Municipality of Digby Land Use By-law (By-law 2023-03)
Digby, Nova Scotia
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Municipality of Digby Land Use By-law
Municipality of Digby
Land Use By-law
By-law 2023-03
Municipality of Digby Land Use By-law
Table of Contents
Part 1
Title
1
Part 2
Administration
2
Part 3
Definitions
9
Part 4
Zones and Zoning Map
38
Part 5
General Provisions for all Zones
40
Part 6
Signs
58
Part 7
Setback and Separation Distances for Specific Uses
63
Part 8
General Development Area (GDA) Zone
64
Part 9
Urban Development Area (UDA) Zone
66
Part 10
Village Area (VA) Zone
69
Schedule A1 Zoning Map
Schedule A2 Zoning Map - Urban Development Area, Bear River
Schedule A3 Zoning Map - Urban Development Area, Mount Pleasant
Schedule A4 Zoning Map - Urban Development Area, Smiths Cove
Schedule A5 Zoning Map - Urban Development Area, Weymouth
Schedule B
Permitted Uses within Zones
.
.
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Part 1
Title and Purpose
1.1
Title
This By-law shall be known and may be cited as the "Land Use By-law of the
Municipality of the District of Digby".
1.1.1
Purpose
The purpose of this By-law is to implement the land use and development control
provisions of policies contained in the Municipality's Municipal Planning Strategy as
enabled through the Municipal Government Act.
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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.
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
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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.
2.2.8
Where the provisions in this By-law conflict with those of any other municipal or
provincial requirements, the higher or more stringent provisions shall prevail.
2. 3
Application for Development Permit and Development Agreement
2.3.1
All applications for a development permit and/or entering into 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.
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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 the
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.
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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 that affect the proposed development, he/she may
require that the plans submitted under Part 2.3.2 be based upon an actual survey by
a Nova Scotia Land Surveyor.
2.3.4
The application shall be signed by the registered owner of the lot or by the owner's
agent, duly authorized in writing, and shall set forth in detail the current and
proposed use of the lot and each building or structure, or part of each building or
structure, together with all information necessary, to determine whether or not
every such proposed use of land, building, or structure conforms with the
requirements of this By-law.
2.3.5
Nothing in this By-law shall exempt any person from complying with the requirements
of the Building By-law or any other By-laws or regulations within the Municipality or
from obtaining any license, permission, permit, authority or approval required
thereunder.
2.4
Amendment of the Land Use By-law
2.4.1
Any person who wishes to obtain the amendment or revision 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.
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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)
the change of use, addition to and redevelopment of a Registered
Heritage Property;
(b)
Any development located within the Riparian Setback.
2.6
Registry of Deeds
Where Council has entered into a development agreement, a copy of the agreement shall be
registered in the Office of the Registrar of Deeds for the County of Digby. The obligations of the
agreement shall be binding upon the owner and any subsequent owner until discharged by the
Municipality.
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2.7
Liability for Costs
2.7.1
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
Municipality an 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 related 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 costs related to registered mail service.
2.8
Violation and Penalty
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.
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 Municipal
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Affairs and Housing.
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 number include the singular, the word "used" includes
"arranged", "designed", or "intended to be used", and the word "shall" is mandatory and not
permissive.
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Part 3
Definitions
For the purpose of this By-law, all words shall carry their customary meaning, except for those
defined hereafter:
1.
Abattoir means a place where animals are slaughtered, butchered and are processed for
consumption
2.
Abut means where properties, lots, or yards share a common lot line or a common point
along a lot line.
3.
Accessory Building or Structure means a building or structure on the same lot as the main
building, devoted exclusively to an accessory use, including an above-ground or in-ground
swimming pool, but does not include a building located completely underground.
4.
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.
5.
Act means the Municipal Government Act, R.S. 1998, c.18, s.1, as amended.
6.
Adult Entertainment means any form of entertainment or services of which a primary
feature or characteristic is the nudity or partial nudity of any person.
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7.
Agricultural Use means the use of lands for the pasturing and the cultivation of land,
and can also include the raising of crops under artificial conditions. This shall also include
necessary storage facilities; however, it does not include permanent facilities for the
retail sale of agricultural products.
(a) Domestic Scale Agriculture, also commonly referred to as "Hobby Farm",
means the use of land and buildings which is accessory to the main residential
use on a lot for farming, dairying, the keeping of livestock, fowl, pasturage,
floriculture, apiculture and horticulture and the necessary accessory activities
of feeding, breeding or holding for personal use and enjoyment including the
sale of produce, but does not include Fur Farm or Piggery Operation.
(b) Commercial Scale Agriculture means the use of land and buildings for farming,
dairying, the keeping of livestock, fowl, pasturage, floriculture and apiculture
and the necessary accessory activities for feeding, breeding or holding for
purposes of processing, and the packing, storing, or treating the produce for
sale and does not include Fur Farm or Piggery Operation.
8.
Agricultural Structures means any use or structure necessary for the cultivation of
vegetation and the raising of animals or fowl.
9.
Alter means any change in the structural component of a building or any increase in the
volume of a building or structure.
10.
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, communal gardens, 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.
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11.
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.
12. Animal Services means a commercial establishment for the medical examination,
treatment, boarding, training, or grooming of animals and includes retail sales of
associated products.
13.
Apartment Building - see "Dwelling".
14.
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.
15.
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.
16.
Automobile Washing Establishment means a building or part thereof used for the
operation of automobile washing equipment that is automatic or semi-automatic.
17.
Basement means that portion of a building between two floor levels that 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.
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18.
Bed and Breakfast means a Single Unit Dwelling in which the resident owner provides
overnight accommodation to the travelling public, through the use of a maximum of six (6)
bedrooms, and is capable of being licensed as a Bed and Breakfast by the Province of Nova
Scotia.
19.
Boarding or Rooming House means a dwelling in which the resident owner supplies either
room or room and board for monetary gain to more than two persons, exclusive of the
owner or members of his/her family, and that is not open to the general public.
20.
Building means any structure, whether temporary or permanent, used or purpose built for
the shelter, accommodation, or enclosure of persons, animals, material, or equipment. Any
awning, bin or fabricated container structure ("TEU"), platform, vessel, or vehicle used for
any of the said purposes shall be deemed a building.
21.
Building Area means the maximum horizontal area of a building at grade.
22.
Building Line means any line regulating the position of a building or structure on a lot.
23.
Camp means a land and building complex designed or used for a group sport, recreational,
or cultural activities, that may have facilities for sleeping and the preparation and serving of
food, operated under single ownership on a temporary or seasonal basis.
24.
Church means a building dedicated to religious worship and includes a church hall, church
auditorium, parish hall and day nursery operated by the church.
25.
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, or the dispensing and retail sale of
cannabis or cannabis-related products.
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26.
Commercial Motor Vehicle means any motor vehicle that is used for a business activity and
that has, as its main purpose, financial gain and includes ambulances, trucks, tractors,
tractor trailers, buses, delivery vehicles, and oil delivery trucks.
27.
Commercial School means a school of seven (7) or more pupils gathered at one time,
conducted for gain, and may include instruction in trades, skills, or services such as a
computer technology, language, administrative services, driving, art, modeling, beauty,
dancing, and music school and does not include day care, day nursery, or nursery schools.
28.
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.
29.
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.
30.
Conservation and Environmentally Sensitive Areas means protecting natural resources,
ecosystems, and cultural heritage in concern of minimizing pollution and global warming.
(a) Coastal Protection means measures aimed at protecting the coast against coastline
retreat, preserving or restoring the shore and preventing coastal erosion.
(b) Floodplain means a flat or gently sloped area of land next to a river channel or
stream which is inundated during periods of high water.
