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unofficial consolidation, the official version is held by the municipal clerk.
Adopted by Municipal Council:
November 21, 2019
Amended and Approved by the Minister of
Municipal Affairs:
March 5, 2020
Amended to May 21, 2026
Municipality
of
the
County of Kings
BY-LAW 106
LAND USE BY-LAW
By-law #106 - Land Use By-law
Organization of Municipality of the County of Kings
Land Use By-law
The following is intended for reference and does not form part of the Municipality of the County of
Kings Land Use By-law
The Land Use By-law regulates the use of land and buildings in the Municipality of the County of Kings by
type, location and intensity, and by setting procedural requirements for permit applications to develop
property.
The Land Use By-law implements the Municipality's land use policies, in the Municipality of the County of
Kings Municipal Planning Strategy; however, it is the responsibility of the applicant or property owner to
ensure compliance with all applicable municipal, provincial and federal legislation.
As a reference document, the Land Use By-law's Table of Contents is an important index. The By-law is
organized in five (5) parts that group sections with related information. The five (5) parts are as follows:
PART 1: INTRODUCTION contains basic information on the legal framework of the By-law.
PART 2: LAND USE ZONES contains Zoning Maps, permitted uses and general subdivision and development
standards for each zone. Overlays outline regulations that may apply to specific areas in the Municipality in
conjunction with the zone regulations. The official Zoning Maps identify overlay areas as well as the zones.
The Zoning Maps and Overlays are also available on the Municipal website at www.countyofkings.ca.
PART 3: DEVELOPMENT REGULATIONS contains general regulations that apply to uses and development.
These regulations supplement those in the Part 2 and are generally cross-referenced.
PART 4: PROCESS provides information on the Municipality's development application procedures.
PART 5: DEFINITIONS define uses and terms in the Land Use By-law to assist in the interpretation.
Using the Land Use By-law to determine zoning and regulations for a Specific Lot
1. To determine the zoning regulations applicable to a specific lot, you must first find the site on the
official Zoning Maps. The appropriate map will show the land use zone that applies to the site. It will
also show if the site is subject to an overlay.
2. Look up the corresponding regulations. Start with the Land Use Zones (Part 2). The zone identifies
what uses are permitted and may be subject to additional conditions and contains development
standards that apply to the uses, such as density and lot requirements. Information on overlays that
may apply to the lot is also contained in Part 2.
3. Look up the General Regulations (Part 3). The General Regulations apply to all lots in all zones and
provide information on requirements including, lot and development standards, parking
requirements and sign requirements. The Alternative Energy Generation Regulations apply to the
Wind Turbine Overlay.
By-law #106 - Land Use By-law
4. Refer to Part 4: Process and Part 5: Definitions for additional information.
5. Discuss your proposed land use or development with a development officer from the Municipality.
6. For properties located in the Grand Pre area, refer to the Grand Pre Heritage Conservation District
Plan, By-law and Guidelines to determine if they are applicable.
By-law #106 - Land Use By-law
Table of Contents
1
TABLE OF CONTENTS
PART 1
INTRODUCTION
SECTION 1 ENACTMENT................................................................................................................................... 1-1
1.1
Title ................................................................................................................................................... 1-1
1.2
Purpose............................................................................................................................................. 1-1
1.3
Control of Development.................................................................................................................1-1
1.4
Previous By-laws.............................................................................................................................. 1-1
1.5
Effective Date .................................................................................................................................. 1-1
1.6
Severability....................................................................................................................................... 1-1
1.7
Compliance with Other Legislation ............................................................................................. 1-1
1.8
General Interpretation.................................................................................................................... 1-2
1.9
Rules of Interpretation................................................................................................................... 1-2
SECTION 2 ADMINISTRATION........................................................................................................................... 2-1
2.1
Administer........................................................................................................................................ 2-1
2.2
Appointment.................................................................................................................................... 2-1
2.3
Final Decision................................................................................................................................... 2-1
2.4
Right to Enter .................................................................................................................................. 2-1
2.5
Contravention.................................................................................................................................. 2-1
PART 2
LAND USE ZONES
SECTION 3 ESTABLISHMENT OF LAND USE ZONES..................................................................................... 3-1
3.1
General Requirements.................................................................................................................... 3-1
3.2
Development Agreements............................................................................................................ 3-1
3.3
Zone Boundaries and Overlay Extent.......................................................................................... 3-1
3.4
Zoning Maps and Overlays.......................................................................................................... 3-2
SECTION 4
RESIDENTIAL ZONES...................................................................................................................... 4-1
4.1
Summary of Residential Zone Names and Symbols................................................................ 4-1
4.2
Summary of Uses Permitted within Residential Zones............................................................... 4-1
4.3
RESIDENTIAL ONE UNIT (R1) ZONE......................................................................................... 4.3-1
4.4
RESIDENTIAL ONE AND TWO UNIT (R2) ZONE..................................................................... 4.4-1
By-law #106 - Land Use By-law
Table of Contents
2
4.5
RESIDENTIAL MIXED DENSITY (R3) ZONE............................................................................... 4.5-1
4.6
RESIDENTIAL MULTI-UNIT (R4) ZONE...................................................................................... 4.6-1
4.7
COMPREHENSIVE NEIGHBOURHOOD DEVELOPMENT (R5) ZONE..................................... 4.7-1
4.8
NEW MINAS HOLDING (H1) ZONE (removed May 2, 2023, New Minas Secondary
Plan)................................................................................................................................................. 4.8-1
SECTION 5 COMMERCIAL ZONES.................................................................................................................... 5-1
5.1
Summary of Commercial Zone Names and Symbols.............................................................. 5-1
5.2
Summary of Uses Permitted within Commercial Zones........................................................... 5-1
5.3
GENERAL COMMERCIAL (C1) ZONE........................................................................................ 5.3-1
5.4
CENTRAL BUSINESS (C2) ZONE................................................................................................ 5.4-1
5.5
MIXED COMMERCIAL RESIDENTIAL (C3) ZONE.................................................................... 5.5-1
5.6
RURAL COMMERCIAL (C4) ZONE........................................................................................... 5.6-1
5.7
HIGHWAY COMMERCIAL (C5) ZONE..................................................................................... 5.7-1
5.8
COMPREHENSIVE BUSINESS DEVELOPMENT (C6) ZONE................................................... 5.8-1
SECTION 6 INDUSTRIAL ZONES....................................................................................................................... 6-1
6.1
Summary of Industrial Zone Names and Symbols.................................................................... 6-1
6.2
Summary of Uses Permitted within Industrial Zones................................................................. 6-1
6.3
LIGHT INDUSTRIAL COMMERCIAL (M1) ZONE....................................................................... 6.3-1
6.4
HEAVY INDUSTRIAL (M2) ZONE................................................................................................ 6.4-1
6.5
RURAL INDUSTRIAL (M3) ZONE................................................................................................ 6.5-1
SECTION 7 INSTITUTIONAL ZONE.................................................................................................................... 7-1
7.1
Summary of Institutional Zone Name and Symbol................................................................... 7-1
7.2
Summary of Uses Permitted within Institutional Zone................................................................ 7-1
7.3
INSTITUTIONAL (I1) ZONE.......................................................................................................... 7.3-1
SECTION 8 AGRICULTURAL ZONES................................................................................................................... 8-1
