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October 2015
Digby Wellfield Protection Area
Land Use By-Law
Municipality of the District of Digby
October 2015
Table of Contents
Introduction
Page 1
Part 1, Title and Purpose
Page 2
Part 2, Administration
Page 2
Part 3, Zones and Maps
Page 6
Part 4, Interpretation
Page 7
Part 5, Development Agreements
Page 8
Part 6, General Provisions for all Zones
Page 9
Part 7, General Provisions for the Wellfield
Protection and Wellfield Expansion Zones
Page 15
Part 8, Wellhead Protection Zone
Page 16
Part 9, Wellfield Protection Zone A and Zone B
Page 16
Part 10, Wellfield Protection Zone C
Page 18
Part 11, Watershed Zone
Page 19
Part 12, Wellfield Expansion Zone
Page 20
Part 13, Definitions
Page 21
Schedule "A", Zoning Map
Page 29
October 2015 Page 1 of 29
Digby Wellfield Protection Area
Land Use By-Law
Introduction
How to Use This By-law
This Land Use By-law has been prepared in conjunction with the Digby Wellfield
Protection Area Municipal Planning Strategy. The Strategy identifies policies and
rationale for planning and land use control issues within the Wellfield Protection Area.
This By-law describes detailed standards, conditions and requirements for development
within the Wellfield Protection Area which implement the Strategy's policies.
To find information about developments permitted on a lot and the requirements for
obtaining a development permit refer to:
- Part 2, Administration and Part 4, Interpretation for general information;
- the Zoning Map (Schedule "A" of this By-law) to identify the correct zone which
applies to a specific property or area. Once the applicable zone is known, refer
to Parts 8, 9,10, 11 or 12 to locate the particular zone requirements;
- Part 6, General Provisions for all Zones and Part 7, General Provisions for
the Wellfield Protection Zones A, B and C. For example, look for restrictions
on land uses or the number of main buildings permitted on a lot;
- Part 12, Definitions to see if any special definitions apply to the development on
the lot.
October 2015 Page 2 of 29
An application for development permit must be submitted to the Development Officer
and no development can be undertaken without a valid development permit. The
By-law provides for a penalty, upon summary conviction, where provisions of the By-law
are violated.
Development Control Provisions
Part 1
Title and Purpose
(1)
This By-law shall be known as the Digby Wellfield Protection Area Land Use
By-law for the Municipality of The District of Digby and shall apply to only those
lands located within the Digby Wellfield Protection Area.
(2)
The purpose of this By-law is to implement and administer the land use policies
found in the Digby Wellfield Protection Area Municipal Planning Strategy.
Part 2
Administration
2.1
Administration
The Development Officer shall be responsible for administration of this By-law.
2.2
Development Permit Required
(1)
Unless otherwise stated in this By-law, no person shall undertake a
development on a lot within the Digby Wellfield Protection Area without
first obtaining a development permit from the Development Officer.
(2)
The Development Officer shall only issue a development permit in
conformance with this By-law except where a variance is granted or in the
case of a nonconforming use or structure.
October 2015 Page 3 of 29
(3)
The Development Officer shall issue a development permit where a
variance is granted or for a nonconforming use or structure, in
conformance with the Municipal Government Act.
(4)
A development permit issued in accordance with this By-law shall be valid
for 24 months from the date issued and shall automatically lapse, and
become null and void, if the development to which it relates has not
commenced and two (2) years has elapsed since its issuance.
(5)
The Development Officer may revoke a development permit where
information provided on the application is found to be false or inaccurate.
Any revocation shall be sent by registered mail and shall become effective
seven (7) days after the mailing date.
2.3
No Development Permit Required
No development permit shall be required where:
a) the development undertaken involves an interior or exterior renovation
which will not change the shape or size of a building, add more units to a
building, or involve a change in use of a building;
b) a temporary building or structure is to be erected for a period not exceeding
sixty (60) days pursuant to Part 6.20 of this By-law.
2.4
Application for a Development Permit
Every application for a development permit shall be accompanied by a sketch or
plan drawn to an appropriate scale and showing information the Development
Officer deems necessary to determine whether or not the proposed development
conforms to the requirements of this By-law.
2.5
Signature of Applicant
The application for a development permit shall be signed by the registered owner
of the lot or by the owner's agent duly authorized in writing to act for the owner.