(c) Floodway means a channel for an overflow of water caused by flooding.
(d) Flood Fringe means the portion of the flood hazard area outside of the floodway.
(e) Marshland means an area of soft and wet land with grassy vegetation.
(f) Water Supply Protection Area means the surface and subsurface area surrounding a
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water well that is supplying a public water system.
31.
Construction Trades and Contracting Use means any trade or occupation involving
construction alteration, remodeling, repairing, wrecking or demolition, addition to, or
improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or
other project development, or improvement to other than personal property.
32.
Converted Dwelling - See "Dwelling".
33.
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".
34.
Council means the Council of the Municipality of Digby.
35.
Day Care and Day Nursery means a place where three or more preschool children are cared
for on a temporary daily basis without overnight accommodation but does not include a
school.
36.
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.
37.
Development Agreement means an agreement made pursuant to policies of the
Municipality of Digby Municipal Planning Strategy and provisions of the Municipal
Government Act.
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38.
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.
39. Domestic Arts means an avocation that can be carried on at home, such as dressmaking or
painting, which may provide remuneration, but does not include commercial photography.
40.
Dry Cleaning and Laundry Establishment means a building where dry cleaning, dry dyeing,
cleaning or pressing of articles or goods or fabric is carried on and in which only solvents are
or can be used that emit no odours or fumes and in which no noise or vibration causes a
nuisance or inconvenience outside of the premises.
41.
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. For the purposes of clarity any structure
used as a Home for Special Care shall be considered a Dwelling.
(a)
Apartment Building means a building which has been purpose built containing three
or more dwelling units that have a common entrance from the street level and the
occupants have the right to use in common certain areas of the building and its
property.
(b)
Converted Dwelling means a building converted to contain a greater number of
dwelling units than the building contained on first construction or contained prior to
conversion.
(c)
Duplex Dwelling means a building that is divided horizontally into two dwelling
units, each of which has an independent entrance either directly from outside the
building or through a common vestibule.
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(d)
Multiple Unit Dwelling means a building containing three or more dwelling units.
(e)
Semi-Detached Dwelling means a building that is divided vertically into two
dwelling units, each of which has an independent entrance.
(f)
Single Unit Dwelling means a building detached from any other structure
containing one dwelling unit.
(g)
Townhouse or Rowhouse Dwelling means a building that is divided vertically into
four 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.
(h)
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.
(i)
Mobile Home Dwelling means a building that is constructed to the CAN/CSA-Z240
Series Standard, is transportable in one or more sections, that is built on
permanent chassis and designed for use with or without a permanent foundation
when attached to the required utilities.
42.
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.
43.
Energy Production Facilities means any public or private processing, producing, generating,
storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other
source of energy.
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44.
Environment means any combination of air, soil and water, plant and animal life, social and
cultural conditions, buildings and other structures, or any impacts on the foregoing, resulting
directly or indirectly from human activities.
45.
Equestrian Centre means a facility created and maintained for the purpose of
accommodating, training or competing horses.
46.
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 altering any
existing building or structure by an addition, deletion, enlargement, or extension.
47.
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.
48.
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.
49.
Existing means existing as of the effective date of this By-law.
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50.
Fishery or Marine Activities
(a)
Fish Productions means any aquatic species including marine mammals and plants
and all exported products from a nation, whether taken by a fishing vessel of
that nation or packed and processed to otherwise prepared for export.
(b)
Wharf means a public structure-built along or at an angle from the shore of
navigable waters intended for ships to lie alongside to receive and discharge cargo
and passengers.
51.
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 halls between stores.
(c)
Gross Floor Area means the aggregate of the floor areas of a 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 reference 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,
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and balconies.
52.
Flanking Yard - see "Yard".
53.
Front Yard - see "Yard".
.
54.
Fur Farm means raising and breading certain types of animals for their fur.
55.
Greenhouse means a structure or glass building in which plants are grown that need
protection from cold weather and maintain regulated climate conditions.
56.
Grouped Dwellings means two or more buildings intended for residential use located on
the same lot.
57.
Guest House means a dwelling where the resident owner supplies either room or rooms
and where not more than six (6) rooms are so used and that is open to the travelling public.
58.
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.
59.
Home for Special Care means dwelling or an extended or intermediate care facility, licensed
by the Province of Nova Scotia to provide full- time care to individuals who, by reason of
age, chronic illness, or infirmity, are unable to care for themselves.
60.
Home Occupation means use of a dwelling for employment, involving the provision or sale
of goods or services or both goods and services but shall not include general retail of
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merchandise or the provision of food service or the operation of a canteen or restaurant.
61.
Home Office means a room or rooms, accessory to a residential use, where business may be
conducted by residents of the dwelling but shall not include the manufacturing or on-site
provision of any goods or services.
62.
Hospital means an institution for the treatment of persons afflicted with or suffering from
sickness, disease, or injury.
63.
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 accommodations,
with or without meals, but without private cooking facilities.
64.
Human Habitation means the act of occupying a structure or part thereof by persons as a
permanent dwelling or as a residence.
65.
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.
66.
Inn means a dwelling where the proprietor supplies either room and board or meals for
monetary gain on a temporary basis, where not more than twenty (20) rooms are so used,
and which is open to the travelling public.
67.
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.
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68.
Institutional Use means any or all of the following uses:
Arts and Culture Facilities
Churches, Places of Worship, and Religious Institutions
Cemeteries
Colleges, Universities, and Non-commercial Schools
Fire Stations
Public Building - Municipal, Provincial, Federal
Nursing Homes subject to the requirements of residential development exceeding four (4)
units
Hospitals
Libraries, Museums and Art Galleries
Municipal Public Works Facilities
Police Stations
Post Offices
Public or Private Utilities
Facilities for the sale of alcohol and cannabis authorized or licensed by the Province of Nova
Scotia
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.
Public and private utilities
Wastewater treatment plants
69.
Kennel means a building or structure where animals, birds, or other livestock intended or
used as domestic household pets are kept or boarded.
70.
Landfill means a designated place to dispose of refuse and other waste material by burying
it and covering it with soil.
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71.
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.
72.
Licensed Establishment means a building or part of a building which is licensed by the
Province of Nova Scotia to serve alcohol pursuant to the Liquor Licensing Regulations made
under the Liquor Control Act.
73.
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.
74.
Livestock Operation means the keeping of fowl, horses, cattle, sheep, goats, pigs or other
livestock, excluding the production of fur and the accessory storage of animal wastes.
(a) Domestic Scale Livestock means the keeping of livestock or fowl, excepting roosters,
accessory to a primary residential use and for the personal use and enjoyment of the
residents.
(b) Commercial Scale Livestock means a livestock or fowl operation, run for commercial
gain, in which animals are confined to a barn, feedlot or other facility for feeding,
breeding, milking, egg laying, processing or eventual sale.
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75.
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;
(c)
has adequate access and egress by means of driveways, aisles, maneuvering areas, or
similar areas, no part of which shall be used for the temporary parking or storage of
one or more motor vehicles.
76.
Lot means any parcel of land described in a deed as a lot or as shown as an approved lot in a
registered plan of subdivision or an Instrument 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 lot.
(b)
Infill Lot means a new residential lot created from an existing residential lot where
both lots meet the minimum lot area and frontage requirements for the zone, as
established in this By-law.
(c)
Interior Lot means a lot situated between two lots and having access to one street.
(d)
Through Lot means a lot bounded on two opposite sides by streets or highway,
provided 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.
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77.
Lot Area means the total horizontal area within the lot lines of a lot.
78.
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.
79.
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.
80.
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.
81.
Lot Line means a boundary line of a lot.