8.1
Summary of Agricultural Zone Names and Symbols................................................................ 8-1
8.2
Summary of Uses Permitted within Agricultural Zones............................................................... 8-1
8.3
AGRICULTURAL (A1) ZONE.......................................................................................................... 8.3-1
8.4
RURAL MIXED USE (A2) ZONE................................................................................................................ 8.4-1
By-law #106 - Land Use By-law
Table of Contents
3
8.5
FARM COMMERCIAL (A3) ZONE......................................................................................................... 8.5-1
8.6
COUNTRY RESIDENTIAL (A4) ZONE..................................................................................................... 8.6-1
8.7
HISTORIC HAMLET OF GRAND PRÉ (A5) ZONE............................................................................ 8.7-1
SECTION 9 SHORELAND ZONES........................................................................................................................ 9-1
9.1
Summary of Shoreland Zone Name and Symbol.......................................................................9-1
9.2
Summary of Uses Permitted within Shoreland Zones.................................................................. 9-1
9.3
LAKESHORE RESIDENTIAL (S1) ZONE....................................................................................... 9.3-1
9.4
LAKESHORE LIMITED DEVELOPMENT (S2) ZONE........................................................................... 9.4-1
9.5
TIDAL SHORELAND (T1) ZONE............................................................................................................... 9.5-1
9.6
TIDAL COMMERCIAL (T2) ZONE............................................................................................................ 9.6-1
SECTION 10 RESOURCE ZONES....................................................................................................................... 10-1
10.1
Summary of Resource Zone Names and Symbols................................................................ 10-1
10.2
Summary of Uses Permitted within Resource Zones.............................................................. 10-1
10.3
RESOURCE (N1) ZONE................................................................................................................. 10.3-1
10.4
AGGREGATE RELATED INDUSTRY (N2) ZONE............................................................................... 10.4-1
SECTION 11 COMMERCIAL RECREATION ZONE............................................................................................ 11-1
11.1
Summary of Commercial Recreation Zone Names and Symbols......................................... 11-1
11.2
Summary of Uses Permitted within Commercial Recreation Zones..................................... 11-1
11.3
COMMERCIAL RECREATION (P1) ZONE................................................................................... 11.3-1
SECTION 12 ENVIRONMENTAL CONSTRAINT ZONE AND OVERLAYS...................................................... 12-1
12.1
Zone Names and Symbols............................................................................................................... 12-1
12.2
Overlay Names and Symbols................................................................................................................ 12-1
12.3
Summary of Uses Permitted within Environmental Constraint Zone.................................... 12-1
12.4
ENVIRONMENTAL CONSTRAINT (O1) ZONE........................................................................... 12.4-1
12.5
ENVIRONMENTALLY SENSITIVE AREA (ESA) OVERLAY..................................................... 12.5-1
12.6
TOWN WATER SUPPLY OVERLAYS (TWS)............................................................................. 12.6-1
12.7
PORT WILLIAMS URBAN FLOODPLAIN OVERLAY (UF1).................................................... 12.7-1
12.8
PORT WILLIAMS URBAN FLOODPLAIN WARNING OVERLAY (UF2)................................ 12.8-1
By-law #106 - Land Use By-law
Table of Contents
4
SECTION 13 WELLFIELD PROTECTION OVERLAYS......................................................................................... 13-1
13.1
Summary of Wellfield and Water Supply Overlay Names and Symbols................................. 13-1
13.2
Requirements for all Wellfield and Water Supply Overlays......................................................... 13-1
13.3
AYLESFORD WELLFIELD PROTECTION OVERLAY.............................................................. 13.3-1
13.4
BERWICK WELLFIELD PROTECTION OVERLAY............................................................................ 13.4-1
13.5
CANNING WELLFIELD PROTECTION OVERLAYS..........................................................................13.5-1
13.6
GREENWOOD WELLFIELD PROTECTION OVERLAYS................................................................... 13.6-1
13.7
KENTVILLE WELLFIELD PROTECTION OVERLAYS..................................................................... 13.7-1
13.8
NEW MINAS WELLFIELD PROTECTION OVERLAYS.................................................................. 13.8-1
13.9
PORT WILLIAMS WELLFIELD PROTECTION OVERLAYS............................................................. 13.9-1
13.10
WOLFVILLE WELLFIELD PROTECTIONS OVERLAYS........................................................... 13.10-1
PART 3
DEVELOPMENT REGULATIONS
SECTION 14 GENERAL REGULATIONS.......................................................................................................................... 14-1
14.1
Watercourse Protection............................................................................................................... 14.1-1
14.2
Lot and Development Standards................................................................................................ 14.2-1
14.3
Uses..................................................................................................................................................... 14.3-1
14.4
Home-based Businesses............................................................................................................ 14.4-1
14.5
Parking Requirements.................................................................................................................. 14.5-1
14.6
Signs............................................................................................................................................................... 14.6-1
14.7
Uses Considered by Development Agreement in All Zones.................................................... 14.7-1
SECTION 15 ALTERNATIVE ENERGY GENERATION REGULATIONS................................................................... 15-1
15.1
Summary of Alternative Energy Overlay Names and Symbols............................................... 15-1
PART 4
PROCESS
SECTION 16 DEVELOPMENT APPLICATION PROCESS................................................................................... 16-1
16.1
Application for Development Permit........................................................................................... 16-1
16.2
Decision of Development Officer.................................................................................................16-1
16.3
Variance Authority....................................................................................................................................... 16-2
16.4
Timeframe of Development Permits..................................................................................................... 16-2
PART 5
DEFINITIONS
By-law #106 - Land Use By-law
Table of Contents
5
SECTION 17 DEFINITIONS................................................................................................................................................... 17-1
Zoning Maps
County Zoning Maps
Map 1
Aylesford Zoning
Map 2
Cambridge Zoning
Map 3
Canning Zoning
Map 4
Centreville Zoning
Map 5
Coldbrook Zoning
Map 6
Greenwood Zoning
Map 7
Hants Border Zoning
Map 8
Kingston Zoning
Map 9
New Minas Zoning
Map 10
North Kentville Zoning
Map 11
Port Williams Zoning
Map 12
Waterville Zoning
Map 13
Rural Zoning
By-law 106 - Land Use By-law
Part 1: Introduction
Part 1 INTRODUCTION
Section 1
ENACTMENT
Section 2
ADMINISTRATION
By-law 106 - Land Use By-law
Part 1: Introduction
By-law 106 - Land Use By-law
Section 1: Enactment
1-1
SECTION 1 - ENACTMENT
1.1
Title
This By-law may be cited as the "Municipality of the County of Kings Land Use By-law".
1.2
Purpose
1.2.1
The purpose of this By-law is to implement the policies of the Municipal Planning Strategy to
facilitate the orderly, economical, and beneficial development and use of land and buildings within
the Municipality, and for that purpose the By-law, among other things:
(a)
divides the Municipality into zones;
(b)
prescribes and regulates for each zone the purposes for which land and buildings and
structures may be used;
(c)
establishes the office of one or more development officers; and
(d)
establishes a method of making decisions on applications for development permits, including
the issuing of development permits.
1.2.2
This By-law shall be applied in accordance with the Municipality's Municipal Planning Strategy and
the Municipal Government Act (hereinafter the "Act") as amended from time to time.
1.3
Control of Development
Except as otherwise provided herein, no building or structure shall be erected, demolished or
otherwise altered nor the use of any building, structure or lot changed without an issued
development permit, which shall not be issued without compliance with all provisions of this By-law.
1.4
Previous By-laws
County of Kings Land Use By-law #75 and New Minas Land Use By-law #57 are hereby repealed.
1.5
Effective Date
This By-law is effective at the date of publication of provincial approval by the Municipal Clerk in
accordance with the Act.
1.6
Severability
The invalidity or unenforceability of any provision of this By-law, as determined by a court of
competent jurisdiction, shall not affect the validity or enforceability of any other provision, and any
invalid provision will be severable.
1.7
Compliance with Other Legislation
Nothing in this By-law shall exempt any applicant or property owner from compliance with any other
applicable municipal, provincial or federal legislation or from any license, permission, permit authority
or approval required by this or any other by-law of the Municipality, or other lawful authority.
