building line'.
(c) The length (along the street) to height ratio of the building shall not exceed 2:1.
(d) Roof lines should reflect traditional proportions and shall have a pitch of not less
than 6:12 (rise to run).
(e) Cladding materials on the front and flanking façades shall consist of:
i.
brick;
ii. stone;
iii. wood shake shingles;
iv. horizontal wood clapboard with vertical wood corner boards;
v. ornamental wood detailing;
vi. wood board and batten; or
vii. a combination thereof.
76
16 Residential High Density (R-4) Zone
16 Residential High Density (R-4)
Zone
16.1
PERMITTED MAIN USES
16.1.1
The following main uses shall be permitted in the Residential High Density (R-4)
Zone subject to the requirements of this Bylaw:
(a) Agricultural Uses - Existing
(b) Boarding Houses - 3 to 16
sleeping units
(c) Community Hall
(d) Conservation
(e) Daycare Centres
(f)
Dwellings - Up to 16 dwelling
units on a lot
(g) Guest Homes
(h) Parks and Open Space
(i)
Public Recreation
(j)
Residential Facilities
(k) Walkways and Trails
(l)
Water Access
16.2 PERMITTED USES WITH CONDITIONS
16.2.1 The following main uses shall be permitted in the Residential High Density (R-4)
Zone subject to the requirements of this Bylaw and any conditions noted:
(a) Accessory Dwelling Unit - Section 7.1
(b) Education - Academic - Section 7.11
(c) Places of Worship - Section 7.11
16.3 PERMITTED USES BY SITE PLAN APPROVAL
16.3.1 The following main uses shall be permitted in the Residential High Density (R-4)
Zone by Site Plan Approval subject to the requirements of this Bylaw:
(a) Cluster Development - Up to 16 dwelling units
16.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
16.4.1 The following uses shall be considered in the Residential High Density (R-4) Zone
by Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Boarding Houses - More than 16 sleeping units - Policy 4-49
(b) Cluster Development - More than 16 dwelling units - Policy 5-17
(c) Dwellings - More than 16 dwelling units on a lot - Policy 4-49
(d) Energy Generation Systems - Policy 5-78
77
Municipality of Colchester - Land Use Bylaw
16.5 RESIDENTIAL HIGH DENSITY (R-4) ZONE DEVELOPMENT
STANDARDS
16.5.1 In the Residential High Density (R-4) Zone, no development permit shall be issued
except in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
400 m2 (4,306 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
12.0 m (39.4 ft)
37.0 m (121.4 ft)
Minimum Front Setback
6.0 m (19.7 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
8.0 m (26.2 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
3.0 m (9.8 ft)
2.0 m (6.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
6.0 m (19.7 ft)
6.0 m (19.7 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
12.2 m (40.0 ft)
7.6 m (24.9 ft)
16.6 SPECIAL ZONE REQUIREMENTS
78
16 Residential High Density (R-4) Zone
ABUTTING YARDS
16.6.1 Notwithstanding Section 16.5 above, the minimum side setback and rear setback
for a building located on a lot zoned R-4 abutting an R-1, R-2, or R-2C Zone shall
be:
(a) 5.0 metres (16.4 feet) and 8.0 metres (26.2 feet) respectively for buildings less than
or equal to 8.0 metres (26.2 feet) in height;
(b) 6.0 metres (19.7 feet) and 12.0 metres (39.4 feet) respectively for buildings
exceeding 8.0 metres (26.2 feet) in height.
16.6.2 Where a lot zoned R-4 abuts an R-1, R-2, or R-2C Zone, open storage areas,
exposed machinery, and outdoor areas used for the storage and collection of
waste shall be screened from view of the abutting zone by screening meeting the
requirements of Section 6.20.
REDUCED LOT REQUIREMENTS
16.6.3 Notwithstanding the requirements of Subsection 16.5.1, a serviced lot containing a
semi-detached dwelling may be subdivided into two lots along the common fire
wall with a minimum lot frontage of 6.0 metres (19.7 feet), and minimum lot area of
200 square metres (2,153 square feet).
16.6.4 Notwithstanding the lot area, frontage, and setback requirements of
Subsections 16.5.1 and 16.6.1 above, a serviced lot containing a row dwelling
may be subdivided along common fire walls provided the following minimum
requirements can be met:
Standard
End Lots
Internal Lots
Minimum Area
225 m2 (2,422 ft2)
160 m2 (1723 ft2)
Minimum Frontage
8.0 m (26.2 ft)
6.0 m (19.7 ft)
Minimum Side
Setback
3.0 m (9.8 ft) one side
0.0 m other side
0.0 m
79
Municipality of Colchester - Land Use Bylaw
17 General Commercial (C-1)
Zone
17.1
PERMITTED MAIN USES
17.1.1
The following main uses shall be permitted in the General Commercial (C-1) Zone
subject to the requirements of this Bylaw:
(a) Accommodations
(b) Agricultural Uses - Existing
(c) Animal Care
(d) Animal Shelters
(e) Automobile Sales, Repair, &
Service Stations
(f)
Banks & Financial
(g) Business & Professional Offices
(h) Business Services
(i)
Civic & Cultural Uses
(j)
Commercial Recreation
(k) Community Hall
(l)
Conservation
(m) Convenience Stores
(n) Craft Food and Beverage
Production
(o) Daycare Centres
(p) Display Courts
(q) Drinking Establishments
(r)
Education
(s) Emergency Services
(t)
Farmers' Markets
(u) Funeral Homes
(v) Garden & Nursery Sales
(w) Government Uses
(x) Heavy Equipment Sales &
Service
(y) Marinas and Boat Clubs
(z) Medical Clinics
(aa) Parking Lots
(ab) Parks & Open Space
(ac) Personal Service Shops
(ad) Place of Worship
(ae) Private Clubs & Organizations
(af) Public Recreation
(ag) Recycling Depots
(ah) Repair Shops
(ai) Restaurants
(aj) Retail Lumber & Building
Supplies
(ak) Retail Stores
(al) Self-storage
(am) Shooting Ranges - Indoor
(an) Solar Panel - Commercial
(ao) Taxi & Bus Stations
(ap) Walkways and Trails
(aq) Warehousing
(ar) Water Access
(as) Wholesale Sales
(at) Workshops
80
17 General Commercial (C-1) Zone
17.2
PERMITTED USES WITH CONDITIONS
17.2.1
The following main uses shall be permitted in the General Commercial (C-1) Zone
subject to the requirements of this Bylaw and any conditions noted:
(a) Boarding Houses - Subsections 17.6.2 through 17.6.4
(b) Dwellings - Subsections 17.6.2 through 17.6.4
(c) Residential Facilities - Up to 6 bedrooms - Subsections 17.6.2 through 17.6.4
17.3
PERMITTED USES BY SITE PLAN APPROVAL
17.3.1
The following main uses shall be permitted in the General Commercial (C-1) Zone
by Site Plan Approval subject to the requirements of this Bylaw:
(a) Medium Sized Commercial Structures
17.4
USES CONSIDERED BY DEVELOPMENT AGREEMENT
17.4.1
The following main uses shall be considered in the General Commercial (C-
1) Zone by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a) Energy Generation Systems - Policy 5-78
(b) Large Sized Commercial Structures - Policy 4-58
(c) Shopping Centres - Policy 4-58
81
Municipality of Colchester - Land Use Bylaw
17.5
GENERAL COMMERCIAL (C-1) ZONE DEVELOPMENT
STANDARDS
17.5.1
In the General Commercial (C-1) Zone, no development permit shall be issued
except in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
600 m2 (6,439 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
20.0 m (65.6 ft)
37.0 m (121.4 ft)
Minimum Front Setback
8.0 m (26.2 ft)
Minimum Rear Setback
i.
Main Buildings in Tatamagouche
ii. Main Buildings Elsewhere
iii. Accessory Buildings
2.0 m (6.6 ft)
8.0 m (26.2 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
2.0 m (6.6 ft)
2.0 m (6.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
5.0 m (16.4 ft)
5.0 m (16.4 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
12.2 m (40.0 ft)
7.6 m (24.9 ft)
82
17 General Commercial (C-1) Zone
17.6
GENERAL REQUIREMENTS IN THE GENERAL COMMERCIAL ZONE
ABUTTING YARDS
17.6.1
Where a General Commercial (C-1) Zone abuts a Single Dwelling Unit (R-1)
Zone, Double Dwelling Unit (R-2) Zone, Double Unit Conversion (R-2C) Zone, or
Residential Medium Density (R-3) Zone the following requirements shall apply to
required abutting yards within the General Commercial Zone:
(a) The minimum requirements for the abutting side and rear setbacks shall be:
i.
in compliance with Subsection 17.5.1 for buildings less than 8.0 metres (26.2
feet) in height;
ii. 13.0 metres (42.7 feet) and 20.0 metres (65.6 feet) respectively for buildings
exceeding 8.0 metres (26.2 feet) in height.
(b) No open storage or commercial outdoor display shall be permitted in a required
yard abutting the residential zone.
(c) Further to the signage requirements of Part 10, all signs shall be set back a
minimum of 5.0 metres (16.4 feet) from any property line abutting the residential
zone.
(d) The following uses shall be screened along the yard abutting the residential zone
in accordance with Section 6.20:
i.
Outdoor commercial displays and storage
ii. Parking and loading areas
iii. Areas for garbage collection and storage
iv. Accessory commercial uses
BOARDING HOUSES AND DWELLINGS
17.6.2 Boarding houses, residential facilities - up to 6 bedrooms, and dwellings in
the General Commercial Zone existing on the effective date of this Bylaw shall
be considered permitted and shall not need to meet the requirements of
Subsections 17.6.3 or 17.6.4.
17.6.3 Boarding houses, residential facilities - up to 6 bedrooms, and dwellings in the
General Commercial Zone shall only be permitted on a lot containing commercial
uses.
17.6.4 Boarding houses, residential facilities - up to 6 bedrooms, and dwellings located
on the ground floor in the General Commercial Zone shall:
(a) not exceed a total of 50 percent of the ground floor area; and
(b) be located to the rear of the commercial use(s).
83
Municipality of Colchester - Land Use Bylaw
OUTDOOR COMMERCIAL DISPLAY
17.6.5 Outdoor commercial displays shall be located a minimum of 2.0 metres (6.6 feet)
from the front lot line but shall not include automobile sales establishments.
OUTDOOR STORAGE
17.6.6 Outdoor storage shall be limited to side and rear yards and shall be located no
closer to the front property line than the main building.
LANDSCAPING REQUIREMENT
17.6.7
A landscaped area shall be provided along the public street a minimum of
2.0 metres (6.6 feet) from the edge of the road or sidewalk. The area shall be
landscaped with grass, shrubs, trees, or other materials to provide an attractive
streetscape for the business without hindering exposure.
84
18 Highway Commercial (C-2) Zone
18 Highway Commercial (C-2)
Zone
18.1
PERMITTED MAIN USES
18.1.1
The following main uses shall be permitted in the Highway Commercial (C-2) Zone
subject to the requirements of this Bylaw:
(a) Accommodations
(b) Agricultural Uses - Existing
(c) Animal Care
(d) Animal Shelters
(e) Automobile Sales, Repair, &
Service Stations
(f)
Banks & Financial
(g) Building Contractors
(h) Business & Professional Offices
(i)
Business Services
(j)
Civic & Cultural Uses
(k) Commercial Recreation
(l)
Community Hall
(m) Conservation
(n) Convenience Stores
(o) Craft Food & Beverage
Production
(p) Daycare Centres
(q) Display Courts
(r)
Drinking Establishments
(s) Dwellings - Existing
(t)
Education
(u) Emergency Services
(v) Farmers' Markets
(w) Funeral Homes
(x) Garden & Nursery Sales
(y) Government Uses
(z) Heavy Equipment Sales and
Service
(aa) Light Industrial Uses
(ab) Marinas and Boat Clubs
(ac) Medical Clinics
(ad) Parking Lots
(ae) Parks & Open Space
(af) Personal Service Shops
(ag) Place of Worship
(ah) Private Clubs & Organizations
(ai) Public Recreation
(aj) Recycling Depots
(ak) Repair Shops
(al) Restaurants
(am) Retail Lumber & Building
Supplies
(an) Retail Stores
(ao) Self-storage
(ap) Shooting Ranges - Indoor
(aq) Solar Panels - Commercial
(ar) Taxi & Bus Stations
(as) Walkways and Trails
(at) Warehousing
(au) Water Access
(av) Wholesale Sales
(aw) Workshops
(ax) Residential Facilities - Existing
85
Municipality of Colchester - Land Use Bylaw
18.2 PERMITTED USES WITH CONDITIONS
18.2.1 The following main uses shall be permitted in the Highway Commercial (C-2) Zone
subject to the requirements of this Bylaw and any conditions noted:
(a) Dwellings - 1 dwelling unit on a lot - Subsection 18.7.2
(b) Kennels - Section 7.9
18.3 PERMITTED USES BY SITE PLAN APPROVAL
18.3.1 The following main uses shall be permitted in the Highway Commercial (C-2) Zone
by Site Plan Approval subject to the requirements of this Bylaw:
(a) Medium Sized Commercial Structures
18.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
18.4.1 The following uses shall be considered in the Highway Commercial (C-2) Zone
by Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Energy Generation Systems - Policy 5-78
(b) Large Sized Commercial Structures - Policy 4-66
(c) Racetracks - Policy 5-65
(d) Shooting Ranges - Outdoor - Policy 5-66
(e) Shopping Centres - Policy 4-66
86
18 Highway Commercial (C-2) Zone
18.5 HIGHWAY COMMERCIAL (C-2) ZONE DEVELOPMENT
STANDARDS
18.5.1 In the Highway Commercial (C-2) Zone, no development permit shall be issued
except in conformance an effective development agreement or with the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
800 m2 (8,611 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
30.0 m (98.4 ft)
37.0 m (121.4 ft)
Minimum Front Setback
10.0 m (32.8 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
8.0 m (26.2 ft)
3.0 m (9.9 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
8.0 m (26.2 ft)
4.0 m (13.1 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
8.0 m (26.2 ft)
8.0 m (26.2 ft)
Maximum Building Height
20.0 m (65.6 ft)
87
Municipality of Colchester - Land Use Bylaw
18.6 GENERAL REQUIREMENTS
ABUTTING YARDS
18.6.1 Where a Highway Commercial (C-2) Zone abuts a Single Dwelling Unit (R-1)
Zone, Double Dwelling Unit (R-2) Zone, Double Unit Conversion (R-2C) Zone, or
Medium Density Residential (R-3) Zone, the following requirements shall apply to
required abutting yards within the General Commercial Zone:
(a) The minimum requirements for the abutting side and rear setbacks shall be:
i.
5.0 metres (16.4 feet) and 8.0 metres (26.2 feet) respectively for buildings less
than 8.0 metres (26.2 feet) in height;
ii. 13.0 metres (42.7 feet) and 20.0 metres (65.6 feet) respectively for buildings
exceeding 8.0 metres (26.2 feet) in height.
(b) No open storage or commercial outdoor display shall be permitted in a required
yard abutting the residential zone.
(c) Further to the signage requirements of Part 10, all signs shall be set back a
minimum of 5.0 metres (16.4 feet) from any property line abutting the residential
zone.
(d) The following uses shall be screened along the yard abutting the residential zone
in accordance with Section 6.20:
i.
Outdoor commercial displays and storage
ii. Parking and Loading areas
iii. Areas for garbage collection and storage
iv. Accessory commercial uses
OUTDOOR COMMERCIAL DISPLAY
18.6.2 Outdoor commercial displays shall be located a minimum of 4.5 metres (14.8 feet)
from the front lot line but shall not include automobile sales establishments.
OUTDOOR STORAGE
18.6.3 Outdoor storage shall be limited to side and rear yards and shall be located no
closer to the front property line than the main building.
LANDSCAPING REQUIREMENTS
18.6.4 Development in the Highway Commercial Zone shall include a landscaped area in
compliance with a detailed landscaping plan submitted at the time of application,
and corresponding with the required front setback exclusive of driveway
openings, parking areas, and permitted storage or display areas.
88
18 Highway Commercial (C-2) Zone
18.7 SPECIAL REQUIREMENTS HIGHWAY COMMERCIAL (C-2) ZONE
EXISTING INDUSTRIAL USES
18.7.1
An Industrial Use in the Highway Commercial Zone existing on the effective date
of this Bylaw may continue to exist and may be enlarged or expanded subject to
the Industrial Zone Requirements of this Bylaw.
DWELLING
18.7.2 A dwelling containing a single dwelling unit may be established in the Highway
Commercial Zone provided it coexists with the main commercial or light industrial
use operating on the property and does not exceed a floor area of 120 square
metres (1,291 square feet).
SPECIAL REQUIREMENTS - DEBERT
18.7.3 Within Debert, open / bulk storage areas, exposed machinery, and outdoor areas
used for the storage and collection of waste materials in the Highway Commercial
shall be visually screened from roads and surrounding land uses using screening
meeting the requirements of Section 6.20.
18.7.4 Fabric "coverall"-type structures shall not be permitted as a main building in the
Highway Commercial Zone in Debert and shall only be permitted to be located
within the side or rear yard.
18.7.5 Within the Debert Industrial Park signage shall meet the additional requirements of
Section 10.17.
