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February 2014, Amended to Nov. 2024
Conway Area Land Use By-law
Municipality of the District of Digby
February 2014, Amended to Nov. 2024
Table of Contents
Part 1
Title and Purpose
1
Part 2
Administration
1
Part 3
Definitions
6
Part 4
Zones and Zoning Maps
30
Part 5
General Provisions for All Zones
32
Part 6
Signs and Signage
45
Part 7
General Provisions, Residential Areas
50
Part 8
Residential Rural (RR) Zone Requirements
53
Part 9
Residential Urban (RU) Zone Requirements
56
Part 10
Commercial General (CG) Zone Requirements
61
Part 11
Industrial (M) Zone
66
Part 12
Open Space (OS) Zone
70
Schedule A, Zoning Map
Schedule B, Wellfield Proptection Area Overlay
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February 2014, Amended to Nov. 2024
Part 1
Title and Purpose
1.1
Title
This By-law shall be known and may be cited, as the "Conway Area Land Use
By-law".
1.2
Purpose
The purpose of this By-law is to implement the land use and development control
provisions of policies contained in the Conway Area Municipal Planning Strategy
as enabled through the Municipal Government Act.
Part 2
Administration
2.1
Development Officer
2.1.1 This By-law shall be administered by the Development Officer, who shall be
responsible for the issuance of Development Permits.
2.1.2 In the absence or incapacity of the Development Officer, the Acting Development
Officer appointed by Council shall act in the Development Officer's stead.
2.2.
Development Permit
2.2.1 No person shall use any land or erect, alter or use any building or structure or
otherwise undertake any development unless a Development Permit has been
issued.
2.2.2 No Development Permit shall be issued unless all the provisions of this By-law or
the terms of a variance or development agreement relating to a proposed
development are satisfied.
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February 2014, Amended to Nov. 2024
2.2.3 No Development Permit shall be issued by the Development Officer unless the
proposed development is in conformance with:
a)
the requirements of the Land Use By-law; or
b)
a development agreement that has been executed pursuant to Section
230 of the Municipal Government Act; or
c)
a variance from the terms of the By-law has been granted by the
Development Officer, 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 Section 237 of the Municipal Government
Act.
2.2.4 A Development Permit shall be valid for a period of twelve (12) months from the
date of issuance.
2.2.5 A Development Permit may be renewed for an additional twelve (12) months
provided that the Permit has not been previously renewed and the Development
Officer is satisfied that the Permit is consistent with the existing Land Use By-law
and any proposed amendments.
2.2.6 No deviation shall be made from the description of the proposed development
without confirmation being obtained from the Development Officer.
2.2.7 A development permit may be revoked where a permit was issued on mistaken
or false information.
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February 2014, Amended to Nov. 2024
2. 3
Application for Development Permit and Development Agreement
2.3.1 All applications for development permit and/or entering into of a Development
Agreement shall be made using the form prescribed by the Municipality and shall
be signed by the owner of the property or by the owner's agent.
2.3.2 Every application for a Development Permit and/or Development Agreement
shall be accompanied by plans, in duplicate, drawn to an appropriate scale and
showing:
(a)
the true shape and dimensions of the lot to be used, and upon which it is
proposed to erect any building or structure;
(b)
the proposed location, height and dimensions of the building, structure, or
work in respect of which the permit is applied for;
(c)
the location of every building or structure already erected on or partly on
such lot, and the location of every building upon abutting lots;
(d)
the location of all adjacent streets and rights-of-way, existing or proposed
driveways and lot access and the proposed location and dimensions of
parking spaces, loading spaces, and internal vehicle circulation;
(e)
natural features such as wetlands, watercourses, vegetation and slopes;
(f)
other such information as may be necessary to determine whether or not
every such building, development, reconstruction or redevelopment
conforms with the requirements of this By-law; and
(g)
the Development Officer may waive the requirement to supply the above
noted information if he/she deems it is not pertinent to the application.
2.3.3 Where the Development Officer is unable to determine whether the proposed
development conforms to this By-law, the Municipal Planning Strategy or other
by-laws and regulations in force which affect the proposed development he/she
may require that the plans submitted under Part 2.3.2 be based upon actual
survey by a Nova Scotia Land Surveyor.
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February 2014, Amended to Nov. 2024
2.4
Amendment of the By-law
2.4.1 Any person who wishes to obtain the amendment, revision or repeal of this
By-law shall submit an application utilizing the form prescribed by the
Municipality.
2.4.2 The applicant shall deposit with the Municipality an amount estimated to be
sufficient to pay the cost of advertising required by the Municipal Government
Act.
2.4.3 After the notice of advertising required by the Municipal Government Act has
been completed, the applicant shall pay to the Municipality any additional amount
necessary to defray the cost of advertising or if there is a surplus the Municipality
shall refund the same to the applicant.
2.5
Uses Considered by Development Agreement
The Municipal Planning Strategy provides that the following uses shall be
considered, approved and regulated by Development Agreement:
(a)
residential apartment buildings, converted dwellings and town
house dwellings containing five (5) or more unit; Boarding and
Rooming Houses; and the development of grouped dwellings on a
single lot within the Residential Urban (RU) Zone by Development
Agreement.
(b)
Commercial Uses within the Commercial Genreal (CG) Zone larger
than 465 square meters (5,000 sq. ft.);
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February 2014, Amended to Nov. 2024
2.6
Registry of Deeds
Where Council has entered into a Development Agreement, a copy of the
agreement shall be registered by Municipality with the Office of the Registrar of
Deeds for the Municipality of Digby and thereupon the obligations thereof shall
be binding upon the owner and any subsequent owner until discharged by the
Municipality.
2.7
Liability for Costs
2.7.1 Where Council does not initiate an amendment to this By-law, the applicant, and
where Council is considering entering into a development agreement, the
applicant and/or the owner, shall pay an application processing fee and deposit
with the Municipalityan amount estimated to be sufficient to pay the cost of
advertising as required by the Municipal Government Act. If insufficient, after
advertising has been completed, the applicant shall pay to the Municipality any
additional amount relating to the actual costs relating to advertising.
2.7.2 Where a variance from the requirements of the By-law has been applied for the
Development Officer shall give notice to the persons entitled, and in the manner
prescribed by the Municipal Government Act. This notice is to be served by
registered mail and the applicant shall pay an application processing fee and be
responsible for the cost relating to registered mail service.
2.8
Violation
2.8.1 The Council, or any of its duly authorized employees, 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.
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February 2014, Amended to Nov. 2024
2.8.2 In the event of any alleged contravention of the provisions of this Land Use
By-law, the Municipality may take action as enabled through the Municipal
Government Act.
2.9
Effective Date of this By-law
This By-law shall take effect upon the publication of Notice that this By-law and
the accompanying Municipal Planning Strategy have been approved by the
Minister of Service Nova Scotia and Municipal Relations.
2.10 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 singular
number; and the word "used" includes "arranged", "designed" or "intended to be
used" and the word "shall" is mandatory and not permissive.
Part 3
Definitions
For the purpose of this By-law, all words shall carry their customary meaning except for
those defined in this Part.
1.
Abut means where properties, lots or yards share a common lot line or a
common point along a lot line.
2.
Accessory Building or Structure 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, or a building located completely underground.
3.
Accessory Use means a use subordinate and naturally, customarily or normally
incidental to and exclusively devoted to a main use of land or building and located on
the same lot.
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February 2014, Amended to Nov. 2024
4.
Act shall mean the Municipal Government Act, R.S. 1998, c.18, s.1, as
amended.
5.
Agricultural Use means the use of lands for the pasturing and keeping of
animals; the cultivation of land, and can also include the raising of crops under
artificial conditions. This shall also include necessary storage facilities; however,
does not include permanent facilities for the retail sale of these products.
6.
Agricultural Structures means any use or structure necessary for the cultivation
of vegetation and the raising of animals or fowl for sale purposes.
7.
Alter means any change in the structural component of a building, or any
increase in the volume of a building or structure.
8.
Amenity Space means the area situated within the boundaries of a residential
development site intended and capable of being used for recreational purposes, and
may include landscaped areas, patios, private amenity areas, verandahs, balconies,
communal lounges, swimming pools, play areas and similar uses, but does not include
any area occupied at grade by a building's service area, parking lots, aisles or access
driveways.
9.
Animal Hospital means the premises where animals are treated or treated and
kept on a temporary basis for monetary gain and shall not include an Animal Shelter
which is intended for the care of lost, abandoned or neglected animals .
10.
Apartment Building means a building containing three or more dwelling units
which have a common entrance from the street level and the occupants of which have
the right to use in common certain areas of the building and its property.
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February 2014, Amended to Nov. 2024
11.
Automobile Repair Shop means the use of a building or property for the repair
of automobile body and/or engine components and shall include detailing and painting
of automobile bodies.
12.
Automobile Service Station or Service Station means a building or part of a
building or a clearly defined space on a lot used for the retail sale of gasoline and
lubricating oils and may include the sale of automobile accessories and the servicing
and minor repairing essential to the actual operation of motor vehicles other than an
automobile washing establishment or an automobile sales establishment.
13.
Automobile Washing Establishment means a building or part thereof used for
the operation of automobile washing equipment which is automatic, or semi-automatic.
14.
Basement means that portion of a building between two floor levels which is
partly underground but which has more than one-half of its height from finished floor to
under-side of floor joists of the storey next above, above the adjacent average finished
grade level adjacent to the exterior walls of the building.
15.
Bed and Breakfast means a Single Family Dwelling in which there is a resident
owner or manager who provides overnight accommodation to the travelling public
through the use of a maximum of 6 bedrooms and capable of being licensed as a Bed
and Breakfast by the Province of Nova Scotia.
16.
Boarding or Rooming House means a dwelling in which the proprietor supplies
either room or room and board for monetary gain, to more than two persons exclusive of
the lessee or owner thereof or members of his family and which is not open to the
general public.
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February 2014, Amended to Nov. 2024
17.
Building means any structure whether temporary or permanent, used or built for
the shelter, accommodation or enclosure of persons, animals, material or equipment.
Any awning, bin, bunker, or platform, vessel or vehicle used for any of the said
purposes shall be deemed a building.
18.
Building Area means the maximum horizontal area of a building at grade
19.
Building Line means any line regulating the position of a building or structure on
a lot.
20.
Church means a building dedicated to religious worship and includes a church
hall, church auditorium, Sunday School, parish hall, and day nursery operated by the
church.
21.
Clinic means a building or a part of a building used 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 his residence.
22.
Commercial Motor Vehicle means any motor vehicle which is used for a
business activity and which has as its main purpose financial gain and includes
ambulance, truck, tractor, tractor trailers, buses, delivery vehicles and oil delivery trucks.
23.
Commercial School means a school of seven or more pupils gathered at one
time conducted for gain, and may include instruction in trades, skills or services such as
a secretarial, language, driving, art, modeling, beauty, dancing and music school and
does not include day-care, day nursery or nursery schools.
24.
Commercial Use means any use by which retail or wholesale trade is carried
out, and those other uses providing the sale of goods, materials or services.