By-law 106 - Land Use By-law
Section 1: Enactment
1-2
1.8
General Interpretation
1.8.1
Unless otherwise provided, any enactments referenced herein are to the Act and regulations as
amended, revised, consolidated or replaced from time to time. Any By-law referenced herein is to an
enactment of the Municipality of the County of Kings Council, as amended, revised, consolidated or
replaced from time to time.
1.8.2
The headings given to sections and subsections in this By-law are for reference only; they do not
form part of this By-law and are not intended for interpretation purposes.
1.8.3
In Part 2 of this By-law setting out the land use zones, the Summary of Permitted Uses provided at
the front of each section is for reference only. If the Summary of Permitted Uses conflicts with the list
of Permitted Uses and any applicable conditions in the respective section for a particular zone, the
lists provided in that zone shall govern.
1.9
Rules of Interpretation
1.9.1
Compliance with the regulations in this By-law shall be interpreted and applied as follows:
(a)
"shall" is mandatory.
(c)
"may" is discretionary.
1.9.2
Where a regulation involves two or more conditions, provisions or events connected by a
conjunction, the following shall apply:
(a)
"and" means all the connected items shall apply in combination.
(b)
"or" indicates that the connected items may apply singly or in combination.
1.9.3
Words used in the singular include the plural and vice-versa.
1.9.4
When a word is used in the masculine it will refer to any gender.
1.9.5
When a word is defined in Part 5, it shall have the same meaning if the first letter is an upper or lower
case letter.
1.9.5
All other words shall have the meaning assigned to them in the Act.
1.9.6
All measurements in this By-law are in imperial units. In the case of any conflict between information
expressed in metric units and in imperial units, the imperial unit shall govern.
1.9.7
In the case of any conflict between a number written in numerals and a number written in letters, the
number written in numerals shall govern.
1.9.8
In the case of any conflict between the text of this By-law and any maps or drawings used to illustrate
any aspect of this By-law, the text shall govern. Colour coding throughout this By-law and the Zone
Maps is for ease of reference only and the text of the By-law shall govern.
By-law 106 - Land Use By-law
Section 1: Enactment
1-3
1.9.9
If a use is not listed as a permitted use in a particular zone, or if it is not an accessory use to a
permitted use in a particular zone or the use is otherwise excluded, it shall be deemed to be a
prohibited use in that zone.
1.9.10 Where a permitted use within any zone is defined in Part 5, the uses permitted within that zone shall
include any similar use that satisfies such definitions except where a definition is specifically limited
to exclude a use.
1.9.11 Where a use is defined in Part 5, it shall not include any other use unless a use is deemed accessory
or unless otherwise specified.
By-law 106 - Land Use By-law
Section 1: Enactment
1-4
By-law 106 - Land Use By-law
Section 2: Approving Authority
2-1
SECTION 2 - ADMINISTRATION
2.1
Administer
This By-law is administered by the Development Officer.
2.2
Appointment
Council shall appoint one or more Development Officers for the Municipality of the County of
Kings in accordance with the Act.
2.3
Final Decision
The decision of the Development Officer concerning whether a development meets the provisions
of this By-law is final, subject to any legislated right of appeal in the Act.
2.4
Right to Enter
The Development Officer is authorized to enter, at all reasonable times, into or upon any property
within the Municipality of the County of Kings for the purpose of any inspections necessary to
administer the Land Use By-law in accordance with the Act.
2.5
Contravention
The Development Officer may enforce the provisions of the Act, the conditions of a development
permit and this By-law.
By-law 106 - Land Use By-law
Section 2: Approving Authority
2-2
By-law #106 - Land Use By-law
Part 2: Land Use Zones
Part 2 LAND USE ZONES
Section 3
ESTABLISHMENT OF LAND USE ZONES
Section 4
RESIDENTIAL ZONES
Section 5
COMMERCIAL ZONES
Section 6
INDUSTRIAL ZONES
Section 7
INSTITUTIONAL ZONE
Section 8
AGRICULTURAL ZONES
Section 9
SHORELAND ZONES
Section 10
RESOURCE ZONES
Section 11
COMMERCIAL RECREATION ZONE
Section 12
ENVIRONMENTAL CONSTRAINTS ZONE
AND OVERLAYS
Section 13
WELLFIELD PROTECTION OVERLAYS
By-law #106 - Land Use By-law
Part 2: Land Use Zones
By-law #106 - Land Use By-law
Section 3: Establishment of Land Use Zones
3-1
SECTION 3 - ESTABLISHMENT OF LAND USE ZONES
3.1
General Requirements
3.1.1
Land use zones and the associated zone provisions are established for the Municipality in
accordance with section 1.2 of this By-law.
3.1.2
The Zoning Maps constitute part of Part 2 of this By-law and can be found in Appendix A. Part 2
provisions establish permitted uses and development regulations for the zones shown on the
Zoning Maps.
3.1.3
Part 3 comprises all general and alternative energy generation regulations for uses and
developments in addition to the regulations contained in Part 2.
3.2
Development Agreements
3.2.1
In limited circumstances, as described in the Municipal Planning Strategy, certain uses that would
otherwise be prohibited may be considered by Council per section 225 of the Act and, in such
cases, a Development Agreement shall be considered by Council in accordance with the Act.
3.3
Zone Boundaries and Overlay Extent
3.3.1
The boundaries of the zones and the extent of the overlays identified on the Zoning Maps shall be
interpreted as follows:
(a)
Where a zone boundary follows a public road or railway, it follows the centreline, unless
otherwise indicated.
(b)
Where a zone boundary is shown as approximately following a boundary of the
Municipality, it follows the Municipal boundary.
(c)
Where a boundary is shown as approximately following the edge or shorelines of any
river, lake, creek or other water body such as the Minas Basin or Bay of Fundy, it follows
the edge or shoreline. In the event of a change in the location of said edge or shoreline,
it moves with the same.
(d)
Where a zone boundary is shown as approximately following a lot or parcel line, it follows
the lot or parcel line that existed at the time the zone boundary was established.
(e)
Where a zone boundary is indicated as following the limits of a municipal unit, a town, a
Department of National Defence property, a First Nations Reserve or another Federal
property, the zone limits are these boundaries; and
(f)
For circumstances not covered above, the location of the boundary or extent shall be
determined by any dimensions set out in this By-law and by measurements of the Land
Use By-law Zoning Maps.
3.3.2
Where section 3.3.1 does not determine the exact location of a zone boundary or overlay extent,
the Development Officer shall determine the exact location of the zone boundary or overlay
By-law #106 - Land Use By-law
Section 3: Establishment of Land Use Zones
3-2
extent, in a manner consistent with this By-law and with detail as to measurements and directions
as circumstances require. The zone boundary or overlay extent shall not be altered, except by
amendment to this By-law.
3.3.3
The Municipality has, to the best of its abilities, identified areas at risk of flooding, erosion, slope
failure or at risk due to other unique features based on the best information available to the
Municipality. The Municipality does not make any representations about the accuracy of this
information or provide any assurances that the risk will not exceed these predictions or occur in
other areas. Property owners are responsible for all risks associated with development, including
the effectiveness of flood resistant measures, and the impacts of development on neighbouring
properties.
3.4
Zoning Maps and Overlays
3.4.1
The Zoning Maps that form part of this By-law identify the specific land use zones and overlays
that apply to a specific parcel of land.
3.4.2
Pursuant to sections 12 and 13 of this By-law, when determining the permitted use or
development of any property, the presence of a map Overlay applies in addition to the conditions
set out in the underlying zone.