October 2015 Page 4 of 29
2.6
Issuance of Development Permits
No development permit shall be issued by the Development Officer unless:
a) the proposed development is in conformance with the requirements of this
Land Use By-law; or
b) a development agreement has been executed pursuant to Section 230 of
the Municipal Government Act; or
c) the Development Officer has granted a variance from the terms of this
By-law, pursuant to Section 235 of the Municipal Government Act, and the
time for appeal has elapsed or the appeal has been disposed of, pursuant
to Sections 237 of the Municipal Government Act.
2.7
Deviations
No developer shall deviate, or allow deviations to be made, from the description
of the proposed development and/or conditions which may apply as contained in
the development permit.
2.8
Right of Entry
A duly authorized Development Officer of The Municipality shall have the right to
enter at all reasonable times into or upon any property within the area to which
this Land Use By-law applies for the purpose of any inspection necessary in
connection with the administration of the Land Use By-law.
2.9
Decision in Writing
Any decision of the Development Officer to refuse to issue a development permit
shall be given by written notice served by registered mail. Such notice shall
include any reasons for refusal and shall set out any right of appeal, should it be
available.
October 2015 Page 5 of 29
2.10 Violation
In the event of any alleged contravention of the provisions of this Land Use By-
law, the Municipality of the District of Digby may take action as outlined in
Sections 266 and 267 of the Municipal Government Act.
2.11 Advertising Costs
(1)
Where an application to amend this By-law or to enter a Development
Agreement is made, the applicant shall deposit with the Chief
Administrative Officer (CAO), at the time of application, an amount
established by the CAO to be sufficient to pay the costs of processing the
application and any advertising required.
(2)
If the amount paid under Section 2.11(1) is not sufficient to cover the costs
incurred, the applicant shall pay to the CAO the additional amount
required. If the amount paid is more than sufficient, the CAO shall refund
the excess amount.
2.12 Notice to Property Owners
(1)
When an application has been received to amend this By-law, enter a
development agreement, or amend a development agreement, all affected
property owners within 30.5 metres (100 feet) of the subject property shall
be notified of the application by the Chief Administrative Officer.
(2)
The notification set out in Section 2.12(1) shall be in addition to the
advertisement for any public hearing required pursuant to the Municipal
Government Act and shall be delivered to all affected property owners by
mail prior to the public hearing.
(3)
The applicant shall deposit with the Chief Administrative Officer, at the
time of application, an amount set out by the CAO to be sufficient to pay
the costs of notifying the affected property owners.
October 2015 Page 6 of 29
(4)
If the amount paid by the applicant is not sufficient to cover said costs the
applicant shall pay to the Chief Administrative Officer the additional
amount required. If the amount paid is more than sufficient, the CAO shall
refund the excess amount.
2.13 Effective Date
This By-law shall take effect upon the date of publication.
2.14 Special Provision - Water Utility Uses
Water treatment and supply uses shall be exempt from the requirements of Parts
2, 5, 6, 7, 9, 10 and 11 of this By-law.
Part 3
Zones and Maps
3.1
Zones
For the purposes of this By-law lands within the Digby Wellfield Protection Area
are divided into five zones, the boundaries of which are shown on the attached
Schedule "A", Zoning Map. Such zones may be referred to by the
corresponding symbols shown below.
Zones
Symbol
Wellhead Protection
WHP
Wellfield Protection Zone A
WFP-A
Wellfield Protection Zone B
WFP-B
Wellfield Protection Zone C
WFP-C
Watershed
WS
Wellfield Expansion
WFE
3.2
Zoning Map
Schedule "A", is the Zoning Map and forms part of this By-law.
October 2015 Page 7 of 29
3.3
Zones Not on the Map
The Zoning Map may be amended, in conformance with the Municipal Planning
Strategy, to use any zone in this By-law, regardless of whether or not such a
zone had previously appeared on the Zoning Map.
Part 4
Interpretation
4.1
Symbols
The symbols used on the Zoning Map refer to the corresponding zones
established in the By-law.
4.2
Interpretation of Zone Boundaries
(1)
The extent and boundaries of zones are shown on the Zoning Map and
the appropriate provisions of this By-law shall apply to all zones.
(2)
Boundaries between zones shall be determined as follows:
a) where a zone boundary is indicated as following a street the
boundary shall be the centre line of the street unless otherwise
indicated;
b) where the zone boundary is indicated as approximately following lot
lines the boundary shall follow the lot lines;
c) where an electric transmission line right-of-way or a watercourse
shown on the Zoning Map serves as a zone boundary, the centre
line of the right-of-way or watercourse shall be considered the
boundary between the zones unless otherwise indicated;
d) where none of the above apply, and where appropriate, the zone
boundary shall be scaled from the Zoning Map.