89
Municipality of Colchester - Land Use Bylaw
19 Main Street (MS) Zone
19.1
PERMITTED MAIN USES
19.1.1
The following main uses shall be permitted in the Main Street Commercial (MS)
Zone subject to the requirements of this Bylaw:
(a) Accommodations
(b) Agricultural Uses - Existing
(c) Animal Care
(d) Banks & Financial
(e) Business & Professional Offices
(f)
Business Services
(g) Civic & Cultural Uses
(h) Commercial Recreation -
Indoor
(i)
Community Hall
(j)
Conservation
(k) Convenience Stores
(l)
Craft Food and Beverage
Production
(m) Daycare Centres
(n) Drinking Establishments
(o) Dwellings - Existing
(p) Education - Commercial
(q) Farmers' Markets
(r)
Funeral Homes
(s) Government Uses
(t)
Medical Clinics
(u) Parking Lots
(v) Parks & Open Space
(w) Personal Service Shops
(x) Place of Worship
(y) Private Clubs & Organizations
(z) Public Recreation
(aa) Restaurants - Eat-in or Take-
out
(ab) Retail Stores
(ac) Taxi & Bus Stations
(ad) Walkways and Trails
(ae) Warehousing
(af) Water Access
(ag) Wholesale Sales
(ah) Workshops
19.2
PERMITTED USES WITH CONDITIONS
19.2.1
The following main uses shall be permitted in the Main Street Commercial (MS)
Zone subject to the requirements of this Bylaw and any conditions noted:
(a) Dwellings - Subsections 19.6.2 and 19.6.4
(b) Residential Facilities - up to 6 bedrooms - Subsections 19.6.2 and 19.6.4
19.3
PERMITTED USES BY SITE PLAN APPROVAL
19.3.1
The following main uses shall be permitted in the Main Street Commercial (MS)
Zone by Site Plan Approval subject to the requirements of this Bylaw
None
90
19 Main Street (MS) Zone
19.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
19.4.1
The following main uses shall be considered in the Main Street Commercial (MS)
Zone by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a) Energy Generation Systems - Policy 5-78
19.5
MAIN STREET COMMERCIAL (MS) ZONE DEVELOPMENT
STANDARDS
19.5.1
In the Main Street Commercial (MS) Zone, no development permit shall be issued
except in conformance with an effective development agreement or the following
requirements
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
200 m2 (2,153 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
8.0 m (26.2 ft)
37.0 m (121.4 ft)
Minimum Front Setback
1.0 m (3.3 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
6.0 m (19.7 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
0.0
2.0 m (6.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
1.0 m (3.3 ft)
1.0 m (3.3 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
12.5 m (41.0 ft)
7.6 m (24.9 ft)
91
Municipality of Colchester - Land Use Bylaw
19.6
REQUIREMENTS IN THE MAIN STREET COMMERCIAL ZONE
OUTDOOR STORAGE
19.6.1
Outdoor storage shall be limited to side and rear yards and shall be located no
closer to the front property line than the main building.
DWELLINGS
19.6.2 Dwellings and Residential Facilities - up to 6 bedrooms - Policy 4-106 in
the Main Street Commercial Zone existing on the effective date of this Bylaw
shall be considered permitted and shall not need to meet the requirements of
Subsections 19.6.3 or 19.6.4.
19.6.3 Dwellings and Residential Facilities - up to 6 bedrooms - Policy 4-106 in
the Main Street Commercial Zone shall only be permitted on a lot containing
commercial uses.
19.6.4 Dwellings and Residential Facilities - up to 6 bedrooms - Policy 4-106 located
on the ground floor in the Main Street Commercial Zone shall:
(a) not exceed a total of 50 percent of the ground floor area;
(b) be located to the rear of the commercial use(s).
ARCHITECTURAL REQUIREMENTS
19.6.5 New buildings in the Main Street (MS) Zone shall meet the following requirements:
(a) A minimum of 25%, but not more than 66%, of the ground floor front façade area
shall consist of transparent glazing. For the purposes of this clause the ground
floor front façade area shall be measured from average ground level adjacent to
the front of the building to:
i.
the eaves on a one-story building; or
ii. to a height of 3.0 metres on a multi-story building.
(b) Cladding materials on the front and flanking façades shall consist of:
i.
brick;
ii. stone;
iii. wood shake shingles;
iv. horizontal wood clapboard with vertical wood corner boards;
v. ornamental wood detailing;
vi. wood board and batten; or
vii. a combination thereof.
92
20 Local Commercial (C-4) Zone
20 Local Commercial (C-4) Zone
20.1 PERMITTED MAIN USES
20.1.1 The following main uses shall be permitted in the Local Commercial (C-4) Zone
subject to the requirements of this Bylaw:
(a) Agricultural Uses - Existing
(b) Community Hall
(c) Conservation
(d) Convenience Stores
(e) Daycare Centres
(f)
Dwellings - Up to 2 dwelling
units on a lot
(g) Farmers' Markets
(h) Guest Homes
(i)
Parks & Open Space
(j)
Personal Service Shops
(k) Residential Facility - Up to 6
bedrooms
(l)
Restaurant - Take-out - Max.
25 m2 Gross Floor Area
(m) Public Recreation
(n) Walkways and Trails
(o) Water Access
20.2 PERMITTED USES WITH CONDITIONS
20.2.1 The following main uses shall be permitted in the Local Commercial (C-4) Zone
subject to the requirements of this Bylaw and any conditions noted:
(a) Accessory Dwelling - Section 7.1
(b) Education - Academic - Section 7.10
(c) Place of Worship - Section 7.10
20.3 PERMITTED USES BY SITE PLAN APPROVAL
20.3.1 The following main uses shall be permitted in the Local Commercial (C-4) Zone by
Site Plan Approval subject to the requirements of this Bylaw:
(a) Boarding House - 3 to 4 sleeping units
(b) Dwellings - 3 to 4 dwelling units on a lot
20.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
20.4.1 The following uses shall be considered in the Local Commercial (C-4) Zone by
Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Energy Generation Systems - Policy 5-78
93
Municipality of Colchester - Land Use Bylaw
20.5 LOCAL COMMERCIAL (C-4) ZONE DEVELOPMENT STANDARDS
20.5.1 In the Local Commercial (C-4) Zone, no development permit shall be issued
except in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
700 m2 (7,535 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
20.0 m (65.6 ft)
37.0 m (121.4 ft)
Minimum Front Setback
10.0 (32.8 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
8.0 m (26.2 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
5.0 m (16.4 ft)
2.0 m (6.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
5.0 m (16.4 ft)
5.0 m (16.4 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
8.0 m (26.2 ft)
6.1 m (20.0 ft)
94
20 Local Commercial (C-4) Zone
20.6 GENERAL REQUIREMENTS
SCREENING
20.6.1 In the Local Commercial (C-4) Zone, the following uses shall be screened in
accordance with Section 6.20 along the required yard from all adjacent Single
Dwelling Unit (R-1) Zones, Double Dwelling Unit (R-2) Zones, Double Unit
Conversion (R-2C) Zones, or Medium Density Residential (R-3) Zones:
(a) Outdoor commercial displays and storage
(b) Parking and loading areas
(c) Areas for garbage collection and storage
(d) Accessory commercial uses
20.6.2 Screening shall be sited between the use to be screened and the property line.
OUTDOOR COMMERCIAL DISPLAY
20.6.3 Outdoor commercial displays shall be located a minimum of 4.5 metres (14.8 feet)
from the front lot line.
OUTDOOR STORAGE
20.6.4 Outdoor storage shall be limited to side and rear yards and shall be located no
closer to the front property line than the main building.
LANDSCAPING REQUIREMENTS
20.6.5 In the Local Commercial Zone there shall be a landscaped area corresponding
with the required front setback exclusive of driveway openings, parking areas,
and permitted storage or display areas.
20.7 SPECIAL REQUIREMENTS LOCAL COMMERCIAL (C-4) ZONE
ROOF STYLE
20.7.1 All main structures in a commercial C-4 zone shall be constructed with a gable,
gambrel, or hipped roof style.
SIGNS
20.7.2 Notwithstanding any other provision in this Bylaw, no ground sign in a Local
Commercial (C-4) zone shall exceed a height of 6.0 metres (19.7 feet) or have an
area exceeding 3.0 square metres (32.3 square feet).
95
Municipality of Colchester - Land Use Bylaw
21 Institutional (I) Zone
21.1
PERMITTED MAIN USES
21.1.1
The following main uses shall be permitted in the Institutional (I) Zone subject to
the requirements of this Bylaw:
(a) Agricultural Uses - Existing
(b) Cemeteries
(c) Civic & Cultural Uses
(d) Community Halls
(e) Conservation
(f)
Daycare Centres
(g) Education
(h) Emergency Services
(i)
Farmers' Markets
(j)
Funeral Homes
(k) Government Uses
(l)
Hospitals
(m) Medical Clinics
(n) Nova Scotia Provincial
Exhibition
(o) Nursing Homes
(p) Parks and Open Space
(q) Place of Worship
(r)
Private Clubs & Organizations
(s) Public Recreation
(t)
Residential Facilities
(u) Solar Panels - Commercial
(v) Walkways and Trails
21.2 PERMITTED USES WITH CONDITIONS
21.2.1 The following main uses shall be permitted in the Institutional (I) Zone subject to
the requirements of this Bylaw and any conditions noted:
None
21.3 PERMITTED USES BY SITE PLAN APPROVAL
21.3.1 The following main uses shall be permitted in the Institutional (I) Zone by Site Plan
Approval subject to the requirements of this Bylaw
None
21.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
21.4.1 The following uses shall be considered in the Institutional (I) Zone by Development
Agreement, subject to the applicable policies in the Municipal Planning Strategy:
(a) Dwellings - Policy 4-80
(b) Energy Generation Systems - Policy 5-78
96
21 Institutional (I) Zone
21.5 INSTITUTIONAL (I) ZONE DEVELOPMENT STANDARDS
21.5.1 In the Institutional (I) Zone, no development permit shall be issued except
in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
i.
Main Buildings
ii. Accessory Buildings
660 m2 (7,104 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Main Buildings
ii. Accessory Buildings
22.0 m (72.2 ft)
37.0 m (121.4 ft)
Minimum Front Setback
10.0 m (32.8 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
8.0 m (26.2 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
3.0 m (9.8 ft)
2.0 m (6.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
5.0 m (16.4 ft)
5.0 m (16.4 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
12.5 m (41.0 ft)
7.6 m (24.9 ft)
97
Municipality of Colchester - Land Use Bylaw
21.6 SPECIAL REQUIREMENTS INSTITUTIONAL (I) ZONE
STABLES
21.6.1 Permitted Institutional Zone uses that involve barns, stables and on-site manure
storage shall comply with the provisions of Subsection 6.2.3 of this Bylaw.
ABUTTING YARD REQUIREMENTS
21.6.2 Where an Institutional (I) Zone abuts a Single Dwelling Unit (R-1) Zone, Double
Dwelling Unit (R-2) Zone, Double Unit Conversion (R-2C) Zone, or Residential
Medium Density (R-3) Zone the following requirements shall apply to required
abutting yards within the Institutional Zone:
(a) The minimum requirements for the abutting side and rear setbacks shall be 6.0
metres (19.7 feet).
(b) No open storage or commercial outdoor display shall be permitted in a required
yard abutting the residential zone.
(c) Further to the signage requirements of Part 10, the following provisions apply to
signs in any yard abutting the residential zone:
i.
all signs located in the abutting yard shall be non-illuminated;
ii. all signs shall be set back at least 3.0 metres (9.8 feet) from the abutting
property line; and
iii. the maximum sign area shall be 1.5 square metres (16.1 square feet).
21.6.3 Outdoor storage and accessory uses shall be screened along the yard abutting
the residential zone in accordance with Section 6.20.
98
22 Industrial (M) Zone
22 Industrial (M) Zone
22.1 PERMITTED MAIN USES
22.1.1 The following main uses shall be permitted in the Industrial (M) Zone subject to the
requirements of this Bylaw:
(a) Abattoirs
(b) Aggregate-related Industries
(c) Agricultural Uses - Existing
(d) Agriculture-related Industries
(e) Animal Care
(f)
Animal Shelters
(g) Automobile Sales, Repair, &
Services Stations
(h) Building Contractors
(i)
Business Services
(j)
Conservation
(k) Craft Food & Beverage
Production
(l)
Display Courts
(m) Education - Commercial and
Post-secondary
(n) Emergency Services
(o) Fertilizer Blending Plant
(p) Fishing-related Uses
(q) Forestry-related Uses
(r)
Funeral Homes
(s) Government Uses
(t)
Heavy Equipment Sales and
Services
(u) Heavy Industrial Uses
(v) Light Industrial Uses
(w) Parking Lots
(x) Parks and Open Space
(y) Recycling Depots
(z) Repair Shops
(aa) Retail Lumber & Building
Supplies
(ab) Self-storage
(ac) Shooting Ranges - Indoor
(ad) Solar Panels - Commercial
(ae) Solid Waste Disposal
(af) Taxi & Bus Stations
(ag) Walkways and Trails
(ah) Warehousing
(ai) Water Access
(aj) Wholesale Sales
(ak) Workshops
22.2 PERMITTED USES WITH CONDITIONS
22.2.1 The following main uses shall be permitted in the Industrial (M) Zone subject to the
requirements of this Bylaw and any conditions noted:
(a) Kennels - Section 7.9
(b) Retail Stores - Subsection 22.6.7
(c) Scrap or Salvage Yards - Section 7.12
99
Municipality of Colchester - Land Use Bylaw
22.3 PERMITTED USES BY SITE PLAN APPROVAL
22.3.1 The following main uses shall be permitted in the Industrial (M) Zone by Site Plan
Approval subject to the requirements of this Bylaw
None
22.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
22.4.1 The following uses shall be considered in the Industrial (M) Zone by Development
Agreement, subject to the applicable policies in the Municipal Planning Strategy:
(a) Energy Generation Systems - Policy 5-78
22.5 INDUSTRIAL (M) ZONE DEVELOPMENT STANDARDS
22.5.1 In the Industrial (M) Zone, no development permit shall be issued except
in conformance with an effective development agreement or the following
requirements.
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
2,500 m2 (26,909 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
30.0 m (98.4 ft)
37.0 m (121.4 ft)
Minimum Front Setback
10.0 m (32.8 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
10.0 m (32.8 ft)
6.0 m (19.7 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
6.0 m (19.7 ft)
4.0 m (13.1 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
6.0 m (19.7 ft)
6.0 m (19.7 ft)
Maximum Building Height
20.0 m (65.6 ft)
100
22 Industrial (M) Zone
22.6 SPECIAL REQUIREMENTS IN THE INDUSTRIAL (M) ZONE
RESTRICTION ON PERMITTED USES
22.6.1 No development permit shall be issued in the Industrial (M) Zone where the use
is considered obnoxious by reason of sound; odour; fumes or smoke; or other
obnoxious emissions, whether carried by water or air.
ABUTTING YARDS
22.6.2 Notwithstanding the requirements of Section 22.5, where a lot in the Industrial
Zone abuts a residential zone:
(a) the minimum side setback shall be 10.0 metres (32.8 feet);
(b) there shall be no parking or open storage in the minimum setback within any yard
abutting the residential zone; and
(c) screening meeting the requirements of Section 6.20 shall be located the
industrial use and the lot line abutting the residential zone.
OPEN / BULK STORAGE
22.6.3 Open storage or outdoor displays shall not be permitted within any required setback.
22.6.4 Open storage or display shall not exceed 50 percent of the available lot area.
22.6.5 Open / bulk storage areas, exposed machinery, and outdoor areas used for the
storage and collection of waste materials in the Industrial Zone shall be visually
screened from roads and surrounding land uses using screening meeting the
requirements of Section 6.20.
SETBACKS ADJACENT TO A RAILWAY
22.6.6 In the Industrial Zone, the minimum setbacks requirements of Subsection 22.5.1
shall not be applicable to any setback which directly abuts a railway right-of-way.
RETAIL SALES
22.6.7 Retail sales in the Industrial Zone shall be related to a product made or stored by
the main use of the property.
SPECIAL REQUIREMENTS - DEBERT
22.6.8 Development in the Industrial Zone in Debert shall include a landscaped area in
compliance with a detailed landscaping plan submitted at the time of application,
and corresponding with the required front setback exclusive of driveway
openings, parking areas, and permitted storage or display areas.
22.6.9 Fabric "coverall"-type structures shall not be permitted as a main building in the
Industrial Zone in Debert and shall only be permitted to be located within the side
or rear yard.
22.6.10 Within the Debert Industrial Park signage shall meet the additional requirements of
Section 10.17.
101
Municipality of Colchester - Land Use Bylaw
23 Airport (AIR) Zone
23.1 PERMITTED MAIN USES
23.1.1 The following main uses shall be permitted in the Airport (AIR) Zone subject to the
requirements of this Bylaw:
(a) Agricultural Uses - Existing
(b) Civic & Cultural Uses
(c) Community Hall
(d) Conservation
(e) Education - Commercial
(f)
Government Uses
(g) Light Industrial Uses
(h) Parking Lots
(i)
Parks and Open Spaces
(j)
Private Clubs & Organizations
(k) Restaurant - Eat-in
(l)
Restaurant - Take-out
(m) Walkways and Trails
(n) Water Access
23.2 PERMITTED USES WITH CONDITIONS
23.2.1 The following main uses shall be permitted in the Airport (AIR) Zone subject to the
requirements of this Bylaw and any conditions noted:
(a) Solar Panels - Commercial - subject to a solar glare assessment study
23.3 PERMITTED USES BY SITE PLAN APPROVAL
23.3.1 The following main uses shall be permitted in the Airport (AIR) Zone by Site Plan
Approval subject to the requirements of this Bylaw:
None
23.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
23.4.1 The following uses shall be considered in the Airport (AIR) Zone by Development
Agreement, subject to the applicable policies in the Municipal Planning Strategy:
(a) Energy Generation Systems - Policy 5-78
102
23 Airport (AIR) Zone
23.5 AIRPORT (AIR) ZONE DEVELOPMENT STANDARDS
23.5.1 In the Airport (AIR) Zone, no development permit shall be issued except in
conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
N/A
Minimum Lot Frontage
N/A
Minimum Front Setback
10.0 m (32.8 ft)
Minimum Rear Setback
10.0 m (32.8 ft)
Minimum Side Setback
10.0 m (32.8 ft)
Minimum Flanking Setback
10.0 m (32.8 ft)
Maximum Building Height*
6.3 m (21.0 ft)
* buildings may be considered above this maximum height with approval by the
Colchester Approach Maintenance Coordinator
103 Municipality of Colchester - Land Use Bylaw
24 Parks and Open Space (P-1)
Zone
24.1 PERMITTED MAIN USES
24.1.1 The following main uses shall be permitted in the Parks and Open Space (P-1)
Zone subject to the requirements of this Bylaw:
(a) Agricultural Uses - Existing
(b) Cemeteries
(c) Commercial Recreation -
Outdoor
(d) Community Hall
(e) Conservation
(f)
Farmers' Markets
(g) Marinas and Boat Clubs
(h) Parks and Open Spaces
(i)
Public Recreation
(j)
Restaurant - Take-out - Max.