(a)
Front Lot Line means the line dividing the lot from the street; in the case of a Corner
Lot, the shorter boundary line abutting the street shall be deemed the front lot line
and the longer boundary line abutting the street shall be deemed the side lot line
and, where such lot lines are of equal length, the front lot line shall be either of the
lot lines. In the case of a Through Lot, any boundary dividing the lot from a street
shall be deemed to be the front lot line.
(b)
Rear Lot Line means the lot line furthest from or opposite to the front lot line.
(c)
Side Lot Line means a lot line other than a front or rear lot line.
(d)
Flanking Lot Line means a side lot line which abuts the street on a corner lot.
.
82.
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.
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83.
Main Building means the building in which is carried on the principal purpose for which the
lot is used.
84.
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.
85.
Maximum Lot Coverage means that percentage of the lot area covered by all buildings
above ground level and shall include that portion of such lot area that is occupied by a
building or portion thereof that 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 that is located within said zone.
86.
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.
87.
Motel and Apartment 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 accommodations, with or without meals.
88.
Municipality means the Municipality of the District of Digby.
89.
Multiple Unit Dwelling - see "Dwelling".
90.
Noise means any loud, unnecessary, or unusual sound that is normally unpleasant or that
causes disturbances, annoyances, injures, endangers, or distracts from the comfort, repose,
health, peace or safety of any person.
91.
Non-Commercial School means a public or private academic, religious, or philanthropic
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school not operated for monetary gain.
92.
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 that has a prohibited use when
subjected to this By-law.
93.
Nursing Home means a building wherein public or private nursing care and 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.
94.
Obnoxious Use shall mean a use that, from its nature or operation, creates a nuisance or is
offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes,
dust, oil, or objectionable odour, or by reason of the unsightly storage of goods, wares,
merchandise, salvage, refuse matter, waste, or other material.
95.
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.
96.
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.
97.
Outdoor Display means the display of retail goods or materials intended for the sale to the
general public that are not enclosed within a structure.
98.
Outdoor Storage means the storage of goods or materials not intended for sale to the
general public that are not enclosed within a structure.
99.
Outdoor Wood burning Furnace means an accessory building or structure that operates as
a heat source for an associated main building or buildings.
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100. 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.
101. 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 that 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.
102. Parking Space means an area of not less than 14.8 square meters (160 square feet),
measuring 2.4 meters (8 feet) by 6.1 meters (20 feet), exclusive of driveways or aisles, for
the temporary parking or storage of motor vehicles.
103. 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.
104. Place of Entertainment means land or a building used for entertainment purposes, which
may include but is not limited to a theatre, cinema, concert hall, arcade, live music,
performances, place of refreshment and a bar.
105. Piggery means a farm or building where pigs are bred or kept.
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106. 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.
107. Private Park means a park other than a public park that is privately owned and operated.
108. Private Street means a private street as defined in the Municipality's Subdivision By-law.
109. 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.
110. Public Authority means His Majesty the King in the Right of Canada, the Province of Nova
Scotia, the Municipality of the District of Digby or any Board, Commission or Committee of
the Municipality of the District of Digby 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.
111. 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, that furnishes public services including but not limited to:
communication by way of telephone or telegraph;
public transportation;
production, transmission, delivery or furnishing of water, gas, or electricity;
collection and disposal of sewage, excluding septic tank sludge dumping stations;
fire departments.
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112. Public Park means a park owned or controlled by a Public Authority.
113. Rear Yard - see "Yard"
114. Recreational Uses means the use of public or private land for parks, playgrounds, trails,
tennis courts, lawn-bowling greens, indoor and outdoor skating rinks, athletic fields, golf
courses, picnic areas, swimming pools, splash pads, skateparks, boating docks, day camps,
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.
115. Recycling Depot means a facility for the collection, repackaging and shipping of recyclable
materials.
116. Residential Occupancy means the occupancy or use of a building or part thereof for
sleeping accommodations but shall not include buildings where people are harboured or
detained and does not include hunting camps, cottages, recreational vehicles or other
similar seasonal occupancies.
117. Restaurant means a building or part thereof where food and drink are served to the public
for consumption within the building or for takeout but not for consumption in parking areas
appurtenant to the building.
118. Restaurant, Drive- in means a building or part thereof where food and drink are served to
the public for consumption in parking areas appurtenant to the building, whether or not
facilities are provided for consumption within the building.
119. 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 but does not
include the sale of alcohol or cannabis, unless authorized and/or licensed by the Province of
Nova Scotia.
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120. Road - see "Street".
121. Rowhouse Dwelling - see "Dwelling".
122. 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.
123. Self-Storage means a building, buildings, or facility that provides secure storage units for
individual occupancy and does not include warehousing or bulk commercial or industrial
storage.
124. Semi-Detached Dwelling - see "Dwelling"
125. Service and Utility Use means public and private uses that provide support systems for the
built environment. These shall include facilities provided by Government such as sewage
treatment plants, rights-of-way, school bus garages, fire stations, and facilities provided by
companies such as Nova Scotia Power Incorporated and Bell Aliant.
126. Service Industries include 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.
127. 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.
128. Service Station - see Automobile Service Station.
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129. 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.
130. Shopping Centre 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, and includes
"Shopping Mall", "Plaza", "Mall" and "Strip Mall"
131. Short Term Rental, also referred to as "AirBnB", means a dwelling or part of a dwelling
where the resident owner supplies temporary accommodation for compensation to the
travelling or vacationing public for a period of less than 30 days.
132. Side Yard - see "Yard"
133. 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, that 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 that shall display or include any letter, work, model, number, banner, flag,
pennant, insignia, device, or representation used as an announcement, direction, or
advertisement, and that 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; or murals placed on walls
that do not contain any commercial brand representation, commercial messaging, or
commercial advertising. No other indoor sign shall be deemed a sign within this By-law.
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(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.
(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 that is composed of two hinged or otherwise
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joined boards that leans on the ground.
134. Sign Area means the area of the smallest triangle, rectangle, circle, or semi-circle that 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, circle or semi-circle
that can totally circumscribe the sign in the plane of its largest dimension is considered the
sign area.
135. 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.
136. Single Unit Dwelling - see "Dwelling".
137. Storey means that portion of a building that is situated between the top of any floor and
the top of the floor next above it, and if there is no floor above it, that portion between the
top of such floor and the ceiling above it.
138. 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.
139. Street Line means the boundary line of a street.
140. 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 six and a half (6.56) feet in
height.
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141. Telecommunications Tower, Antennas, Buildings and Equipment means any facility,
apparatus, or other structure that is used for telecommunication transmission purposes.
142. Tourist Establishment means a building or buildings that 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, resort, a motel, a hotel or an
"Airbnb".
143. Tower means any structure that is designed and constructed primarily for the purpose of
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.
144. Townhouse Dwelling - see "Dwelling".
145. Transportation Services means the commercial storage, handling and transfer of goods,
equipment, vehicles, public transit services and other materials, but does not include taxi
services.
146. Travel Trailer or Recreational Vehicle means any vehicle or similar portable structure
supported by wheels, designed for travel, recreational and vacation uses to provide
dwelling accommodation of a temporary nature.
147. Triplex Dwelling - see "Dwelling".
148. Veterinary Establishment means the premises where animals, birds or other livestock are
treated for monetary gain.
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149. Vineyard means a property which is used for the commercial production and processing of
grapes.
150. Warehouse means a building where wares or goods are stored but shall not include a retail
store.
151. Wind Turbine means a system of components that converts the kinetic energy of the wind
into electrical or mechanical energy and includes all necessary components for energy
storage, control systems, and transmission systems.
(a)
Domestic Scale Wind Turbine means a device for converting wind power to produce
electricity which has a rated capacity of not more than 50kW (kilowatt) and which is
intended primarily to produce electricity for on-site consumption.