October 2015 Page 8 of 29
4.3
Interpretation of Certain Words
In this By-law, words used in the present tense include the future, words in the
singular number include the plural, words in the plural include the single number,
the word "used" includes "arranged to be used", "designed to be used" and
"intended to be used", and the word "shall" is mandatory.
4.4
Permitted Uses
(1)
In this By-law any use not listed as a permitted use in a zone is prohibited
in that zone unless otherwise indicated.
(2)
Where a permitted use within any zone is defined in this By-law the uses
permitted in the zone include any similar uses that satisfy such definition
except where a definition specifically excludes any similar use.
Part 5
Development Agreements
5.1
Developments to be Considered by Development Agreement
The Municipal Planning Strategy provides that in the Digby Wellfield Protection
Area uses not permitted as-of-right within the Wellfield Protection Zone A,
Wellfield Protection Zone B and Wellfield Protection Zone C other than those
prohibited in any zone pursuant to Policy LU-13; and the keeping of a type and/or
number of animal units within the Wellfield Protection Zone A, Wellfield
Protection Zone B and Wellfield Protection Zone C beyond the limits
established in Part 7.2 of this By-law may be permitted by development
agreement in accordance with the Municipal Planning Strategy and the Municipal
Government Act.
October 2015 Page 9 of 29
5.2
Development Permits for Development Agreements
A development permit may be issued for a development enabled in this Part and
pursuant to the Municipal Government Act provided:
a) the appeal period has lapsed or any appeals that may have been lodged
have been dealt with by the Utility and Review Board and the ruling was in
favour of the development; and,
b) the development conforms to the terms of the development agreement.
Part 6
General Provisions for all Zones
6.1
Prohibited Uses
Not withstanding anything else in this By-law the following uses, due to the risk
they present of generating negative impacts on the quality of the water resource
within the Digby Wellfield Protection Area, shall not be permitted in any zone;
➢ Automobile service stations;
➢ Laundry and dry cleaning establishments;
➢ Bulk oil and fuel storage facilities;
➢ Ready mix concrete and asphalt paving plants, including temporary asphalt
plants;
➢ Processing and/or storage of quarried materials;
➢ Intensive livestock operations;
➢ Automotive and autobody repairshops;
➢ Scrap and salvage yards;
➢ Any like use which has associated with it the use and/or storage of toxic
materials or substances.
October 2015 Page 10 of 29
6.2
Government Uses
Any public authority or government (federal, provincial or municipal) owned
building or facility shall be permitted in any zone provided that such use conforms
to the standards of the Wellfield Protection Zone A, Wellfield Protection
Zone B and Wellfield Protection Zone C.
6.3
Accessory Buildings
Accessory buildings and structures shall be permitted and may be used only as an
accessory use to the permitted main building or use, but it shall not be used for
human habitation.
6.4
Accessory Uses Permitted
Where this By-law provides that any land may be used or a building or structure
may be erected or used for a purpose, the purpose shall include any accessory
use.
6.5
Altering of Land Levels
Land levels within 61 Metres (200 feet) of a watercourse or waterbody shall not
be altered.
6.6
Buildings to be Moved
No person shall move any building within or into the Digby Wellfield Protection
Area without first obtaining a development permit.
6.7
Calculation of Lot Frontage
The following means shall be used for the purposes of determining lot
frontage:
a) in the case of regularly shaped lots, lot frontage shall be measured as a
straight line between the points where the two (2) side lot lines meet the
front lot line;
October 2015 Page 11 of 29
b) in the case of irregularly shaped lots, lot frontage shall be measured as
the distance between the side lot lines drawn at a 90-degree angle from a
line drawn from the mid point of the rear lot line to the mid point of the
front lot line and at a point equal to the required front yard.
6.8
Compliance with Other Requirements
Nothing in this By-law shall exempt any person from complying with the
requirements of any other By-law in force within the Municipality or from
obtaining any license, permission, permit, authority or approval required in any
other By-law of the Municipality of The District of Digby. Where the provisions of
this By-law conflict with those of any other municipal or provincial requirements,
the higher or more stringent requirements shall prevail.