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February 2014, Amended to Nov. 2024
25.
Community Centre means any tract of land, or 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.
26.
Construction Storage and Offices means premises used for the storgae of
construction materials, excluding sand and gravel, associated construction equipment,
and buildings for workshops and administration of a construction company and not
including retail sales.
27.
Converted Dwelling - See "Dwelling".
28.
Corner Vision Triangle means that part of a corner lot adjacent to the
intersection of the exterior lot lines measured from such intersection, the distance
required by this By-law, along each such street line and joining such points with a
straight line. The triangular shaped land between the intersecting lines and the straight
line joining the points the required distance along the street lines shall be known as the
"corner vision triangle".
29.
Council means the Council of the Munnicipality of Digby.
30.
Day Care and Day Nursery means a place where three of more preschool
children are cared for on a temporary daily basis without overnight accommodation, but
does not include a school.
31.
Development includes any erection, construction, alteration, replacement or
relocation of or addition to any structure and any change or alteration in the use made
of land, building or structures.
32.
Development Agreement means an agreement made pursuant to policies of the
onway Area Municipal Planning Stragey and provisions of the Municipal Government
Act.
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February 2014, Amended to Nov. 2024
33.
Development Officer means the officer of the Municipality of Digby from time to
time charged by the Municipality with the duty of administering the provisions of the
Land Use By-law.
34.
Dwelling means a building, occupied or capable of being occupied as a home,
residence or sleeping place by one or more persons, containing one or more dwelling
units and shall not include a hotel, a motel or an apartment hotel.
(a)
Converted Dwelling means a building converted to contain a greater
number of dwelling units than the building contained prior to that conversion.
(b)
Duplex Dwelling means a building that is divided horizontally into two
dwelling units each of which have an independent entrance either directly from
outside the building or through a common vestibule.
(c)
Multiple Unit Dwelling means a building containing three or more
dwelling units.
(d)
Semi-Detached Dwelling means a building that is divided vertically into
two dwelling units each of which has an independent entrance.
(e)
Single Detached Dwelling means a completely detached dwelling unit.
(f)
Townhouse or Rowhouse Dwelling means a building that is divided
vertically into three or more dwelling units, each of which has an independent
entrance, to a front and rear yard immediately abutting the front and rear walls of
each dwelling unit.
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February 2014, Amended to Nov. 2024
(g)
Triplex Dwelling means a building that is divided horizontally into three
dwelling units, each of which has an independent entrance either directly or
through a common vestibule.
35.
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.
36.
Duplex - see " Dwelling".
37.
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, structurally
alter any existing building or structure by an addition, deletion, enlargement or
extension.
38.
Established Building Line means the average distance of the existing building
from the street line of existing buildings in any block where more than half the frontage
has been built upon at the effective date of this By-law.
39.
Established Grade means, with reference to a building, the elevation of the
finished grade of the ground where it meets the exterior of such building and when used
with reference to a structure shall mean the average elevation of the finished grade of
the ground immediately surrounding such structures, exclusive in both cases of any
artificial embankment; and when used with reference to a street, road, or highway
means the elevation of the street, road, or highway established by the Municipality or
other designated authority.
40.
Existing means existing as of the effective date of this By-law.
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February 2014, Amended to Nov. 2024
41.
Floor Area
(a)
With reference to a Dwelling means the maximum area contained
within the outside walls excluding any private garage, porch, verandah,
sunroom, unfinished attic or basement and cellar or other room not habitable
at all seasons of the year.
(b)
Commercial Floor Area means the total usable floor area within a
building used for commercial purposes but excludes washrooms, furnace and
utility rooms, and common malls between stores.
(c)
Gross Floor Area means the aggregate of the floor areas of building
above or below grade, measured between the exterior faces of the exterior walls
of the building at each floor level but excluding car parking areas within the
building, and for the purpose of this clause, the walls of an inner court shall be
deemed to be exterior walls.
(d)
With references to a Dwelling Unit where more than one unit is contained
within a building, means the maximum floor area contained within the finished
wall surfaces of an individual dwelling unit, excluding closets, built-in cabinets
and storage areas, and balconies.
42.
Flanking Yard - see "Yard".
43.
Front Yard - see "Yard".
44.
Golf Course means a public or private area operated for the purpose of
playing golf or a related activity.
45.
Grade means the average elevation of the finished level of the ground at
the exterior walls of the building.
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February 2014, Amended to Nov. 2024
46.
Guest House means a dwelling where the owner/proprietor supplies either room
or rooms and where not more than six (6) rooms are so used and which is open to the
travelling public.
47.
Height means the vertical distance on a building between the established grade
and the highest point of the roof surface of the parapet, or a flat roof, whichever is the
greater; the decline of a mansard roof; or the mean level between eaves and ridges of a
gabled, hip, gambrel or other type of pitched roof; but shall not include any construction
used as ornament or for the mechanical operation of the building, a mechanical
penthouse, chimney, tower, cupola or steeple.
48.
Home Occupation means use of a dwelling for employment involving the
provision or sale of goods or services or both goods and services.
49.
Hospital means an institution for the treatment of persons afflicted with or
suffering from sickness, disease or injury.
50.
Hotel means a building or buildings or part thereof on the same site used to
accommodate the travelling public for gain or profit, by supplying them with sleeping
accommodation with or without meals but without private cooking facilities.
51.
Industrial Mall means a building or building complex containing two (2) or more
separate units, designed, developed and managed as a unit by a single owner, to be
occupied by unrealted industrial or commercial uses, and sharing common parking
areas and driveways.
52.
Industrial Use means the use of any building or land for the purpose of
fabricating manufacturing, altering, repairing, processing, breaking up, demolishing, or
treating of any article, commodity, or substance whatsoever.
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February 2014, Amended to Nov. 2024
53.
Intensive Livestock Operation means the commercial production of
swine, cattle or other livestock or rearing of animals for the production of fur including
the accessory the storage of animal wastes at levels in excess of limits established in
this By-law for Livestock Operations.
54.
Institution means a building or part of a building used by an organized body or
society for promoting a particular purpose with no intent of profit but shall not include a
private club.
55.
Institutional Use means any or all of the following uses
Churches, Places of Worship and Religious Institutions
Colleges, Universities and Non-commercial Schools
Fire Stations
Public Building - municipal, provincial, federal
Nursing Homes subject to the requirements of residential development
exceeding trhree (3) units
Hospitals
Libraries, Museums and Art Galleries
Municipal Public Works Facilities
Police Stations
Public or Private Utility
Any institutional use which is incorporated under the Societies Act, R.S. 1989, c.
435, s. 1, as amended, or any other private statute of incorporation.
56.
Kennel means a building or structure where animals, birds or other livestock
intended or used as domestic household pets are kept or boarded.
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February 2014, Amended to Nov. 2024
57.
Landscaping means any combination of trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, paving, screening or other architectural
elements, all of which is designed to enhance the visual amenity of a property or to
provide a screen to mitigate any objectionable aspects that may detrimentally affect
adjacent land.
58.
Light Warehousing means the long term storage of goods inside an enclosed
building, the goods being neither reactive chemical, nor toxic, nor perishable or odour
emitting, including but not necessarily restricted to reusable bottle storage and the long
term storage of furniture, household goods, crated used goods, or general merchandise,
and not including retail sales and service or delivery of retail goods on the premises.
59.
Livestock Operation means the commercial production of swine, cattle,
fowl or other livestock, excluding the production of fur and the accessory storage of
animal wastes, at activity levels not exceeding the maximum established in this By-law.
60.
Loading Space means a vacant area of land provided and maintained upon the
same lot upon which the principal use is located and which area:
(a)
is suitable for the temporary parking of at least one commercial motor
vehicle while merchandise or materials are being loaded or unloaded from such
vehicle, and such parking is not for the purpose of sale or display;
(b)
is not upon or partly upon any street, or highway.
61.
Lot means any parcel of land described in a deed as a lot or as shown as an
approved lot on in 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.
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February 2014, Amended to Nov. 2024
(b)
Interior Lot means a lot situated between two lots and having access to
one street.
(c)
Through Lot means a lot bounded on two opposite sides by streets or
highway provided, however, that if any lot qualifies as being both a Corner Lot
and Through Lot as hereinbefore defined, such lot shall be deemed to be a
Corner Lot for the purpose of this By-law.
62.
Lot Area means the total horizontal area within the lot lines of a lot.
63.
Lot Coverage means that percentage of the lot covered by the building area but
excluding that portion of any building that is constructed entirely below grade.
64.
Lot Depth means the horizontal distance between the front and rear lot lines.
Where these lot lines are not parallel, the lot depth shall be the length of a line joining
the mid- points of the front and rear lot lines.
65.
Lot Frontage means the length of a line measured at the front lot line joining the
side lot lines and parallel to the front lot line.
66.
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.
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February 2014, Amended to Nov. 2024
(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.
(d)
Flanking Lot Line means a side lot line which abuts the street on a corner
lot.
67.
Lounge means a premise that sells liquor and wine by the glass and beer by the
glass or bottle and is licensed under the Nova Scotia Liquor Control Act as a lounge.
68.
Main Building means the building in which is carried on the principal purpose for
which the building lot is used.
69.
Main Wall means the exterior front, side or rear wall of a building, and all
structural members essential to the support of a fully or partially enclosed space or roof.
70.
Maximum Lot Coverage means that percentage of the lot area covered by all
building above ground level and shall include that portion of such lot area which is
occupied by a building or portion thereof which is completely below ground level, and for
the purpose of this definition the maximum lot coverage in each zone shall be deemed
to apply only to that portion of such lot which is located within said zone.
71.
Manufactured Dwelling means a transportable, single or multiple-section
dwelling unit certified by the Canadian Standards Association prior to placement on a
site as being compliant with the CAN/CSA-Z240 Series Standard at the time of
manufacture.
72.
Manufactured Home Park means an establishment comprising land on
premises under single ownership designed and intended for residential use where
residence is in manufactured homes exclusively but does not include public camping
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February 2014, Amended to Nov. 2024
grounds maintained by the Municipality or any department of the Provincial or Federal
Government for seasonal use or a private campground for seasonal use.
73.
Manufactured Home Sales means a premise devoted to the sale of new and
used manufactured homes and associated equipment and service, including
administrative offices.
74.
Market Garden and Garden Nursery means the growing of plants outdoors or
under glass, together with the sale of related gardening needs, equipment and produce.
75.
Masts and Broadcasting Towers means stuctures, either self supporting or
guyed, on which broadcasting and/or receiving antennae are mounted.
76.
Maximum Lot Coverage means the percentage of the lot area covered by all
building above ground level and shall include that portion of such lot area which is
occupied by a building or portion therefo which is completely below ground level, and for
the purposes of this definition the maximum lot coverage in any zone shall be deemed
to apply only to that portion ofof such lotwhich is located within the same zone.
77.
Medical Clinic means a building used wholly for the medical, dental, surgical, or
therapeutic treatment of human beings and includes pharmacies, medical equipment
suppliers, health care offices and other professional and commercial uses related to
medical care, but does not include a hospital.