25 m2 Gross Floor Area
(k) Walkways and Trails
(l)
Water Access
24.2 PERMITTED USES WITH CONDITIONS
24.2.1 The following main uses shall be permitted in the Parks and Open Space (P-1)
Zone subject to the requirements of this Bylaw and any conditions noted:
None
24.3 PERMITTED USES BY SITE PLAN APPROVAL
24.3.1 The following main uses shall be permitted in the Parks and Open Space (P-1)
Zone by Site Plan Approval subject to the requirements of this Bylaw:
(a) Campgrounds
24.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
24.4.1 The following uses shall be considered in the Parks and Open Space (P-1) Zone
by Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Energy Generation Systems - Policy 5-78
104
24 Parks and Recreation (P-1) Zone
24.5 PARKS AND OPEN SPACE (P-1) ZONE DEVELOPMENT
STANDARDS
24.5.1 In the Parks and Open Space (P-1) Zone, no development permit shall be issued
except in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
N/A
Minimum Lot Frontage
10.0 m (32.8 ft)
Minimum Front Setback
10.0 m (32.8 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
10.0 m (32.8 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
10.0 m (32.8 ft)
2.0 m (6.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
6.0 m (19.7 ft)
6.0 m (19.7 ft)
Maximum Building Height
12.6 m (41.3 ft)
24.6 SPECIAL REQUIREMENTS PARKS AND OPEN SPACE (P-1) ZONE
STABLES AND MANURE STORAGE
24.6.1 Permitted recreational uses that involve barns, stables and on-site manure storage
shall comply with the provisions of Subsection 6.2.3 of this Bylaw.
105 Municipality of Colchester - Land Use Bylaw
25 Commercial Recreation (P-2)
Zone
25.1 PERMITTED MAIN USES
25.1.1 The following main uses shall be permitted in the Commercial Recreation (P-2)
Zone subject to the requirements of this Bylaw:
(a) Accommodations
(b) Agricultural Uses - Existing
(c) Agritourism
(d) Animal Care
(e) Animal Shelters
(f)
Civic & Cultural Uses
(g) Commercial Recreation
(h) Community Hall
(i)
Conservation
(j)
Convenience Stores
(k) Craft Food & Beverage
Production
(l)
Daycare Centres
(m) Drinking Establishments
(n) Farmers' Markets
(o) Livestock Operation -
Moderate
(p) Marinas and Boat Clubs
(q) Parking Lots
(r)
Parks and Open Space
(s) Personal Service Shops
(t)
Private Clubs & Organizations
(u) Public Recreation
(v) Racetracks - Existing
(w) Recreational Cabin
(x) Restaurants - Eat-in
(y) Restaurants - Take-out
(z) Retail Stores
(aa) Shooting Ranges - Indoor
(ab) Solar Panels - Commercial
(ac) Walkways and Trails
(ad) Water Access
25.2 PERMITTED USES WITH CONDITIONS
25.2.1 The following main uses shall be permitted in the Commercial Recreation (P-2)
Zone subject to the requirements of this Bylaw and any conditions noted:
None
25.3 PERMITTED USES BY SITE PLAN APPROVAL
25.3.1 The following main uses shall be permitted in the Commercial Recreation (P-2)
Zone by Site Plan Approval subject to the requirements of this Bylaw:
(a) Campgrounds
106
25 Commercial Recreation (P-2) Zone
25.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
25.4.1 The following uses shall be considered in the Commercial Recreation (P-2) Zone
by Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Cluster Development - Policy 5-17
(b) Dwellings - Policy 4-106
(c) Energy Generation Systems - Policy 5-78
(d) Racetracks - Policy 5-65
(e) Shooting Ranges - Outdoor - Policy 5-66
(f)
Residential Facilities - up to 6 bedrooms - Policy 4-106
25.5 COMMERCIAL RECREATION (P-2) ZONE DEVELOPMENT
STANDARDS
25.5.1 In the Commercial Recreation (P-2) Zone, no development permit shall be issued
except in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
37.0 m (121.4 ft)
Minimum Front Setback
12.0 m (39.4 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
12.0 m (39.4 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
6.0 m (19.7 ft)
2.0 m (6.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
12.0 m (39.4 ft)
12.0 m (39.4 ft)
Maximum Building Height
12.0 m (39.4 ft)
107 Municipality of Colchester - Land Use Bylaw
26 Rural General (RG) Zone
26.1 PERMITTED MAIN USES
26.1.1 The following main uses shall be permitted in Rural General (RG) Zone subject to
the requirements of this Bylaw:
(a) Accommodations
(b) Aggregate-related Industries
(c) Agricultural Uses
(d) Agriculture-related Industries
(e) Agritourism
(f)
Animal Care
(g) Animal Shelters
(h) Automobile Sales, Repair, &
Service Stations
(i)
Banks & Financial
(j)
Building Contractors
(k) Business & Professional Offices
(l)
Business Services
(m) Boarding House - 3 to 4
sleeping units
(n) Cemeteries
(o) Civic & Cultural Uses
(p) Commercial Recreation
(q) Community Hall
(r)
Conservation
(s) Convenience Stores
(t)
Craft Food & Beverage
Production
(u) Daycare Centres
(v) Display Courts
(w) Drinking Establishments
(x) Dwellings - Up to 4 dwelling
units on a lot
(y) Education
(z) Emergency Services
(aa) Farmers' Markets
(ab) Fishing-related Uses
(ac) Forestry-related Uses
(ad) Funeral Homes
(ae) Garden & Nursery Sales
(af) Government Uses
(ag) Guest Homes
(ah) Heavy Equipment Sales &
Service
(ai) Heavy Industrial Uses - Existing
(aj) Light Industrial Uses
(ak) Livestock Operation -
Moderate
(al) Marinas and Boat Clubs
(am) Medical Clinics
(an) Mobile Homes
(ao) Parking Lots
(ap) Parks & Open Space
(aq) Place of Worship
(ar) Private Clubs & Organizations
(as) Public Recreation
(at) Recreational Cabin
(au) Recycling Depots
(av) Repair Shops
(aw) Residential Facility - Up to 6
bedrooms
(ax) Restaurants - Eat-in and Take-
out
(ay) Retail Lumber & Building
Supplies
(az) Retail Stores
108
26 Rural General (RG) Zone
(ba) Self-storage
(bb) Shooting Ranges - Indoor
(bc) Solar Panels - Commercial
(bd) Taxi & Bus Stations
(be) Walkways and Trails
(bf) Warehousing
(bg) Water Access
(bh) Wholesale Sales
(bi) Workshops
26.2 PERMITTED USES WITH CONDITIONS
26.2.1 The following main uses shall be permitted in the Rural General (RG) Zone subject
to the requirements of this Bylaw and any conditions noted:
(a) Accessory Dwelling Unit - Section 7.1
(b) Dwellings - More than 4 dwelling units on a lot - Section 26.6.6
(c) Intensive Livestock Operations - Section 7.8
(d) Kennels - Section 7.9
26.3 PERMITTED USES BY SITE PLAN APPROVAL
26.3.1 The following main uses shall be permitted in the Rural General (RG) Zone by Site
Plan Approval subject to the requirements of this Bylaw:
(a) Cluster Development - Up to 16 dwelling units
26.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
26.4.1 The following uses shall be considered in the Rural General (RG) Zone by
Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Cluster Development - More than 16 dwelling units - Policy 5-17
(b) Energy Generation Systems - Policy 5-78
(c) Racetracks - Policy 5-65
(d) Shooting Ranges - Outdoor - Policy 5-66
109 Municipality of Colchester - Land Use Bylaw
26.5 RURAL GENERAL (RG) ZONE DEVELOPMENT STANDARDS
26.5.1 In the Rural General (RG) Zone, no development permit shall be issued except
in conformance with an effective development agreement or the following
requirements:
Standard
All Other Permitted Uses
Intensive Livestock
Operations
Minimum Lot Area
2,700 m2
(29,063 ft2)
4,050 m2
(43,594 ft2)
Minimum Frontage
37.0 m (121.4 ft)
37.0 m (121.4 ft)
Minimum Front Setback
12.0 m (39.4 ft)
45.0 m (147.6 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
12.0 m (39.4 ft)
2.0 m (6.6 ft)
30.0 m (98.4 ft)
30.0 m (98.4 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
6.0 m (19.7 ft)
2.0 m (6.6 ft)
15.0 m (49.2 ft)
15.0 m (49.2 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
12.0 m (39.4 ft)
12.0 m (39.4 ft)
30.0 m (98.4 ft)
30.0 m (98.4 ft)
Maximum Building Height
12.0 m (39.4 ft)
20.0 m (65.6 ft)
26.6 SPECIAL REQUIREMENTS FOR THE RURAL GENERAL (RG) ZONE
OPEN STORAGE:
26.6.1 Open Storage, exposed machinery, and areas used for collection of waste
materials shall not be located within a required setback.
FRONTAGE ON A RIGHT OF WAY
26.6.2 Notwithstanding Section 6.12 and the minimum lot frontage requirements of this
Zone, a lot in the Rural General Zone existing on February 27, 2025, and shown on
an approved plan of subdivision that is accessed by a private right-of-way may
be developed for any purpose outlined in Section 26.1 above, except a dwelling
use.
110
26 Rural General (RG) Zone
ACCESSORY BUILDINGS:
26.6.3 The size requirements of Subsection 6.2.2 shall apply to accessory buildings
in the Rural General (RG) Zone. For the purposes of this Section, agricultural
buildings and structures shall not be considered accessory buildings.
NON-CONFORMING STRUCTURES AND USES:
26.6.4 Notwithstanding Section 6.18 and Section 6.19, a non-conforming, non-
residential use or structure in the Rural General (RG) zone may be expanded and/
or enlarged provided that:
(a) the expansion and/or enlargement of the non-conforming use does not exceed
ten percent (10%) of the structure or area occupied by the use;
(b) the expansion and/or enlargement of the non-conforming structure does not
exceed twenty percent (20%) of the distance or area that is non-conforming;
(c) in the case of a non-conforming structure, no expansion and/or extension shall
be closer than 5.0 metres (16.4 feet) to any property line abutting a public road or
highway; and
(d) the non-conforming use or structure lawfully existed prior to November 18, 1994.
EXISTING INDUSTRIAL USES:
26.6.5 An industrial use in the Rural General (RG) Zone existing on the effective date of
this Bylaw may continue to exist and may be expanded or enlarged provided the
following conditions are met:
(a) any expansion or enlargement of the industrial use is situated entirely on the lot as
it existed on the effective date of this Bylaw; and
(b) the expansion or enlargement meets the requirements of Part 29 of this Bylaw.
DWELLINGS - MORE THAN FOUR DWELLING UNITS ON A LOT
26.6.6 The development of more than four (4) dwelling units on a lot in the Rural General
(RG) Zone shall be subject to the following conditions:
(a) the total minimum lot size shall be 2,700 square metres plus an additional 2,700
square metres for each dwelling unit above the first four; and
(b) each dwelling shall contain a maximum for four (4) dwelling units.
EXCEPTIONS TO LOT SIZE REQUIREMENTS:
26.6.7 Notwithstanding the lot area, frontage, and setback requirements of Section 26.5
above, a lot in a Rural General Zonethat is not serviced by public sewer may be
subdivided with reduced road frontage provided the provisions of Section 12 of
the County of Colchester Subdivision Bylaw are complied with.
26.6.8 All required setbacks for lots created in accordance with Subsection 26.6.7 shall
be 8.0 metres (26.2 feet).
111
Municipality of Colchester - Land Use Bylaw
27 Rural Residential (RR) Zone
27.1
PERMITTED MAIN USES
27.1.1
The following main uses shall be permitted in the Rural Residential (RR) Zone
subject to the requirements of this Bylaw:
(a) Agricultural Uses - Existing
(b) Community Hall
(c) Conservation
(d) Dwellings - 2 dwellings unit on
a lot
(e) Guest Homes
(f)
Livestock Operation -
Moderate
(g) Mobile Home
(h) Parks and Open Space
(i)
Public Recreation
(j)
Residential Facility - Up to 6
bedrooms
(k) Walkways and Trails
(l)
Water Access
27.2 PERMITTED USES WITH CONDITIONS
27.2.1 The following main uses shall be permitted in the Rural Residential (RR) Zone
subject to the requirements of this Bylaw and any conditions noted:
(a) Accessory Dwelling Unit - Section 7.1
(b) Education - Academic - Section 7.10
(c) Places of Worship - Section 7.10
27.3 PERMITTED USES BY SITE PLAN APPROVAL
27.3.1 The following main uses shall be permitted in the Rural Residential (RR) Zone by
Site Plan Approval subject to the requirements of this Bylaw:
(a) Cluster Development - Up to 16 dwelling units
27.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
27.4.1 The following main uses shall be considered in the Rural Residential (RR) Zone
by Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Cluster Development - More than 16 dwelling units - Policy 5-17
(b) Energy Generation Systems - Policy 5-78
112
27 Rural Residential (RR) Zone
27.5 RURAL RESIDENTIAL (RR`) ZONE DEVELOPMENT STANDARDS
27.5.1 In the Rural Residential (RR) Zone, no development permit shall be issued except
in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
37.0 m (121.4 ft)
Minimum Front Setback
12.0 m (39.4 ft)
Minimum Rear Setback
i.
Main Building on Corner Lots
ii. Main Buildings on other Lots
iii. Accessory Buildings
6.0 m (19.7 ft)
12.0 m (39.4 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
6.0 m (19.7 ft)
1.4 m (4.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
8.0 m (26.3 ft)
5.0 m (16.4 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
10.6 m (34.8 ft)
7.6 m (24.9 ft)
113
Municipality of Colchester - Land Use Bylaw
28 Agriculture Potential (AP)
Zone
28.1 PERMITTED USES
28.1.1 The following main uses shall be permitted in Agriculture Potential (AP) Zone,
subject to the requirements of this Bylaw:
(a) Abattoirs
(b) Accommodations
(c) Agricultural Uses
(d) Agriculture-related Industries
(e) Agritourism
(f)
Animal Care
(g) Animal Shelter
(h) Banks & Financial
(i)
Boarding House
(j)
Building Contractors
(k) Business & Professional Offices
(l)
Business Services
(m) Civic and Cultural Uses
(n) Community Hall
(o) Conservation Uses
(p) Convenience Stores
(q) Craft Food and Beverage
Production
(r)
Daycare Centres
(s) Drinking Establishments
(t)
Dwellings - More than 2
dwelling units on a lot -
Existing
(u) Dwellings - Up to 2 dwelling
units on a lot
(v) Education
(w) Livestock Operation -
Moderate
(x) Emergency Services
(y) Farmers' Markets
(z) Fishing-related Uses
(aa) Forestry-related Uses
(ab) Funeral Homes
(ac) Garden and Nursery Sales
(ad) Government Uses
(ae) Guest Homes
(af) Heavy Equipment Sales and
Service
(ag) Marinas and Boat Clubs
(ah) Medical Clinics
(ai) Mobile Homes
(aj) Parks & Open Space
(ak) Personal Service Shops
(al) Place of Worship
(am) Private Clubs and
Organizations
(an) Public Recreation
(ao) Recreational Cabin
(ap) Recycling Depots
(aq) Repair Shops
(ar) Residential Facility - Up to 6
bedrooms
(as) Restaurant - Eat-in or Take-out
(at) Retail Lumber and Building
Supplies
(au) Retail Stores
(av) Self-storage
114
28 Agriculture Potential (AP) Zone
(aw) Shooting Ranges - Indoor
(ax) Solar Panels - Commercial
(ay) Taxi and Bus Stations
(az) Walkways & Trails
(ba) Warehousing
(bb) Water Access
(bc) Wholesale Sales
(bd) Workshops
28.2 PERMITTED USES WITH CONDITIONS
28.2.1 The following main uses shall be permitted in the Agriculture Potential (AP) Zone
subject to the requirements of this By-law and any conditions noted:
(a) Accessory Dwelling Unit - Section 7.1
(b) Intensive Livestock Operation - Section 7.8
(c) Kennel - Section 7.9
28.3 PERMITTED USES BY SITE PLAN APPROVAL
28.3.1 The following main uses shall be permitted in the Agriculture Potential (AP) Zone
by Site Plan Approval subject to the requirements of this Bylaw:
(a) Cluster Development - Up to 16 dwelling units
28.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
28.4.1 The following uses shall be considered in the Agriculture Potential (AP) Zone by
Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Cluster Development - More than 16 dwelling units - Policy 5-17
(b) Energy Generation Systems - Policy 5-78
(c) Racetracks - Policy 5-65
(d) Shooting Ranges - Outdoor - Policy 5-66
115
Municipality of Colchester - Land Use Bylaw
28.5 AGRICULTURE POTENTIAL (AP) ZONE DEVELOPMENT STANDARDS
28.5.1 In the Agriculture Potential (AP) Zone, no development permit shall be issued except in
conformance an effective development agreement or with the following requirements:
Standard
Intensive Livestock
Operations
All Other Permitted
Uses
Minimum Lot Area
4,050 m2
(43,593 ft2)
2,700 m2
(29,062 ft2)
Minimum Lot Frontage
37.0 m (121.4 ft)
37.0 m (121.4 ft)
Minimum Front Setback
45.0 m (147.7 ft)
12.0 m (39.4 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
30.0 m (98.5 ft)
30.0 m (98.5 ft)
12.0 m (39.4 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
15.0 m (49.3 ft)
15.0 m (49.3 ft)
6.0 m (19.7 ft)
2.0 m (6.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
30.0 m (98.5 ft)
30.0 m (98.5 ft)
8.0 m (26.3 ft)
5.0 m (16.4 ft)
Maximum Building Height
20.0 m (65.6 ft)
12.0 m (39.4 ft)
28.6 SPECIAL REQUIREMENTS IN THE AGRICULTURAL POTENTIAL ZONE
REMOVAL OF TOPSOIL IN THE AGRICULTURE POTENTIAL (AP) ZONE
28.6.1 The removal of topsoil shall be prohibited in the Agricultural Potential Zone (AP)
except for removal that is incidental to a permitted use and excavation associated
with the construction of buildings and infrastructure or for operations which by their
very nature involve the removal of topsoil such as sod farming and peat harvesting.