6.9
Existing Buildings
The use of any building erected on or before the effective date of this By-law may
be changed to a use permitted in the zone even though the lot frontage, front
yard or lot area, or all of these, is less than the zone requirements as established
in this By-law, provided that all other applicable provisions of this By-law are
satisfied.
6.10 Existing Buildings with Non-Conforming Yards
Any building erected on or before the effective date of this By-law which is not in
conformance with the zone requirements as established in this By-law, may be
enlarged, renovated, reconstructed or repaired provided that such enlargement,
renovation, reconstruction or repair does not further reduce or impair the required
zone requirements and provided that all other applicable provisions of this By-law
are satisfied.
October 2015 Page 12 of 29
6.11 Existing Undersized Lots
(1)
Notwithstanding anything else in this By-law, a lot which existed on or
before the effective date of this By-law and which had less than the
minimum frontage or area required by this By-law, may be used for a
purpose permitted in the zone in which the lot is located, and a building
may be erected on the lot provided that all other applicable provisions of
this By-law are satisfied.
(2)
An existing undersized lot which is increased in area or frontage or both,
but remains undersized, is still considered an existing undersized lot for
the purposes of this section.
6.12 Frontage on a Street
No development permit shall be issued unless the lot intended to be used, or
upon which a building or structure is to be erected, abuts and fronts upon a
public street or road, a private street or road, or a registered right-of-way.
6.13 Multiple Uses
In any zone, where any land or building is used for more than one purpose, all
provisions of the By-law relating to each use shall be satisfied. Where there is a
conflict, such as in the case of lot size or frontage, the standards that apply to the
most prominent use shall prevail.
6.14 Nonconforming Uses
Any use of land or building or structure constructed, or being constructed, on or
before the effective date of this By-law that does not conform to the requirements
of this By-law shall be subject to the provisions of the Municipal Government Act
respecting nonconforming uses and structures.
October 2015 Page 13 of 29
6.15 One Main Building on a Lot
(1)
Except for permitted Agricultural, Water Utility and Wind Energy Generation
Facilities uses, no more than one main building shall be erected on a lot.
(2)
Notwithstanding Part 6.15(1) more than one main building may be
constructed on a single lot were it can be confirmed through preliminary
subdivision approval that the lot may be subdivided so as to create legal
conforming lot(s) for each building.
6.16 Reduced Lot Requirements
Notwithstanding anything else in this By-law, a lot approved in accordance with
the Subdivision By-law and having less than the minimum lot area or frontage
required by this By-law, may be used for a purpose permitted in the zone in
which it is located and a building may be erected provided all other applicable
provisions of this By-law are satisfied.
6.17 Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoring to a safe
condition of any building or structure, provided that in the case of non-conforming
use, relevant provisions of the Municipal Government Act shall apply.
6.18 Setback for Flanking Yard
Notwithstanding anything else in this By-law, on a corner lot in any zone, the
minimum yard requirement for the flanking yard shall be the same as that
required for the front yard.
6.19 Setbacks from Watercourses and Waterbodies
All buildings shall be setback a minimum of 61 Metres (200 feet) from the nearest
watercourse or waterbody.
6.20 Temporary Uses Permitted
October 2015 Page 14 of 29
(1)
Nothing in this By-law shall prevent the temporary use of land, building
or structure incidental to a main construction project provided that a
development permit has been issued for the main construction project and
the use is discontinued and removed within sixty (60) days following
completion of the project.
(2)
Nothing in this By-law shall prevent uses of land or structures erected for
special occasions and holidays provided only that no such use or structure
remains in existence for more than 120 days and notwithstanding that it
may cease to exist within the 120 day period that it be removed within
fourteen (14) days following completion of the use.
6.21 Truck, Bus and Coach Bodies
No truck, trailer, bus or coach body or similar structure not originally designed for
permanent housing purposes, shall be used for human habitation within the
Digby Wellfield Protection Area.
6.22 Variance
(1)
Notwithstanding the general requirements set out for each zone in this By-
law, the development officer may grant a variance from the minimum lot
area and frontage, the minimum size or other requirements relating to
yards, and the area of land that may be built upon, provided there is no
intentional disregard for this By-law or for the intent of the By-law and the
difficulty is not general to the area, in accordance with the provisions of
the Municipal Government Act.
(2)
Where a variance is granted or refused, the appeal and the notice
provisions of the Municipal Government Act shall be complied with and the
applicant shall pay to the Chief Administrative Officer the costs of notifying
affected landowners.