(b)
Wind Turbine Peak Acoustical Emission means the manufacturers rated noise
output of a wind turbine.
(c)
Community Scale Wind Turbine means a device for the converting wind power to
produce electricity which has a rate capacity of not more than 2 MW (megawatt)
and which is owned and developed by a municipality, a First Nation, a co-operative,
a not-for-profit organization, a community economic development corporation or
similar public body or organization and which is primarily intended to provide
renewable electricity for use within the local electrical distribution grid.
(d)
Utility Scale Wind Turbine means a device for converting wind power to produce
electricity which has a rated capacity of 2MW (megawatt) or greater and which is
intended primarily for the production of energy to be distributed through the
electric utility grid.
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(e)
Wind Turbine Height means:
i. for a wind turbine other than a roof-mounted wind turbine, the average
finished grade of the wind turbine to the tip of the wind turbine blade
when it reached its highest elevation.
ii. for a roof-mounted wind turbine, the buildings average finished grade to
the tip of the wind turbine blade when it reaches its highest elevation
152. Yard means an open, uncovered space on a lot appurtenant to a building and unoccupied
by buildings or structures except as specifically permitted elsewhere in this By-law. In
determining yard measurements, the minimum horizontal distance from the respective lot
lines shall be used.
(a)
Front Yard means a yard extending across the full width of a lot between the front
lot line and the nearest wall of any building or structure on the lot; a "minimum"
front yard means the minimum depth allowed by this By-law of a front yard on a lot
between the front lot line and the nearest main wall of any main building or
structure on the lot.
(b)
Rear Yard means a yard extending across the full width of a lot between the rear lot
line and the nearest wall of any main building or structure on the lot; and
"minimum" rear yard means the minimum depth allowed by this By-law of a rear
yard on a lot between the rear lot line and the nearest main wall of any main
building or structure on the lot.
(c)
Side Yard means a yard extending from the front yard to the rear yard of a lot
between a side lot line and the nearest wall of any building or structure on the lot;
and "minimum" side yard means the minimum width allowed by this By-law of a side
yard on a lot between a side lot line and the nearest main wall of any main building
or structure on the lot.
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(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.
153. Yard Sale means the sale of new or used household goods from a residential property on a
temporary or occasional basis and does not include the regular and ongoing sale of goods
from a residence as a commercial enterprise.
154. Zone means a designated area of land shown on the Schedules of this By-law.
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Part 4
Zones and Zoning Map
4.1
Zones
For the purpose of this By-law, the Municipality of Digby is divided into the following zones, the
boundaries of which are shown on the attached Schedules A1, A2, A3, A4, and A5. Such zones may
be referred to by the appropriate symbols as follows:
Zone
Symbol
General Development Area Zone
GDA
Urban Development Area Zone
UDA
Village Area Zone
VA
4.2
Zoning Map
Schedule A1 attached hereto may be cited as the "Zoning Map" and is hereby declared to form part
of the By-law together with detailed mapping of the Urban Development Area Zones identified on
Schedules A2, A3, A4 and A5.
4.3
Interpretation
The symbols used on Schedule A1 attached hereto refer to the appropriate zones established in
this By-law.
4.4
Application
The extent and boundaries of all zones are shown on Schedules A1, A2, A3, A4 and A5 attached
hereto and for all such zones, the provisions of this By-law shall respectively apply.
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4.5
Interpretation of Zoning Boundaries
Boundaries between zones shall be determined as follows:
4.5.1
Where a zone boundary is indicated as following a street or highway, the boundary shall
be the centre line of such street or highway.
4.5.2
Where a railroad right-of-way, electrical transmission line right-of-way, or watercourse
is included on the Zoning Map and serves as a boundary between two or more different
zones, a line midway on such right-of-way or watercourse and extending in the general
direction of the long division thereof shall be considered the boundary between zones,
unless specifically indicated otherwise.
4.5.3
Where a zone boundary is indicated as approximately following lot lines, the boundary
shall follow such lines.
4.5.4
Where a zone boundary is indicated as following the limits of the Municipality
boundary, the limits shall be the boundary.
4.5.5
Where a zone boundary is shown following the coastal shoreline the boundary shall
follow the actual high-water mark level.
4.6
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.
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Part 5
General Provisions for All Zones
5.1
Permitted Uses, Schedule B
Schedule "B" identifies the permitted uses for the General Development Area (GDA) Zone, the
Urban Development Area (UDA) Zone and the Village Area (VA) Zone. For the purpose of this
By-law, if a use is not listed as a permitted use in a zone, or if it is not accessory to a permitted
use within the zone, except where the use is a nonconforming use under the Municipal
Government Act, 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 and Structures
5.3.1
Accessory buildings, and structures shall be permitted in any zone within the
Municipality but shall not:
(a)
be used for human habitation;
(b)
be located within the minimum front yard setback 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 that is not adjacent to the flanking street;
(d)
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;
(e) exceed 10.6 m/35 ft. in height;
(f)
be built within 2 meters (6.5 ft.) of the main building.
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5.3.2
The maximum number of accessory structures that shall be permitted on a lot with
an area of less than 1,879 sq. meters (20,235 sq. ft.) is three (3).
5.3.3
Notwithstanding anything else in this By-law, drop awnings, clothesline poles, flag
poles, roof mounted solar panels, garden trellises, ground level decks and patios,
fences and retaining walls, as well as seasonal vegetable stands relating to the sale
of domestic agricultural product shall be exempted from any requirements under
Part 5.3.1. and shall not require a Municipal Development Permit.
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 for the purposes of accessory residential use or occupancy.
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.
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 in
accordance with the requirements of the Zone in which it is located.
5.6
Building to be Moved
No person shall move any building, residential or otherwise, within or into the area subject to this
By-law without obtaining a Municipal Development Permit.
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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
Change of Use on an Existing Lot
Notwithstanding anything else in this By-law, the use of a lot existing on or before the effective
date of this By-law may be changed to a use permitted on the lot by this By-law and qualify for a
Development Permit, where the lot frontage, front yard, or area is less than the zone
requirements and provided that all other requirements in this By-law are satisfied.
5.9
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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5.10
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.
5.11
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 as a result of subdivision and still be considered as an existing undersized lot under
this By-law.
5.12
Existing Uses
5.12.1
Land uses that were in existence on or before the effective date of this By-law and
that are still in existence and that would not be permitted 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
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the existence of the use before the effective date of this By-law.
5.12.2
Land uses that were in existence on or before the effective date of this By-law and
that are still in existence and that 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
Parts 238 through 241 of the Municipal Government Act.
5.13
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 fronts upon a public road, a private road
or is a lot created pursuant to Part 4.10 of the Municipality's Subdivision By-law.
5.14
Nonconforming Uses
5.14.1
Nonconforming uses shall be subject to Sections 238 - 241 of the Municipal
Government Act.
5.14.2
As enabled by Section 242 of the Municipal Government Act and provided for in Policy
IM11 of the Municipal Planning Strategy, the following relaxation of restrictions on
nonconforming structures, nonconforming uses of land, and nonconforming uses in a
structure may be considered in any zone by Development Agreement:
(a)
the extension, enlargement, alteration, or reconstruction of a
nonconforming structure;
(b)
the extension of a nonconforming use of land;
(c)
the extension, enlargement or alteration of structures containing
nonconforming uses, with or without permitting the expansion of the
nonconforming use into an addition;
(d)
the reconstruction of structures containing nonconforming uses, after
destruction;
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(e)
the recommencement of a nonconforming use of land or a nonconforming
use in a structure, after it is discontinued for a continuous period in excess of
six months;
(f)
the change in use of a nonconforming use of land or a nonconforming use in
a structure to another nonconforming use.