FRONTAGE
28.6.2 In the Agriculture Potential Zone, lot frontage shall only be counted towards
meeting the minimum requirement of the Zone if the lot fronts on an existing
private road, or a public road, or a private road providing or intended to provide
access for up to three lots.
28.6.3 Notwithstanding Section 6.12 and the minimum lot frontage requirements of this Zone,
a lot in the Agricultural Potential Zone existing on February 27, 2025, and shown on
an approved plan of subdivision that is accessed by a private right of way may be
developed for any purpose outlined in Section 28.1 above, except a dwelling use.
116
28 Agriculture Potential (AP) Zone
EXCEPTIONS TO LOT SIZE REQUIREMENTS:
28.6.4 Notwithstanding the lot area, frontage, and setback requirements of Section
28.5 above, a lot in a Agriculture Potential Zone that is not serviced by public
sewer may be subdivided with reduced road frontage provided the provisions of
Section 12 of the County of Colchester Subdivision Bylaw are complied with.
28.6.5 All required setbacks for lots created in accordance with Subsection 28.6.8 shall
be 8.0 metres (26.2 feet).
117
Municipality of Colchester - Land Use Bylaw
29 Rural Industrial (RM) Zone
29.1
PERMITTED MAIN USES
29.1.1
The following main uses shall be permitted in Rural Industrial (RM) Zone subject to
the requirements of this Bylaw:
(a) Abattoirs
(b) Agricultural Uses
(c) Agriculture-related Industries
(d) Agritourism
(e) Animal Care
(f)
Animal Shelters
(g) Automobile Sale, Repair, and &
Service Stations
(h) Building Contractors
(i)
Bulk Storage of Petroleum,
Chemicals and Fuel Oils, Liquid
Gases
(j)
Business Services
(k) Business & Professional Offices
(l)
Conservation
(m) Craft Food & Beverage
Production
(n) Display Courts
(o) Education - Commercial or
Post-secondary
(p) Emergency Services
(q) Fishing-related Uses
(r)
Forestry-related Uses
(s) Funeral Homes
(t)
Garden & Nursery Sales
(u) Government Uses
(v) Fertilizer Blending Plant
(w) Heavy Equipment Sales &
Service
(x) Heavy Industrial Uses
(y) Light Industrial Uses
(z) Livestock Operation -
Moderate
(aa) Parking Lots
(ab) Parks & Open Space
(ac) Recycling Depots
(ad) Repair Shops
(ae) Retail Lumber & Building
Supplies
(af) Self-storage
(ag) Solar Panels - Commercial
(ah) Solid Waste Disposal
(ai) Taxi & Bus Stations
(aj) Walkways and Trails
(ak) Warehousing
(al) Water Access
(am) Wholesale Sales
(an) Workshops
RESTRICTION ON PERMITTED USES
29.1.2 No Development Permit shall be issued where the use is considered obnoxious
by reason of sound, fumes, or smoke, or other obnoxious emissions, whether by
water or air.
118
29 Rural Industrial (RM) Zone
29.2 PERMITTED USES WITH CONDITIONS
29.2.1 The following main uses shall be permitted in the Rural Industrial (RM) Zone
subject to the requirements of this Bylaw and any conditions noted:
(a) Aggregate-related Industries - Subsection 29.6.5
(b) Intensive Livestock Operations - Section 7.9
(c) Kennels - Section 7.10
(d) Scrap or Salvage Yards - Section 7.12
(e) Dwellings - 1 dwelling unit on a lot - Subsection 29.6.4
29.3 PERMITTED USES BY SITE PLAN APPROVAL
29.3.1 The following main uses shall be permitted in the Rural Industrial (RM) Zone by Site
Plan Approval subject to the requirements of this Bylaw:
None
29.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
29.4.1 The following uses shall be considered in the Rural Industrial (RM) Zone by
Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
(a) Energy Generation Systems - Policy 5-78
(b) Shooting Ranges - Outdoor - Policy 5-66
119
Municipality of Colchester - Land Use Bylaw
29.5 RURAL INDUSTRIAL (RM) ZONE DEVELOPMENT STANDARDS
29.5.1 In the Rural Industrial (RM) Zone, no development permit shall be issued except
in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
4,000 m2 (43,056 ft2)
Minimum Lot Frontage
60.0 m (196.9 ft)
Minimum Front Setback
15.0 m (49.2 ft)
Minimum Rear Setback
i.
Main Buildings
ii. Accessory Buildings
15.0 m (49.21 ft)
6.0 m (19.68 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
15.0 m (49.21 ft)
6.0 m (19.68 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
15.0 m (49.21 ft)
15.0 m (49.21 ft)
Maximum Building Height
N/A
29.6 SPECIAL REQUIREMENTS RURAL INDUSTRIAL (RM) ZONE
ABUTTING USES
29.6.1 Where an industrial use, including areas devoted to outdoor storage, is located
within 100 metres (328 feet) of a Rural General Zone:
(a) screening shall be provided in accordance with Section 6.20 between the use
and the property line; and
(b) no sign shall be permitted within a required side or rear setback.
OPEN STORAGE / OUTDOOR DISPLAY
29.6.2 No open storage / outdoor display shall be permitted in any required setback.
29.6.3 The area devoted to open storage / outdoor display shall not exceed 50% of the
lot area.
120
29 Rural Industrial (RM) Zone
ACCESSORY RESIDENTIAL USE
29.6.4 A single dwelling not exceeding a floor area of 120.0 square metres (1,291.6
square feet) nor exceeding a height of on story may be permitted in the Rural
Industrial (RM) Zone provided it coexists with the main industrial use operating on
the property.
STANDARDS FOR AGGREGATE RELATED USES
29.6.5 In addition to all other applicable requirements of this Bylaw, Aggregate Related
Industries may be established on a lot in the Rural Industrial (RM) provided the
following conditions can be met:
(a) aggregate related Industries shall be a minimum of 400.0 metres (1312.3 feet) from
existing dwellings;
(b) all exterior lighting shall be of a full cutoff type and shall not emit light above the
horizontal;
(c) exterior lighting shall not cause glare on adjacent properties; and
(d) any equipment including but not limited to mixers, batchers, silos, and similar
structures shall be contained within a fenced enclosure.
121
Municipality of Colchester - Land Use Bylaw
30 Shoreline (SL) Zone
30.1 PERMITTED USES
30.1.1 The following main uses shall be permitted in the Shoreline (SL) Zone subject to
the requirements of this Bylaw:
(a) Accommodations
(b) Dwellings - 3 or more dwelling
units on a lot - Existing
(c) Dwellings - Up to 2 dwelling
units on a lot
(d) Community Hall
(e) Conservation
(f)
Guest Homes
(g) Marinas & Boat Clubs
(h) Mobile Homes
(i)
Parks & Open Space
(j)
Private Clubs & Organizations
(k) Public Recreation
(l)
Recreational Cabin
(m) Residential Facility - Up to 6
bedrooms
(n) Walkways & Trails
(o) Water Access
(p) Workshops
30.2 PERMITTED USES WITH CONDITIONS
30.2.1 The following main uses shall be permitted in the Shoreline (SL) Zone subject to
the requirements of this Bylaw and any conditions noted:
(a) Accessory Dwelling Units - Section 7.1
30.3 PERMITTED USES BY SITE PLAN APPROVAL
30.3.1 The following main uses shall be permitted in the Shoreline (SL) Zone by Site Plan
Approval subject to the requirements of this Bylaw:
(a) Cluster Development - Up to 16 dwelling units
30.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
30.4.1 The following uses shall be considered in the Shoreline (SL) Zone by Development
Agreement, subject to the applicable policies in the Municipal Planning Strategy:
(a) Cluster Development -More than 16 dwelling units - Policy 5-17
(b) Energy Generation Systems - Policy 5-78
122
30 Shoreline (SL) Zone
30.5 SHORELINE (SL) ZONE DEVELOPMENT STANDARDS
30.5.1 In the Shoreline Zone, no development permit shall be issued except in
conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
5,000 m2 (53,820 ft2)
Minimum Lot Frontage
37.0 m (121.4 ft)
Minimum Front Setback
5.0 m (16.4 ft)
Minimum Rear Setback
7.5 m (24.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
2.0 m (6.56 ft)
2.0 m (6.56 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
5.0 m (16.40 ft)
5.0 m (16.40 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
10.6 m (34.78 ft)
7.6 m (24.93 ft)
123
Municipality of Colchester - Land Use Bylaw
31 Comprehensive Development
District (CDD) Zone
31.1
PERMITTED USES
31.1.1
The following uses shall be permitted in Comprehensive Development District
(CDD) Zone subject to the requirements of this Bylaw:
(a) Dwelling - 1 dwelling unit on a lot
31.2 USES CONSIDERED BY DEVELOPMENT AGREEMENT
31.2.1 The following uses shall be considered in the Comprehensive Development
District (CDD) Zone by Development Agreement, subject to the applicable
policies in the Municipal Planning Strategy:
(a) Comprehensive Developments - Policy 4-110
124
31 Comprehensive Development District (CDD) Zone
31.3 COMPREHENSIVE DEVELOPMENT DISTRICT (CDD) ZONE
DEVELOPMENT STANDARDS
31.3.1 In the Comprehensive Development District (CDD) Zone, no development permit
shall be issued except in conformance an effective development agreement or
with the following requirements:
Standard
All Permitted Uses
Minimum Lot Area
i.
Serviced Lot
ii. Unserviced Lot
600 m2 (6,459 ft2)
2,700 m2 (29,063 ft2)
Minimum Lot Frontage
i.
Serviced Lot
ii. Unserviced Lot
20.0 m (65.7 ft)
37.0 m (121.4 ft)
Minimum Front Setback
10.0 m (32.9 ft)
Minimum Rear Setback
i.
Main Buildings on Corner Lots
ii. Main Buildings on Other Lots
iii. Accessory Buildings
4.0 m (13.2 ft)
8.0 m (26.3 ft)
2.0 m (6.6 ft)
Minimum Side Setback
i.
Main Buildings
ii. Accessory Buildings
2.0 m (6.6 ft)
2.0 m (6.6 ft)
Minimum Flanking Setback
i.
Main Buildings
ii. Accessory Buildings
5.0 m (16.40 ft)
5.0 m (16.40 ft)
Maximum Building Height
i.
Main Buildings
ii. Accessory Buildings
10.6 m (34.7 ft)
7.6 m (24.9 ft))
125
Municipality of Colchester - Land Use Bylaw
32 Mi'kmaw Land (ML) Zone
32.1 PERMITTED MAIN USES
32.1.1 The following main uses shall be permitted in the Mi'kmaw Land (ML) Zone subject
to the requirements of this Bylaw:
(a) All
32.2 PERMITTED USES WITH CONDITIONS
32.2.1 The following main uses shall be permitted in the Mi'kmaw Land (ML) Zone subject
to the requirements of this Bylaw and any conditions noted:
None
32.3 PERMITTED USES BY SITE PLAN APPROVAL
32.3.1 The following main uses shall be permitted in the Mi'kmaw Land (ML) Zone by Site
Plan Approval subject to the requirements of this Bylaw:
None
32.4 USES CONSIDERED BY DEVELOPMENT AGREEMENT
32.4.1 The following uses shall be considered in the Mi'kmaw Land (ML) Zone by
Development Agreement, subject to the applicable policies in the Municipal
Planning Strategy:
None
126
32 Mi'kmaw Land (ML) Zone
32.5 MI'KMAW LAND (ML) ZONE DEVELOPMENT STANDARDS
32.5.1 In the Mi'kmaw Land (ML) Zone, no development permit shall be issued except
in conformance with an effective development agreement or the following
requirements:
Standard
All Permitted Uses
Minimum Lot Area
N/A
Minimum Lot Frontage
N/A
Minimum Front Setback
10.0 m (32.8 ft)
Minimum Rear Setback
10.0 m (32.8 ft)
Minimum Side Setback
10.0 m (32.8 ft)
Minimum Flanking Setback
10.0 m (32.8 ft)
127
Municipality of Colchester - Land Use Bylaw
33 Flood Zones and Overlays
33.1 APPLICABILITY
33.1.1 Lands within the following flood overlays, as depicted on Schedule 'B' are subject
to the provisions of this Part, in addition to the general provisions of this Bylaw
and the specific provisions of the underlying zone(s) applied to the lands:
(a) Flood Way Modification (E-3) Overlay
(b) Flood Way Fringe (E-4) Overlay
33.1.2 Where the provisions of this Part conflict with other portions of this Bylaw, this Part
shall prevail.
33.2 FLOOD PROOFING STANDARDS
33.2.1 Where this Bylaw allows, main buildings associated with permitted land uses in all
flood overlays shall meet the following flood proofing requirements:
(a) The "minimum opening elevation" of any main building shall be flood proofed
to an elevation of 0.09 metres (0.30 feet) above the established 1:100 year
flood elevation indicated on mapping prepared under the Municipal Flood Line
Mapping Program.
(b) Fill shall be placed around the perimeter of the building to a height equal to the
minimum opening elevation for a distance of 3.0 metres (9.84 feet) perpendicular
to the said perimeter. Such fill shall have a slope of 50% to existing grade where
soil is used as backfill material, subject to Section 33.4 below.
(c) Notwithstanding (b) above, a slope to existing grade exceeding 50% may be
used provided that the backfilling has been designed by a professional engineer
and subject to Section 33.4 below.
(d) Notwithstanding (b) above, fill may be placed around the structure at a minimum
3% slope provided the volume of fill in excess of (b) above meets the site
development standards contained Section 33.11.
(e) At the finished foundation stage of construction, the property owner shall provide
the Development Officer with a location certificate prepared by a Surveyor
licensed to practice in Nova Scotia indicating, in addition to the location of the
buildings or structures on the lot, the minimum opening elevation.
33.3 INFILLING
33.3.1 Unless otherwise permitted under this Bylaw, the infilling of any property subject
to the flood overlays shall not be permitted except as necessary for public works
projects and to improve the effectiveness of flood water and/or storm water
drainage control.
128
33 Flood Overlays
33.4 SITE GRADING AND DRAINAGE
33.4.1 Unless otherwise permitted under this Bylaw, alterations to topography shall:
(a) not interfere with the drainage of designated Flow Ways;
(b) not prevent water from occupying an area designated as a 1:20 year and/or a
1:100 year flood plain; and
(c) direct surface water to the lowest elevation on the property.
33.5 DITCHING STANDARDS
33.5.1 Where this Bylaw requires ditching in relation to land forming activities, the
following standards shall apply:
(a) the minimum distance between the lowest elevation and land formed field and the
bottom ditch shall not be less than 0.6 metres (2.0 feet);
(b) the side slopes of ditches shall be constructed at a maximum slope of 50%
for ditches that are less than 1.0 metres (3.3 feet) deep and a maximum 33% for
ditches deeper than 1.0 metres (3.3 feet);
(c) all ditches shall be lined with an approved material to prevent erosion and
slumping; and
(d) all ditches shall have positive drainage beginning at an elevation of 7.9 metres
(25.9 feet) above sea level.
33.5.2 The Development Officer may consult with a qualified expert regarding any
application involving ditching design standards identified in this section.
33.6 FARMLAND IMPROVEMENT
33.6.1 Alterations necessary for farmland improvement will not be subject to the
issuance of a development permit provided the alterations are consistent with
Section 33.5 Ditching Standards, and Appendix 'A' - Dykeland Land Forming
Standards.
33.7 TEMPORARY STRUCTURES
33.7.1 Where this Part allows temporary structures and uses and portable structures,
such shall only be permitted to remain in place between April 1 and October 31.
33.8 EXISTING BUILDINGS / STRUCTURES & REMEDIAL WORK
33.8.1 Notwithstanding anything else in this Bylaw, a development lawfully existing on
July 15, 2002, which does not meet the flood proofing requirements contained
herein may be enlarged, modified, or altered provided the improvement involves
an acceptable alternative flood proofing measure.
33.9 APPLICATION FOR DEVELOPMENT PERMIT
33.9.1 Where an application for a development permit for a "cut and fill" involves
more than one property in a hydrologic region, the applicant shall provide the
Development Officer with written notice from each affected property owner that
such an application is being made on their behalf.
129
Municipality of Colchester - Land Use Bylaw
33.10 PERMITTED USES AND STRUCTURES
33.10.1 The uses and structures permitted in the flood zones and in the flood overlays
(subject to the uses permitted in the underlying zoning), shall be as outlined in
Table 33-1.
Table 33-1 Permitted Uses and Structures in Flood Zones and Overlays.
Permitted Uses
Permitted Structures
Flow Way
Zone (E-1)
- Accessory Outdoor Storage
- Agriculture & Gardening
- Golf Courses
- Parking Lots
- Picnic & Camping Facilities
- Public Works Projects
- Sports Fields, Trails, Outdoor
Rinks
- Walkways & Trails
- Structures incidental to public
works projects
- Temporary and portable
structures accessory to
permitted uses and subject to
Section 33.7
Flood Way
Zone (E-2)
- Accessory Outdoor Storage
- Agriculture & Gardening
- Golf Courses
- Parking Lots
- Picnic & Camping Facilities
- Public Works Projects
- Sports Fields, Trails, Outdoor
Rinks
- Walkways & Trails
- Structures incidental to public
works projects
- Temporary and portable
structures accessory to permitted
uses and subject to Section 33.7
- One building per 930 m2 (10,010
ft2) of lot area which does not
exceed 10.0 m2 (107.6 ft2) in floor
area and is used in conjunction
with any permitted use provided
the applicant agrees to accept all
risks and not hold the Municipality
responsible for any damages
incurred in the event of a flood.