3.4.3
Maps listed below form part of this By-law:
Map 1
Aylesford Zoning Map
Map 2
Cambridge Zoning Map
Map 3
Canning Zoning Map
Map 4
Centreville Zoning Map
Map 5
Coldbrook Zoning Map
Map 6
Greenwood Zoning Map
Map 7
Hants Border Zoning Map
Map 8
Kingston Zoning Map
Map 9
New Minas Zoning Map
Map 10
North Kentville Zoning Map
Map 11
Port Williams Zoning Map
Map 12
Waterville Zoning Map
Map 13
Rural Zoning Map
By-law #106 - Land Use By-law
Section 4: Residential Zones
4-1
SECTION 4 - RESIDENTIAL ZONES
4.1
Summary of Residential Zone Names and Symbols
Zone Name
Symbol
Residential One Unit
R1
Residential One and Two Unit
R2
Residential Mixed Density
R3
Residential Multi-unit
R4
Comprehensive Neighbourhood Development
R5
New Minas Holding
H1
4.2
Summary of Uses Permitted within Residential Zones
The following summarizes the main uses permitted in the Residential Zones subject to all the
requirements set out in this By-law. Please see the specific zone section for an exact list of permitted
uses and any special conditions.
Land Use
R1
R2
R3
R4
R5
H1
RESIDENTIAL
Grouped Dwellings
R2
R3
R4
Mini-home Parks - Existing
R3
Multi-unit Dwellings
R3
R4
One Unit Dwellings
R1
R2
R3
R4
Residential Facilities
R3
R4
Secondary Suites
R1
Semi-detached Dwellings
R2
R3
R4
Townhouses
R3
R4
Two Unit Dwellings
R2
R3
R4
NON-RESIDENTIAL
Agricultural Uses - Existing
R1
R2
R3
R4
R5
H1
Business Offices
R4
Community Facilities
R1
R2
R3
R4
Forestry Uses
R5
H1
Indoor Recreation Uses
R1
R2
R3
R4
Medical or Dental Clinics
R4
Places of Worship
R1
R2
R3
R4
Retail Stores
R4
By-law #106 - Land Use By-law
Section 4: Residential Zones
4-2
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.3-1
R1
4.3
RESIDENTIAL ONE UNIT (R1) ZONE
4.3.1. Zone Purpose
The purpose of the Residential One Unit (R1) Zone is to maintain sewer serviced low density
neighbourhoods, consisting primarily of one unit dwellings, while encouraging the efficient use of
land and public infrastructure within Growth Centres, as per policy 3.1.2 (a) of the Municipal Planning
Strategy.
4.3.2. Uses
4.3.2.1
Permitted Uses
The following uses shall be permitted in the Residential One Unit (R1) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTAL USES
SPECIAL CONDITIONS
One Unit Dwellings
Secondary Suites
Section 4.3.4.1
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the requirements of the
Agricultural (A1) Zone
Community Facilities
Maximum building footprint of 2,000 sq
ft. and subject to section 4.3.4.2
Indoor Recreation Uses
Permitted on properties that abut and are
accessed from a designated collector
road.
Maximum building footprint of 2,000 sq
ft. and subject to section 4.3.4.2
Places of Worship
Maximum building footprint of 2,000 sq
ft. and subject to section 4.3.4.2
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.3-2
R1
4.3.3 Zone Requirements
The following requirements shall apply to all development located in the Residential One Unit (R1)
Zone.
Requirement
Residential Uses
Non-residential
Uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii)
On-site Sewer
4,000 sq ft.
30,000 sq ft.
4,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Central Sewer
(ii)
On-site Sewer
40 ft.
60 ft.
40 ft.
60 ft.
(c)
Minimum Front/Flankage
Setback:
(main and accessory
buildings)
20 ft.
20 ft.
(d)
Minimum Side Setback:
(i)
Main Building
(ii)
Accessory Buildings
4 ft.
4 ft.
20 ft.
4 ft.
(e)
Minimum Rear Setback:
(i)
Main Building
(ii)
Accessory Buildings
20 ft.
4 ft.
20 ft.
4 ft.
(f)
Maximum Building Height:
(i)
Main Building
(ii)
Accessory Buildings
35 ft.
20 ft.
35 ft.
20 ft.
4.3.4 Additional Requirements
4.3.4.1
Secondary Suites
Up to two secondary suites are permitted within a one unit dwelling subject to the conditions noted
below.
(a) Any exterior entrance to the secondary suite(s) shall be located on the side (excluding flankage)
or rear of the one unit dwelling.
(b) The exterior of the one unit dwelling shall be compatible with the existing design, style and
materials of other one unit dwellings in the neighbourhood.
(c) A one unit dwelling with two secondary suites shall not be considered a multi-unit dwelling.
(Amended September 2, 2025, File 25-09)
4.3.4.2
Community Facilities, Indoor Recreation Uses and Places of Worship
A community facility, indoor recreation use or place of worship shall be permitted in the Residential
One Unit (R1) Zone subject to the conditions noted below:
(a)
Parking areas shall not be located less than four (4) feet from a side or rear lot line and shall be
fenced.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.3-3
R1
(b)
Notwithstanding the parking requirements in section 14.5, a parking space shall be provided
and maintained for every 300 square feet of commercial floor area.
4.3.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Residential One Unit (R1) Zone.
(a)
The establishment of community facilities that are not permitted as-of-right, or do not meet
the requirements of the zone in which the lot is located in accordance with policy 3.1.6 of the
Municipal Planning Strategy.
(b)
The re-establishment of a commercial or industrial use that has been discontinued for a
period of 12 months or more in accordance with policy 3.1.7 of the Municipal Planning
Strategy.
(c)
Uses compatible with the purpose of the Residential One Unit (R1) Zone that do not
otherwise meet the requirements of the zone in accordance with policy 3.1.8 of the Municipal
Planning Strategy.
(d)
High density residential development and new or expanded mini-home parks in accordance
with policy 3.1.10 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.3-4
R1
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.4-1
R2
4.4
RESIDENTIAL ONE AND TWO UNIT (R2) ZONE
4.4.1. Zone Purpose
The purpose of the Residential One and Two Unit (R2) Zone is to maintain sewer serviced low density
neighbourhoods, consisting primarily of one or two unit dwellings, while encouraging the efficient
use of land and public infrastructure within Growth Centres, as per policy 3.1.2 (a) of the Municipal
Planning Strategy.
4.4.2 Uses
4.4.2.1 Permitted Uses
The following uses shall be permitted in the Residential One and Two Unit (R2) Zone subject to all
applicable requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Grouped Dwellings
Subject to the requirements applicable
to Group Dwellings in section 4.5.3
One Unit Dwellings
Semi-detached Dwellings
Two Unit Dwellings
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the requirements of the
Agricultural (A1) Zone
Community Facilities
Maximum building footprint of 2,000
sq ft. and subject to section 4.4.4.1
Indoor Recreation Uses
Permitted on properties that abut and
are accessed from a designated
collector road.
Maximum building footprint of 2,000
sq ft. and subject to section 4.4.4.1
Places of Worship
Maximum building footprint of 2,000
sq ft. and subject to section 4.4.4.1.
1.
Amended to add "Grouped Dwellings", October 3, 2023, File 22-04
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.4-2
R2
4.4.3 Zone Requirements
The following requirements shall apply to all development located in the Residential One and Two
Unit (R2) Zone.
Requirement
One & Two
Unit Dwellings
Semi-detached
Dwellings
Non-
residential
Uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii)
On-site Sewer
4,000 sq ft.
30,000 sq ft.
2,000 sq ft./unit
30,000 sq ft./unit
4,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Central Sewer
(ii)
On-site Sewer
40 ft.
60 ft.
20 ft./unit
30 ft./unit
40 ft.
60 ft.
(c)
Minimum Front/Flankage
Setback:
(main and accessory
buildings)
20 ft.