Mixed Use Commercial/Residential Development means a purpose built structure,
located within the Commercial General (CG) Zone which contains both commercial and
residential occupancies. Residential occupancy shall be limited to a maximum of forty-
nine percent (49%) of the ground floor/at-grade building area and shall not face the
public street. The occupancy of ground floor/at-grade building facing and abutting a
public street shall be restricted to commercial uses only. (Amended Nov. 2024)
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February 2014, Amended to Nov. 2024
78.
Motel means a building or buildings or part thereof on the same site used to
accommodate the travelling public for gain or profit, by supplying them with sleeping
accommodation, with or without meals.
79.
Municipality means the Municipality of Digby.
80.
Non-Commercial School means a public or private academic, religious or
philanthropic school not operated for monetary gain.
81.
Non-Conforming Use means any use of land or building or structure
constructed, or being constructed, on or before the effective date of this By-law which
has a prohibited use when subjected to this By-law.
82.
Nursing Home means a building wherein nursing care, room and board are
provided to individuals incapacitated in some manner for medical reasons but does not
include a hospital or a senior citizen complex.
83.
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.
84.
Office means a room where business may be transacted, a service performed or
consultation given but shall not include the manufacturing of any product or the retail
selling of goods.
85.
Office and Professional Use means a building or part thereof in which the
principal or main use is the provision of professional services to the public.
86.
Open Space Use means any or of the following uses
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February 2014, Amended to Nov. 2024
Cemeteries
Community Centres
Golf Courses and Boat Clubs
Marinas and Boat Clubs
Pavilions, Band Shells
Private Parks and Recreation Areas
Private Recreation Centres
Public Parks & Recreation Areas
Public Recreation Structures & Buildings
Buildings and structures accessory to the foregoing including a refreshment
booth or pavilion
87.
Outdoor Display means the display of retail goods or materials intended for the
immediate sale to the general public which are not enclosed within a structure.
88.
Outdoor Storage means the storage of goods or materials not intended for
immediate sale to the general public which are not enclosed within a structure.
89.
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 or
control of any land or building in the event of the absence or disability of the person
having the title thereof.
90.
Parking Lot and Parking Area 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 and which has adjacent access to
permit ingress or egress of motor vehicles to a street or highway by means of
driveways, aisles or maneuvering areas where no parking or storage of motor vehicles
is permitted.
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February 2014, Amended to Nov. 2024
91.
Parking Space means an area of not less than one hundred and sixty (160)
square feet, measuring eight (8) feet by twenty (20) feet exclusive of driveways or
aisles, for the temporary parking or storage of motor vehicles.
92.
Personal Service Shop means a building or part of a building in which persons
are employed in furnishing services and otherwise administering to the individual and
personal needs of persons, and without limiting the generality of the foregoing may
include such establishments as barber shops, beauty parlours, automatic laundry
shops, hairdressing shops, shoe repair and shoe shining shops, and depots for
collecting dry cleaning and laundry, but excludes any manufacturing or fabrication of
goods for sale.
93.
Private Club means a building or part of a building used as a meeting place for
members or an organization and may include a lodge, a fraternity, or sorority house,
and a labour union hall.
94,
Private Park means a park other than a public park which is privately owned and
operated.
95.
Professional Office means a building or structure where business may be
transacted, a service performed or consultation given but shall not include the
manufacturing of any product or the retailing or selling of goods.
96.
Public Authority means Her Majesty the Queen in the Right of Canada, the
Province of Nova Scotia, the Municipality of Digby or any Board, Commission or
Committee of the Municipality established by or exercising any power or 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 the By-law of the Municipality.
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February 2014, Amended to Nov. 2024
97.
Public or Private Utility means a system, works, plant, equipment or service
whether owned or operated by or for the Municipality, or by a corporation, or under a
federal or provincial statute which furnishes services including but not limited to:
communication by way of telephone or telegraph;
public transportation;
production, transmission, deliver or furnishing of water, gas or electricity to the
public at large;
collection and disposal of sewage, excluding septic tank sludge dumping
stations; and
fire departments.
98.
Public Park means a park owned or controlled by a Public Authority.
99.
Recreation Use means the use of land for parks, playgrounds, tennis courts,
lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses,
picnic areas, swimming pools, day camps, trails for hiking, cycling, snowmobiling, and
skiing, community centres and similar uses to the foregoing, together with necessary
and accessory buildings and structures, but not including a track for the racing of
animals, or any form of motorized vehicles.
100. Recreation Vehicle Sales and Service Establishment means premises
devoted to the sale of new and/or used recreation vehicles, including, but not limited to,
boats, snowmobiles, travel trailers and the e like, and to the servicing and repair thereof.
101. Required Setback - see Setback
102. Research and Development Facilities means premises used for the research
and development of electrical, chemical, clinical or industrial products, providing such
activities are not obnoxious by reason of sound, odour, dust, fumes, smoke or other
obnoxious or dangerous emissions.
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February 2014, Amended to Nov. 2024
103. Restaurant means a building or part thereof where food and drink is served to
the public for consumption within the building or for takeout but not for consumption in
parking areas appurtenant to the building.
104. Restaurant, Drive in means a building or part thereof where food and drink is
served to the public for consumption in parking areas appurtenant to the building
whether or not facilities are provided for consumption within the building.
105. 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.
106. Road - see "Street".
107. Rowhouse Dwelling - see "Dwelling".
108. Scrap Yard and Salvage Yard means a lot or premises for the storage or
handling of scrap material and without limiting the generality of the foregoing, shall
include waste paper, rags, bones, bottles, used bicycles, vehicles, tires, metal or other
scrap material or salvage.
109. Semi-Detached Dwelling - see "Dwelling"
110. Service Industries includes the processing of milk and dairy products, a bakery,
a public garage including engine and body repair shop, a printing establishment, a
laundry or cleaning establishment, a paint shop, a plumbing shop, sheet metal shop and
similar uses.
111. Service 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 motor vehicle repair shops.
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February 2014, Amended to Nov. 2024
112. Service Station - see Automobile Service Station
113. Setback means the distance between the street line and the nearest main wall of
any building or structure and extending the full width or length of the lot. Required
Setback means the minimum setback as prescribed by the Land Use By-law.
114. Shopping Centre, Shopping Plaza and Shopping Mall means a separate use
of land containing a building or building complex on a lot designed, developed and
managed as a unit by a single owner or tenant, or a group of commercial uses,
distinguished from a business area comprising unrelated individual uses and
characterized by the sharing of common parking areas and driveways.
115. Sign means any structure, device, light or natural object including the ground
itself, or any part thereof, or any device attached thereto, or painted or represented
thereon, which shall be used to identify, advertise, or attract attention to any object,
product, place, activity, person, institution, organization, form, group, commodity,
profession, enterprise, industry or business, or which shall display or include any letter,
work, model, number, banner, flag, pennant, insignia, device or representation used as
an announcement, direction, or advertisement, and which is intended to be seen from
off the premises or from a parking lot. The word "sign" shall include signs which are
affixed to the inside of windows and glass doors and are intended to be seen from
roadways or parking lots. No other indoor sign shall be deemed a sign within this
By-law.
(a)
Canopy / Awning Sign means any sign attached to or forming part of a
canopy or awning.
(b)
Facial Wall Sign means a sign which is painted upon a building wall, or is
attached to and supported by a wall of a building.
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February 2014, Amended to Nov. 2024
(c)
Ground Sign means a sign supported by one or more up-rights, poles or
braces placed in or upon 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)
Off Premises Sign means a sign that is related to a business premise
that is not located on the building or lot on which the sign is placed.
(f)
Projecting Wall Sign means a sign which projects from and is supported
by a wall of a building.
(g)
Reader Board Sign means a sign designed with removable letters,
marks, symbols, or pictorials or any combination of these to allow for periodic
revisions of the sign message, but does not include signs used by theatres, art
galleries, arenas, churches or similar premises, for the purpose of identifying a
program or event that will take place at the premise.
(h)
Roof Sign means a sign supported by one or more uprights, poles or
braces placed upon the roof of a building.
(i)
Sandwich Board Sign means a sign which is composed of two hinged or
otherwise joined boards which leans on the ground.
(j)
Sign Area means the area of the smallest triangle, rectangle of circle or
semi-circle which can wholly enclose the surface area of the sign. All visible
faces of a multifaced 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 smallest triangle, rectangle or circle or semi-circle which can
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February 2014, Amended to Nov. 2024
totally circumscribe the sign in the plane of its largest dimension is considered
the sign area.
(k)
Number of Signs means that 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.
(l)
Temporary Sign means a sign that is designed to accept a changable
advertising message, to be illuminated and mounted on a base designed to be
moved from location to loccation.
(m)
Mast or Pylon Sign means a ground sign having an overall hieght
exceeding 10. 6meters (35 ft.).
116. Single Detached Dwelling - see "Dwelling".
117. Split Level Dwelling - see "Dwelling".
118. Storey means that portion of a building which is situated between the top of any
floor and the top of the floor next above it, and if there is no floor above it, that portion
between the top of such floor and the ceiling above it.
119. Street or Road means the whole and entire right-of-way of every highway, road,
or road allowance vested in the Province of Nova Scotia or the Municipality of Digby
and also includes private roads as defined in the Municipality of Digby's Subdivision
By-law.
120. Street Line means the boundary line of a street.
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February 2014, Amended to Nov. 2024
121. Structure means anything that is erected, built, or constructed of parts joined
together or any such section fixed to or supported by the soil or by any other structure.
A structure shall include buildings, walls and signs and also fences exceeding 1.8
meters (6 ft.) in height.
122. Telecommunications Tower, Antennas, Buildings and Equipment means
any facilities, apparatus or other structure that is used for telecommunication
transmissions purposes.
123. Technology and Related Industries means the research, development and
manufacturing of electronic equipment and related products.
124. Tourist Establishment means a building or buildings which are used to
accommodate the travelling public for gain or profit by supplying them with sleeping
accommodation, with or without meals, and shall include a guest home, tourist cabins, a
motel, an auto court and a hotel.
125. Tower means any structure that is designed and constructed primarily for the
purposes or supporting one or more antennas, including self-supporting lattice towers,
guy towers or monopole towers and includes personal wireless service facilities
including radio and television transmission towers, microwave towers, common-carrier
towers and cellular telephone towers.
126. Town shall mean the Town of of Digby.
127. Townhouse Dwelling - see "Dwelling".
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February 2014, Amended to Nov. 2024
128. Travel Trailer or Recreational Vehicle means any vehicle or similar portable
structure not exceeding one-hundred and two (102) inches wide and thirty two (32) feet
long supported by wheels designed for travel, recreational and vacation uses, to provide
dwelling accommodation of a temporary nature.
129. Triplex Dwelling - see "Dwelling".
130. Warehouse means a building where wares or goods are stored but shall not
include a retail store.
131. 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-
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February 2014, Amended to Nov. 2024
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 flankage lot line and the
nearest main wall of any building or structure.