5.15
One Main Building to a Lot
With the exception of Grouped Dwellings no person shall erect more than one (1) main building on
a lot with an area of less than 1,879 sq. meters (20,235 sq. ft.).
5.16
Licenses, Permits and Compliance with other By-laws
5.16.1
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.
5.16.2
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.
5.17
Variance
5.17.1
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.
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5.17.2
Pursuant to Policy IM11 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.
5.18
Requirements Relating to Wind Turbines
The erection of wind turbines are subject to the following:
5.18.1
Domestic Scale Wind Turbines
Domestic scale turbines shall be located so that the sound level generated by the
turbine shall not exceed 40 dB(A) (decibels) heard at any adjacent dwelling. The
setback necessary to meet this requirement shall be determined by using the
manufactures Peak Acoustical Emission documentation and the "Sound Level by
Distance from Source", Table 1, below:
Table 1: Sound Level by Distance from Source
Sound
Level
Change
dB(A)
Setback
Distance
m
Sound
Level
Change
dB(A)
Setback
Distance
m
Sound
Level
Change
dB(A)
Setback
Distance
m
-24 to -29
4.5
-52
100
-63
355
-30 to -34
9
-53
112
-64
398
-35 to -39
16
-54
126
-65
447
-40 to -42
28
-55
141
-66
502
-43 to -44
40
-56
159
-67
563
-45
50
-57
178
-68
632
-46
56
-58
200
-69
709
-47
63
-59
224
-70
795
-49
71
-60
251
-71
892
-50
80
-61
282
-51
89
-62
317
Source: Danish Wind Energy Association, 2003
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Calculation Example:
A wind turbine with a manufactures maximum Wind Turbine Peak acoustical
emission of 85dB(A) will require a 50 m setback to reduce the noise level to 40dB(A)
at the adjacent dwelling.
Maximum Sound
Level at any
adjacent Dwelling
-
Wind Turbine
Peak Acoustical
Emission
=
Change in Sound
Level
40dB(A)
-85dB(A)
=
-45dB(A)
The "Sound Level Change" value (-45) can be entered into the "Sound Level by
Distance from Source" table to determine the distance required (50 m) to reduce
the sound level to 45dB(A) at the property line. The distance value read in the table
is the setback value (250 m from adjacent dwelling).
5.18.2
Community Scale Wind Turbines
(a)
Community Scale Wind Turbine shall be located a minimum setback distance
of two (2) times of the wind turbine height from any adjacent dwelling;
(b)
Notwithstanding provisions contained in 4.2.2(a) a Community Scale Wind
Turbine shall be located so that the sound level generated by the turbine
does not exceed 45 dB(A) (decibels) at any adjacent dwelling.
(c)
Where a lot, located immediately adjacent to and abutting a lot where a
community scale wind turbine is to be erected is owned and/or is subject to
a lease for the purposes of wind turbine development, the setback
requirement from any adjacent dwelling contained in Part 5.18.2(b) shall be
waived.
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5.18.3
Utility Scale Wind Turbines
(a)
Utility Scale Wind Turbine shall be setback a minimum distance of four times
(4X) the wind turbine height from any adjacent dwelling.
(b)
Where a lot, located immediately adjacent to and abutting a lot where a
utility scale wind turbine is to be erected, is subject to a lease for the
purposes of wind turbine development the setback requirement from a
dwelling contained in Section 5.18.2 (a) shall be waived.
5.18.4
Multiple Turbines on a Lot
Nothing in this By-law will prevent the erection of more than one (1) wind turbine
on a lot provided that all relevant provisions of this By-law are met.
5.19
Fences
5.19.1
A Development Permit shall not be required for fences that do not exceed 2 meters
(6.6 ft.) in height.
5.19.2
A Development Permit shall be required for fences exceeding 2 meters (6.6 ft.) in
height.
5.19.3
Fences shall be limited to a maximum height of 2.4 meters (8 ft.) in all residential uses
and 3.6 meters (12 ft.) in all other uses.
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5.19.4
All fences, regardless of whether a Development Permit and/or a Building Permit is
required, shall conform to the following general requirements:
(a)
corner vision triangle restrictions shall apply for all corner lots;
(b)
fences cannot contain barbed wire or be electrified unless erected in
conjunction with a permitted commercial, agricultural or industrial use and, in
such cases, barbed wire is prohibited from use in any yard that abuts a
residential use.
5.20
Front Yard for a Through Lot
In the case of a through lot, the front yard shall be deemed to be any yard that abuts either of the
two opposite public streets.
5.21
Height Regulations
The height regulations of this By-law shall not apply to church spires, water tanks, elevator
enclosures, silos, flagpoles, television or radio or cellular communication antennas, ventilators,
skylights, chimneys, clock towers or wind turbines.
5.22
Home Occupations
Within a residential dwelling, or in an accessory building on the same lot, a home
occupation shall be permitted, subject to the following criteria:
(a)
home occupation uses shall occupy less than twenty-five percent of the total
floor area of the dwelling unit, to a maximum of 65 m2 (699.7 sq. ft.);
(b)
no more than five persons, including the residential tenant, are employed;
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(c)
home occupation uses shall not produce excessive noise, odour, or hazard to
the public;
(d)
two home occupation uses shall be permitted in a single dwelling unit
provided that at least one use is owned or operated by the residential tenant,
the total floor area of both uses is less than twenty-five percent of the total
floor area of the dwelling unit, and no more than five persons, including the
residential tenant, are employed;
(e)
when only one home occupation use is operated within any dwelling unit, it
must be owned or operated by the residential tenant;
(f)
the exterior appearance of the residence shall not be substantially altered to
accommodate the use;
(g)
In addition to parking being provided as set out in the Land Use By-law for the
dwelling unit, one parking space shall be provided for each non-resident
employee;
(h)
no outdoor storage or display shall be permitted.
5.23
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.
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5.24
Loading Spaces
5.24.1
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 2,787 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.
5.24.2
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.) of height clearance.
5.24.3
The provision of a loading space is not required for any building with less than 278
square meters (3,000 sq. ft.).
5.24.4
No such loading spaces shall be located within any required front yard or be located
within any required yard that abuts a Residential, Recreation and Open Space or
Institutional use.
5.24.5
Loading space areas, including driveways leading thereto, shall be constructed of and
maintained with a stable surface that is treated so as to prevent the raising of dust or
loose particles.
5.24.6
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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5.25
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 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
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5.26
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.
5.27
Outdoor Wood Furnaces
Outdoor wood furnaces shall be setback a minimum of 15.2 meters (50 ft.) from any property line.
5.28
Parking Requirements
For every building or structure to be erected or enlarged, off- street parking, located on the same
lot 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 Structure
Minimum Parking Requirements
Dwelling containing not more than two
dwelling units
1 parking space for each dwelling unit
All other dwellings
1.5 parking space for dwelling unit
Church halls, auditoria, restaurants, theatre,
arenas, halls, stadia private clubs and other
places of assembly
1 parking space for every 10 fixed seats or for
every 10 m2 (107.6 sq. ft.) devoted to public
use where there are no fixed seats
Hospitals
0.5 parking spaces for each bed or 1 parking
space for each 37m2 (398.27 sq. ft.) of floor
area, whichever is the greater plus 0.5 for each
employee and 1 for each doctor
Senior citizen apartment
0.5 parking spaces for each dwelling unit
Nursing, rest or convalescent home
0.5 parking spaces for each bed
Hotels, staff houses, motels, tourist cabins
0.5 parking spaces for each suite or rental unit
plus 1 additional parking space for each 20 m2
(215.28 sq. ft.) of floor area devoted to public
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use exclusive of lobbies and halls
Offices, clinics
1 parking space for each 20 m2 (215.28 sq. ft.)
of floor area
Shopping centre
parking area to be three times floor area,
exclusive of common malls between stores
Funeral homes
0.2 parking spaces for each seat of the chapel
Bowling alleys & curling rinks
0.5 parking spaces for each person in the
designed capacity of the establishment
(designed capacity shall mean six persons per
bowling lane and eight 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.