October 2015 Page 15 of 29
Part 7 General Provisions for the Wellfield Protection Zone A,
Wellfield Protection Zone B and Wellfield Protection Zone C
These general provisions apply to all uses in the Wellfield Protection Zone A (WFP-
A), Wellfield Protection Zone B (WFP-B) and Wellfield Protection Zone C (WFP-C)
except where otherwise specified.
7.1
Special Provisions, Commercial and Business Uses
Nothing in this By-law shall prevent the use of a dwelling or accessory structure
for a commercial or business use provided such use shall not be obnoxious by
reason of dust, fumes or smoke, or other obnoxious emission or refuse matter or
water carried waste; nor be a use characterized by producing wastes that can
contaminate soils or watercourses.
7.2
Keeping of Farm Animals
For the purposes of this By-law not more than the equivalent of one animal unit
may be allowed on a lot; and for the purpose of this Section, one (1) animal unit
means one or more farm animals or combination of farm animals as specified in
the following Table 1:
Table 1
Animal Unit Equivalents
____________________________________________________________
No. Equal
Max. per
Max. per
to 1 Unit
.4 Hectare/1 Acre
6 Hectares/15 Acres
Cow
1
3
10
Horse
2
6
20
Sheep
4
12
40
Goat
4
12
40
Pig
2
6
20
Chicken
25
75
250
Mink
10
30
100
Rabbits
25
75
250
October 2015 Page 16 of 29
Part 8
Wellhead Protection (WHP) Zone
8.1 WHP Zone Uses Permitted
No development permit shall be issued for development in the Wellhead
Protection (WHP) Zone except for the following:
➢ Water Utility Uses
8.2
WHP Zone Requirements
No minimum standards are established for or required in the Wellhead
Protection (WHP) Zone.
Part 9
Wellfield Protection Zone A (WFP-A) and Wellfield
Protection Zone B (WFP-B)
9.1
WFP-A and WFP-B Zones Uses Permitted
No development permit shall be issued for development in the Wellfield
Protection Zone A (WFP-A) and Wellfield Protection Zone B (WFP-B) except
for one or more of the following uses:
➢ Residential Uses
➢ Commercial and Business Uses
➢ Industrial Uses
➢ Institutional Uses
➢ Forestry Uses (excluding processing operations)
➢ Water Utility Uses
➢ Agricultural uses (excluding intensive livestock operations).
October 2015 Page 17 of 29
9.2
WFP-A and WFP-B Zones Requirements
No development permit shall be issued for the Wellfield Protection Zone A
(WFP-A) and Wellfield Protection Zone B (WFP-B) except in accordance with
the following requirements:
1.
Development Serviced by On-site Septic and Well
➢ Minimum Lot Area
1.01 Hectares (2.5 acres)
➢ Minimum Lot Frontage
76.2 Metres (250 feet)
➢ Minimum Side Yard
7.6 Metres (25 feet)
➢ Minimum Rear Yard
7.6 Metres (25 feet)
➢ Minimum Front Yard
7.6 Metres (25 feet)
2.
Development Serviced by Municipal Sewer and Well
➢ Minimum Lot Area
.093Hectares (10,000 sq. ft.)
➢ Minimum Lot Frontage
30.48 Metres (100 feet)
➢ Minimum Side Yard
2.44 Metres (8 feet)
➢ Minimum Rear Yard
7.62 Metres (25 feet)
➢ Minimum Front Yard
7.62 Metres (25 feet)
3.
Development Serviced by Municipal Sewer and Water
➢ Minimum Lot Area
.055Hectares (6,000 sq. ft.)
➢ Minimum Lot Frontage
18.3 Metres (60 feet)
➢ Minimum Side Yard
2.44 Metres (8 feet)
➢ Minimum Rear Yard
7.62 Metres (25 feet)
➢ Minimum Front Yard
7.62 Metres (25 feet)
October 2015 Page 18 of 29
Part 10
Wellfield Protection Zone C (WFP-C) Zone
10.1 WFP-C Zone Uses Permitted
No development permit shall be issued for development in the Wellfield
Protection Zone C (WFP-C) Zones except for one or more of the following
uses:
➢ Residential Uses
➢ Commercial and Business Uses
➢ Industrial Uses
➢ Institutional Uses
➢ Forestry Uses (excluding processing operations)
➢ Water Utility Uses
➢ Agricultural uses (excluding intensive livestock operations).