132. Yard Sale means the sale of new or used household goods from a residential
property, whether from the yard of a lot, an accessory building or from within the main
residence. Each ten-hour period shall be considered a separate yard sale.
133. Zone means a designated area of land shown on the Schedules of this By-law.
Part 4
Zones and Zoning Maps
4.1
Zones
For the purpose of this By-law, the Conway Area is divided into the following
zones, the boundaries of which are shown on the attached schedule. Such zones
may be referred to by the appropriate symbols. The provisions of this By-law
shall apply to all such zones.
Zone
Symbol
Residential Rural
RR
Residential Urban
RU
Commercial General
CG
Industrial Enterprise
M
Recreation and Open Space
OS
4.2
Zoning Map
Schedule A, attached hereto, is titled the "Zoning Map" and forms part of this
By-law.
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February 2014, Amended to Nov. 2024
4.3
Zoning Boundaries
The extent and boundaries of all zones are shown on Schedule A attached.
4.4
Interpretation of Zone Boundaries
Boundaries between zones, as shown on Schedule A, shall be determined as
follows:
(a)
where a zone boundary is indicated as approximately following lot line, the
boundary shall follow such lot lines; and
(b)
where a street, highway, railroad or rail right-of-way, electrical
transmission line right-of-way, watercourse or other linear feature is
included on Schedule A, it shall, unless otherwise indicated, be included in
the zone in which it occurs; and
(c)
where a street, highway, railroad or rail right-of- way, electrical
transmission line right-of-way, watercourse or other linear feature is
included on Schedule A and serves as a boundary between 2 or more
zones, a line midway on such right-of-way, watercourse or other linear
feature, and extending in the general direction of the long division thereof,
shall be considered the boundary between zones unless specifically
indicated otherwise; and
(d)
where the zone boundary is indicated as following the shoreline of a river
or bay, the boundary shall follow the actual shoreline, including wharves
and piers; and
(e)
Where none of the above provisions apply, and where appropriate, the
zone boundary shall be scaled from the attached Schedule A.
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February 2014, Amended to Nov. 2024
4.5
Standards of Measurement
The metric system of measurement is used throughout this By-law and in all
cases represents the required standard. Any reference to imperial measurements
are approximate and for convenience only.
Part 5
General Provisions for All Zones
5.1 Permitted Uses
For the purpose of this By-law, if a use is not listed as a permitted or conditional
use in any zone, it shall be deemed to be a prohibited use in that zone and no
person shall use any land, or erect, alter, or use any building or structure for any
such use.
5.2 Special Conditions
For the purpose of this By-law, if a use is listed subject to any special conditions,
it shall be permitted subject to fulfilling any special requirements as defined in
this By-law.
5.3
Accessory Buildings
5.3.1 Accessory uses, buildings and structures shall be permitted in any zone within
the Conway Area but shall not:
(a)
be used for human habitation;
(b) be located within the front yard of a lot;
(c)
where an accessory building is built on a corner lot, it shall be
located in the rear yard or in the side yard which is not adjacent to
the flanking street;
(d)
be built closer to a street on which the main building fronts than the
main building is to that street;
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February 2014, Amended to Nov. 2024
(e) be built closer than .6 meters (2 ft.) to a lot line except that common
semi-detached garages may be centered on the mutual side lot
line;
(f) exceed 6.1 meters (20 ft.) in height, except for accessory buildings
in the Commercial Genreal (CG) and Industrial (M) Zones which
shall be a maximum height of 10.6 meters (35 ft);
(g) exceed 40 square meters (430.6 sq. ft.) in total floor area, except
that there shall be no maximum floor area for accessory structures
in the Commercial or Commercial/Industrial Enterprise Zones; and
(h)
be built within 2 meters (6.5 ft.) of the main building.
5.3.2
The maximum number of accessory structures which shall be permitted in
any Residential Zone shall not exceed three (3).
5.3.3
Notwithstanding anything else in this By-law, drop awnings, clothesline
poles, flag poles, garden trellises, fences and retaining walls shall be
exempted from any requirements under Part 5.3.1.
5.3.4
Notwithstanding anything else in this By-law Commercial Transportation
Containers, "TEU"/ "Twenty-foot Equivalent Units", shall not be considered
as accessory structures and shall not be permitted to be located or used in
any zone other that the Commercial General (CG) and Industrial (M)
Zones.
5.4
Accessory Uses Permitted
Where this By-law provides that any land may be used or a building or structure
may be erected or used for a purpose, the purpose includes any use accessory
thereof.
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February 2014, Amended to Nov. 2024
5.5
Building to be Erected on a Lot
No person shall erect or use any building unless such building is erected upon a
single lot.
5.6
Building to be Moved
No person shall move any building residential or otherwise, within or into the area
covered by this By-law without obtaining a development permit from the
Development Officer.
5.7
Calculation of Lot Frontage for Corner Lots or Irregular Shaped Lots
The following means shall be used for the purposes of determining the lot
frontage of corner lots or irregularly shaped lots:
(a)
In the case of a corner lot with a corner vision triangle the exterior lot lines
(street lines) shall be deemed to extend to their hypothetical point of
intersection for the purpose of calculating the frontage;
(b)
In the case of other lots, lot frontage shall be deemed to be the horizontal
distance between the side lot lines. This distance shall be measured
perpendicularly to a line joining the middle of the front lot line with the
middle of the rear lot line, at a point along this equal to the minimum
applicable front yard.
5.8
Corner Vision Triangle
On a corner lot a fence, sign, hedge, shrub, bush or tree or any other structure or
vegetation shall not be erected or permitted to grow to a height greater than .6
meters (2 ft.) above grade of the streets that abut the lot within the triangular area
included within the street lines for a distance of 6.1 meters (20 ft.) from their point
of intersection.
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February 2014, Amended to Nov. 2024
5.9
Existing Buildings
Where a building has been erected on or before the effective date of this By-law
on a lot having less than the minimum frontage or area, or having less than the
minimum setback or side yard or rear yard required by this By-law the building
may be enlarged, reconstructed, repaired or renovated provided that:
(a)
the enlargement, reconstruction, repair or renovation does not further
reduce the front yard or side yard or rear yard that does not conform to
this By-law; and
(b)
all other applicable provisions of this By-law are satisfied.
5.10 Existing Lots
Notwithstanding anything else in this By-law, the use of a building existing on a
lot on the effective date of this By-law may be changed to a use permitted on the
lot where the lot width, front yard, or area required is less than the requirements
of this By-law provided that all other requirements of this By-law are satisfied.
5.11 Existing Undersized Lots
Notwithstanding anything else in this By-law, a vacant lot in existence on the
effective date of this By-law, having 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 such as use, side yards, setbacks, and lot coverage
in this By-law are satisfied. In addition, such existing undersized lots may
undergo an increase in size and/or frontage undersized as a result of subdivision
and still be considered as an existing undersized lot under this By-law.
5.12 Existing Uses
(a)
Land uses which were in existence on or before the effective date of this
By-law and which are still in existence and which would not be permitted
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February 2014, Amended to Nov. 2024
as new uses in the Zone in which they are located shall be regarded as
conforming uses for the purposes of this By-law, provided that they are
listed in the zone in which they are located or satisfactory documentation
can be provided by the property owner to substantiate the existence of the
use before the effective date of this By-law.
(b)
Land uses which were in existence on or before the effective date of this
By-law and which are still existence and which are not included as
permitted uses within the zone in which they are located shall be regarded
as non-conforming and shall be subject to provisions of the Municipal
Government Act.
5.13 Fences
(a)
A Development Permit shall not be required for fences which do not
exceed 2 meters (6.6 ft.) in height.
(b)
A Development Permit shall be required for fences exceeding 2 meters
(6.6 ft.) in height.
(c)
Fences shall be limited to a maximum height of 2.4 meters (8 ft.) in all
Residential Zones and 3.6 meters (12 ft.) in all other Zones.
(d)
All fences, regardless of whether a Development Permit and/or a Building
Permit is required, shall conform to the following general requirements:
(i)
corner vision triangle restrictions shall apply for all corner lots;
(ii)
fences cannot be electrified;
(iii)
fences cannot contain barbed wire unless erected in conjunction
with a permitted industrial use and in such cases barbed wire is
prohibited from use in any yard which abuts a Residential Zone.
5.14 Frontage on a Street
No development permit shall be issued unless the lot or parcel or land intended
to be used or upon which the building or structure is to be erected, abuts and
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February 2014, Amended to Nov. 2024
fronts upon a public or private street or with respect to Institutional uses that the
lot is connected to a public street by means of an easement for right-of-way and
access that is assignable and perpetual and has been granted by deed
registered in the Registry of Deeds.
.
5.15 Front Yard for a Through
In the case of a through lot, the front yard shall be deemed to be any yard which
abuts either of the two opposite public streets.
5.16 Height Regulations
The height regulations of this By-law shall not apply to church spires, water
tanks, elevator enclosures, silos, flagpoles, television or radio antennae,
ventilators, skylights, chimneys, clock towers, lighthouses or domestic wind
turbines.
5.17 Illumination
No person shall erect any sign or illuminate in an area outside any building
unless such illumination is directed away from adjoining properties and any
adjacent streets.
5.18 Licenses, Permits and Compliance with other By-laws
(a)
Nothing in this By-law shall exempt any person from complying with the
requirements of other By-laws or regulations in force within the
Municipality or from obtaining any license, permission, permit, authority or
approval required thereunder.
(b)
Where the provisions in this By-law conflict with those of any other
municipal or provincial requirements, the higher or more stringent
provisions shall prevail.
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February 2014, Amended to Nov. 2024
5.19 Loading Spaces
(a)
For every building or structure to be erected or enlarged, or structure for
manufacturing, storage, warehouse, department store, retail store, wholesale
store, market, freight or passenger terminal, hotel, hospital, mortuary or other
uses involving the frequent shipping, loading or unloading of persons, animals,
or goods, there shall be located on the same premises with every such building,
structure or use, one off street space for standing, loading, and unloading for
every 2787 square meters (30,000 sq. ft.) or fraction thereof of building floor area
in excess of 278 square meters (3,000 sq. ft.) to a maximum of six (6) loading
spaces.
(b)
Each loading space shall be at least 3.6 meters (12 ft.) by 12.2 meters (40 ft.)
with a minimum of 4.3 meters (14 ft.) height clearance.
(c)
The provision of a loading space is not required for any building less than 278
square meters (3,000 sq. ft.) in area.
(d)
No such loading spaces shall be located within any required front yard or be
located with any required yard which abuts a Residential, Recreation and Open
Space Zone.
(e)
Loading space areas, including driveways leading thereto, shall be constructed of
and maintained with a stable surface which is treated so as to prevent the raising
of dust or loose particles.
(f)
Ingress and egress to and from the required loading space areas shall be
provided by means of unobstructed driveways of a minimum width of 3.1 meters
(10 ft.) for one-way traffic or a minimum of 6.1 meters (20 ft.) for two-way traffic.