20 ft.
20 ft.
(d)
Minimum Side Setback:
(i)
Main Building
(ii)
Common Wall
(iii)
Accessory Buildings
4 ft.
N/A
4 ft.
4 ft.
0 ft.
4 ft.
20 ft.
NA
4 ft.
(e)
Minimum Rear Setback:
(i)
Main Building
(ii)
Accessory Buildings
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
(f)
Maximum Building Height:
(i)
Main Building
(ii)
Accessory Buildings
35 ft.
20 ft.
35 ft.
20 ft.
35 ft.
20 ft.
4.4.4 Additional Requirements
4.4.4.1
Community Facilities, Indoor Recreation Uses and Places of Worship
A community facility, indoor recreation or place of worship use shall be permitted in the Residential
One and Two Unit (R2) Zone subject to the conditions noted below.
(a)
Parking areas shall not be located less than four (4) feet from a side or rear lot line and shall be
fenced.
(b)
Notwithstanding the parking requirements in section 14.5, a parking space shall be provided
and maintained for every 300 square feet of commercial floor area.
4.4.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below shall be considered by
Development Agreement within the Residential One and Two Unit (R2) Zone.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.4-3
R2
(a)
The establishment of community facilities that are not permitted as-of-right, or do not meet
the requirements of the zone in which the lot is located in accordance with policy 3.1.6 of the
Municipal Planning Strategy.
(b)
The re-establishment of a commercial or industrial use that has been discontinued for a period
of 12 months or more in accordance with policy 3.1.7 of the Municipal Planning Strategy.
(c)
Uses compatible with the purpose of the Residential One and Two Unit (R2) Zone that do not
otherwise meet the requirements of the zone in accordance with policy 3.1.8 of the Municipal
Planning Strategy.
(d)
High density residential development and new or expanded mini-home parks in accordance
with policy 3.1.10 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.4-4
R2
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.5-1
R3
4.5
RESIDENTIAL MIXED DENSITY (R3) ZONE
4.5.1 Zone Purpose
The purpose of the Residential Mixed Density (R3) Zone is to accommodate a mix of housing
forms in a variety of built forms at a density similar to the Residential One Unit (R1) and
Residential One and Two Unit (R2) Zones, per policy 3.1.2 (b) of the Municipal Planning Strategy.
(Amended February 6, 2024, File P22-02)
4.5.2 Uses
4.5.2.1
Permitted Uses
The following uses shall be permitted in the Residential Mixed Density (R3) Zone subject to all
applicable requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Grouped Dwellings
Mini-home Parks - Existing
Subject to the Municipality of Kings County Mobile
Home Parks By-law #36 or any successor document
Multi-unit Dwellings
Maximum 12 residential units per dwelling 1
One Unit Dwellings
Subject to the requirements applicable to One &
Two Unit Dwellings in section 4.4.3
Residential Facilities
Up to 25,000 sq ft. gross floor area
Semi-detached Dwellings
Subject to the requirements applicable to Semi-
detached Dwellings in section 4.4.3
Townhouses 1, 2
Two Unit Dwellings
Subject to the requirements applicable to One &
Two Unit Dwellings in section 4.4.3
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.5-2
R3
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the requirements of the Agricultural (A1) Zone
Community Facilities
Maximum 10,000 sq ft. gross floor area and subject to
section 4.5.4.1
Indoor Recreation Uses
Permitted on properties that abut and are accessed from
a designated collector road and subject to section 4.5.4.1.
Maximum 10,000 sq ft. gross floor area
Places of Worship
Maximum 10,000 sq ft. gross floor area
1.
Maximum allowed units changed from 8 to 12. Amended February 6, 2024, File P22-02
2.
Removed Special Conditions for clarity. Amended October 1, 2024, File P21-01.
4.5.3 Zone Requirements
The following requirements shall apply to all development located in the Residential Mixed
Density (R3) Zone.
Requirement
Grouped
Dwellings
Townhouses
Multi-unit
Dwellings
All other
permitted uses
(a)
Minimum Lot Area:
(i) Central Sewer
(ii) On-site Sewer
2,000 sq ft./unit
30,000 sq ft./unit
2,000 sq ft./unit
30,000 sq ft./unit
2,000 sq ft./unit
30,000 sq ft./unit
4,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Central Sewer
(ii) On-site Sewer
40 ft.
60 ft.
20 ft./unit
30 ft./unit
40 ft.
60 ft.
40 ft.
60 ft.
(c)
Minimum
Front/Flankage Setback:
(main and accessory
buildings)
20 ft.
20 ft.
20 ft.
20 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii) Accessory
Buildings
(iii) Common Wall
4 ft.
4 ft.
N/A
4 ft.
4 ft.
N/A.
10 ft.
4 ft.
N/A
10 ft.
4 ft.
N/A.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii) Accessory buildings
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
(f)
Maximum Building
Height:
(i)
Main Buildings
(ii) Accessory Buildings
35 ft.
20 ft.
35 ft.
20 ft.
35 ft.
20 ft.
35 ft.
20 ft.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.5-3
R3
4.5.4 Additional Requirements
4.5.4.1
Community Facilities, Indoor Recreation Uses and Places of Worship
A community facility or indoor recreation use shall be permitted in the Residential Mixed Density
(R3) Zone subject to the conditions noted below.
(a)
Parking areas shall not be located less than four (4) feet from a side or rear lot line and shall
be fenced.
(b)
Notwithstanding the parking requirements in section 14.5, a parking space shall be
provided and maintained for every 300 square feet of commercial floor area.
4.5.4.2
Pedestrian Pathways
Where a residential development consists of five (5) or more residential units on a single lot and
where that lot abuts an existing or planned sidewalk or public trail, pedestrian pathways shall be
provided and connect the main entrance of each residential unit to the sidewalk or public trail
abutting the lot.
Pedestrian pathways shall have a width no less than five (5) feet wide and shall be maintained as a
stable surface free of snow or other debris. (Amended October 1, 2024, File P21-01)
4.5.4.3
Amenity Areas
Except for grouped dwellings and townhouses, any development on a single lot with five (5) or
more residential units shall meet the conditions noted below.
(a)
An amenity area or areas equivalent to 100 square feet per residential unit or ten (10) per
cent of the lot area, whichever is greater, shall be provided.
(b)
Common outdoor spaces shall not be located within the minimum required front or
flankage setbacks unless there is a public sidewalk abutting the lot.
4.5.4.4
Solid Waste Storage for Multi-unit Dwellings
New multi-unit dwellings and additions to existing multi-unit development shall provide adequate
solid waste storage for use by residents. Such solid waste storage shall be:
(a)
enclosed within a main or accessory building; or
(b)
enclosed within a six (6) foot high opaque board fence that effectively screens the storage
from the road and adjacent residential properties and such an area shall meet the
requirements for an accessory building.
4.5.4.5 Parking
For multi-unit dwellings, no parking shall be permitted in a required minimum main building side
setback abutting a Residential One Unit (R1) Zone and Residential One and Two Unit (R2) Zone.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.5-4
R3
4.5.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Residential Mixed Density (R3) Zone.
(a)
The establishment of community facilities that are not permitted as-of-right, or do not
meet the requirements of the zone in which the lot is located in accordance with policy
3.1.6 of the Municipal Planning Strategy.
(b)
The re-establishment of a commercial or industrial use that has been discontinued for a
period of 12 months or more in accordance with policy 3.1.7 of the Municipal Planning
Strategy.
(c)
Uses compatible with the purpose of the Residential Mixed Density (R3) Zone that do not
otherwise meet the requirements of the zone in accordance with policy 3.1.8 of the
Municipal Planning Strategy.