Elementary schools
1.5 parking spaces for each teaching classroom
High schools
2 parking spaces for each teaching classroom
Nursery schools and day care centres
1 parking space for each employee
Bed and breakfasts, inns & boarding houses
1.5 spaces for each permanent dwelling unit
and 0.5 space for each unit available to
transients or boarders
Commercial uses other than those specified
above
1 space for every 20 m2 (215.28 sq ft.) of
interior or exterior retail area
Manufacturing and industrial uses
1 space for each 75 m2 (807.31 sq. ft.) of gross
floor area, plus one (1) space for each 20
meters squared (215 sq. ft.) for any related
commercial or offices uses.
Home occupation and office uses
1 space for each 30 m2 (322.93 sq. ft.) of floor
area
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5.29
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;
(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)
the parking area shall be within 91 meters (300 ft.) of the location that it is
intended to serve;
(d)
when the parking area is of a permanent hard surfacing, each parking space
shall be clearly demarcated and maintained as such:
(e)
no gasoline pumps or other service station equipment shall be located or
maintained on the parking lot;
(f)
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;
(g)
in addition, the location of approaches or driveways shall not be closer than
15.2 meters (50 ft.) from the limits of the right-of-way at street intersection;
(h)
entrance and exit ramps to parking areas shall not exceed two (2) in number
for each 30.5 meters (100 feet) of lot frontage and each such ramp shall be a
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width of 7.6 meters (25 ft.) at the street line and edge of pavement.
(i)
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.).
5.30
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 any government body for the purposes of providing
public services or facilities.
5.31
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 Section
241 - 242 of the Municipal Government Act of Nova Scotia shall prevail.
5.32
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 than 1.8 meters (6 ft.) to the lot line of the
flanking street.
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5.33
Temporary Uses Permitted
5.33.1
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.
5.33.2
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 displays for special retail promotions.
5.34
Use of Vehicles as a Residence
No automobile, truck, bus, coach, recreation vehicle, shipping container ("TEU"), beached vessel
or any prefabricated structure not purpose built for residential occupancy shall be used for human
habitation within the Municipality, whether or not same is mounted on wheels.
5.35
Development Adjacent to Streams, Rivers, Watercourses, Lakes and Wetlands
Notwithstanding any other requirements contained in this By-law all new development must be
setback a minimum of 5 meters (16.4 ft.) from any stream, river, watercourse, lake or wetland.
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Part 6
Signs
6.1
General
6.1.1
Where this Part is inconsistent with the regulations respecting advertising signs on or
near public highways made or administered by the Province of Nova Scotia
Department of Public Works the more restrictive regulations shall apply.
6.1.2
No person shall erect a sign without first obtaining a development permit and no
permit to erect a sign shall be issued unless intention to fulfil all the sign provisions of
this By- law is shown.
6.2
Safety and Maintenance
6.2.1
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.
6.2.2
All signs and all parts thereof shall be kept in a good state of repair and maintenance
and shall not be allowed to become unsightly or dangerous.
6.3
Signs Permitted in all Zones
The following signs are permitted in all zones:
(a)
signs identifying name and address of resident and of not more than 0.2 m2
(2.15 sq. ft.) in sign area;
(b)
"no trespassing" signs or other such signs regulating the use of property and
of not more than 0.2 m2 (2.15 sq. ft.);
(c)
real estate signs not exceeding 1.5 m2 (16.15 sq. ft.) that advertise the sale,
rental, or lease of the premises;
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(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 m2 (5.38 sq. ft.) in area;
(e)
signs erected by a governmental body or under the direction of such a body;
(f)
memorial signs or tablets and signs denoting the date of erection of a
structure;
(g)
the flag, pennant, or insignia of any government, religious, charitable, or
fraternal organization;
(h)
a sign having an area of not more than 4.5 m2 (48.44 sq. ft.), incidental to
construction and within the area designated for such purposes;
(i)
signs relating to an election, provided they are erected not more than forty-
five days preceding the ordinary polling date and are removed within seven
days after the ordinary polling date; and
(j)
a limit of one (1) sign per lot relating to a home occupation not
exceeding 1 sq. meters (10.76 sq. ft.) in area
6.4
Signs Prohibited in all Zones
The following signs shall not be permitted in any zone:
(a)
signs that incorporate, in any manner, any flashing or moving illumination that
varies in intensity or that varies in colour and signs that have any visible moving
parts, visible revolving parts, or visible mechanical movement achieved by
electrical pulsations or by actions of normal wind currents;
(b)
any sign or sign structure that constitutes a hazard to public safety or health;
(c)
signs that by reason of size, location, content, colouring, or manner of
illumination, obstruct the vision of drivers, either when leaving a roadway or
driveway, or obstruct or detract from the visibility or effectiveness of any
traffic sign or control device on public streets and roads;
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(d)
any sign that 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 that 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 that no longer advertises a bonafide business conducted or a product
sold;
(g)
signs on public property or public right-of-way, unless erected by a
government body or directed to be so located by order of a governmental
body, or projecting wall signs, or signs as may be permitted by request of a
government body;
(h)
signs painted on a tree, stone, cliff, or other natural object;
(i)
search lights, pennants, spinners, banners and streamers, provided that on
occasions such as grand openings, county fairs, public festivals, exhibitions,
and similar occasions, the same are permitted for a period not to exceed two
weeks.
(j)
signs that contravene Section 5.1 of the Human Rights Act
6.5
Signs for Commercial and Industrial Uses
6.5.1
Limit on Number
6.5.1
For the purpose of this section, where a multiple tenancy building is occupied by more
than one business, each business area shall be considered as separate premises.
6.5.1.2
Notwithstanding anything else in this By-law or elsewhere, not more than four signs
may be erected on any premises at any one time provided that:
(a)
a double-faced sign shall count as a single sign;
(b)
signs enumerated in Part 6.3.4 shall not be counted in calculating the total;
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(c)
not more than one ground sign shall be permitted on any premise,
except in the case of a corner lot where a maximum of two ground signs shall
be permitted;
(d)
not more than one facial wall sign per wall shall be permitted for each
business premises; and
(e)
not more than one projecting wall sign per wall shall be permitted for
each business premises.
6.5.2
Facial Wall Signs
No facial wall sign shall:
a) Extend above the wall on which it is placed;
b) Extend beyond the extremities of the wall to which it is attached;
c)
Project more than 40 cm (15.7'') from the wall of the building to which it is
attached; and
d) Exceed 10 m2 (107.6 sq. ft.) in total combined sign area.
6.5.3
Projecting Wall Signs
No projecting wall sign shall:
(a)
exceed 2 m2 (21.53 sq. ft.) in sign area;
(b)
project more than 2 m (6.56 ft.) from the wall upon which it is attached; and
(c)
hang lower than 2.5 m (8.2 ft.) above grade.
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6.5.4
Ground Signs
No ground sign shall:
(a)
extend beyond a property line or project over a right-of-way, other adjoining
lands, daylighting triangles, or any driveway or parking space;
(b)
be set back less than 1 m (3.28 ft.) from any street line, common lot boundary,
driveway, aisle, or parking area; and
(c)
have more than one sign on the support structure.
6.5.5
Roof Signs
No roof signs shall be permitted.