Flood Way
Modification
Overlay (E-3)
- Uses permitted by the
underlying zoning except
hospitals, nursing homes,
residential facilities, industrial
uses, and scrap yards
- Structures permitted by the
underlying zoning
Flood Way
Fringe
Overlay (E-4)
- Uses permitted by the
underlying zoning except
hospitals, nursing homes,
residential facilities, industrial
uses, and scrap yards
- Structures permitted by the
underlying zoning
130
33 Flood Overlays
33.11 CUT AND FILL PROCEDURE
33.11.1 Where a property is permitted to be developed using a "cut and fill" procedure,
the following requirements shall be met:
(a) fill placement shall be in accordance with all applicable requirements under this
Bylaw; and
(b) for the purposes of this Section, created storage space shall mean the volume
of cuts made between 8.5 metres (27.9 feet) above sea level and the appropriate
1:20 year flood elevation indicated on the Municipal Flood Line Mapping Program
or such higher elevation above 8.5 meters to facilitate positive drainage of any
area being cut.
APPLICATION FOR DEVELOPMENT PERMIT
33.11.2 An application for a development permit pursuant to Subsection 33.11.1 above,
shall be accompanied by a plan showing:
(a) all information required under Sections 4.5 and 4.6 of this Bylaw, certified by a
professional surveyor or survey engineer;
(b) existing and proposed contours of the site at an interval of not less than 0.25 m
(0.8 ft) indicating the areas on the lot(s) to be cut and filled and drainage patterns;
and
(c) detailed calculations indicating the volumes of "cut and fill" for each affected
property.
33.11.3 Written permission from all affected landowners must accompany the application.
PERMITS
33.11.4 Upon receipt of the information outlined in Section 33.11.2 the Development
Officer may issue a development permit to construct.
33.11.5 Notwithstanding Section 3.3 of this Bylaw, a development permit to construct
shall become null and void if the development has not been completed within
twelve (12) months from the date of issuance unless an application to renew a
permit has been approved by the Development Officer.
33.11.6 In the event the permit has expired and a renewal has not been issued by the
Development Officer, the Municipality may take action to remediate the site
or taken action as outlined in the Nova Scotia Municipal Government Act as
amended from time to time.
33.11.7 Within 30 days of the completion of a development, the property owner shall
obtain from the Development Officer a Certificate of Compliance.
131
Municipality of Colchester - Land Use Bylaw
33.11.8 A Certificate of Compliance shall only be issued when the following conditions
have been met:
(a) the new 1:20 year flood line shall be tied to two consecutive Nova Scotia Survey
Control Monuments;
(b) provide a new contour of the 1:20 year flood line;
(c) submission of a digital file, in a format acceptable to the Municipality, prepared by
a professional surveyor or survey engineer for (a) and (b) above;
(d) submit an "as constructed" plan prepared by a professional surveyor or survey
engineer indicating the site civil work required under Subsection 33.11.2 above
has been completed.
REINSTATEMENT
33.11.9 The property owner shall, within 30 days, reinstate exposed soils on the property
with appropriate landscaping materials to minimize erosion and sedimentation.
SOIL CONSERVATION
33.11.10
Appendix 'B', Soil Conservation Areas, identifies areas containing quality
soils for agricultural purposes. Regardless of permitted land uses and in addition
to other provisions of this Bylaw alterations to topography shall be subject to the
following requirements:
(a) the finished elevation of any cuts or the removal of fill shall not be less than 8.5
metres above sea level except for ditches;
(b) topsoil shall be removed, stockpiled and reapplied to the area affected by the
alteration;
(c) the area of land shall be reformed in compliance with industry practices for
Dykeland Ditching Standards and the Dykeland Land Forming Standards outlined
in Appendix 'A'; and
(d) any activity carried out under this Section shall only be permitted to occur
between May 1 and September 31.
33.11.11 Parking lots and public works projects shall be permitted uses in areas identified
for soil conservation and not subject to requirements outlined in Section 33.11.10.
33.12 SPECIAL PROVISIONS FLOW WAY (E-1) ZONE
ALTERATIONS TO TOPOGRAPHY
33.12.1 Alterations to topography including any change to an established watercourse
shall not be permitted in the Flow Way (E-1) Zone unless the alteration is designed
to improve the flood way flows and drainage.
33.12.2 No unnecessary fill other than for soil conservation purposes shall be deposited
in the Flow Way (E-1) Zone.
33.12.3 The removal of fill is permitted in the Flow Way (E-1) Zone provided the
requirements of Section 33.11 are met.
VEGETATION MANAGEMENT
132
33 Flood Overlays
33.12.4 No trees, bushes or vegetative material or objects that would restrict or impede
the flow of water and/or ice shall be permitted to be planted or placed in the
Flow Way (E-1) Zone.
33.13 SPECIAL PROVISIONS FLOOD WAY (E-2) ZONE
ALTERATION OF TOPOGRAPHY
33.13.1 Minor alterations to topography shall be permitted subject to the issuance of
a development permit to allow for necessary grading of roads, driveways and
parking areas, sports fields, golf courses, and other recreational uses provided
the following conditions can be met:
(a) gravel and other materials may be deposited in the Flood Way (E-2) Zone to allow
for the reasonable construction of driveways;
(b) the property owner shall submit an "as constructed" plan prepared by a
Professional Surveyor or Professional Survey Engineer indicating contours of the
affected area at an interval not less than 0.25 m (0.8 ft.); and
(c) no alteration carried out under this Section above shall impede drainage or flow
of flood water or reduce the capacity of flood water storage.
33.14 SPECIAL PROVISIONS FLOOD WAY MODIFICATION (E-3)
OVERLAY
PROPERTY DEVELOPMENT
33.14.1 A property located in the Flood Way Modification (E-3) Overlay may be
developed provided it meets flood proofing requirements as set out in Section
33.2 of this Bylaw.
33.15 SPECIAL PROVISIONS FLOOD WAY FRINGE (E-4) OVERLAY
33.15.1 Pursuant to Municipal Planning Strategy Policy 4-115, a property located in the
Flood Way Fringe (E-4) Overlay may be infilled to any elevation provided the "cut
and fill process requirements outlined in Section 33.11 have been followed.
33.16 SOIL STABILIZATION
33.16.1 Where this Bylaw allows for the alteration of topography, the property owner
shall immediately stabilize any exposed soils in accordance with methods and
procedures described in the Nova Scotia Department of Environment Erosion and
Sedimentation Control Handbook for Construction Sites as amended from time
to time.
133
Municipality of Colchester - Land Use Bylaw
34 Site Plan Approval
34.1 INTRODUCTION TO APPROVAL CRITERIA
34.1.1 This Part contains criteria to be considered in addition to all other requirements of
this Bylaw when approving development through the site plan approval process.
34.1.2 Site Plans Approvals under this document are intended to be applied in a
flexible manner through a negotiated process between the applicant and the
Development Officer.
34.1.3 Development shall reasonably meet all site planning criteria of the following
sections, as they apply to certain types of development.
34.1.4 The Development Officer may waive the requirement for compliance with certain
criteria if they are deemed irrelevant for the quality of the resulting development
in the particular context of the application for Site Plan Approval.
34.2 BOARDING HOUSE AND DWELLING SITE PLAN APPROVAL
34.2.1 Where a zone permits boarding houses and dwellings by site plan approval, the
Development Officer shall approve a site plan where the requirements of this
Land Use Bylaw and the matters of Section 34.2 have been addressed.
PLANTING, LANDSCAPING AND ADVERSE EFFECT MITIGATION
34.2.2 Parking areas, mechanical equipment, outdoor storage areas and waste
management facilities shall not be located in required setbacks.
34.2.3 Landscaping, fencing or similar visual barriers shall be provided around parking
areas, mechanical equipment, outdoor storage areas and waste management
facilities to minimize visual impacts and privacy intrusion on adjacent residential
properties to a reasonable extent.
34.2.4 A minimum of 25% of the total property area shall be retained as open and
amenity space and appropriately landscaped with grass and other planting
materials.
34.2.5 Where possible, vegetation on-site shall be retained and incorporated into the
site landscaping, particularly for the protection of environmentally sensitive or
significant areas.
34.2.6 Mature trees on the lot shall be preserved whenever possible.
34.2.7 Stormwater run-off from parking areas and other impervious surfaces shall be
addressed.
134
34 Site Plan Approval
MOVEMENT THROUGH SITE
34.2.8 Where a sidewalk, trail or similar walking paths are available abutting the subject
property, the primary entrance(s) of all dwelling units shall be connected to such
walking paths by means of a barrier-free (accessible) pedestrian walkway at least
1.5 metres (4.9 feet) in width and paved with asphalt, concrete, or interlocking
pavers.
34.2.9 Other pedestrian walkways shall be clearly delineated on the property and allow
for efficient movement throughout the site.
34.2.10 Vehicle access and egress to and from the property shall be clearly demarcated
and designed with pedestrian safety in mind. The driveway(s) shall not measure
more than 3.0 metres (9.8 feet) in width for single-lane and 6.0 metres (19.7 feet) in
width for double-lane driveways. Where more than one driveway on a public road
is sought, the driveway accesses shall be approved by the government having
authority over that road.
34.2.11 Vehicle circulation on-site shall be designed to support efficient movement,
enable emergency service access and avoid obvious points of conflict.
34.3 MEDIUM SIZED COMMERCIAL STRUCTURES SITE PLAN
APPROVAL
34.3.1 Where a zone permits medium sized commercial structures by site plan approval,
the Development Officer shall approve a site plan where the requirements of this
Land Use Bylaw and the matters of Section 34.3 have been addressed.
LOCATION AND DESIGN OF NEW STRUCTURES
34.3.2 All buildings shall be located as far away from existing single and double dwelling
units as reasonably possible.
34.3.3 No structure on the site shall exceed 8.0 metres (26.2 feet) or two stories above
the established grade, whichever is less. Notwithstanding, any lot zoned C-1
and with frontage access to Robie Street, Lower Truro and all lots zoned C-2 are
exempt from this requirement.
34.3.4 All buildings shall have a gable, gambrel, or hipped roof style. Notwithstanding,
any lot zoned C-1, with frontage and access to Robie Street, Lower Truro and all
lots zoned C-2 are exempt from this requirement.
135
Municipality of Colchester - Land Use Bylaw
PLANTING, LANDSCAPING AND ADVERSE EFFECT MITIGATION
34.3.5 Landscaping, fencing or similar visual barriers shall be provided around parking
areas, mechanical equipment, outdoor storage areas and waste management
facilities to minimize visual impacts and privacy intrusion on adjacent residential
properties to a reasonable extent.
34.3.6 Where possible, vegetation on-site shall be retained and incorporated into the
site landscaping, particularly for the protection of environmentally sensitive or
significant areas.
34.3.7 Mature trees on the lot shall be preserved whenever possible.
34.3.8 Parking areas, mechanical equipment, outdoor storage areas, and waste
management facilities shall not be located in required setbacks.
34.3.9 Suitable site grading and storm water management practices shall be required to
adequately dispose of surface water from the site.
34.3.10 A minimum of 30% of the total property area shall be retained as open and
amenity space and appropriately landscaped with grass and other planting
materials.
34.3.11 Exterior lighting and signage shall be located in a manner that does not interfere
with neighbouring dissimilar land uses.
34.3.12 All components of the development shall be adequately maintained.
EXEMPTION
34.3.13 Site Plan Approval shall not be required for cumulative expansions that are less
than 30.0 square metres (322.9 square feet) in area.
34.4 AUTOMOBILE SHOP AND DRIVE-THRU SITE PLAN APPROVAL
34.4.1 Where a zone permits automobile service stations, automobile washing,
automobile repair, automobile sales or drive-through restaurants by site
plan approval, the Development Officer shall approve a site plan where the
requirements of this Land Use Bylaw and the matters Section 34.4 have been
addressed.
136
34 Site Plan Approval
PLANTING, LANDSCAPING AND ADVERSE EFFECT MITIGATION
34.4.2 Landscaping, fencing or similar visual barriers shall be provided around
vehicle queuing areas, sales windows, parking, open storage areas, and waste
management facilities to minimize visual impacts on/for neighbouring properties.
34.4.3 Where possible, vegetation on-site shall be retained and incorporated into the
site landscaping, particularly for the protection of environmentally sensitive or
significant areas.
34.4.4 Stormwater run-off from parking areas and other impervious surfaces shall be
addressed.
34.4.5 Where on-site septic systems are employed, potential run-off on neighbouring
properties shall be addressed.
34.4.6 Outdoor storage shall not be permitted in the front and flankage yards.
MOVEMENT THROUGH THE SITE
34.4.7 Where a sidewalk, trail or similar walking paths are abutting the subject site, the
primary entrance to the business shall be connected to such walking paths by
means of a barrier-free (accessible) pedestrian walkway at least 1.5 metres (4.9
feet) in width and paved with asphalt, concrete, bricks, or interlocking pavers.
34.4.8 Other pedestrian walkways shall be clearly delineated on the property and allow
for efficient movement throughout the site.
34.4.9 Vehicle access and egress to and from the property is clearly demarcated and
designed with pedestrian safety in mind. The driveway(s) do not measure more
than 3.0 metres (9.8 feet) in width for single-lane and 6.0 metres (19.7 feet) in width
for double-lane driveways. Where more than one driveway on a public road is
sought, the driveway accesses shall be approved by the government having
authority over that road.
34.4.10 Vehicle circulation on-site shall be designed to support efficient movement,
enable emergency service access and avoid obvious points of conflict.
34.4.11 Required parking areas shall be located at the side or rear of any new building.
LOCATION OF NEW STRUCTURES
34.4.12 The main buildings shall have a primary facade and a public entrance facing the
street.
34.4.13 New structures shall be located in a manner to be optimally separated from
developments on adjacent lots to minimize negative impacts including lighting,
fumes, or other nuisances deemed relevant by the Development Officer.
137
Municipality of Colchester - Land Use Bylaw
DRIVE-THRU SPECIFIC REQUIREMENTS
34.4.14 When a drive-through service or drive-through restaurant abuts a property with
existing dwellings, any intercoms, speakers, and service windows shall be located
in a manner so as to best direct noise away from neighbouring dwellings.
34.4.15 Stacking lanes of drive-throughs shall not be located between the front lot line
and the main building.
34.4.16 Entrances to drive-through stacking lanes shall be configured as to minimize
conflict with vehicle access points from the street or on-site automobile parking.
34.4.17 Stacking lanes shall provide an adequate number of queuing spaces, determined
by a qualified professional, to accommodate peak demand for the proposed use.
34.5 CAMPGROUND SITE PLAN APPROVAL
34.5.1 Where a zone permits campgrounds by site plan approval, the Development
Officer shall approve a site plan where the requirements of this Land Use Bylaw
and the matters of Section 34.5 have been addressed.
CAMPGROUND LAYOUT
34.5.2 Campgrounds shall be designed to avoid undue hazards for traffic circulation and
to avoid creating pedestrian hazards.
34.5.3 All building and non-building uses associated with a campground including, but
not limited to, campsites, playgrounds, parks, parking, solid waste, RV pumping
stations, roadways, public gathering areas, washrooms, and outdoor storage, shall
be set back a minimum of 15.0 metres (49.21 feet) from all lot lines.
34.5.4 The development shall have adequate emergency service access.
34.5.5 Garbage, recycling, and refuse collection shall be fully enclosed and concealed,
and they shall be available to all users of the campground. Any containers
used for garbage, recycling, and refuse collection shall be locking or include
mechanisms that prevent access by wildlife.
LANDSCAPING AND GRADING
34.5.6 Where possible, vegetation on site shall be retained and incorporated into the
site landscaping, particularly for the protection of environmentally sensitive or
significant areas and to create buffers along the campground perimeter.
34.5.7 All areas disturbed by development shall be landscaped.
34.5.8 Measures including lot grading and stormwater management practices shall
be integrated in the site concept to adequately dispose, retain, and manage
stormwater and surface water.
CAMPSITES SPACES
34.5.9 Each campsite shall be clearly delineated on the site plan.
34.5.10 Any fire places or wood burning devices shall be located a minimum of 30.0
metres (98.42 feet) from all lot lines.
138
34 Site Plan Approval
MOVEMENT THROUGH THE SITE
34.5.11 Pedestrian walkways and trails within the camping site shall be clearly delineated
on the plan.
34.5.12 Where a sidewalk, trail or similar active transportation infrastructure are available
abutting the subject site, the on-site paths and trails shall connect to the external
walkways wherever possible.
34.5.13 Vehicle access and egress to and from the campground shall be clearly
demarcated and designed with pedestrian safety in mind. Where more than one
driveway on a public road is sought, the driveway accesses shall be approved by
the government having authority over that road.
34.5.14 Vehicle circulation on-site shall be designed to support efficient movement,
enable emergency service access, and avoid obvious points of conflict.
34.6 REUSE OF COMMUNITY FACILITIES SITE PLAN APPROVAL
34.6.1 Where the reuse of a community facility for dwelling uses is enabled by site
plan approval, the Development Officer shall approve a site plan where the
requirements of this Land Use Bylaw and the matters of Section 34.6 have been
addressed.
RETENTION OF THE COMMUNITY FACILITY BUILDING
34.6.2 At least 80% of the existing former community building shall be retained,
measured as a proportion of exterior wall area.
34.6.3 The total floor area of the proposed development shall not exceed 120% of the
floor area of the building as it existed during its last operational use.
34.6.4 The height of the building shall not be increased more than 3.0 metres and shall
comply with zone standards for building height.
34.6.5 The proposal shall retain prominent aspects of the former community facility
building.
PLANTING, LANDSCAPING AND ADVERSE EFFECT MITIGATION
34.6.6 Parking areas, mechanical equipment, outdoor storage areas and waste
management facilities shall not be located in required setbacks.
34.6.7 Landscaping, fencing or similar visual barriers shall be provided around parking
areas, mechanical equipment, outdoor storage areas and waste management
facilities to minimize visual impacts and privacy intrusion on adjacent residential
properties to a reasonable extent.
34.6.8 Where possible, vegetation on-site shall be retained and incorporated into the
site landscaping, particularly for the protection of environmentally sensitive or
significant areas.