(d)
High density residential development and new or expanded mini-home parks in
accordance with policy 3.1.10 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.6-1
R4
4.6
RESIDENTIAL MULTI-UNIT (R4) ZONE
4.6.1. Zone Purpose
The purpose of the Residential Multi-unit (R4) Zone is to encourage compact neighbourhood
development in strategic locations such as along or near main transportation corridors and near
employment and shopping destinations by accommodating a variety of medium density housing
forms, such as multi-unit dwellings within Growth Centres, as per policy 3.1.2 (c) of the Municipal
Planning Strategy. (Amended February 6, 2024, File P22-02)
4.6.2. Uses
4.6.2.1 Permitted Uses
The following uses shall be permitted in the Residential Multi-unit (R4) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Grouped Dwellings
Multi-unit Dwellings 1
One Unit Dwellings
Subject to the requirements applicable to One &
Two Unit Dwellings in section 4.4.3
Residential Facilities
Maximum 50,000 sq ft. gross floor area
Semi-detached Dwellings
Subject to the requirements applicable to Semi-
detached Dwellings in section 4.4.3
Townhouses 1
Two Unit Dwellings
Subject to the requirements applicable to One &
Two Unit Dwellings in section 4.4.3
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the requirements of the Agricultural (A1)
Zone
Business Offices
Section 4.6.4.1
Community Facilities
Section 4.6.4.2
Indoor Recreation Uses
Permitted on properties with access to a designated
collector road and subject to Section 4.6.4.2
Medical and Dental Clinics
Section 4.6.4.1
Places of Worship
Retail Stores
Section 4.6.4.1
1.
Removed maximum units allowed. February 6, 2024, File P22-02
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.6-2
R4
4.6.3 Zone Requirements
The following requirements shall apply to all development located in the Residential Multi-unit (R4)
Zone.
Requirement
Grouped
Dwellings
Townhouses
Multi-unit
Dwellings
All other
permitted
uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii) On-site Sewer
1,800 sq ft./unit
30,000 sq ft/unit
1,800 sq ft./unit
30,000 sq
ft./unit
1,800 sq ft./unit
30,000 sq
ft./unit
4,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot
Frontage:
(i)
Central Sewer
(ii) On-site Sewer
40 ft.
60 ft.
20 ft./unit
30 ft./unit
40 ft.
60 ft.
40 ft.
60 ft.
(c)
Minimum
Front/Flankage
Setback:
(main and accessory
buildings)
20 ft.
20 ft.
20 ft.
20 ft.
(d)
Minimum Side
Setback:
(i)
Main Buildings
(ii) Accessory
Buildings
(iii) Common Wall
4 ft.
4 ft.
N/A
4 ft.
4 ft.
0 ft.
20 ft.
4 ft.
N/A
20 ft.
4 ft.
N/A
(e)
Minimum Rear
Setback:
(i) Main Buildings
(ii) Accessory
Buildings
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
(f)
Maximum Building
Height:
(i)
Main Buildings
(ii) Accessory
Buildings
35 ft.
20 ft.
35 ft.
20 ft.
45 ft.
20 ft.
45 ft.
20 ft.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.6-3
R4
4.6.4
Additional Requirements
4.6.4.1 Retail Stores, Medical and Dental Clinics and Business Offices
Retail stores, medical and dental clinics, and business office uses shall be permitted on the ground
floor of a multi-unit dwelling, subject to the conditions noted below.
(a)
The commercial floor area shall not exceed 1,000 square feet per multi-unit dwelling.
(b)
A retail store, medical and dental clinics, or business office use located within a multi-unit
dwelling shall be counted as one unit towards the maximum number of residential units
permitted within a multi-unit dwelling.
4.6.4.2
Community Facilities and Indoor Recreation Uses
A community facility or indoor recreation use shall be permitted in the Residential Medium Density
(R4) Zone subject to the conditions noted below.
(a)
Parking areas shall not be located less than four (4) feet from a side or rear lot line and shall be
fenced.
(b)
Notwithstanding the parking requirements in section 14.5, a parking space shall be provided
and maintained for every 300 square feet of commercial floor area.
4.6.4.3
Pedestrian Pathways
Where a residential development consists of five (5) or more residential units on a single lot and
where that lot abuts an existing or planned sidewalk or public trail, pedestrian pathways shall be
provided and connect the main entrance of each residential unit to the sidewalk or public trail
abutting the lot.
Pedestrian pathways shall have a width no less than five (5) feet wide and shall be maintained as a
stable surface free of snow or other debris. (Amended October 1, 2024, File P21-01)
4.6.4.4
Amenity Areas
Except for grouped dwellings and townhouses, any development on a single lot with five (5) or more
residential units shall meet the following amenity area requirements.
(a)
An amenity area or areas equivalent to 100 square feet per residential unit or ten (10) per cent
of the lot area, whichever is greater shall be provided.
(b)
Common outdoor spaces shall not be located within the minimum required front or flankage
setbacks unless there is a public sidewalk abutting the lot.
4.6.4.5
Solid Waste Storage for Multi-unit Dwellings
New multi-unit dwellings and additions to existing multi-unit development shall provide adequate
solid waste storage for use by residents before the solid waste is placed for pickup and transport to a
waste transfer station. Such solid waste storage shall be:
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.6-4
R4
(a)
enclosed within a main or accessory building; or
(b)
enclosed within a six (6) foot high opaque board fence that effectively screens the storage
from the road and adjacent residential properties and such an area shall meet the
requirements for an accessory building.
4.6.4.6
Parking
For multi-unit dwellings, no parking shall be permitted in a required minimum main building side
setback abutting a Residential One Unit (R1) Zone and Residential One and Two Unit (R2) Zone.
4.6.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below shall be permitted by
Development Agreement within the Residential Multi-unit (R4) Zone.
(a)
The establishment of community facilities that are not permitted as-of-right, or do not meet
the requirements of the zone in which the lot is located in accordance with policy 3.1.6 of the
Municipal Planning Strategy.
(b)
The re-establishment of a commercial or industrial use that has been discontinued for a period
of 12 months or more in accordance with policy 3.1.7 of the Municipal Planning Strategy.
(c)
Uses compatible with the purpose of the Residential Multi-unit (R4) Zone that do not
otherwise meet the requirements of the zone in accordance with policy 3.1.8 of the Municipal
Planning Strategy.
(d)
High density residential development and new or expanded mini-home parks in accordance
with policy 3.1.10 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.7-1
R5
4.7
COMPREHENSIVE NEIGHBOURHOOD DEVELOPMENT (R5) ZONE
4.7.1 Zone Purpose
The purpose of the Comprehensive Neighbourhood Development (R5) Zone is to enable the
development of large-scale and comprehensively planned neighbourhoods by development
agreement , as per policy 3.1.2 (d) of the Municipal Planning Strategy.
4.7.2 Uses
4.7.2.1
Permitted Uses
The following uses shall be permitted in the Comprehensive Neighbourhood Development (R5) Zone
subject to all applicable requirements of this By-law, including Section 14 - General Regulations.
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the setback requirements of
the Agricultural (A1) Zone
Forestry Uses
Existing Uses1
1Amended to add "Existing Uses", November 5, 2024, File 24-05
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.7-2
R5
4.7.3 Zone Requirements
The following requirements shall apply to all development located in the Comprehensive
Neighbourhood Development (R5) Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
5 acres
(b)
Minimum Lot Frontage:
100 ft.
(c)
Minimum Front/Flankage
Setback:
(main and accessory
buildings)
20 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii) Abutting a Residential
Zone
(iii) Accessory Buildings
20 ft.
40 ft.
20 ft.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii) Accessory Buildings
40 ft.
20 ft.
f)
Maximum Building Height:
(i)
Main Buildings
(ii) Accessory Buildings
45 ft.