10.2 WFP-C Zone Requirements
No development permit shall be issued for the Wellfield Protection Zone C
(WFP-C) use except in accordance with the following requirements:
(1)
Development Serviced by On-site Septic and Well
➢ Minimum Lot Area
.68 Hectares (1.68 acres)
➢ Minimum Lot Frontage
60 Metres (197 feet)
➢ Minimum Side Yard
7.6 Metres (25 feet)
➢ Minimum Rear Yard
7.6 Metres (25 feet)
➢ Minimum Front Yard
7.6 Metres (25 feet)
2.
Development Serviced by Municipal Sewer and Well
➢ Minimum Lot Area
.093Hectares (10,000 sq. ft.)
➢ Minimum Lot Frontage
30.48 Metres (100 feet)
➢ Minimum Side Yard
2.44 Metres (8 feet)
➢ Minimum Rear Yard
7.62 Metres (25 feet)
➢ Minimum Front Yard
7.62 Metres (25 feet)
October 2015 Page 19 of 29
3.
Development Serviced by Municipal Sewer and Water
➢ Minimum Lot Area
.055Hectares (6,000 sq. ft.)
➢ Minimum Lot Frontage
18.3 Metres (60 feet)
➢ Minimum Side Yard
2.44 Metres (8 feet)
➢ Minimum Rear Yard
7.62 Metres (25 feet)
➢ Minimum Front Yard
7.62 Metres (25 feet)
Part 11
Watershed (WS) Zone
11.1 WS Zone Uses Permitted
No development permit shall be issued for development in the Watershed (WS)
Zone except for one or more of the following uses:
➢ Water Utility Uses
➢ Wind Energy Generation Facilities
11.2 WS Zone Requirements
A)
No minimum standards are established for or required in the Watershed
(WS) Zone for Water Utility related activities and uses.
B)
The following standards shall apply to the development of Wind Energy
Generation Facilities within the Watershed (WS) Zone:
Minimum setback of any
2 Times the height of
structure from a lot line
the wind structure
or any existing buildings
Minimum setback of any
30 Meters
structure from Van Tassel Lake
C)
Wind turbine height means:
i.
for a wind turbine other than a roof-mounted wind turbine, the average
finished grade of the wind turbine to the tip of the wind turbine blade when it
reaches its highest elevation;
October 2015 Page 20 of 29
ii.
for a roof-mounted wind turbine, the buildings average finished grade to the
tip of the wind turbine blade when it reaches its highest elevation.
Part 12
Wellfield Expansion (WFE) Zone
12.1 WFE Zone Uses Permitted
No development permit shall be issued for development in the Wellfield
Expansion (WFE) Zone except for one or more of the following uses:
➢ Forestry Uses (excluding processing operations)
➢ Water Utility Uses
➢ Agricultural Uses (excluding intensive livestock operations)
12.2 WFE Zone Requirements
No development permit shall be issued for Wellfield Expansion (WFE) Zone
use except in accordance with the following requirements:
➢ Minimum Lot Area
1.012 Hectares (2.5 acres)
➢ Minimum Lot Frontage
76.2 Metres (250 feet)
➢ Minimum Side Yard
7.6 Metres (25 feet)
➢ Minimum Rear Yard
7.6 Metres (25 feet)
➢ Minimum Front Yard
7.6 Metres (25 feet)
October 2015 Page 21 of 29
Part 13
Definitions
In this By-law words used in the present tense include the future; words in the singular
number include the plural; words in the plural include the singular; and the word shall is
mandatory and not permissive. All other words carry their customary meaning except
for those as defined in this Section.
(1)
Accessory Building means a subordinate building or structure on the same lot
as the main building devoted exclusively to an accessory use, but does not
include a building attached in any way to the main building, or a building located
completely underground.
(2)
Accessory Use means a use subordinate and naturally, customarily and
normally incidental to and exclusively devoted to a main use of land or building
and located on the same lot.
(3)
Agricultural Use means the utilizing of land, buildings or structures to raise
crops or animals or fowl and includes the harbouring or keeping of any one or
more of the following livestock regardless of its breed or stage of development:
horse, pony, pig, cow, bull, goose, duck, hen, rooster, sheep, goat , mink, fox, or
similar livestock.
(4)
Auto Repair Shop means a building or part of a building or a clearly defined
space on a lot where automobile engines, transmissions, or other mechanical
components are repaired including auto body repair, but shall not include an
automobile service station, an automobile washing establishment, or an
automobile sales establishment.