34.6.9 Mature trees on the lot shall be preserved whenever possible.
34.6.10 Stormwater run-off from parking areas and other impervious surfaces shall be
addressed.
139
Municipality of Colchester - Land Use Bylaw
MOVEMENT THROUGH SITE
34.6.11 Where a sidewalk, trail, or similar walking paths are available abutting the subject
property, the primary entrance(s) of all dwelling units shall be connected to such
walking paths by means of a barrier-free (accessible) pedestrian walkway at least
1.5 metres (4.9 feet) in width and paved with asphalt, concrete, or interlocking
pavers.
34.6.12 Other pedestrian walkways shall be clearly delineated on the property and allow
for efficient movement throughout the site.
34.6.13 Vehicle access and egress to and from the property shall be clearly demarcated
and designed with pedestrian safety in mind. The driveway(s) shall not measure
more than 3.0 metres (9.8 feet) in width for single-lane and 6.0 metres (19.7 feet) in
width for double-lane driveways. Where more than one driveway on a public road
is sought, the driveway accesses shall be approved by the government having
authority over that road.
34.6.14 Vehicle circulation on-site shall be designed to support efficient movement,
enable emergency service access and avoid obvious points of conflict.
34.7 CLUSTER DEVELOPMENT SITE PLAN APPROVAL
34.7.1 Where a zone permits cluster development by site plan approval, the
Development Officer shall approve a site plan where the requirements of this
Land Use Bylaw and the matters of Section 34.7 have been addressed.
DEVELOPMENT DENSITY
34.7.2 Each dwelling shall contain no more than two dwelling units.
34.7.3 The overall density of the entire development, in terms of dwelling units per
hectare, shall not exceed 1.0 times what could be achieved through as-of-
right development in the applicable land use zone(s). Where the development
encompasses more than one zone, the as-of-right development potential shall
be calculated proportional to the land area of each of the applicable zones.
MOVEMENT THROUGH SITE
34.7.4 Where a sidewalk, trail or similar walking paths are available abutting the subject
properties, the primary entrance(s) of all dwelling units shall be connected to
such walking paths by means of a barrier-free (accessible) pedestrian walkway
at least 1.5 metres (4.9 feet) in width and paved with asphalt, concrete, or
interlocking pavers.
140
34 Site Plan Approval
OPEN SPACE AND LANDSCAPING
34.7.5 The development shall retain at least 40% of the total land area as open space or
agriculture.
34.7.6 Where possible, vegetation on site shall be retained and incorporated into the
site landscaping, particularly for the protection of environmentally sensitive or
significant areas and to create buffers along the campground perimeter.
34.7.7 All areas disturbed by development shall be landscaped.
34.7.8 Measures including lot grading and stormwater management practices shall
be integrated in the site concept to adequately dispose, retain, and manage
stormwater and surface water.
141
Municipality of Colchester - Land Use Bylaw
35 Definitions
1.
A-WEIGHTED DECIBEL OR
DB(A) means a measurement of
Environmental Noise, whereby
A-frequency weighting is used
to compensate for the varying
sensitivity of the human ear to
sounds at different frequencies.
2.
ABATTOIR means the use of
a building, structure, or part
thereof, for slaughtering and
processing animals.
3.
ACCESSORY BUILDING means a
subordinate building on the same
lot as the main building devoted
exclusively to an accessory use
but does not include a building
attached by means of any
common wall to the main building.
Figure 14 Accessory Building
4.
ACCESSORY STRUCTURE
means a structure other than
a building which is located on
the same lot as the principal
use or main building, and of a
nature customarily and clearly
secondary and incidental to the
main building or principal use.
For the purposes of this Bylaw,
accessory structures shall include
signs, swimming pools, fences
over 2.0 metres in height, non-
broadcasting antenna, and similar
structures.
5.
ACCESSORY USE means a
subordinate and naturally,
customarily, and normally
incidental and exclusively
devoted to the main use of the
land or building and located on
the same lot.
6.
ACCOMMODATIONS means
the provision of a building,
buildings, or part thereof to the
travelling public, for payment or
compensation, for a period of
28 days or less, and may include,
but is not limited to, tourist
facilities such as hotels, motels,
and hostels; entire home rental;
individual room rental; cottage
rentals; cabin rentals; geodesic
dome rentals; or yurt rentals.
7.
AGGREGATE RELATED
INDUSTRIES means buildings,
structures, land, or part thereof,
used for aggregate processing,
storage, and related uses
including, but not limited to,
asphalt processing, concrete
batching and component
manufacturing, sand pit
operations, and mineral bulk
storage. This definition also
includes worker housing
accessory to an aggregate
related use.
street
Accessory
Building
Main
Building
142
35 Definitions
8.
AGRICULTURAL USE means the
use of land and buildings for
activities directly supporting
farming, dairying, pasturage,
agriculture, apiculture, floriculture,
horticulture, horse stables, and
animal and poultry husbandry and
the necessary accessory uses
for packing, storing, or treating
the produce. This definition
also includes worker housing
accessory to the agricultural use.
9.
AGRICULTURE RELATED
INDUSTRIES means the use of
land, buildings, or structures
for commercial/industrial uses
directly related to agriculture and
necessarily in close proximity to
farm operations, such as feed
mills, farm equipment repair,
farm wineries, farm breweries,
cheesemakers, and similar uses,
but excludes the processing of
animals, which is covered by the
definition of abattoir.
10.
AGRITOURISM means the use
of land, buildings, structures, or
part thereof to provide tourist-
oriented activities or services
located on a farm operation that
promotes the products grown,
raised, and/or processed on
that farm operation. These may
include, but are not limited to,
winery retail sales, farm brewery
retail sales, tasting rooms,
"field to table" restaurants,
u-picks, hayrides, and farm-stay
accommodations.
11.
AMBIENT DEGRADATION NOISE
STANDARD means the average
noise level over a specified
period of time, usually composed
of sound from many sources, near
and far.
12.
ANIMAL CARE means the use of
land, buildings, or structures for
the care of animals and includes
veterinary care and grooming but
does not include the breeding of
animals or boarding.
13.
ANIMAL SHELTER means a
lot and/or building or part
thereof used for the care of
lost, abandoned, or neglected
animals, run by a registered, non-
profit, animal welfare charity.
14.
ALTER means any change in
the structural component of
a building or structure or any
increase in volume of any building
or structure.
15.
AUTOMOBILE SALE, REPAIR,
& SERVICE STATIONS the
commercial use of land, buildings,
or part thereof for the sale,
repair, washing, or fueling of
automobiles and may include
the sale of lubricating oils and
automobile accessories.
16.
BANKS & FINANCIAL means the
use of a building for the provision
of banking and financial services,
and may include, but is not limited
to, banks, mortgage brokers, and
financial advisors.
17.
BOARDING HOUSE means a
building in which the proprietor
rents out two or more separate
boarding house sleeping units
but does not include rooms
advertised to the travelling public
but may include staff housing.
18.
BOARDING HOUSE SLEEPING
UNIT means a habitable room or
rooms that are part of a boarding
house and contain sleeping
quarters for the use of tenants
which are rented individually,
but do not contain a private
washroom and kitchen within the
unit.
19.
BUFFER means a spatial
separation between two uses or
other identified physical features.
143 Municipality of Colchester - Land Use Bylaw
20.
BUILDING means a structure,
whether permanent or temporary,
which is roofed and used for
the shelter or accommodation
of persons, animals, materials,
or equipment and includes
all additions, porches, decks
attached thereto.
21.
BUILDING CONTRACTOR means
the use of buildings or land for
the storage of materials and small
tools in support of a building and
construction-related trade such
as, but not limited to, carpenters,
electricians, masons, and
plumbers, but does not include
the storage of heavy equipment.
22.
BUSINESS & PROFESSIONAL
OFFICE means the use of
a building or portion of a
building where business
may be transacted, a service
performed, or consultation
given, and includes but is not
limited to offices for lawyers,
architects, engineers, planners,
accountants, real estate agents,
and photographers but shall
not include any place where
manufacturing of any product or
selling of goods is carried on.
23.
BUSINESS SERVICES means
the use of a building or part
thereof for commercial services
in support of business activities
such as, but not limited to, copy
and print shops, courier and
delivery services, and business
equipment leasing.
24.
CAMPGROUND means a plot
of ground upon which four or
more campsites are located,
established, or maintained for
occupancy by camping units
as temporary living quarters for
recreation, education, or vacation
purposes.
25.
CAMPING UNIT means any tent,
trailer, cabin, lean-to, recreational
vehicle or similar structure
established or maintained
and operated as temporary
living quarters for recreation,
education, or vacation purposes.
26.
CIVIC & CULTURAL USES means
the use of land, buildings, or
part thereof, for the promotion
of art, culture, and learning and
without limiting the generality of
the foregoing includes public
art galleries, libraries, museums,
performance arts theatres, visual
arts centres, and other similar
uses.
27.
CEMETERY means the use of
land for the burial of the dead
and related purposes, such as
a columbaria and mausoleums,
but excludes a crematorium use,
which is included in the definition
of funeral home.
144
35 Definitions
28.
CLUSTER DEVELOPMENT means a
form of development in which the
developed area is concentrated
at higher density to preserve
open space, farmland, recreation
features, or environmental
features while maintaining a gross
density that is similar to what it
would be if the development
was carried out through a
more traditional approach to
subdivision.
Figure 15 Cluster Development
29.
COLLECTOR STREET means a
street listed in Schedule 'F' of this
Bylaw.
30.
COMMERCIAL RECREATION
means the use of land, buildings,
or part thereof for commercial
recreation or entertainment
purposes.
a.
INDOOR COMMERCIAL
RECREATION means the
use of a building or part
of a building for indoor
commercial recreation or
entertainment purposes and
without limiting the generality
of the foregoing, may include
such establishments as
dance halls, billiard or pool
halls, movie theatres, bowling
alleys, miniature golf courses,
bingo halls, roller skating rinks
and discos, indoor paintball,
and arcades for pinball and
other game machines and
amusements.
b. OUTDOOR COMMERCIAL
RECREATION means the
use of land for outdoor
commercial recreation or
entertainment purposes and
includes but is not limited to
ski hills, golf courses, private
tennis clubs, gondolas,
equestrian centres, and
archery ranges, but shall not
include shooting ranges and
racetracks.
31.
COMMERCIAL STRUCTURE,
LARGE SIZED means a
commercial structure, including
shopping centres with a net floor
area of 4,645 square metres
(50,000 square feet) or more.
32.
COMMERCIAL STRUCTURE,
MEDIUM SIZED means a
commercial structure exceeding
930 square metres (10,000 square
feet) but less than 4,645 square
metres (50,000 square feet),
33.
COMMERCIAL VEHICLE means
which is or may be registered
as a commercial vehicle by the
Registrar of Motor Vehicles of the
Province of Nova Scotia.
st re et
street
145 Municipality of Colchester - Land Use Bylaw
34.
COMMUNITY HALL means any
building or buildings, or any
part of any buildings used for
community activities whether
used for commercial purposes or
not, the control of which is vested
in the Municipality, a local board
or agent thereof, or a non-profit
organization.
35.
CONSERVATION means the use
of land for open space and any
structure or building necessary
for conservation purposes or
scientific research related to the
lands in question or to adjacent
water bodies.
36.
CONVENIENCE STORE means
a store intended to provide the
neighbouring residential area
with items of merchandise which
constitute general dry goods
and grocery food items including
accessory uses such as ATMs,
video rentals, postal services,
lunch counter and not more
than three (3) coin operated
amusement machines. Such
business shall be conducted
within a wholly enclosed building
which floor space does not
exceed 111 square metres (1194.8
square feet) in area exclusive of
utility and washrooms.
37.
CORNER LOT SIGHT TRIANGLE
means that part of a corner lot
adjacent to the intersection of the
exterior lot lines measured from
such intersection a distance of
2.0 metres (6.6 feet) along each
such street line and joining such
points with a straight line. The
triangular shaped land between
the intersecting lines and the
straight line joining the points the
required distance along the street
lines shall be known as the 'corner
lot sight triangle'.
38.
COUNCIL means the elected
Council of the Municipality of the
County of Colchester.
39.
CRAFT FOOD AND BEVERAGE
PRODUCTION means the use
of a building or part thereof to
produce:
a.
specialized food products
intended for retail sale;
b. not more than 150,000
hectolitres of beer, wine,
mead, premixed cocktails,
kombucha, or non-alcoholic
beverages in a year; or
c.
not more than 75,000 litres
of distilled spirits in a year;
and may include public
tasting and retail sales of
the product but does not
include a restaurant or
drinking establishment unless
those uses are permitted as
a main use in the applicable
use zone.
40.
CUT AND FILL means
topographical alterations made
to a property(s) located in a
designated flood plain flooding
at a frequency of 1:20 years where
soil is moved from one location
(cut) and placed in another (fill)
with no net loss to the overall
flood water storage capacity
within that particular hydrologic
zone.
41.
DAY CARE CENTRE means the
use of a building or part thereof
for the daily, non-medical care of
humans for financial remuneration
but does not include overnight
accommodations or uses
captured by the definition of
education use.
42.
DECIBEL OR DB means a
measurement of sound, namely
the scale in which sound pressure
level is expressed. When
measuring environmental noise, a
weighting network is used which
filters the frequency of sound,
and is expressed as "dB(A)".
146
35 Definitions
43.
DECOMMISSION BOND means a
bond identifying the Municipality
as the beneficiary issued by
a recognized surety licensed
to carry on business in Nova
Scotia, or comparable other
form of surety acceptable to the
Municipality in its sole discretion.
44.
DECOMMISSION PLAN means
a plan approved for the
decommissioning of a wind
power project.
45.
DECOMMISSIONING means
the final closing down and
dismantling of a wind power
project and associated
infrastructure once a wind power
project has reached the end of
its operation life.
46.
DESIGNATION means an area
shown on the Future Land
Use Map, Schedule 'B' of the
Municipal Planning Strategy.
47.
DESIGNATED FLOOD PLAIN
means the area of land adjacent
to the Salmon River, North River
and their tributaries that is
inundated with flood waters at a
statistical frequency of 1:100 years
and 1:20 years as identified under
the Canada - Nova Scotia Flood
Damage Reduction Program and
associated Flood Risk Mapping.
48.
DEVELOPMENT includes any
erection, construction, alteration,
replacement, or relocation of
or any addition to any structure
and any change or alteration
in the use made of any land or
structure(s) and shall include
any topographical alterations
for the purposes of flood plain
management.
49.
DEVELOPMENT OFFICER means
the person or persons appointed
by Council under the authority of
the Municipal Government Act to
administer the provisions of the
Land Use Bylaw.
50.
DEVELOPMENT PERMIT means
the permit issued by the
Development Officer certifying
that the proposed development
complies with the provisions
of the Land Use Bylaw and any
development agreement or site
plan agreement in effect on the
property.
51.
DISPLAY COURT means the use
of land for the outdoor display
and sale of large household or
recreational items such as, but
not limited to, all-terrain vehicles,
hot tubs, swimming pools, boats,
and recreational vehicles. This
definition shall include the display
and sale of prefabricated homes
but shall not include heavy
equipment sales.
52.
DRINKING ESTABLISHMENT
means the use of land, a building,
or part thereof for the commercial
serving of alcoholic beverages
but does not include such
servicing incidental to a restaurant
use or craft food and beverage
production use.
53.
DRIVEWAY means a vehicular
passageway having at least
one end thereof connected
to a public thoroughfare, and
providing ingress to and/or
egress from a lot.
147
Municipality of Colchester - Land Use Bylaw
54.
DWELLING means a building or
portion thereof, occupied, or
capable of being occupied as
a home or residence by one or
more persons, containing one
or more dwelling units, and such
definition shall include a mini-
home or manufactured home but
shall not include a recreational
cabin or an accommodations use.
a.
ACCESSORY DWELLING
means a subservient dwelling
either located within a single
dwelling or in a building on a
lot with a single dwelling.
b. MINI-HOME OR
MANUFACTURED HOME
means a dwelling that may
contain one or two dwelling
units, and that is designed
for transport after fabrication,
whether or not on its own
wheels or on a flatbed or
other trailer, and that arrives
on the site where it is to be
occupied as a dwelling,
complete and ready for
occupancy, except for minor
or incidental unpacking and
assembly, and that meets
the standards for residential
occupancy as described in
the National Building Code
of Canada.
c.
ROW DWELLING means
a dwelling that is divided
vertically into three or more
dwelling units, each of which
has independent entrances
to a front and rear yard
immediately abutting the
front and rear walls of each
dwelling unit.
d. SEMI-DETACHED DWELLING
means a dwelling that is
divided vertically into two
dwelling units, each with its
own entrance.
55.
DWELLING UNIT means one or
more habitable rooms designed,
occupied, or intended for use
by one or more individuals as
an independent and separate
housekeeping establishment, in
which cooking, sleeping, and
sanitary facilities are provided
for the exclusive use of such
individual(s).
56.
DYKELANDS means agricultural
lands that have naturally flat
topography causing water to
pond on the soil surface and are
protected from tidal flooding by
dykes. The agricultural potential
of these soils is greatly improved
by providing surface drainage
with land forming techniques.
57.
EDUCATION:
a.
ACADEMIC EDUCATION
means an educational
establishment, whether
public or private, intended
for the academic instruction
of students up to the
completion of Grade 12,
and may include elementary
schools, junior high
schools, high schools, and
consolidated schools, but
does not include daycares as
the main use.
b. COMMERCIAL EDUCATION
means a school where
instruction is given to
students for the purposes
of renumeration and shall
include dancing schools,
music schools, driving
schools, trade schools, and
any other school conducted
for renumeration. For the
purposes of this bylaw, a
commercial school does not
include daycare centres or
private academic schools.
148
35 Definitions
c.
POST-SECONDARY
EDUCATION means the use
of a building or part thereof
as a degree- or diploma-
granting public educational
establishment intended for
the academic instruction of
students after the completion
of Grade 12, and for greater
clarity student dormitories
shall be considered to be
uses accessory to a post-
secondary education use.