20 ft.
4.7.4 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Comprehensive Neighbourhood (R5) Zone.
(a)
The development of comprehensive planned neighbourhood developments in accordance with
policies 3.1.13 and 3.1.14 of the Municipal Planning Strategy.
(b)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.8-1
H1
Section 4.8 removed, May 2, 2023, New Minas Secondary Plan
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.8-2
By-law #106 - Land Use By-law
Section 4: Residential Zones
4-1
SECTION 4 - RESIDENTIAL ZONES
4.1
Summary of Residential Zone Names and Symbols
Zone Name
Symbol
Residential One Unit
R1
Residential One and Two Unit
R2
Residential Mixed Density
R3
Residential Multi-unit
R4
Comprehensive Neighbourhood Development
R5
New Minas Holding
H1
4.2
Summary of Uses Permitted within Residential Zones
The following summarizes the main uses permitted in the Residential Zones subject to all the
requirements set out in this By-law. Please see the specific zone section for an exact list of permitted
uses and any special conditions.
Land Use
R1
R2
R3
R4
R5
H1
RESIDENTIAL
Grouped Dwellings
R2
R3
R4
Mini-home Parks - Existing
R3
Multi-unit Dwellings
R3
R4
One Unit Dwellings
R1
R2
R3
R4
Residential Facilities
R3
R4
Secondary Suites
R1
Semi-detached Dwellings
R2
R3
R4
Townhouses
R3
R4
Two Unit Dwellings
R2
R3
R4
NON-RESIDENTIAL
Agricultural Uses - Existing
R1
R2
R3
R4
R5
H1
Business Offices
R4
Community Facilities
R1
R2
R3
R4
Forestry Uses
R5
H1
Indoor Recreation Uses
R1
R2
R3
R4
Medical or Dental Clinics
R4
Places of Worship
R1
R2
R3
R4
Retail Stores
R4
By-law #106 - Land Use By-law
Section 4: Residential Zones
4-2
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.3-1
R1
4.3
RESIDENTIAL ONE UNIT (R1) ZONE
4.3.1. Zone Purpose
The purpose of the Residential One Unit (R1) Zone is to maintain sewer serviced low density
neighbourhoods, consisting primarily of one unit dwellings, while encouraging the efficient use of
land and public infrastructure within Growth Centres, as per policy 3.1.2 (a) of the Municipal Planning
Strategy.
4.3.2. Uses
4.3.2.1
Permitted Uses
The following uses shall be permitted in the Residential One Unit (R1) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTAL USES
SPECIAL CONDITIONS
One Unit Dwellings
Secondary Suites
Section 4.3.4.1
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the requirements of the
Agricultural (A1) Zone
Community Facilities
Maximum building footprint of 2,000 sq
ft. and subject to section 4.3.4.2
Indoor Recreation Uses
Permitted on properties that abut and are
accessed from a designated collector
road.
Maximum building footprint of 2,000 sq
ft. and subject to section 4.3.4.2
Places of Worship
Maximum building footprint of 2,000 sq
ft. and subject to section 4.3.4.2
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.3-2
R1
4.3.3 Zone Requirements
The following requirements shall apply to all development located in the Residential One Unit (R1)
Zone.
Requirement
Residential Uses
Non-residential
Uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii)
On-site Sewer
4,000 sq ft.
30,000 sq ft.
4,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Central Sewer
(ii)
On-site Sewer
40 ft.
60 ft.
40 ft.
60 ft.
(c)
Minimum Front/Flankage
Setback:
(main and accessory
buildings)
20 ft.
20 ft.
(d)
Minimum Side Setback:
(i)
Main Building
(ii)
Accessory Buildings
4 ft.
4 ft.
20 ft.
4 ft.
(e)
Minimum Rear Setback:
(i)
Main Building
(ii)
Accessory Buildings
20 ft.
4 ft.
20 ft.
4 ft.
(f)
Maximum Building Height:
(i)
Main Building
(ii)
Accessory Buildings
35 ft.
20 ft.
35 ft.
20 ft.
4.3.4 Additional Requirements
4.3.4.1
Secondary Suites
Up to two secondary suites are permitted within a one unit dwelling subject to the conditions noted
below.
(a) Any exterior entrance to the secondary suite(s) shall be located on the side (excluding flankage)
or rear of the one unit dwelling.
(b) The exterior of the one unit dwelling shall be compatible with the existing design, style and
materials of other one unit dwellings in the neighbourhood.
(c) A one unit dwelling with two secondary suites shall not be considered a multi-unit dwelling.
(Amended September 2, 2025, File 25-09)
4.3.4.2
Community Facilities, Indoor Recreation Uses and Places of Worship
A community facility, indoor recreation use or place of worship shall be permitted in the Residential
One Unit (R1) Zone subject to the conditions noted below:
(a)
Parking areas shall not be located less than four (4) feet from a side or rear lot line and shall be
fenced.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.3-3
R1
(b)
Notwithstanding the parking requirements in section 14.5, a parking space shall be provided
and maintained for every 300 square feet of commercial floor area.
4.3.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Residential One Unit (R1) Zone.
(a)
The establishment of community facilities that are not permitted as-of-right, or do not meet
the requirements of the zone in which the lot is located in accordance with policy 3.1.6 of the
Municipal Planning Strategy.
(b)
The re-establishment of a commercial or industrial use that has been discontinued for a
period of 12 months or more in accordance with policy 3.1.7 of the Municipal Planning
Strategy.
(c)
Uses compatible with the purpose of the Residential One Unit (R1) Zone that do not
otherwise meet the requirements of the zone in accordance with policy 3.1.8 of the Municipal
Planning Strategy.
(d)
High density residential development and new or expanded mini-home parks in accordance
with policy 3.1.10 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.3-4
R1
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.4-1
R2
4.4
RESIDENTIAL ONE AND TWO UNIT (R2) ZONE
4.4.1. Zone Purpose
The purpose of the Residential One and Two Unit (R2) Zone is to maintain sewer serviced low density
neighbourhoods, consisting primarily of one or two unit dwellings, while encouraging the efficient
use of land and public infrastructure within Growth Centres, as per policy 3.1.2 (a) of the Municipal
Planning Strategy.
4.4.2 Uses
4.4.2.1 Permitted Uses
The following uses shall be permitted in the Residential One and Two Unit (R2) Zone subject to all
applicable requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Grouped Dwellings
Subject to the requirements applicable
to Group Dwellings in section 4.5.3
One Unit Dwellings
Semi-detached Dwellings
Two Unit Dwellings
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the requirements of the
Agricultural (A1) Zone
Community Facilities
Maximum building footprint of 2,000
sq ft. and subject to section 4.4.4.1
Indoor Recreation Uses
Permitted on properties that abut and
are accessed from a designated
collector road.
Maximum building footprint of 2,000
sq ft. and subject to section 4.4.4.1
Places of Worship
Maximum building footprint of 2,000
sq ft. and subject to section 4.4.4.1.
1.
Amended to add "Grouped Dwellings", October 3, 2023, File 22-04
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.4-2
R2
4.4.3 Zone Requirements
The following requirements shall apply to all development located in the Residential One and Two
Unit (R2) Zone.
Requirement
One & Two
Unit Dwellings
Semi-detached
Dwellings
Non-
residential
Uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii)
On-site Sewer
4,000 sq ft.
30,000 sq ft.
2,000 sq ft./unit
30,000 sq ft./unit
4,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Central Sewer
(ii)
On-site Sewer
40 ft.
60 ft.
20 ft./unit
30 ft./unit
40 ft.
60 ft.
(c)
Minimum Front/Flankage
Setback:
(main and accessory
buildings)
20 ft.
20 ft.