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February 2014, Amended to Nov. 2024
5.21 Maximum Permitted Projection into a Required Yard
Except for accessory buildings, every part of any yard required by this By-law
shall be open and unobstructed by any structure from the ground to the sky
provided, however, that those structures listed in the following table shall be
permitted to project into a yard for the specified distances indicated as follows:
Structure
Yard
Maximum Projection
Sills, belt course, cornice, eaves,
gutters, chimneys, pilasters or
canopies
Window Bay
Fire Escapes and exterior
staircases
Open/roofed porches not
exceeding one storey,
uncovered terraces
Any yard
Front, rear and Flanking
yards only
Rear and side yards only
Flanking yards only for single
unit, semi-detached, duplex
and triplex dwellings, any
yard for other residential
dwellings
.6 meters (24 in.)
1 meter (3 ft.) and a
maximum width of 3 meter
(9.8 ft.)
2 Meters (6.5 ft.)
2.4 meters (8 ft.) including
eaves and cornices
5.22 Multiple Uses
Where any land or building is used for more than one purpose, all provisions of
this By-law relating to each use shall be satisfied. Where there is conflict, such as
in the case of lot size or lot frontage, the higher or more stringent standard shall
prevail.
5.23 One Main Building to a Lot
No person shall erect more than one (1) main building on a lot except for:
grouped dwellings located within the Residential Urban (RU) Zone approved by
Development Agreement pursuant to Policy R-4; buildings located in a
Commercial General (CG) or Industrial (M) Zones.
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February 2014, Amended to Nov. 2024
5.24 Outdoor Wood Furnaces
Outdoor wood furnaces shall be prohibited in all zones.
5.25 Parking Requirements
For every building or structure to be erected or enlarged, off street parking
located within the same zone as the use and having unobstructed access to a
public street or a private road, shall be provided and maintained in conformity
with the following Schedule:
Type of Use
Parking Required
Dwelling containing not more than three (3)
dwelling units
All other dwellings containing four (4) or more
dwelling units
Churches, church halls, auditoria, restaurants,
private clubs and other places of assembly
Hospitals and Nursing Homes
Public Senior Citizens Apartments
Hotels, motels and guest houses
Offices
One (1) space per unit
One and one half (1.5) spaces per unit
Where there are fixed seats one (1) space for
every five (5) seats. Where there are no fixed
seats one (1) space for each 9.3 square
meters (100 sq. ft.) of floor area devoted to
public use
One (1) space for each two (2) beds or each
122 square meters (400 sq. ft.) of floor area
whichever is greater
One (1) space for every two (2) dwelling units
One (1) space per rental unit or suite plus one
(1) space for each 4.6 square meters (50 sq.
ft.) of floor area devoted to public use
exclusive of lobbies and hallways
One (1) parking space per 27.8 square
meters (300 sq. ft.) of floor area
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February 2014, Amended to Nov. 2024
Shopping Centre
Funeral Home
Bowling Alleys and Curling Rinks
All other Commercial Uses
Elementary Schools
High School
Industrial Uses
Total parking area to be three (3) times the
total floor area exclusive of common area
One (1) parking space for each five (5) seats
capacity of chapel, with a minimum of ten (10)
parking spaces
One (1) parking space for each two (2)
persons in the designed capacity where
design capacity means six (6) persons per
bowling lane and eight (8) persons per curling
sheet. In other parts of the building additional
parking spaces shall be provided in
accordance with the requirements set out in
this By-law for the use to which the other
parts of the building may be put
One (1) parking space for each 27.8 square
meters (300 sq. ft.) of floor area
One and one half (11/2) parking spaces for
each teaching classrooms
Four (4) parking spaces for each teaching
classrooms
One (1) parking space for each 93 square
meters (1,000 sq. ft.) of floor area plus
additional parking spaces shall be provided in
accordance with the requirements set out in
this By-law for the use to which the other
parts of the building may be put
5.26 Parking Area Standards
Where parking facilities for more than four (4) vehicles are required or permitted:
(a)
the parking area shall be maintained with a stable surface that is treated to
prevent the raising of dust or loose particles;
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February 2014, Amended to Nov. 2024
(b)
the lights used for illumination of the parking lot or parking station shall be
so arranged as to divert the light away from streets, adjacent lots and
buildings;
(c)
a structure, not more than 4.6 meters (15 ft.) in height and not more than
4.6 square meters (50 sq. ft.) in area may be erected in the parking area
for the use of attendants
(d)
the parking area shall be within 91 meters (300 ft.) of the location which it
is intended to serve;
(e)
when the parking area is of a permanent hard surfacing, each parking
space shall be clearly demarcated and maintained as such:
(f)
no gasoline pumps or other service station equipment shall be located or
maintained on the parking lot;
(g)
approaches or driveways to any parking area, other than that required for
a single family dwelling, semi-detached, or a duplex dwelling shall be
defined by a curb of concrete or rolled asphalt and the limits of the parking
area shall be defined by a fence, curb or other suitable obstruction
designed to provide a neat appearance
(h)
in addition the location of approaches or driveways shall be not closer
than 15.2 meters (50 ft.) from the limits of the right-of-way at street
intersection;
(i)
entrance and exit ramps to parking areas shall not exceed two (2) in
number and each such ramp shall be a width of 7.6 meters (25 ft.) at the
street line and edge of pavement;
(j)
the width of a driveway leading to a parking or loading area, or of a
driveway or aisle in a parking area, shall be a minimum of 3.1 (10 ft.) if for
one-way traffic, and the maximum width of a driveway shall be 6.1 meters
(25 ft.).
5.27 Public Uses
This By-law does not apply to the use of land or the use, construction or
reconstruction of any building or structure by the Municipality or by the
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February 2014, Amended to Nov. 2024
Municipality in cooperation with another government body for the purposes of
providing public services or facilities.
5.28 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 a non-
conforming use the provision of the Municipal Government Act of shall prevail.
5.29 Side Yards on Corner Lots
Notwithstanding anything else in this By-law, on a corner lot in any zone, no part
of any building other than accessory buildings shall be erected closer to the lot
line of the flanking street than 1.8 meters (6 ft.).
5.30 Structure to be Moved
No person shall move a structure within or into the area covered by this By-law
without obtaining a Development Permit from the Development Officer.
5.31 Temporary Uses Permitted
(a)
Nothing in this By-law shall prevent uses incidental to construction such as a
construction camp or other such temporary work camp, a tool shed, scaffold, or
similar building incidental to construction providing that a development permit has
been issued for such construction.
(b)
Nothing in this By-law shall prevent structures erected for special occasions and
holidays provided only that no such use remains in place more than 14
consecutive days. This shall include outdoor display for special retail promotions.
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February 2014, Amended to Nov. 2024
5.32 Truck, Bus and Coach Bodies
No trucks, bus, coach or street car body, or structure of any kind, other than a
mobile home or dwelling unit erected and used in accordance with this and all
other By-laws of the Municipality, shall be used for human habitation within the
Conway Area whether or not same is mounted on wheels.
5.33 Variance
5.33.1
Notwithstanding anything in this By-law the Development Officer may
grant a variance subject to provisions of the Municipal Government Act in
relation to:
(a) The percentage of land that may be built upon;
(b) The size or other requirements relating to yards;
(c) Lot frontage; and/or
(d) Lot area.
5.33.2
The Development Officer may also grant a variance in relation to the
following:
(a) The number of parking spaces and loading spaces required;
(b) Ground area and height of a structure;
(c) Floor area occupied by a home-based business; and/or
(d) The height and area of a sign.
5.34
Wellfield Protection Overlay and Restricted Uses
(a)
Schedule B of this By-law, the ``Digby Wellield Protection Area Overlay`` shall
identify those lands within the Conway Area which have been delieated as being
a part of the Digby Wellfield Recharge Area (Hiltz and Seamone, 2009).
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February 2014, Amended to Nov. 2024
(b)
Notwithstanding any other provisions of this By-law, the following uses shall be
probibited on lands which are included in ``Digby Wellield Protention Area
Overlay``:
Automobile Service Stations
Bulk Oil and Fuel Storage
Dry Cleaning Establishments
Fertilizer Manufacturing and Storage
Ready Mix Concrete and Asphalt Paving Plants
Processing and/or Stroage of Quarried Materials
Intensive Livestock Operations
Automotive and Auto Body Repair
Scrap and Salvage Yards
Part 6
Signs and Signage
6.1
General Provisions
(a) Where this part is inconsistent with the regulations respecting advertising
signs on or near public highways made or administered by the Nova
Scotia Department of Transportation and Infrastructure Renewal, the more
restrictive regulations shall apply;
(b) No person shall erect a sign without first obtaining a Development Permit,
unless otherwise stated in this By-law; and
(c) Signs must be located on the same lot as the product or dealer for the
product, service or structure to which the sign relates, unless otherwise
permitted in this By-law.
(d)
Notwithstanding 5.34.1(c) above Institutional uses may be permitted to
erect way finding and/or location signage to a maximum of two (2) signs,
each sign to not exceed a maximum sign area of 1.5 square meters (16
sq. ft).
6.2
Safety and Maintenance of Signs
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February 2014, Amended to Nov. 2024
(a)
Every sign and all parts thereof, including framework, supports,
background, anchors and wiring systems shall be constructed and
maintained in compliance with the building, electrical, and fire
prevention By-laws.
(b)
All signs and all parts thereof shall be kept in a good state of repair
and maintenance.
6.3
Signs Prohibited in all Zones
The following signs shall not be permitted in any zone:
(a)
Signs which by reason of flashing or moving illumination or moving
parts may be confused by the motorist with traffic control signs or
lights;
(b)
Any sign or sign structure which constitutes a hazard to public
safety or health;
(c)
Signs which by reason of size, location, content, colouring, or
manner of illumination obstruct the vision of drivers, either when
leaving a roadway or effectiveness of any traffic sign or control
device on public streets and roads;
(d)
Any sign which obstructs free ingress to or egress from a fire
escape door, window or other required exit way;
(e)
Signs not erected by a public authority which make use of words
such as "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD", or
any similar words, phrases, symbols, lights, or characters in such
manner as to interfere with, mislead, or confuse traffic along a
public road;
(f)
Any sign which no longer advertises a bona fide business
conducted, or a product sold;
(g)
Signs on public property or public right-of-way, unless erected by a
governmental body, or unless required to be so located by order of
47
February 2014, Amended to Nov. 2024
a governmental body, but no sign located on public property or a
public right-of-way shall bear any commercial advertising;
(h)
Signs not erected by a public authority which are located at or near
sharp road curves or below the crest of a steep road grade;
(i)
Signs painted on, attached to, or supported by a tree, stone, cliff or
other natural objects;
(j)
String lights, other than temporary holiday decorations which are
unshielded from off the property on which they are located;
(k)
Searchlights, pennants, spinners, banners, and streamers except
for occasions such as grand openings, county fairs, public festivals,
exhibitions and similar occasions; and
(l)
Signs not related to any business or use located on the lot or
premises.
6.4
Signs Permitted in All Zones
The following signs are permitted in all zones and do not require a permit
pursuant to this Part.