58.
ENERGY GENERATION SYSTEM
means a structure for converting
kinetic or chemical energy to
electricity but does not include
generators or batteries for on-
site use nor solar panels or wind
turbines.
59.
ENVIRONMENTAL ASSESSMENT
means all documentation required
under the Canadian Environmental
Assessment Act of Canada and
any regulations thereto and
Environment Act of Nova Scotia
and any regulations thereto.
60.
ENVIRONMENTAL NOISE means
a measurement of the noise
level already present within an
environment in the absence of a
wind power project.
61.
EMERGENCY SERVICES means
the use of a building or land for
the protection of public health,
safety, and property and shall
include, but is not limited to, fire
stations, ambulance depots,
police stations, and search-and-
rescue facilities, but does not
include a correctional facility.
62.
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 an addition, deletion,
enlargement, or extension.
63.
ESTABLISHED BUILDING LINE of
any lot means a line parallel to the
street established by the main
front walls of the average setback
of all buildings on the same side
of the street of the block within
which block a building may be
lawfully erected.
Figure 16 Established Building Line
street
Established
Building Line
Normal Setback
Requirements
Existing
Building
New
Building
Existing
Building
Existing
Building
149 Municipality of Colchester - Land Use Bylaw
64.
ESTABLISHED GRADE means,
with reference to a building, the
average elevation of the finished
surface or the ground where
it meets the exterior of such
building; or with reference to a
structure, means the average
elevation of the finished grade
of the ground immediately
surrounding such structures
exclusive in both cases of
any artificial embankment or
entrenchment.
Figure 17 Established Grade
65.
EXISTING means existing on the
specified date or, where no date
is specified, on the effective date
of this Bylaw.
66.
EXTERNAL PROPERTY LINE
means a common boundary
with any parcel of land which is
adjacent to those parcels of land
which form part of a wind power
project.
67.
FARMERS' MARKET means the
use of land, buildings, structures,
or part thereof by five or more
vendors where the greater part of
the goods for sale are products
of the farm, the forest, or the sea,
whether in their natural form or
processed by the vendor, and
the remainder of the goods are
craft products produced by
the vendors or their immediate
families.
68.
FERTILIZER BLENDING PLANT
means an enclosed weatherproof
facility designed for the
mixing, storage, packaging,
and distribution of dry granular
fertilizer. No part of the
blending operation shall involve
any outdoor storage of the
fertilizer product or any of its
components, or the manufacture
of any chemical substance.
69.
FISHING-RELATED USES means
the use of land, buildings, or
part thereof for activities related
to shipbuilding and repair, the
commercial fishery, and the
provisioning of ships and shall
include, but is not limited to,
boatyards, fish processing,
shipbuilding and repair, ship
chandlering, and the storage of
commercial fishing gear.
70.
FLOOD PROOFING means a
measure or combination of
structural and non-structural
measures that incorporated into
the design of a structure which
reduces or eliminates the risk
of flood damage, usually to a
defined elevation. The prescribed
method of flood proofing is
through the permanent placing of
fill, or elevation of the structure,
or having the sills of all windows
and doors through the foundation
walls above the specified level.
Existing
Grade
Established
Grade
Existing
Grade
150
35 Definitions
71.
FLOOD WAY means the inner
portion of a flood risk area where
the risk of flooding is greatest,
on average once in twenty years,
and where flood depths and
velocities are greatest.
Figure 18 Flood Way
72.
FLOOD WAY FRINGE means
the outer portion of a flood risk
area where the risk of flooding is
moderate and floods on average
once in one hundred years.
Figure 19 Flood Way Fringe
73.
FORESTRY-RELATED USES means
the use of land or buildings to
produce lumber or pulp and
uses associated with the forestry
industry, including sawmills, maple
sugaring operations, Christmas
tree u-picks, tree nurseries,
shingle mills, forestry vehicle and
equipment storage, maintenance
buildings and yards, and
wholesale outlets for wood and
wood products. This definition
also includes worker housing
accessory to a forestry use.
74.
FUNERAL HOME means the use
of a building or part thereof
for the preparation, temporary
display, and/or funeral ceremony
of deceased persons or
domestic pets and may include a
crematorium.
75.
FUR FARM means any operation
where one or more individuals,
whether male or female, of any
species of fur bearing animal
intended for pelt production are
confined to an enclosed structure
for feeding, breeding, or holding
for production purposes or for
future sale.
76.
GARDEN & NURSERY SALES the
use of land, buildings, or part
thereof for the growing and sale
of flowers, plants, shrubs, trees, or
similar vegetation together with
gardening tools and implements
that are sold at retail from such
buildings or lot to the general
public.
77.
GOVERNMENT USES means a
municipal, provincial or federal
government office, courthouse,
registry office, health clinic,
welfare center, employment
office, buildings required for
other government service
delivery including municipal
servicing and maintenance
depots, or a building of any
government agency or crown
corporation.
Flood Way
Flood Way 1:20
Floodplain
Flood
Fringe
Watercourse
Channel
Flood Way
Flood Way 1:20
Floodplain
Flood
Fringe
Watercourse
Channel
151
Municipality of Colchester - Land Use Bylaw
78.
GROSS FLOOR AREA means
the sum of the floor areas of a
building above and below grade,
measured between the exterior
faces of the exterior walls of the
building at each floor level, and
for the purpose of this definition,
the walls forming a courtyard
shall be deemed to be exterior
walls. For residential uses, any
private garage, porch verandah,
sunroom, unfinished attic,
basement, or other room which is
not habitable during all seasons
of the year shall be excluded.
Figure 20 Gross Floor Area
79.
GUEST HOME means part of
a dwelling where the resident
owner or resident occupant
provides accommodation, with
or without meals, to the travelling
public for financial remuneration
and does not include facilities
open to the general public such
as meeting rooms, restaurants, or
entertainment facilities.
80.
HABITABLE AREA means an
enclosed area of a building
designed and/or used for
any purpose other than
parking of vehicles (including
boats), building access, parks
and conservation uses, or
commercial/industrial storage.
81.
HEAVY EQUIPMENT SALES AND
SERVICE means the use of a
building or part of a building
or structure in which heavy
equipment and machinery are
serviced or offered or kept for
sale, rent, lease, or hire under
agreement for compensation.
82.
HEIGHT
a.
for a buildings means:
the vertical distance on
a building between the
established grade, and:
i.
the highest point of
the roof surface, or the
parapet, whichever is
greater, of a flat roof; or
ii.
the deckline of a
mansard roof; or
iii. the mean level between
eaves and ridge of a
gabled, hip, gambrel or
other type of pitched
roof.
Figure 21 Building Height and Roof Types
b. for a structure means the
vertical distance between
the established grade and
the highest point on the
structure.
Exterior Walls
Interior Walls
GFA =
Building Footprint
Hip/ Gable/
Gambrel Roof
Flat Roof
Mansard Roof
Parapet
Deckline
Ridge
Eave
Height
Height
Height
152
35 Definitions
83.
HOME OCCUPATION means a
business activity that is accessory
to a dwelling and involves the
provision or sale of goods and/
or services to the public and
where the dwelling is the principal
residence of the business
operator.
84.
INDUSTRIAL USE means a
use involving manufacturing,
processing, fabrication, or
assembly of raw materials or
goods, warehousing, or outdoor
bulk storage, but does not
include scrap yards, which are
separately defined. For greater
clarity, uses accessory to an
industrial use may include, but are
not limited to, commercial uses
(such as retail or wholesale sales)
that are secondary and incidental
to the main industrial activity.
a.
HEAVY INDUSTRIAL USE
means the use of land or
buildings for manufacturing,
assembly, and/or processing
and which use may be
located in whole or in part to
the exterior of the building
and which use, by the nature
of its operation may cause
land use conflicts. This
definition shall include, but
is not limited to, explosives,
petrochemical, coke, or paint
plants; rendering plants;
tanneries; refineries; or
industrial cleaners.
b. LIGHT INDUSTRIAL USE
means an activity carried
out within a wholly enclosed
structure that is engaged
in the manufacturing,
predominantly from
previously prepared
materials, of finished
products or parts, including
processing, fabrication,
assembly, packaging,
incidental storage, sales,
and distribution of such
products excluding basic
industrial processing or any
use that produces obnoxious
emissions. Light industrial
uses shall not include any
that may be considered for
an environmental assessment
under the Nova Scotia
Environmental Assessment
Act Regulations.
85.
INFILLING means material or the
act of depositing material from
an outside area into the 1:20 year
and/or 1:100 year flood plain as
identified under this Bylaw.
86.
INSTITUTIONAL means a use
used by an incorporated body
or government for promoting
a particular purpose or for
providing a service, such as
hospitals, schools, nursing homes,
homes for special care, group
homes, community centres, and
private clubs.
153
Municipality of Colchester - Land Use Bylaw
87.
KENNEL means any land, building,
structure, outdoor enclosure, or
other facility where dogs are kept,
boarded, or bred for commercial
purposes. A kennel may include
daily and overnight boarding,
breeding facilities, kennels and
dog daycares or combination
thereof. For greater certainty, this
definition does not include:
a.
veterinary clinics;
b. grooming businesses that
do not provide any form of
unattended care and do
not have an outdoor dog
enclosure or run;
c.
training facilities where each
attending dog is handled
at all times by either the
owner or trainer and in which
the facility has no boarding
capacity;
d. hobby or occasional
breeding where no more than
four litters for smaller breeds
up to 10.0 kilograms and
two litters for those breeds
over 10.0 kilograms, are bred
per calendar year on the
premises, regardless of the
number of mating pairs that
may reside on the premises;
or
e.
personal ownership
or fostering through a
recognized animal welfare
organization of any number
of dogs for which there is
no financial remuneration
made for any care or services
provided.
88.
LAND FORMING means the
process of mechanically moving
soil to change agricultural field
topography creating improved
surface drainage. It involves the
excavation of a series of parallel
surface drains.
89.
LAND LEASE COMMUNITY
means the use of land in which
individual home sites or pads
are leased for occupancy by
mini homes, manufactured
homes, or mobile homes. This
use may include shared services;
amenities intended for the use
of residents; and buildings and
uses incidental to the operation
of the community such as, but
not limited to, management
offices, maintenance equipment
storage, and a dwelling for the
site manager.
90.
LANDSCAPING means a
combination of trees, shrubs,
flowers, grass, or other
horticultural elements, decorative
stonework, paving stones,
screening or other architectural
elements, all of which are
designed to enhance the visual
amenity of a property or to
provide a screen to mitigate any
objectionable aspects that may
affect adjacent land.
91.
LIVESTOCK means poultry, cattle,
sheep, swine, goats, horses,
ponies, mules, ratites, farmed
deer and game farm animals and
any other livestock designated
by the Minister of Agriculture
under authority of the Fences and
Detention of Stray Livestock Act.
R.S., c. 166, s.1.
154
35 Definitions
92.
LIVESTOCK OPERATION means
the use of land, buildings, or
part thereof as a fur farm or for
the keeping of livestock for the
purposes of raising, feeding, or
production.
a.
INTENSIVE LIVESTOCK
OPERATION means a
livestock operation with
animal housing structure(s)
greater than 50 square
metres in combined gross
floor area.
b. MODERATE LIVESTOCK
OPERATION means a
livestock operation with
animal housing structure(s)
greater than 2.0 square
metres in combined gross
floor area but not more
than 50 square metres in
combined gross floor area.
93.
LOADING SPACE means an off-
street space or berth on the same
lot with a building or contiguous
with a group of buildings, for
the temporary parking of a
commercial vehicle while loading
or unloading merchandise or
materials and which is connected
to a public street by an
appropriate access.
94.
LOT means any parcel of land
described in a deed or as
shown on a registered plan of
subdivision.
Figure 22 Lot Types
a.
CORNER LOT means a lot
situated at the intersection of
and abutting on two or more
streets.
b. FLAG LOT means a lot
characterized by the main
body of the lot generally to
the rear of another lot and
with lot frontage provided
by a narrow prolongation
or "pole" that extends from
the main body of the lot to a
public or private road.
c.
INTERIOR LOT means a lot
situated between two lots
and having access to one
street.
d. THROUGH LOT means a lot
bound on two opposite
sides by streets or highways
provided, however, that if any
lot qualifies as being both
a corner lot and a through
lot as herein defined, such
lot shall be deemed to be a
corner lot for the purposes
of this Bylaw.
street
street
street
Interior
Lot
Corner
Lot
Flag
Lot
Corner
Lot
Through
Lot
Interior
Lot
155 Municipality of Colchester - Land Use Bylaw
95.
LOT AREA means the total
horizontal area within the lot lines
of a lot.
96.
LOT COVERAGE means the
percentage of the lot area
covered by buildings and roofed
structures, and for the purpose of
this definition eaves, cantilevers,
or other such projections of a
roof shall be counted.
97.
LOT DEPTH means the horizontal
distance between the front and
rear lot lines. Where these lot lines
are not parallel, the lot depth shall
be the length of a line joining the
midpoints of the front and rear lot
lines.
Figure 23 Lot Depth
98.
LOT FRONTAGE means the
horizontal distance between
the side lot lines, measured
perpendicularly to a line joining
the midpoints of the front and
rear lot lines (or front and flanking
lot line on through lots with no
rear lot line), and at a point equal
in distance from the front lot line
to the required front setback,
or any distance specified in the
Bylaw.
Figure 24 Lot Frontage
st re et
Distance (m)
Distance (m)
street
Rear Lot Line
Front Lot Line
Front Setback
Building
Side
Lot Line
Side
Lot Line
Lot Frontage
Midpoint
Midpoint
156
35 Definitions
99.
LOT LINE means the boundary of
a lot and for greater certainty:
Figure 25 Lot Line
a.
FLANKING LOT LINE means
the lot line which abuts a
street on a corner lot or
through lot other than the
front lot line.
b. FRONT LOT LINE means the
line dividing the lot from the
street. In the case of a corner
lot, the shorter boundary line
abutting the street shall be
deemed to be the front lot
line and where such lot lines
are of equal length, the front
lot line shall be either of the
two lines. In the case of a
through lot, either of the two
lines may be deemed the
front lot line.
c.
REAR LOT LINE means the
line furthest from or opposite
the front lot line. In the case
of a through lot where the
flanking lot line is the lot line
furthest from and opposite
the front lot line, there shall
be no rear lot line.
d. SIDE LOT LINE means a lot
line other than the front,
flanking, or rear lot line.
100.
MAIN BUILDING means the
building or buildings in which the
principal purpose for the lot is
carried on.
101.
MAIN WALL means the exterior
front, side, or rear wall of a
building, and all structural
members essential to the support
of a fully or partially enclosed
space of roof.
102.
MARINAS & BOAT CLUBS means
a facility where boats may be
docked or moored and where
fuel and other marine supplies
are sold to the boating public,
and may include a club element,
such as assembly space or the
provision of lessons.
103.
MEDICAL CLINIC means the use
of a building or part of a building
for the medical, dental, surgical,
or therapeutic treatment of human
beings, but does not include a
public or private hospital or a
professional office of a doctor
located in their residence.
104.
MOBILE HOME means a portable
dwelling that may contain one
or two residential units built on
a chassis or undercarriage and
designed to be transported from
its place of fabrication or sale to
a lot, whether or not placed on
permanent foundation, and that
does not meet the standards
for residential occupancy as
described in the National Building
Code of Canada, and does not
include a recreational vehicle.
st re et
st re et
Rear
Lot Line
Front
Lot Line
Side
Lot Line
Flanking
Lot Line
Building
157
Municipality of Colchester - Land Use Bylaw
105.
MUNICIPAL GOVERNMENT ACT
("ACT") means the Municipal
Government Act of Nova Scotia
being Chapter 18 of the Revised
Statutes of Nova Scotia, as that
Act may be amended from time
to time.
106.
MUNICIPALITY means, where the
context dictates, either the body
corporate of the Municipality of
the County of Colchester or the
geographic area incorporated as
the Municipality of the County of
Colchester.
107.
NACELLE means the frame and
housing at the top of the tower
that is part of a wind turbine
which encloses components such
as the gearbox and generator,
protecting them from the weather.
108.
NAMEPLATE CAPACITY means
the manufacturer's maximum
rated output of the wind turbine
expressed in kilowatts.
109.
NET FLOOR AREA means the
total floor area within a building
used for commercial, industrial,
or institutional purposes but
excludes washrooms, furnace and
utility rooms, and common walls
between stores.
110.
NURSING HOME means an
extended or immediate care
facility licensed under the
Homes for Special Care Act, or
successor legislation, to provide
full time skilled nursing care to
individuals who, by reason of age,
chronic illness or infirmity, are
unable to care for themselves.
111.
OBNOXIOUS USE means a
use which, from its nature or
operation creates a nuisance or
is offensive by the creation of
noise or vibration, or by reason of
the emission of gas, fumes, dust,
or objectionable odour, or by
reason of the unsightly storage
of goods, wares, merchandise,
salvage, refuse matter, waste, or
other material.
158
35 Definitions
112.
ORDINARY HIGH WATERMARK
means:
a.
For non-tidal waters, the
limit or edge of the bed of a
body of water where the land
has been covered by water
so long as to wrest it from
vegetation or as to mark a
distinct character upon the
vegetation where it extends
into the water or upon the soil
itself; and
Figure 26 Non-tidal Ordinary High Watermark
b. For tidal waters, the mark on
the seashore reached by the
average of the mean high
tides of the sea between
the spring and neap tides
in each quarter of a lunar
revolution during the year
excluding only extraordinary
catastrophes or overflows.
Figure 27 Tidal Ordinary High Watermark
113.
OUTDOOR DISPLAY means a
display of goods on a lot for the
purposes of encouraging the
purchase of the display items, or
items similar to the display items.
114.
OUTDOOR STORAGE means
an accessory commercial use
where items such as merchandise,
goods, inventory materials or
equipment which items are not
intended for immediate sale
and which are stored by being
located on a lot exterior to a
commercial building.
115.