October 2015 Page 22 of 29
(5)
Automobile Service Station means a building or part of a building or a clearly
defined space on a lot used for the retail sale of lubricating oils and motor fuel
and may include the sale of automobile accessories, the servicing and minor
repair essential to the actual operation of motor vehicles, and associated car
washes.
(6)
Building means a structure, whether permanent or temporary, which is roofed
and which is used for the shelter or accommodation of persons, animals,
materials or equipment and includes all additions, porches and decks attached
thereto.
(7)
Building Line means any line regulating the position of a building or structure on
a lot.
(8)
Commercial and Business Use means the operation of an enterprise where
retail, wholesale, service, personal service or professional service is provided to
the public or other enterprises.
(9)
Council means the Council of the Municipality of The District of Digby.
(10)
Development means any erection, construction, alteration, replacement or
relocation of or addition to any building or structure and any change or alteration
in the use made of land, buildings or structures.
(11)
Development Officer means the officer of the Municipality of The District of
Digby from time to time charged by the Municipality with the duty of administering
the provisions of this By-law.
October 2015 Page 23 of 29
(12)
Dwelling Unit means one or more habitable rooms designed or intended for use
by one or more individuals as an independent and separate housekeeping
establishment in which separate kitchen and sanitary facilities are provided for
the exclusive use of such individual or individuals, with a private entrance from
outside the building or from a common hallway or stairway inside the building.
(13)
Erect means to build, construct, reconstruct, alter or relocate and without limiting
the generality of the foregoing shall include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling or draining, or structurally
altering any existing building or structure by an addition, deletion, enlargement or
extension.
(14)
Existing means existing as of the effective date of this By-law.
(15)
Fish and Food Processing means the process where any fish or food materials
or product is prepared or processed including cleaning, skinning, gutting,
schucking, icing, freezing, heating or cooking and shall include the all handling,
packaging and shipping relating to any of these activities.
(16)
Fish Reduction Plant means a building or part of a building where fish offal,
whole or part of fish or any combination thereof is rendered into fish meal,
fertilizer, a slurry, oil or any other product or by-product and includes the
composting of any fish product or by-product.
(17)
Forestry Processing Operations means any mechanical or chemical process
utilized to extract, manipulate, treat or other wise transform wood fibre into pulp
or related pulp products, but does not include the harvesting of wood or the
cutting or processing of wood for dimensional lumber or related wood products.
(18)
Institutional Use means an organized body or society for promoting a particular
purpose with no intent of profit, but shall not include a private club.
October 2015 Page 24 of 29
(19)
Intensive Livestock means an Agricultural Use where the total number of
Animal Units exceeds the limits as specified in Part 7.2 of this By-law.
(20)
Lot means any parcel of land described in a deed as a lot or as shown as an
approved lot on a registered plan of subdivision.
a)
Corner Lot means a lot situated at the intersection of and abutting on two
or more streets. The shorter lot line shall be deemed the front lot line of
the said lot.
b)
Interior Lot means a lot situated between two lots and having access to
one street.
(21)
Lot Area means the total horizontal area within the lot lines of a lot.
(22)
Lot Frontage means the length of a line joining the side lot lines and parallel to
the front lot line.
(23)
Lot Line means a boundary line of a lot.
a) 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 the
front lot line and the longer boundary line abutting the street shall be deemed
the side lot line and where such lot lines are of equal length the front lot line
shall be either of the lot lines. In the case of a through lot, any boundary
dividing the lot from a street shall be deemed to be the front lot line.
b) Rear Lot Line means the lot line furthest from or opposite to the front lot line.
c) Side Lot Line means a lot line other than a front or rear lot line.
October 2015 Page 25 of 29
d) Flanking Lot Line means a side lot line which abuts the street on a corner
lot.
(24)
Land Use By-law means the Digby Wellfield Protection Area Land Use By-law.
(25)
Laundry or Dry Cleaning Establishment means a building where dry cleaning,
dyeing, cleaning or pressing of articles or goods made of fabric or leather is
carried on and in which only solvents are used which emit no odours or fumes
and in which no noise or vibration causes a nuisance or inconvenience outside of
the premises.
(26)
Main Building means the building in which is carried on the principal purpose for
which the building lot is used.
(27)
Municipality means the Municipality of The District of Digby.
(28)
Municipal Government Act means An Act Respecting Municipal Government,
chapter 18 of the Statutes of Nova Scotia, 1998.