(a)
Signs identifying name and address of resident and of not more
than 0.5 square meters (5 sq. ft.) in sign area.
(b)
"No Trespassing" signs or other such signs regulating the use of a
property and of not more than 0.18 square meters (2 sq. ft.) in sign
area.
(c)
Real estate signs not exceeding 0.5 square meters (5 sq. ft.) in sign
area in a Residential Zone and 1 square meters (10 sq. ft.) in other
zones.
(d)
Signs regulating or denoting on-premises traffic, parking or other
signs denoting the direction or function of various parts of a building
or premise provided that such signs are less than 0.5 square
meters (5 sq. ft.) in sign area.
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February 2014, Amended to Nov. 2024
(e)
Signs erected by a public authority or under the direction of such
authority and signs located on public streets.
(f)
Memorial signs or tablets and signs denoting the date of erection of
a structure.
(g)
The flag, pennant or insignia of any public authority, or of any
religious, charitable, or fraternal organization.
(h)
A sign having a sign area of not more than 5 square metres (53.8
sq. ft.) incidental to construction and located on the construction
site.
(i)
Electoral signs.
(j)
Point of purchase signs associated with commercial uses, including
but not limited to farm gate sales and service station forecourt
product signs;
(k)
Commecial advertising erected on transit shetlers and/or public
benches located within the public right-of-way.
6.5
Limit on the Number of Signs in the Commercial General (CG) and
Industrial (M) Zones
(a)
For the purposes of this section, where a multiple tenancy building is
occupied by more than one business, each business shall be considered
as separate premises;
(b) Signs identified in this By-law as being permitted without a development
permit shall not be counted when calculating the number of signs
permitted on each lot;
(c) Notwithstanding anything else in this By-law, no more than two signs may
be erected on any premise at any one time;
(d)
Notwithstanding anything else in this By-law an off-site sign may be
erected within the Commercial General (CG) Zone on a property within 30
meters (100 ft.) of a commercial use provided that such signage complies
with all other relevant provisions and that such signage shall be included
49
February 2014, Amended to Nov. 2024
in calculations relating to maximum permitted signage for the commercial
use.
6.6
The specific numbers and types of signs that can be erected on a lot are
set out below :
6.6.1 Facial Signs shall not :
(a)
cover more than fifteen percent (15%) of the exterior wall upon
which it is Affixed;
(b)
extend above the top of the wall to which it is affixed;
(c)
extend beyond the extremities of the wall upon which it is affixed;
and
(d)
be painted upon or cover a fence.
6.6.2 Ground Signs shall:
(a)
not exceed one (1) per lot except for lots with frontage in excess of
53.4 meters (175 ft.) where two (2) signs may be permitted;
(b)
not exceed a height of 10.6 meters (35 ft.) from the grade level to
the highest part of the sign;
(c)
not exceed 6.9 square meters (75 sq. ft.) in sign area on a single
face or 13.9 square meters (150 sq. ft.) of sign area for both faces
combined;
(d)
not extend beyond the property line or project over a public right of
way, other adjoining lands, driveway or parking area, and
(e)
be set back at least 1 meter (3 ft.) from any street line, sidewalk,
common lot boundary, driveway, aisle or parking area.
6.6.3 Projecting Wall Signs shall
(a)
not exceed 1.8 square meters (20 sq.) ft. in sign area,;
(b)
not project more than 1.8 meters (6 ft.) from the wall upon which it
is attached;
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February 2014, Amended to Nov. 2024
(c)
not project above the eaves, parapet or roof line of the building
upon which it is attached;
(d)
not be erected below a height of 3 meters (10 ft.) above grade or
extend above a height of 4.8 meters (16 ft.) above grade;
(e)
not be erected in such a manner that enabled the sign to swing
more than 45 degrees from the vertical, and
(f)
not project beyond the property line or project over a public right of
way, other adjoining lands, driveway or parking area.
6.7
Limit on the Number of Signs in the Residential Rural (RR) and
Residential Urban (RU) Zones
(a)
signs advertising existing commercial uses in the Residential Rural (RR)
and Residential Urban (RU) Zone shall not exceed 2.9 square meters (32
sq. ft) in sign area and not exceed 1.8 meters (6 ft.) in height above grade
at the sign location;
(b)
all non-residential uses (existing commercial uses, home occupations, bed
and breakfasts, guest homes and day nurseries) are limited to one ground
sign per lot, and
(c)
signs advertising home occupations, bed and breakfasts, guest homes
and day nurseries, shall not exceed .9 square meters (10 sq. ft.) in sign
area and not exceed 1.8 meters (6 ft.) in height above grade at the sign
location.
Part 7
General Provisions, Residential Area
7.1
Business Uses Permitted in Residential Zones
7.1.1 Nothing in this By-law shall prevent the use of a dwelling in a Residential (RR,
RU) Zone for a business or home occupation including but not limitied to
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February 2014, Amended to Nov. 2024
personal service, professional service or domestic or household arts
provided that:
(a)
the dwelling is occupied as a residence by the user and the
external appearance of the dwelling is not changed by the business
or professional use;
(b)
there shall not be more than two (2) assistants who are not
residents in the dwelling employed within the residential structure;
(c)
not more than a total of thirty-five (35) percent of the total floor area
of the dwelling or 37.16 sq. meters (400 sq. ft.) of an accessory
building is devoted to the professional, business or domestic or
household arts;
(d)
one off-street parking space, other than that required for the
dwelling, is provided for every 18.6 square meters (200 sq. ft.) of
floor space occupied by the business or professional use;
(e)
there shall be no advertising other than a business identification
plate or sign which has a maximum sign area of .9 square meters
(10 sq. ft.);
(f)
no mechanical equipment is used on the premises which is
capable of generating an amount or type of noise not reasonably
consistent with the use of a dwelling; and
(g)
no open storage or outdoor display related to the business shall be
permitted.
7.1.2 Uses Prohibited
For the purposes of this By-law no automobile repair or body shop,
manufacturing which by its nature creates noise or emissions which are
inconsistent with residential uses, fish or food processing, taxi dispatch,
fire wood salesor any use which includes the bulk storage of commercial
materials or products shall be considered a permitted home occupation.
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February 2014, Amended to Nov. 2024
7.1.3 Domestic and Household Arts Permitted in Residential Zones
In this By-law Household and Domestic Arts shall include but be not limited to:
Catering
Dressmaking and Tailoring
Hairdressing and Barber Shops
Instruction in music, dancing, arts and crafts
Weaving, painting, sculpturing, molding or otherwise making or repairing
of garden or household ornaments, articles of clothing, personal effects or
toys.
7.2
Conformity with Existing Setbacks
Notwithstanding anything else in this By-law, in the Residential (RR and RU)
Zones, structures built between existing buildings within two hundred (200 ft.)
apart on the same block may be built with a setback equal to the average
setback of the adjacent buildings, but this depth shall not be less than 3.04
meters (10 ft.) from the front lot line and need be no greater than setback
regulations prescribed in the zone in which it is situated.
7.3
Parking of Commercial Motor Vehicles
(a) For the purpose of this Part, "Commercial Motor Vehicles" shall mean any
motor vehicle which is incompatible with residential uses including but not
limited to ambulances, hearses, tractors, back hoe, school bus, bucket
truck, septic pump truck, garbage truck;
(b)
No tractor-trailer combinations or cab (tractor unit) shall be kept or parked
over night or longer on a lot in a fully serviced subdivision; and
(c)
No commercial motor vehicle shall be kept or parked on any vacant lot
located in a serviced subdivision
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February 2014, Amended to Nov. 2024
Part 8
Residential Rural (RR) Zone Requirements
8.1
RR Uses Permitted
No development permit shall be issued in a Residential Rural (RR) Zone except
for the following uses:
Agricultural and Forestry Uses
Animal Kennels or Stables
Apartment Buildings to a maximum of 4 units
Cemeteries
Churches
Converted Dwellings to a maximum of 4 units
Day Nurseries
Duplexes
Boarding and Rooming Houses to a maximum of 4 Units
Existing Commercial Uses
Golf Courses or Golf Driving Ranges
Guest houses with up to 4 guest rooms
Institutional Uses
Parks and Open space
Private Clubs
Private Parks
Recreational Uses
Semi-Detached Dwellings
Single Unit Dwellings
Tri-plex Dwelling
Townhouse or Rowhouse Dwelling to a maximum of 4 Units
Tourist Homes
Trailer or Tenting Park
Veterinary Establishments
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February 2014, Amended to Nov. 2024
8.2
Restricted Agricultural Uses
No development permit shall be issued for any of the following restricted
agricultural uses:
Fur farm
Turkey, game bird, or chicken farm or hatchery
Feed lots for cattle, pigs or other livestock
8.3
General Lot Requirements
In a Residential Rural (RR) Zone, no development permit shall be issued except
in conformity with the following requirements:
Where Municipality approved central sanitary sewer and water services are not
available:
Single Family, Duplex, Semi Detached Dwelling,
Row and Town Houses, Converted dwellings
All non residential uses
Minimum
Lot Area
3,716 Sq. Meters (40,000 sq. ft.) for each dwelling
and dwelling unit within a converted dwelling or
multiple unit dwelling
3,716 Sq. Meters (40,000 sq. ft.)
plus additional area to be
determined by N.S. Dept. of
Environment on-site septic
approval
Minimum
Lot Frontage
38.1 Meters (125 ft.)
(Amended March 2024)
38.1 Meters (125 ft.)
(Amended March 2024)
Minimum
Lot Depth
60.9 Meters (200 ft.)
60.9 Meters (200 ft.)
Minimum
Front Yard
10.6 Meters (35 ft.)
10.6 Meters (35 ft.)
Minimum
Rear Yard
10.6 Meters (35 ft.)
10.6 Meters (35 ft.)
Minimum
Side Yards
3.04 Meters (10 ft.)
3.04 Meters (10 ft.)
Maximum
Height
10.6 Meters (35 ft.)
10.6 Meters (35 ft.)
NOTE
All individual Lot sizes are subject to
N.S. Dept. Environment approval based on intended
use and soil capacity.
All individual Lot sizes are subject
to N.S. Dept. Environment
approval based on intended use
and soil capacity
8.4
Special Requirements: Buildings Intended for the Keeping of Animals
No development permit shall be issued for any barn, kennel, stable or other
building intended for the keeping of animals except in compliance with the
following Table
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February 2014, Amended to Nov. 2024
Shelter for
Minimum Side and Rear
Yards
Minimum Lot Area Required
Domestic Pets
3.04 Meteres (10 ft.)
None
Other Animals Housed in an
Accessory Building
12.1 Meters (40 ft.)
3,716 Sq. Meters (40,000 Sq.
ft.)
Other Animals Housed in a
Main Buiolding
13.7 Meters (45 ft.)
3,716 Sq. Meters (40,000
Sq. ft.)