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Part 7
Setback and Separation Distances for Specific Uses
7.1
Minimum Setback and Separation Distances for Specific Uses
Notwithstanding anything other provisions of this By-law, where permitted as a use within a
zone pursuant to Schedule "B" the following setback and separation distance requirements
shall apply to the specified uses within the General Development Area (GDA) Zone, the Urban
Development Area (UDA) Zone and the Village Area (VA) Zone:
Use
Setback from a Property Line
Setback from Adjacent Dwelling
Keeping of any Livestock
7.6 meters (25 ft.)
22.8 meters (75 ft.)
Automotive Repair
15.2 meters (50 ft.)
15.2 meters (50 ft.)
Service Station
15.2 meters (50 ft.)
15.2 meters (50 ft.)
Restaurant
15.2 meters (50 ft.)
15.2 meters (50 ft.)
Recycling Depot
15.2 meters (50 ft.)
15.2 meters (50 ft.)
Manufacturing Facility
15.2 meters (50 ft.)
15.2 meters (50 ft.)
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Part 8
General Development Area (GDA) Zone
8.1
Uses Permitted
No development permit shall be issued in a General Development Area (GDA) zone, except
for one or more of the uses identified in Schedule "B".
8.2
Zone Requirements
8.2.1
Permitted Use per Schedule "B"
Other than as provided for in Part 7.1, the following minimum requirements shall
apply to the General Development Area (GDA) Zone;
Minimum Lot Area
2,025 m2 /21,798 Sq. Ft.
Minimum Lot Frontage
6.1 m/20 ft.
Minimum Front Yard
7.6 m/25 ft.
Minimum Rear Yard
7.6 m/25 ft.
Minimum Side Yards
3 m/10 ft.
Maximum Height of Structures
10.6 m/35 ft.
8.2.2
Minimum Frontage, Two Unit Dwellings
(a)
The subdivision of lands containing semi-detached and townhouse dwellings
permitted subject to Nova Scotia Department of Environment and Climate
Change approval for onsite septic services.
(b)
The minimum frontage requirement for semi-detached and townhouse
dwellings subject to subdivision shall be 6.1 meters (20 ft.) per unit.
(c)
The minimum side yard setback for a common wall shall be 0 meters (0 ft).
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8.2.3
Waiving of Minimum Lot Frontage and Area Requirements
The minimum lot frontage requirements may be waived for any lot created pursuant
to Section 4.1.9, 4.1.10 or 4.1.11 of the Subdivision By-law and the minimum lot area
may be waived for lots created for "Non-development Purposes".
8.2.4
Minimum Lot Area for Marine Related Uses
The minimum lot area shall be waived for any Marine Related Use.
8.3
Minimum Separation Distances for Specific Uses
With the General Development Area (GDA) Zone the following minimum separation
distance requirement shall apply:
Use
Setback from a Property Line
Setback from Adjacent Dwelling
All Industrial Uses
15.2 meters (50 ft.)
15.2 meters (50 ft.)
Licensed Establishments
15.2 meters (50 ft.)
15.2 meters (50 ft.)
Vineyard
30.5 meters (100 ft.)
30.5 meters (100 ft.)
Fur Farm
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Livestock Operations
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Piggery
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Feed Lots
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Gun Range
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Landfill/C&D Facilities
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Municipality of Digby Land Use By-law
Page 66 of 70
Part 9
Urban Development Area (UDA) Zone
9.1
Uses Permitted
No development permit shall be issued in an Urban Development Area (UDA) zone, except for one
or more of the uses identified in Schedule "B" and subject to conditions contained in Part 7.
9.2
Zone Requirements
9.2.1
Residential, Conservation/Environmentally Sensitive Areas, Recreation and Open
Space Uses
Minimum Lot Area
464.5 m2/5,000 sq. ft
Minimum Lot Frontage
15.2 m/50 ft
Minimum Front Yard
7.6 m/25 ft
Minimum Rear Yard
7.6 m/25 ft
Minimum Side Yards
3.6m/12 ft on one side, 2.4 m/8 ft the
other
Maximum Height of Structure
10.6 m/35 ft
9.2.1.1
Minimum Frontage, Semi-detached and Townhouse Dwellings
(a)
The minimum frontage requirement for semi-detached and townhouse
dwellings subject to subdivision shall be 6.1 meters (20 ft.) per unit.
(b)
The minimum side yard setback for a common shall be 0 meters (0 ft).
9.2.1.2
Multiple Unit Structures Containing Four or more Units
(a)
The minimum lot area for multiple unit structures containing four (4) or more
units shall be 3,048 sq. meters (10,000 sq. ft.).
(b)
The minimum side yard setback for multiple unit structures containing four (4)
or more units shall be 7.6 meters (25 ft.).
Municipality of Digby Land Use By-law
Page 67 of 70
9.2.1.3
Minimum Lot Area, Conservation/Environmentally Sensitive Areas, Recreation and
Open Space Uses
The minimum lot area for Conservation/Environmentally Sensitive Areas, Recreation
and Open Space Uses shall be 0 square meters (0 sq. Ft.).
9.2.2.1
Commercial, Institutional, Agriculture Uses
Minimum Lot Area
929 sq. meters/10,000 sq. ft
Minimum Lot Frontage
15.2 m/50 ft
Minimum Front Yard
7.6 m/25 ft
Minimum Rear Yard
7.6 m/25 ft
Minimum Side Yards
7.6 m/25 ft
Maximum Height of Structure
10.6 m/35 ft
9.2.2.2
Minimum Separation Distances from Adjacent Dwellings
The minimum separation distance for all permitted Commercial, Institutional and
Agriculture Uses from any dwelling located on an abutting lot shall be 15.2 meters (50
ft.).
9.2.2.3
Construction Trades and Contracting Uses
Construction Trades and Contracting uses shall be considered and regulated as a
Commercial Use within the Urban Development Area (UDA) Zone.
Municipality of Digby Land Use By-law
Page 68 of 70
9.3
Prohibited Uses
Notwithstanding and in addition to any provisions of Schedule "B", the following uses
shall be prohibited within the Urban Development Area (UDA) Zone;
(a) Vineyards;
(b) Commercial Uses exceeding 464.5 sq. meters (5,000 sq.ft.) in Gross Floor
Area.
Municipality of Digby Land Use By-law
Page 69 of 70
Part 10
Village Area (VA) Zone
10.1
Uses Permitted
No development permit shall be issued in a Village Area (VA) Zone, except for one or more of the
uses identified in Schedule "B".
10.2
Zone Requirements
10.2.1
Permitted Use per Schedule "B"
Other than as provided for in Part 7.1, the following minimum requirements shall
apply to the Village Area (VA) Zone;
Minimum Lot Area
2,025 m2 /21,798 Sq. Ft.
Minimum Lot Frontage
6.1 m/20 ft.
Minimum Front Yard
7.6 m/25 ft.
Minimum Rear Yard
7.6 m/25 ft.
Minimum Side Yards
3 m/10 ft.
Maximum Height of Structures
10.6 m/35 ft.
10.2.2
Minimum Frontage, Two Unit Dwellings
(a)
The subdivision of lands containing semi-detached and townhouse dwellings
permitted subject to Nova Scotia Department of Environment and Climate
Change approval for onsite septic services.
(b)
The minimum frontage requirement for semi-detached and townhouse
dwellings subject to subdivision shall be 6.1 meters (20 ft.) per unit.
(c)
The minimum side yard setback for a common wall shall be 0 meters (0 ft).
Municipality of Digby Land Use By-law
Page 70 of 70
10.2.3
Waiving of Minimum Lot Frontage and Area Requirements
The minimum lot frontage requirements may be waived for any lot created pursuant
to Section 4.1.9, 4.1.10 or 4.1.11 of the Subdivision By-law and the minimum lot area
may be waived for lots created for "Non-development Purposes".