PARKING LOT means an
open area containing parking
spaces, other than a street, for
two or more motor vehicles,
available for public use or as
an accommodation for clients,
customers, or residents with
access for motor vehicles to
and from a street or highway
by means of driveways, aisles,
or manoeuvring areas where
no parking or storage of motor
vehicles is permitted.
116.
PARKS AND OPEN SPACE
means the use of land for parks
and open space purposes
and includes green spaces,
naturalized areas, playgrounds,
community gardens, and similar
uses, together with necessary
accessory buildings and
structures, but does not include
indoor or outdoor commercial
recreation uses or a track for the
racing of animals or any form of
motorized vehicles.
Ordinary High Watermark
Mean High Tide
Ordinary High Watermark
159
Municipality of Colchester - Land Use Bylaw
117.
PERSONAL SERVICE SHOP
means the use of a building or
part thereof in which persons are
employed in furnishing services
and otherwise administering to
the individual and personal needs
of persons, and without limiting
the generality of the foregoing
may include such establishments
as barber shops, beauty
parlours, automatic laundry
shops, hairdressing shops, shoe
repair and shoe shining shops,
tattoo parlours, and depots
for collecting dry cleaning
and laundry, but excludes any
manufacturing or fabrication of
goods for sale
118.
PLACE OF WORSHIP means a
place dedicated to religious
worship and may include, but is
not limited to, halls or auditoriums
for religious gathering, accessory
office space for administrators,
day nurseries operated for
patrons, and classroom space for
religious instruction.
119.
PRIVATE CLUBS &
ORGANIZATIONS means the use
of a building exclusively by the
members and guests of a club
for social, recreational, or athletic
activities.
120.
PRIVATE ROAD means a
private road as defined by
the Subdivision Bylaw for the
Municipality of the County of
Colchester and as shown on an
approved Subdivision Plan prior
to January 1, 1994.
121.
PROFESSIONAL SURVEYOR
means a registered member, in
good standing, of the Association
of Nova Scotia Land Surveyors.
122.
PROFESSIONAL SURVEY
ENGINEER means a registered
member, in good standing, of
the Association of Professional
Engineers of Nova Scotia and the
Association of Nova Scotia Land
Surveyors or is a professional
engineer who prepares
work based on a survey by a
professional surveyor.
123.
PUBLIC RECREATION means the
use of public land for outdoor
tennis courts, lawn bowling
greens, outdoor ice-skating rinks,
athletic fields, outdoor swimming
pools, and similar facilities.
124.
RACETRACK means the use of
land for the purpose of racing
motorcycles, allterrain vehicles,
automobiles, or similar motorized
vehicles, and animals, including,
but not limited to, horses or
dogs, over a constructed track or
course or where the continuous
use of land creates a track or
course.
125.
RECREATIONAL CABIN means
a recreational shelter typically
used for weekend or short term
activities such as hunting, fishing
or snowmobiling, which is not
intended for regular human
occupation or living.
126.
RECREATIONAL VEHICLE ("RV")
means a vehicle intended as
temporary accommodation for
travel, vacation, or recreational use.
Such vehicles may include, but are
not limited to, a motor home, fold-
down camping trailer, truck camper,
holiday trailer, or fifth wheel travel
trailer, but does not include any
vehicle that meets the definition of a
derelict vehicle under the Municipal
Government Act.
160
35 Definitions
127.
RECYCLING DEPOT means
premises on which recoverable
materials, such as paper, glass
and metals are separated prior to
shipment, but does not include
any processing or long-term
storage of the material and does
not include a scrap yard.
128.
REPAIR SHOP means a building
or part thereof used for the sale
or repair of household articles
and shall include radio, television,
and appliance repair shops but
shall not include industrial or
manufacturing or automotive
repair outlets.
129.
RESIDENTIAL FACILITY means
the use of a building or part
thereof as a family home, group
care facility, or similar facility for
the non-medical care of persons
in need of personal services,
supervision, or assistance
essential for sustaining the
activities of daily living or for
the protection of the individual
but does not include a nursing
home or a facility licensed by
Corrections Canada or Nova
Scotia Corrections or successor
bodies.
130.
RESTAURANT means a building
or part thereof where food and/
or drink intended for immediate
consumption is prepared and
served to the public.
a.
DRIVE-THRU RESTAURANT
means a restaurant or part
thereof where the intent is to
provide food and/or drink to
customers while they remain
in their motor vehicles.
b. EAT-IN RESTAURANT means
a restaurant or part thereof
where food and/or drink
may be consumed within the
building or on an attached,
formalized outdoor space.
c.
TAKE-OUT RESTAURANT
means a restaurant or part
thereof that does not provide
facilities for consumption
of food or drink on the
premises, or only provides
informal outdoor eating
facilities, such as picnic
tables.
131.
RETAIL LUMBER AND BUILDING
SUPPLIES means the outdoor
storage and display of lumber and
other building supplies for sale. For
greater clarity, retail sale contained
wholly within a building shall be
considered as a retail store.
132.
RETAIL STORE means a building or
part thereof in which goods, wares,
merchandise, substances, articles,
or things are offered or kept for
sale directly to the public at retail
value.
133.
RIGHT OF WAY means an
easement reserved to access
agricultural, forestry, and resource
land that extends to and abuts a
public road.
161
Municipality of Colchester - Land Use Bylaw
134.
SCRAP OR SALVAGE YARD
means the use of land for keeping
or storing used bodies or parts
of automobiles or any other type
of used equipment, vehicles,
machinery, or materials regardless
of whether such use occupies all
or a part of the lot or lots upon
which it is located, or whether it
is a use operated for commercial
or other purposes, or whether
the use is subject to salvage yard
licensing requirements of the
Province of Nova Scotia.
135.
SCREEN means a physical
obstruction between
incompatible land uses and
for the purposes of this Bylaw,
suitable types of screening shall
include opaque wood fences,
berms, dense evergreen hedges,
or a combination of these.
Figure 28 Hedge Screen Example
136.
SELF-STORAGE means a
compartmentalized warehouse
facility or complex designed for
rental of separate storage areas
usually with individual external
access, for storage of personal
property.
137.
SERVICE INDUSTRIES means a
specialized trade shop such as
garages including engine and
body repair shops, paint shops,
plumbing shops, sheet metal
shops, and similar uses.
138.
SETBACK means the "required
yard" or the distance between
the specified lot line and the
nearest main wall of any building
or structure and extending the full
width or length of the lot.
139.
SHOPPING CENTRE means a
commercial use of land and
structures designed, developed,
and managed as an inter-
related group of commercial
uses totaling 930 square metres
or more of retail floor space
including common areas, related
office and warehouse space, but
excluding parking areas.
140.
SHOOTING RANGE means the
use of land or buildings for
sport shooting including, but
not limited to, sport shooting
that involves the use of rifles,
shotguns, pistols, silhouettes,
skeet, trap, black powder, or
other similar items, and may
include the sale, rental, and
servicing of firearms and related
accessories as an accessory use.
Screening
162
35 Definitions
141.
SIGN means any structure or
device intended to identify
or advertise a business or
commercial activity.
Figure 29 Sign Types
a.
BUSINESS IDENTIFIER /
DIRECTIONAL SIGNS means
a standardized composite
sign erected and maintained
in accordance with this Bylaw
that indicates the direct and
name of a business premise
or development containing
multiple business uses.
b. FACIAL WALL SIGN means a
sign which is parallel to and
is supported by a wall of a
building.
c.
GROUND SIGN means a sign
supported by one or more
upright poles or braces
placed permanently in the
ground.
d. ILLUMINATED SIGN means
a sign that provides artificial
light directly, or through any
transparent or translucent
material, from a source of
light connected with such
sign, or a sign illuminated
by a light focused, upon
or chiefly directed at the
surface of the sign.
e.
PORTABLE SIGN means a
sign designed to be carried,
pulled pushed or hauled
and which is not permanently
fixed in a location.
f.
PROJECTING WALL SIGN
means a sign which projects
from, is perpendicular to, and
is supported by a wall of a
building.
g. ROOF SIGN means a sign
fixed placed upon or
supported by the roof of a
building.
142.
SIGN AREA means the area of
the smallest triangle, rectangle or
circle or semi-circle which can
wholly enclose the surface area
of the sign. All visible faces of a
multi-faced sign shall be counted
separately and then totaled in
calculating sign area. Three
dimensional signs shall be treated
as dual-faced signs, such that the
total area shall be twice the area
of the smallest triangle, rectangle
or circle or semi-circle which can
totally circumscribe the sign in
the plane of its largest dimension.
163
Municipality of Colchester - Land Use Bylaw
143.
SOLAR COLLECTOR SYSTEM
means a structure or array
of structures, and ancillary
equipment, designed to collect
solar radiation and convert it to
useable forms of energy. Without
restricting the generality of this
definition, solar panel system may
include evacuated tubes, flat
plate collectors, concentrating
mirrors, and building-integrated
photovoltaic materials but
does not include windows or
greenhouses.
a.
ACCESSORY SOLAR
COLLECTOR SYSTEM
means a solar panel system
designed and sized with a
primary purpose to offset or
meet the energy needs of
other uses on the site. While
such systems may generate,
on an annual basis, a small
monetary profit through
programs such as net
metering, such profits shall
be secondary and incidental
to the purpose of offsetting
on-site energy needs.
b. COMMERCIAL SOLAR
COLLECTOR SYSTEM
means a solar panel system
designed and sized with a
primary purpose to provide
electricity or other forms of
energy to the grid or other
off-site uses.
144.
SOLAR COLLECTOR PANEL AREA
means, for flat panels, the total
surface area of any portions of
the panel engaged in collecting
solar radiation for conversion into
useful energy. For curved panels,
panel area shall be calculated
based on the projection of the
panel onto a flat plane.
145.
SOLID WASTE DISPOSAL means
facilities for the treatment and
disposal of solid waste, such
as garbage or compost, and
includes incinerators and landfills,
but does not include a salvage
yard.
146.
STREET means a public street
or public highway as defined
in the Subdivision Bylaw for the
Municipality of the County of
Colchester.
147.
STREET LINE means the boundary
line of a street.
148.
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. A structure shall
include buildings, walls, signs,
and also fences exceeding 2.0
metres in height. Any tent, awning,
bin, bunk, or platform used for
any purpose shall be deemed a
temporary building.
149.
SUBDIVISION AREA 1 means
lands identified as "Area 1" on
Schedule "A" of the Subdivision
Bylaw for the Municipality of the
County of Colchester.
150.
SUBDIVISION AREA 2 means
lands identified as "Area 2" on
Schedule "A" of the Subdivision
Bylaw for the Municipality of the
County of Colchester.
151.
TEMPORARY WIND TEST TOWER
FACILITIES means temporary
measurement towers for the
assessment of potential wind
energy resources.
152.
UNGULATES means any hoofed
animals, including the ruminants,
swine, horses, or any other split or
single hoofed animals.
164
35 Definitions
153.
WALKWAYS AND TRAILS: means
the use of land for walkways,
trails, and boardwalks, along
with accessory structures such
interpretive panels or kiosks and
washrooms.
154.
WATER ACCESS means the use
of land or structures to provide
watercraft access to marine
or freshwater bodies and shall
include, but is not limited to,
wharves, docks, slipways, ramps,
quays, and marine railroads.
155.
WATERCOURSE means the
bed and shore of every river,
stream, lake, ocean, creek, pond,
spring, lagoon, swamp, marsh,
wetland, ravine, gulch or other
natural body of water, and the
water therein, including ground
water, within the jurisdiction of
the Province, whether it contains
water or not.
156.
WHOLESALE SALES means a
commercial use that consists
of the selling of merchandise
to retailers and to industrial,
commercial, institutional,
or professional business
users, contractors, and other
wholesalers, but excludes sales to
the end user of merchandise.
157.
WIND FARM means two or
more large scale wind turbines
electrically connected to
the transmission grid or local
distribution network.
158.
WIND POWER PROJECT means
a wind turbine or wind farm and
associated property, substations,
and other utility systems.
159.
WIND TURBINE means a wind
energy conversion system
erected to produce electrical
power by capturing the kinetic
energy in wind and converting it
into electricity.
a.
LARGE SCALE WIND
TURBINE means any wind
turbine that has a nameplate
capacity greater than 100
kilowatts, which may be
developed as a stand-
alone wind turbine or in
combination with other wind
turbines in a wind farm.
b. MICRO SCALE WIND
TURBINE means a wind
turbine that has a nameplate
capacity of less than 1.0
kilowatts.
c.
SMALL SCALE WIND
TURBINE means a wind
turbine which has a
nameplate capacity equal to
or less than 100 kilowatts but
not less than 1.0 kilowatts,
which may be developed as
a stand-alone wind turbine
or in combination with other
wind turbines in a wind farm.
160.
WIND TURBINE HEIGHT means
the distance measured from
grade to the highest point of the
rotor blade's arc.
Figure 30 WInd Turbine Height
165
Municipality of Colchester - Land Use Bylaw
161.
WORKER HOUSING means
buildings that is accessory to an
agricultural use, aggregate use,
or forestry use; and is not the
main building on the property;
and is used to accommodate the
workers of said use; and is not
considered a dwelling under the
Municipal Government Act.
162.
WORKSHOP means the use of a
building or part thereof for the
creation of products assembled
or made by hand or by small
custom production processes
including (but not limited to)
potters, pewterers, goldsmiths,
silversmiths, jewellers, toymakers,
leather workers, upholsterers,
woodworkers, furniture
makers, musical instrument
makers, clothing designers,
clothesmakers, shoemakers,
antique refinishers, glass workers,
stained glass workers, and
sailmakers. This definition shall
also include "maker spaces" in
which members gain access
to shared equipment for small
custom production processes.
163.
YARD means an open, uncovered,
area of land extending from the
identified lot line to the nearest
main wall of any main building or
structure. An area of land shall
only be categorized as a single
type of yard. In determining
what yard category applies to an
area of land, front yards shall be
identified first, then rear yards,
then flanking yards, and finally
side yards.
Figure 31 Yard Types
a.
FLANKING YARD means
the yard of a corner lot that
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.
b. FRONT YARD means the yard
extending the full width of a
lot between the front lot line
and the nearest wall of any
main building or structure on
the lot.
c.
REAR YARD means a yard
extending across the full
width of a lot between the
rear lot line and the nearest
wall of any main building or
structure on the lot.
street
Buildable Area
street
Front Yard
Side Yard
Rear Yard
Flanking Yard
Minimum
Front Yard
Minimum
Side Yard
Minimum
Rear Yard
Minimum
Flanking
Yard
Building
166
35 Definitions
d. SIDE YARD means a yard
extending from the front
yard to the rear yard of a lot
between a side lot line and
the nearest wall of any main
building or structure on the
lot.
164.
ZONE means an area of land
identified on the zoning map
being Schedule 'A' of this Bylaw.
167
Municipality of Colchester - Land Use Bylaw
36 Schedules and Appendices
36.7.1 All schedules and figures attached to this Bylaw form an official part of this Bylaw.
36.7.2 Any appendices attached to this Bylaw are for information purposes and may be
changed by resolution of Council without formally amending this Bylaw.
168
36.1 SCHEDULE 'A' - ZONING MAPS
169
170
171
172
173
174
175
176
177
178
179
36.2 SCHEDULE 'B' - FLOOD OVERLAYS
180
181
182
183
184
185
186
187
36.3 SCHEDULE 'C' - GROWTH CENTRES
188
36.4 SCHEDULE 'D' - COASTAL ELEVATION
189
190
191
192
193
194
195
196
36.5 SCHEDULE 'E' - VILLAGE HERITAGE AREA OVERLAY
197
Municipality of Colchester - Land Use Bylaw
Schedule 'F' - Collector Streets
The following streets shall be designated as collector streets for the purposes of this
Bylaw:
Salmon River:
Harmony Road
East Prince Street
Salmon River
Hilden:
Highway #2
Irwin Lake Road
Truro Road
Bible Hill
Main Street
College Road
Pictou Road
Vimy Road
Farnham Road
Brookside Road
Old Court House Branch Road
Lower Truro /
Truro Heights:
Truro Heights Connector
Truro Heights Road
Robie Street
Truro - Windsor Road
Lower Truro Road
Highway 236
Valley:
Old Court House Branch Road
Pictou Road
College Road
Salmon River Road / Valley Cross
Road
36.6 SCHEDULE 'F' - COLLECTOR STREETS
198
36 Schedules and Appendices
North River:
Highway #311
Mountain Lee Road
East Mountain:
Pictou Road
Mingos Corner:
Highway #4
Onslow Road
NOTE: For the purposes of this Bylaw, the designated collector streets shall only be the
portion of road from the above list that is located within a Growth Centre or a Municipal
Sewer District.
199
Municipality of Colchester - Land Use Bylaw
36.7 APPENDIX 'A' - DYKELAND LAND FORMING STANDARDS
200
36 Schedules and Appendices
Soil
Conservation Area
Soil
Conservation Area
Queen
S
Truro
Heights Rd
College Rd
Prince St
Highway
236
Young S
Main St
lls
Rd
Arthur St
Pictou Rd
King St
Park
St
Pleasant St
Lower Truro Rd
Willow St
Brunswick
St
Hillcrest St
Juniper St
Walker St
H
Robie
St
Ford St
Park
Rd
Esplanade
Muir St
Marshland
Dr
al
Ave
Hub
Centre
Dr
Onslow
Rd
Charles St
Kaulback St
Golf St
Parkw
Churchill
St
Farnham Rd
North St
Dominion St
Smith Ave
ita
Cres
Victoria
St
Highway 102 SB
Duke St
Brodie
Ave
Commercial St
Revere St
Highway
102 NB
Lorne St
Inglis
Pl
Lloyd Crt
Lewis
Rd
Ross St
Wade
Rd
Elm St
Broad
St
Highland Dr
Riverside Ave
Meadow
Dr
Avon St
Normandy Ave
Ryland Ave
Br
Tidal Bore Rd
Town/County Boundary
Roads
Property Lines
Soil Conservation Areas
0.4
0
0.4
0.2
Kilometers
¹
36.8 APPENDIX 'B' - SOIL CONSERVATION AREAS
201 Municipality of Colchester - Land Use Bylaw