8.5 Special Requirements: Boarding and Rooming Houses, Guest Homes and
Converted Dwelling Contain less than Five (5) Units
In addition to all other requirements, the following special provisions shall apply
to converted dwellings and boarding or rooming houses in a Residential Rural
(RR) Zone:
(a)
Additions - No addition or alteration may be undertaken which changes the
roof line or increases the height (except for the addition of dormers), or
extends into the front or side yard of the lot (except for structures
necessary for public safety purposes such as fire escapes), and
(b) Parking - Parking shall be provided only in the side or rear yard of the lot.
8.6
Special Requirements: Existing Commercial Uses
The following special provisions will apply to existing commercial and commercial
uses included as a permitted use within the Residential Rural (RR) Zone.
(a)
extensions to the main building may extend to within 3.6 meters (12 ft.) of
the lot line on one side and on the other side to within 3.04 meters (10 ft.),
and to within 6.09 meters (20 ft.) of the front lot line and 10.6 meters (35
ft.) of the rear lot line;
(b)
open storage or parking is permitted in the rear yard of the lot and may be
extended within the rear yard up to a fence which is at least five 1.5
meters (5 Ft.) in height and which totally blocks off light transmission. If
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February 2014, Amended to Nov. 2024
there is no such fence, open storage and parking must be 6.09 meters (20
ft.) or more from the near lot line, and
(c)
the signage provisions of Part 5.34 are satisfied.
8.7
Special Requirements: Limitation on the Number of Accessory Buildings for
Existing Commercial Uses
For existing commercial uses accessory buildings which are in addition to a
residential dwelling on the same property may be permitted provided that the total
floor area of the accessory structures does not exceed the floor area of the main
structure. The provisions of Part 5.3 relating to accessory buildings shall apply.
Part 9
Residential Urban (RU) Zone Requirements
9.1
RU Uses Permitted
No development permit shall be issued in a Residential Urban (RU) Zone except
for the following uses:
Apartment Buildings to a maximum of 4 units
Cemeteries
Churches
Day Nurseries
Duplexes
Converted Dwellings to a maximum of 4 Units
Existing Boarding and Rooming Houses
Guest houses with up to 4 guest rooms
Existing Commercial Uses
Institutional Uses
Parks and Open space
Private Parks
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February 2014, Amended to Nov. 2024
Recreational Uses
Semi-Detached dwellings
Single Unit Dwellings
Tri-plex Dwellings
Townhouse or Rowhouse Dwellings to a maximum of 4 Units
Tourist Home
9.2
General Lot Requirements
In a Residential Urban (RU) Zone, no development permit shall be issued except
in conformity with the following requirements:
(a) Where Municipality Approved Central Sanitary Sewers and Piped Water are
available:
Single Unit
Dwelling, Guest
Houses , Tourist
Homes
Duplex Dwelling,
Semi Detached
Dwelling
Row and Town
Houses,
Converted
Dwellings,
Apartment
Dwellings to a
maximum of 4 Units
All non
residential uses
Minimum
Lot Area
668 Sq. Meters
(7,200 sq. ft.)
1,114 Sq. Meters
(12,000 sq. ft.)
464 Sq. Meters
(5,000 sq. ft.) for
each dwelling unit
1,393 Sq.
Meters ( 15,000
sq. ft.)
Minimum
Lot Frontage
18.3 Meters
(60 ft.)
30.4 Meters
(100 ft)
12.2 Meters
(40 ft.) per unit
36.6 Meters
(120 ft.)
Minimum
Lot Depth
36.6 Meters
(120 ft.)
36.6 Meters
(120 ft.)
36.6 Meters
(120 ft.)
36.6 Meters
(120 ft.)
Minimum
Front Yard
7.62 Meters
(25 ft.)
7.62 Meters
(25 ft.)
7.62 Meters
(25 ft.)
10.6 Meters
(35 ft.)
Minimum
Rear Yard
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
Minimum
Side Yard
One Side:
1.2 Meters (4 ft.)
plus .6 meters (2
ft.) for each storey
over 1 storey
1.2 Meters (4 ft.)
plus .6 Meters (2 ft.)
for each storey over 1
storey, except 0 ft. for
semi detached
dwellings centre on
common lot line
1.2 Meters (4 ft.)
plus .6 Meters (2 ft.)
for each storey in
excess of 1 storey.
3.04 Meters
(10 ft.)
Minimum
Side Yard
Other Side
3,04 Meters
(10 ft.)
3,04 Meters
(10 ft.)
3,04 Meters
(10 ft.)
3,04 Meters
(10 ft.)
Maximum
Height
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
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February 2014, Amended to Nov. 2024
(b) Where Municipality Approved Central Sanitary Sewers are available with
on-site well water :
Single Unit Dwelling
Guest Houses,
Tourist Homes
Duplex & Semi detached
Dwellings,
Row/Town Houses and
Apartment Buildings,
Converted Dwellings to a
maximum of 4 Units
Non residential
Uses
Minimum Lot
Area
4,389 Sq. Meters
(14,400 sq. ft.)
4,389 Square Meters
(14,400 sq. ft.) for the first
dwelling and 668 Sq.
Meters (7,200 sq. ft. for
each additional dwelling
1,858 Sq.
Meters
(20,000 sq. ft.)
Minimum Lot
frontage
36.6 Meters
(120 ft.)
36.6 Meters
(120 ft.)
36.6 Meters
(120 ft.)
Minimum Lot
depth
36.6 Meters
(120 ft.)
36.6 Meters
(120 ft.)
36.6 Meters
(120 ft.)
Minimum Front
Yard
7.62 Meters
(25 ft.)
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
Minimum Rear
Yard
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
Minimum Side
Yard One side
1.2 Meters (4 ft.) and .6
Meters (2 ft.) for each
storey over 1
1.2 Meters (4 ft.) and .6
meters (2 ft.) for each
storey over 1
Except 0 ft. for semi
detached dwellings
adjacent to the common lot
line.
3.04 Meters
(10 ft.)
Minimum Side
Yard Other side
3.04 Meters (10 ft.)
Location of all buildings
should not prevent
future subdivision of
the lot , based on
future compliance the
above lot and yard
requirements.
3.04 Meters (10 ft.)
3.04 Meters
(10 ft.)
Maximum Height
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
10.6 Meters
(35 ft.)
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February 2014, Amended to Nov. 2024
(c) Where Municipality approved central sanitary sewer and water services are not
available:
Single Unit, Duplex, Semi detached Dwelling,
Boarding/Rooming and Guest Houses,
Apartment Buildings and Converted Dwellings to
a maximum of 4 Units
All non residential uses
Minimum
Lot Area
2,787 Sq. Meters (30,000 sq. ft.) for each
dwelling and dwelling within a converted
dwelling
2,787 Sq. Meters (30,000 sq.
ft.) plus additional area as
determined by N.S. Dept. of
Environment On-site Septic
approval requirements
Minimum
Lot Frontage
38.1 Meters (125 ft.)
38.1 Meters (125 ft.)
Minimum
Lot Depth
36.6 Meters (120 ft.)
36.6 Meters (120 ft.)
Minimum
Front Yard
7.62 Meters (25 ft.)
7.62 Meters (25 ft.)
Minimum
Rear Yard
10.6 Meters (35 ft.)
10.6 Meters (35 ft.)
Minimum
Side Yards
3.04 Meters (10 ft.)
3.04 Meters (10 ft.)
Maximum
Height
10.6 Meters (35 ft.)
10.6 Meters (35 ft.)
NOTE
All individual Lot sizes are subject to
N.S. Dept. Environment approval based on
intended use and soil capacity.
9.3
Special Requirements: Side Yards for Attached Garages and Garages
Incorporated into a Dwelling Unit
Where a dwelling unit includes an attached garage or a garage incorporated into
the unit, and is located on a lot in a fully serviced lot, the larger minimum side
yard shall be reduced to 1. 2 meters (4 ft.) for a one-storey building and an
additional .6 meters (2 ft.) for every additional storey.
9.4 Special Requirements: Boarding and Rooming Houses, Guest Homes and
Converted Dwelling Contain less than Five (5) Units
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February 2014, Amended to Nov. 2024
In addition to all other requirements, the following special provisions shall apply
to converted dwellings and boarding or rooming houses in a Residential Urban
(RU) Zone:
(a)
Additions - No addition or alteration may be undertaken which changes the
roof line or increases the height (except for the addition of dormers), or
extends into the front or side yard of the lot (except for structures
necessary for public safety purposes such as fire escapes), and
(b) Parking - Parking shall be provided only in the side or rear yard of the lot.
9.5
Special Requirements: Existing Commercial Uses
The following special provisions will apply to those existing commercial uses
listed in this part as permitted uses:
(a)
extensions to the main building may extend to within 3.6 meters (12 ft.) of
the lot line on one side and on the other side to within 1.2 meters (4 ft.)
plus .6 meters (2 ft.) for every storey over 1, and to within 6.09 meters (20
ft.) of the front lot line and 10.6 meters (35 ft.) of the rear lot line;
(b)
open storage or parking is permitted in the rear yard of the lot and may be
extended within the rear yard up to a fence which is at least five 1.5
meters (5 ft.) in height and which totally blocks off light transmission. If
there is no such fence, open storage and parking must be 6.09 meters (20
ft.) or more from the near lot line, and
(c)
the signage provisions of Part 5.34 are satisfied.
9.6
Special Requirements: Limitation on the Number of Accessory Buildings for
Existing Commercial Uses
For existing commercial uses accessory buildings which are in addition to a
residential dwelling on the same property may be permitted provided that the total
floor area of the accessory structures does not exceed the floor area of the main
structure. The provisions of Part 5.3 relating to accessory buildings shall apply.
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February 2014, Amended to Nov. 2024
Part 10
Commercial General (CG) Zone Requirements
10.1 CG Uses Permitted
No development permit shall be issued in a Commercial General (CG) Zone
except for the following uses:
Animal Hospitals and Veterinary Establishments
Any manufacturing, assembly or warehousing operation conducted or wholly
contained within an enclosed building and which is not obnoxious by reason of
sound , odour, dust, fumes, or smoke, or other obnoxious emission or refuse
matter or water carried waste or by reason or unsightly open storage or the
detonation of explosives
New Accessory Residential Dwelling Units within Existing Commercial Structures
or within Additions to Existing Commercial Structures subject to Part 10.4 (Amended
Nov. 2024)
Automobile Sales Establishment
Automobile Service Stations including automobile washing establishments as an
accessory use conducted on the same lot as the main building (see Restricted
Uses)
Banks, Insurance and Financial Institutions
Business and Professional Offices
Boats, Trailer, RV and Snowmobile Sales and Rentals
Churches and Religious Institutions
Commercial Schools
Commercial Service
Day Nursery
Display Courts, featuring swimming pools, decorative fountains, prefabricated
cottage and manufactured homes.