10.2.4
Minimum Lot Area for Marine Related Uses
The minimum lot area shall be waived for any Marine Related Use.
10.3
Minimum Separation Distances for Specific Uses
Within the Village Area (VA) Zone the following minimum separation distance
requirement shall apply:
Use
Setback from a Property Line
Setback from Adjacent Dwelling
All Industrial Uses
15.2 meters (50 ft.)
15.2 meters (50 ft.)
Licensed Establishments
15.2 meters (50 ft.)
15.2 meters (50 ft.)
Vineyard
30.5 meters (100 ft.)
30.5 meters (100 ft.)
Fur Farm
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Livestock Operations
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Piggery
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Feed Lots
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Gun Range
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Landfill/C&D Facilities
30.5 meters (100 ft.)
76.2 meters (250 ft.)
Municipality of Digby Land Use By-law
Schedule A1, Zoning Map
Municipality of Digby Land Use By-law
Schedule A2, Urban Development Area Zoning, Bear River
Municipality of Digby Land Use By-law
Schedule A3, Urban Development Area Zoning, Mount Pleasant
Municipality of Digby Land Use By-law
Schedule A4, Urban Development Area Zoning, Smiths Cove
Municipality of Digby Land Use By-law
Schedule A5, Urban Development Area Zoning, Weymouth
General Development
Area (GDA) Zone
Urban Development
Area (UDA) Zone
Village Area (VA)
Zone
Land Uses
Permited Yes or No
Permited Yes or No
Permited Yes or No
Residential
Single Unit Dwelling
Y
Y
Y
Two Unit Dwelling, Duplex
Y
Y
Y
Two Unit Dwelling, Semidetached
Y
Y
Y
Three Unit Dwelling, Triplex
Y
Y
Y
Townhouse Dwelling (4 units or more)
Y
Y
Y
Multiple Unit Dwelling (4 units or more)
Y
Y
Y
Homes for Special Care
Y
Y
Y
Assisted Living/Residential Care
Y
Y
Y
Mobile Home Dwelling
Y
Y
Y
Converted Dwelling
Y
Y
Y
Secondary Suite
Y
Y
Y
Grouped Dwellings
Y
Y
Y
Mobile Home Park
Y
Y
Y
Commercial Uses Associated with Residential Use
Home Occupations
Y
Y
Y
Short Term Rental/ "airBnB"
Y
Y
Y
Bed and Breakfast, Inns
Y
Y
Y
Day Care
Y
Y
Y
Personal Services
Y
Y
Y
Schedule B, Permitted Uses within Zones
Note - Permitted Uses may be subject to conditions as identified in Parts 8, 9 and 10 of this By-law
Kennel
Y
Y
Y
Animal Grooming
Y
Y
Y
Domestic Arts
Y
Y
Y
Artist Studio/Gallery
Y
Y
Y
Commercial
Retail
Y
Y
Y
Professional/Business Office
Y
Y
Y
Personal Service
Y
Y
Y
Commercial Service
Y
Y
Y
Auto Repair and Service (incl. auto body)
Y
Y
Y
Auto Sales
Y
Y
Y
Recreational Vehicle Sales
Y
Y
Y
Restaurant (eat in/take out/drive through)
Y
Y
Y
Licensed establishment
Y
Y
Y
Theatre/Place of Entertainment
Y
Y
Y
Commercial Accommodation (Hotel, motel)
Y
Y
Y
Tourist Accommodation and Attractions (Resort, cabins)
Y
Y
Y
Service Station/Gas Bar
Y
Y
Y
Outdoor Commercial Display
Y
Y
Y
Educational Faciltiy (Private)
Y
Y
Y
Parking Lots
Y
Y
Y
Building/Professional Trades Contractor
Y
Y
Y
Warehouse and Distribution
Y
Y
Y
Self Storage
Y
Y
Y
Recycling Depot
Y
Y
Y
Manufacturing - small scale
Y
Y
Y
Acccessory Residential Dwellings
Y
Y
Y
Craft Production - alcohol/cannabis
Y
Y
Y
Campground
Y
Y
Y
Industrial
Manufacturing - heavy
Y
N
Y
Abattoir
Y
N
Y
Aggregate Production/Processing
Y
N
Y
Apshalt Production/Processing
Y
N
Y
Fertilizer/Chemical Production and storage
Y
N
Y
Forestry Production/Processing
Y
N
Y
Warehousing, exterior storage
Y
N
Y
Bulk Fuel Storage
Y
N
Y
Food Processing
Y
N
Y
Landfill - C&D Bebris Management
Y
N
Y
Scrap and Salvage Yard
Y
N
Y
Machine Shop
Y
N
Y
Composting Facility
Y
N
Y
Heavy Equipment Repair
Y
N
Y
Transportation Services
Y
N
Y
Trades/Construction Contracting
Y
Y
Y
Telecommunication Facilities
Y
N
Y
Energy Production Facilities- Tidal, Solar, Wind
Y
N
Y
Institutional
Arts and Culture Facility
Y
Y
Y
Community Centres
Y
Y
Y
Places of Worship
Y
Y
Y
Religious Facility (camps, residences)
Y
Y
Y
Cemetery/Crematorium
Y
Y
Y
Museums
Y
Y
Y
Public Art Gallery
Y
Y
Y
Hospital
Y
Y
Y
Airport
Y
N
Y
Emergency Health Services Facility
Y
Y
Y
Schools (primary/middle/High, public, private)
Y
Y
Y
University/College
Y
Y
Y
Library
Y
Y
Y
Not-for-Profit/Fraternal Facility
Y
Y
Y
Public Utilities and Infrastructure Uses
Agriculture
Agricultural Production, Commercial Scale
Y
N
Y
Agricultural Production, Domestic Scale
Y
Y
Y
Agricultral Processing, Commercial Scale
Y
N
Y
Agricultral Processing, Domestic Scale
Y
Y
Y
Agricultural Product Sale/Market
Y
Y
Y
Fur Farm
Y
N
Y
Livestock Operation, Commercial Scale
Y
N
Y
Livestock Operation,Domestic Scale
Feed Lot
Y
N
Y
Piggery
Y
N
Y
Agricultural Equipment Sales and Service
Y
N
Y
Greenhouse
Y
Y
Y
Equestrian Centres
Y
N
Y
Conservation/Environmentally Sensitive Areas
Marshland
Y
Y
Y
Floodplain
Y
Y
Y
Floodway
Y
Y
Y
Flood Fringe
Y
Y
Y
Water Supply Protection Area
Y
Y
Y
Coastal Protection Zone (Prov. Act/Reg)
Y
Y
Y
Recreation/Open Space
Sport/Atheletic Field
Y
Y
Y
Community Centre
Y
Y
Y
Golf Course/driving range, public
Y
Y
Y
Golf Course/driving range, private
Y
Y
Y
Park, public
Y
Y
Y
Park, private
Y
Y
Y
Trails
Y
Y
Y
Not-for-Profit camp
Y
Y
Y
Gun range
Y
N
Y
Indoor Recreation Facility
Y
Y
Y
Marine Related
Fish and Marine Product Processing
Y
N
Y
Wharf, public
Y
N
Y
Wharf, private
Y
N
Y
Boat Building/Repair
Y
N
Y
Boat/Equipment Storage
Y
N
Y
Fishing Equipment Manufacturing and Repair
Y
N
Y
Boat Haul Out
Y
N
Y
Fish Product Warehousing/Refrigeration
Y
N
Y
Lobster Storage
Y
N
Y
Land Based aquaculture
Y
N
Y
Land based tidal energy generation
Y
N
Y