(29)
Municipal Planning Strategy means the Digby Wellfield Protection Area
Municipal Planning Strategy.
(30)
Obnoxious Use shall mean a use which, from its nature or operation creates a
nuisance or is offensive by the creation of noise or vibration, or by reason of the
emission of gas, fumes, dust, oil or objectionable odour, or by reason of the
unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste or
other material.
(31)
Owner means a part owner, joint owner, tenant in common or joint tenant of the
whole or any part of any land or building and includes a trustee, an executor, a
guardian, an agent, a mortgagee in possession, or other person having the care
October 2015 Page 26 of 29
or control of any land or building in the event of the absence or disability of the
person having the title thereof.
(32)
Private Road means any road which is not a provincial road or a municipal road
which is shown on an approved plan of subdivision and extends to and has
access to a provincial or municipal road and where not totally located within the
area of land subdivided, has an easement for right -of- way and access that is
assignable and perpetual and has been clearly granted by deed, registered in the
registry of deeds and includes any private road approved by the Department Of
Transportation and Public Works and/or the Municipality and is shown on a plan
of subdivision approved prior to the first day of August, 1987 and filed in the
Registry Of Deeds.
(33)
Public Authority means any Board, Commission or Committee of the
Municipality of The District of Digby established by or exercising any power of
authority under any general or specific statute of Nova Scotia with respect to any
of the affairs or purposes of the municipality or a portion thereof and includes any
committee or local authority established by By-law of the Municipality.
(34)
Public Road means the whole and entire right-of-way of every highway, road, or
road allowance vested in either the Province of Nova Scotia or the Municipality of
The District of Digby.
(35)
Primary Use means the use for which the zone has been created.
(36)
Ready Mix Concrete and Asphalt Paving Plants means a temporary or
permanent plant or any part thereof in which concrete, ready mix concrete or
asphalt concrete is produced by the heating, mixing and drying of aggregate with
cement or asphalt cement.
October 2015 Page 27 of 29
(37)
Registered Right Of Way means an easement for access to private or public
lands with a minimum width of ten feet extending to and having access to a
provincial and/or municipal road which is recorded in the Registry Of Deeds.
(38)
Residential Use means the use of a structure for residential occupancy and
includes structures containing one or more dwelling units
(39)
Scrap or Salvage Yard means a lot or premises for the storage, handling or
processing of scrap material, including but not limited to waste paper, rags,
bones, bottles, used bicycles, vehicles, tires, metal, construction materials and
debris or other scrap material or salvage.
(40)
Street Line means the boundary line of the public street, road or highway.
(41)
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 and signs and also fences
exceeding six (6) feet in height.
(42)
Use means the purpose for which any land, building or structure is utilized, and
also means the purpose for which any land, building or structure is designed,
arranged, or intended, or the purpose for which any land, building or structure is
occupied or maintained or leased.
(43)
Watercourse means the bed and shore of every river, stream, lake, 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.
(44)
Water Utility means the Digby Water Commission.
October 2015 Page 28 of 29
(45)
Wind Energy Generation Facilities means any structures or towers and related
mechanisms buildings and services utilized in the generation of electricity by
means of wind.
(46)
Yard means an open, uncovered space on a lot appurtenant to a building (except
a court) and unoccupied by buildings or structures except as specifically
permitted elsewhere in this By-law. In determining yard measurements the
minimum horizontal distance from the respective lot lines shall be used.
a) Front Yard means a yard extending across the full width of a lot between the
front lot line and the nearest wall of any building or structure on the lot; a
'minimum' front yard means the minimum depth allowed by this By-law of a
front yard on a lot between the front lot line and the nearest main wall of any
main building or structure on the lot.
b) 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;
and "minimum" rear yard means the minimum depth allowed by this By-law of
a rear yard on a lot between the rear lot line and the nearest main wall of any
main building or structure on the lot.
c) Side Yard means a yard extending from the front yard to the rear yard of a lot
between a side lot line and the nearest wall of any building or structure on the
lot; and "minimum" side yard means the minimum width allowed by this By-
law of a side yard on a lot between a side lot line and the nearest main wall of
any main building or structure on the lot.
d) Flanking Yard means the side yard of a corner lot which side yard extends
from the front yard to the rear yard between the flanking lot line and the
nearest main wall of any building or structure.
(47)
Zone means a specified area of land shown on a Schedule "A" of this By-law.
October 2015 Page 29 of 29
Zoning Map