Dry Cleaning and Laundry Distribution Establishments
Existing Residential uses, subject to the provisions
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February 2014, Amended to Nov. 2024
of the Residential Urban (RU) Zone
Farmers Market
Food and Grocery Stores
Funeral Monument Sales and Displays
Funeral Parlour and Undertaker Establishments
Hotels, Motels and other tourist establishments
Indoor recreational establishments including premises for billiards, bowling,
curling, dancing, roller and ice skating, theatre or cinema
Institutional uses
Light Warehousing including Commercial Self Storage Facilities
Lumber and home improvement supplies
Medical Clinics
Mixed-Use Commercial/Residential Structure subject to Part 10.5 (Amended Nov.2024)
Non-Commercial Schools
Open Space Uses
Private Clubs
Restaurants, including Drive-thru and Drive-in Restaurants
Retail sales, personal service, entertainment, educational and recreational uses
within wholly enclosed buildings. a shopping mall or partially open, a plaza.
Service Industries
Service Stations and Gas Bars
Taverns, Bars, Lounges and other Licensed Establishments
10.2
General Lot Requirements
In the Commercial General (CG) Zone, no development permit shall be issued
except in conformity with the following requirements:
Minimum Lot Area:
1,858 Sq. Meters (20,000 sq. ft.)
Minimum Lot Frontage:
30.4 Meters (100 ft.)
Minimum Front Yard:
10.6 Meters (35 ft.)
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February 2014, Amended to Nov. 2024
Minimum Rear Yard:
7.62 Meters (25 ft.)
Minimum Side Yard:
4.6 Sq. Meters (15 ft.)
Maximum Height of Main Building:
13.7 Meters (45 ft.) (Amended
Nov.2024)
10.3 Lot Requirements for Institutional and Open Space Uses
No development permit shall be issued for an Institutional or Open Space use
except in conformity with the following requirements:
Minimum Lot Area:
none
Minimum Lot Frontage:
6.1 Meters (20 ft.)
Minimum Front Yard:
9.1 Meters (30 ft.)
Minimum Rear Yard:
9.1 Meters (30 ft.)
Minimum Side Yard:
9.1 Meters (30 ft.)
Maximum Height of Main Building:
10.6 Meters (35 ft.)
10.4 New Accessory Residential Dwelling Units within Existing Commercial
Structures and/or Additions to Existing Residential Structures
The use of an existing commercial structure may be changed for
residential occupancy subject to the following conditions:
(a)
A maximum of forty-nine percent (49%) of the structure's ground
floor/at-grade area may be occupied for residential use;
(b)
The residential use may not occupy the floor area abutting and
facing the buildings' street frontage. This restriction shall apply to
the ground floor/at-grade floor area of a wall which is the primary
building wall facing the street where the building front wall is not
parallel to the street;
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February 2014, Amended to Nov. 2024
(c)
Onsite parking provisions for commercial and residential uses must
meet requirements of Part 5.25 and 5.26;
(d)
Onsite amenity space in the amount of five (5.0) square meters (54
square feet) must be provided per dwelling unit and cannot be
located in front of the building;
(e)
Keeping of agricultural animals, including livestock and fowl,
accessory to a residential use shall be prohibited. (Amended Nov.2024)
10.5 Mixed Use Commercial/Residential Development
New mixed use commercial/residential development shall be permitted
subject to the following conditions;
(a)
A maximum of forty-nine percent (49%) of the structure's ground
floor/at-grade building area may be occupied for residential use;
(b)
Residential use located at-grade may not be located abutting or
facing the street;
(c)
Minimum height of the structures ground floor/at-grade storey shall
be 3.4 meters (11 feet);
(d)
Onsite parking provisions for commercial and residential uses must
meet requirements of Part 5.25 and 5.26;
(e)
Parking for residential occupancy must be located behind the
structure;
(f)
Onsite amenity space in the amount of five (5.0) square meters (54
square feet) must be provided per dwelling unit and cannot be
located in front of the building;
(g)
Keeping of agricultural animals, including livestock and fowl,
accessory to a residential use shall be prohibited. (Amended Nov.2024)
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February 2014, Amended to Nov. 2024
10.6 Abutting Zone Provisions
Where a Commercial General (CG) Zone abuts a Residential (RR, RU) or Open
Space (OS) Zone, the following restrictions shall apply to an abutting yard of a
commercial use within the Commercial General Zone.
(a)
The minimum side yard requirement for the abutting side yard shall be
7.62 Meters (25 ft.);
(b)
No open storage or outdoor display shall be permitted in an abutting yard
without a surrounding 1.5 Meter (5 ft.) high visually opaque fence;.
(c)
No parking space shall be permitted in an abutting yard within 6.1 Meters
(20 ft.) of a side or rear lot line, and
(d)
In addition to the provisions of Part 6, signs located in an abutting yard
shall be subject to the following requirements:
(i)
all signs shall be non-illuminated;
(ii) only directional or business identification signs shall be
permitted, and
(iii)
all signs shall be set back at least 3.04 Meters (10 ft.) from
the abutting property line.
10.7 Restrictions on Open Storage or Outdoor Display
Where a lot, which does not meet the minimum lot frontage is to be used
primarily for open storage or outdoor display within the Commercial General (CG)
Zone, the following restrictions shall apply:
(a)
no open storage or outdoor display shall be permitted within 3.04 meters
(10 ft.) of the front lot line; and
(b)
the area devoted to open storage or outdoor display shall not exceed fifty
(50) percent of the total lot area.
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February 2014, Amended to Nov. 2024
10.8 Special Provisions: Automobile Service Stations
Where an Automobile Service Station or Gas Bar is permitted within the
Commercial General (CG) Zone the following provisions shall apply:
(a) minimum lot frontage shall be 45.7 Meters (150 ft.);
(b)
no portion of any pump island shall be located closer than 6.09 Meters (20
ft.) from any street line;
(c) the minimum distance between ramps or driveways shall not be less than
9.1 Meters (30 ft.);
(d) the minimum distance from a ramp or driveway to a street intersection
shall be 15.2 Meters (50 ft.);
(e) the minimum angle of intersection of a ramp to a street line shall be forty-
five (45) degrees, and
(f)
the width of a ramp shall be a minimum of 6.09 Meters (20 ft.) and a
maximum of 9.1 Meters (30 ft.).
10.9 Requirement to Connect to Municipal Services
All new commercial, mixed use commercial-residential development and multiple
unit residential uses in the Commercial General (CG) Zone shall be required to
connect to the municipal sewer system and demonstrate the adequate availability
of an adequate water supply for both potable and fire protection use. (Amended
Nov.2024)
Part 11
Industrial (M) Zone
11.1 M Uses Permitted
No development permit shall be issued in an Industrial (M) Zone except for the
following uses:
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February 2014, Amended to Nov. 2024
Any manufacturing, assembly, and warehousing conducted or wholly contained
within an enclosed building and which is not obnoxious by reason of sound ,
odour, dust, fumes, or smoke, or other obnoxious emission or refuse matter or
water carried waste or by reason or unsightly open storage or the detonation of
explosives, or involves the use or storage of petrochemicals, fertilizers and
chemical compounds of a potentially hazardous nature to the water supply.
Auto and truck sales, service and related business
Building supply store Bulk storage (excluding sand and gravel) and supply
depot
Business and professional offices
Bus Garage and Storage Depot
Car wash
Communications facilities
Construction storage and offices
Day Nursery
Green Houses & Nursery
Industrial mall
Institutional Uses including Government Offices
Manufactured Home sales
Open Space
Open storage of new goods and materials
Recreation vehicle sales, service and related business.
Research and development facilities
Restaurant
Retail uses accessory to an Industrial Use
Service Industries.
Renewable and Alternative Energy Research and Manufacturing
Transportation and trucking facilities without bulk fuel storage and/or
vehicle servicing facilities which accessory uses are prohibited
Warehousing and Storage including Commercial Self Storage
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February 2014, Amended to Nov. 2024
11.2 General Lot Requirements
In the Industrial (M) Zone, no development permit shall be issued except in
conformity with the following requirements:
Minimum Lot Area:
929 Sq. Meters (10,000 sq. ft.)
Minimum Lot Frontage:
30.4 Meters (100 ft.)
Minimum Front Yard:
7.62 Meters (25 ft.)
Minimum Rear Yard:
7.62 Meters (25 ft.)
Minimum Side Yards:
3.04 Meters (10 ft.)
Maximum Height of Main Building:
10. 6 Meters (35 ft.)
11.3 Lot Requirements: Institutional Uses
No development permit shall be issued for an Institutional use within the
Industrial (M) Zone except in conformity with the following requirements:
Minimum Lot Area:
929 Sq. Meters (10,000 sq. ft.)
Minimum Lot Frontage:
22.8 Meters (75 ft.)
Minimum Front Yard:
7.62 Meters (25 ft.)
Minimum Rear Yard:
7.62 Meters (25 ft.)
Minimum Side Yards:
4.6 Meters (15 ft.)
Maximum Height of Main Building:
10. 6 Meters (35 ft.)
11.4 Abutting Zone Provisions
Where an Industrial (M) Zone abuts a Residential (RR, RU) or Open Space (OS)
zone, the following restrictions shall apply to an abutting yard of an industrial use
within the Industrial Zone.
(a)
The minimum side yard requirement for the abutting side yard shall be
6.09 meters (20 ft.);
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February 2014, Amended to Nov. 2024
(b)
No open storage or outdoor display shall be permitted in an abutting yard;
(c)
No parking space shall be permitted in an abutting yard within 6.09 Meters
(20 ft.) of a side or rear lot line, and
(d)
In addition to the provisions of Part 6, signs located in an abutting yard
shall be subject to the following requirements:
(i)
all signs shall be non-illuminated;
(ii)
only directional or business identification signs shall be permitted;
and
(iii)
all signs shall be set back at least 3.04 (10 ft.) from the abutting
property line.
11.5 Restrictions on Open Storage or Outdoor Display
Where a lot, which does not meet the minimum lot frontage is to be used
primarily for open storage or outdoor display within the Industrial (M) Zone, the
following restrictions shall apply:
(a)
no open storage or outdoor display shall be permitted within 3.04 meters
(10 ft.) of the front lot line; and
(b)
the area devoted to open storage or outdoor display shall not exceed fifty
(50) percent of the total lot area.
11.6 Requirement to Connect to Municipal Services
All industrial uses in the Industrial (M) Zone shall be required to connect to the
municipal sewer and water system.
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February 2014, Amended to Nov. 2024
Part 12
Open Space (OS) Zone
12.1 OS Uses Permitted
No development permit shall be issued in an Open Space (OS) Zone except for
the following uses:
Buildings and structures accessory to public parks and recreation areas
Institutional Uses
Public Parks
Public Recreation Areas
Trails
12.2 General Lot Requirements
In the Open Space (OS) Zone, no development permit shall be issued except in
conformity with the following requirements:
Minimum Lot Area:
0
Minimum Lot Frontage:
18.3 Meters (60 ft.)
Minimum Front Yard:
0
Minimum Rear Yard:
0
Minimum Side Yards:
0
Maximum Height of Main Building:
10.6 Meters (35 ft.)
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February 2014, Amended to Nov. 2024
Schedule A, Zoning
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February 2014, Amended to Nov. 2024
Schedule B, Wellfield Overlay