20 ft.
(d)
Minimum Side Setback:
(i)
Main Building
(ii)
Common Wall
(iii)
Accessory Buildings
4 ft.
N/A
4 ft.
4 ft.
0 ft.
4 ft.
20 ft.
NA
4 ft.
(e)
Minimum Rear Setback:
(i)
Main Building
(ii)
Accessory Buildings
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
(f)
Maximum Building Height:
(i)
Main Building
(ii)
Accessory Buildings
35 ft.
20 ft.
35 ft.
20 ft.
35 ft.
20 ft.
4.4.4 Additional Requirements
4.4.4.1
Community Facilities, Indoor Recreation Uses and Places of Worship
A community facility, indoor recreation or place of worship use shall be permitted in the Residential
One and Two Unit (R2) Zone subject to the conditions noted below.
(a)
Parking areas shall not be located less than four (4) feet from a side or rear lot line and shall be
fenced.
(b)
Notwithstanding the parking requirements in section 14.5, a parking space shall be provided
and maintained for every 300 square feet of commercial floor area.
4.4.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below shall be considered by
Development Agreement within the Residential One and Two Unit (R2) Zone.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.4-3
R2
(a)
The establishment of community facilities that are not permitted as-of-right, or do not meet
the requirements of the zone in which the lot is located in accordance with policy 3.1.6 of the
Municipal Planning Strategy.
(b)
The re-establishment of a commercial or industrial use that has been discontinued for a period
of 12 months or more in accordance with policy 3.1.7 of the Municipal Planning Strategy.
(c)
Uses compatible with the purpose of the Residential One and Two Unit (R2) Zone that do not
otherwise meet the requirements of the zone in accordance with policy 3.1.8 of the Municipal
Planning Strategy.
(d)
High density residential development and new or expanded mini-home parks in accordance
with policy 3.1.10 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.4-4
R2
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.5-1
R3
4.5
RESIDENTIAL MIXED DENSITY (R3) ZONE
4.5.1 Zone Purpose
The purpose of the Residential Mixed Density (R3) Zone is to accommodate a mix of housing
forms in a variety of built forms at a density similar to the Residential One Unit (R1) and
Residential One and Two Unit (R2) Zones, per policy 3.1.2 (b) of the Municipal Planning Strategy.
(Amended February 6, 2024, File P22-02)
4.5.2 Uses
4.5.2.1
Permitted Uses
The following uses shall be permitted in the Residential Mixed Density (R3) Zone subject to all
applicable requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Grouped Dwellings
Mini-home Parks - Existing
Subject to the Municipality of Kings County Mobile
Home Parks By-law #36 or any successor document
Multi-unit Dwellings
Maximum 12 residential units per dwelling 1
One Unit Dwellings
Subject to the requirements applicable to One &
Two Unit Dwellings in section 4.4.3
Residential Facilities
Up to 25,000 sq ft. gross floor area
Semi-detached Dwellings
Subject to the requirements applicable to Semi-
detached Dwellings in section 4.4.3
Townhouses 1, 2
Two Unit Dwellings
Subject to the requirements applicable to One &
Two Unit Dwellings in section 4.4.3
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.5-2
R3
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the requirements of the Agricultural (A1) Zone
Community Facilities
Maximum 10,000 sq ft. gross floor area and subject to
section 4.5.4.1
Indoor Recreation Uses
Permitted on properties that abut and are accessed from
a designated collector road and subject to section 4.5.4.1.
Maximum 10,000 sq ft. gross floor area
Places of Worship
Maximum 10,000 sq ft. gross floor area
1.
Maximum allowed units changed from 8 to 12. Amended February 6, 2024, File P22-02
2.
Removed Special Conditions for clarity. Amended October 1, 2024, File P21-01.
4.5.3 Zone Requirements
The following requirements shall apply to all development located in the Residential Mixed
Density (R3) Zone.
Requirement
Grouped
Dwellings
Townhouses
Multi-unit
Dwellings
All other
permitted uses
(a)
Minimum Lot Area:
(i) Central Sewer
(ii) On-site Sewer
2,000 sq ft./unit
30,000 sq ft./unit
2,000 sq ft./unit
30,000 sq ft./unit
2,000 sq ft./unit
30,000 sq ft./unit
4,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Central Sewer
(ii) On-site Sewer
40 ft.
60 ft.
20 ft./unit
30 ft./unit
40 ft.
60 ft.
40 ft.
60 ft.
(c)
Minimum
Front/Flankage Setback:
(main and accessory
buildings)
20 ft.
20 ft.
20 ft.
20 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii) Accessory
Buildings
(iii) Common Wall
4 ft.
4 ft.
N/A
4 ft.
4 ft.
N/A.
10 ft.
4 ft.
N/A
10 ft.
4 ft.
N/A.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii) Accessory buildings
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
(f)
Maximum Building
Height:
(i)
Main Buildings
(ii) Accessory Buildings
35 ft.
20 ft.
35 ft.
20 ft.
35 ft.
20 ft.
35 ft.
20 ft.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.5-3
R3
4.5.4 Additional Requirements
4.5.4.1
Community Facilities, Indoor Recreation Uses and Places of Worship
A community facility or indoor recreation use shall be permitted in the Residential Mixed Density
(R3) Zone subject to the conditions noted below.
(a)
Parking areas shall not be located less than four (4) feet from a side or rear lot line and shall
be fenced.
(b)
Notwithstanding the parking requirements in section 14.5, a parking space shall be
provided and maintained for every 300 square feet of commercial floor area.
4.5.4.2
Pedestrian Pathways
Where a residential development consists of five (5) or more residential units on a single lot and
where that lot abuts an existing or planned sidewalk or public trail, pedestrian pathways shall be
provided and connect the main entrance of each residential unit to the sidewalk or public trail
abutting the lot.
Pedestrian pathways shall have a width no less than five (5) feet wide and shall be maintained as a
stable surface free of snow or other debris. (Amended October 1, 2024, File P21-01)
4.5.4.3
Amenity Areas
Except for grouped dwellings and townhouses, any development on a single lot with five (5) or
more residential units shall meet the conditions noted below.
(a)
An amenity area or areas equivalent to 100 square feet per residential unit or ten (10) per
cent of the lot area, whichever is greater, shall be provided.
(b)
Common outdoor spaces shall not be located within the minimum required front or
flankage setbacks unless there is a public sidewalk abutting the lot.
4.5.4.4
Solid Waste Storage for Multi-unit Dwellings
New multi-unit dwellings and additions to existing multi-unit development shall provide adequate
solid waste storage for use by residents. Such solid waste storage shall be:
(a)
enclosed within a main or accessory building; or
(b)
enclosed within a six (6) foot high opaque board fence that effectively screens the storage
from the road and adjacent residential properties and such an area shall meet the
requirements for an accessory building.
4.5.4.5 Parking
For multi-unit dwellings, no parking shall be permitted in a required minimum main building side
setback abutting a Residential One Unit (R1) Zone and Residential One and Two Unit (R2) Zone.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.5-4
R3
4.5.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Residential Mixed Density (R3) Zone.
(a)
The establishment of community facilities that are not permitted as-of-right, or do not
meet the requirements of the zone in which the lot is located in accordance with policy
3.1.6 of the Municipal Planning Strategy.
(b)
The re-establishment of a commercial or industrial use that has been discontinued for a
period of 12 months or more in accordance with policy 3.1.7 of the Municipal Planning
Strategy.
(c)
Uses compatible with the purpose of the Residential Mixed Density (R3) Zone that do not
otherwise meet the requirements of the zone in accordance with policy 3.1.8 of the
Municipal Planning Strategy.
(d)
High density residential development and new or expanded mini-home parks in
accordance with policy 3.1.10 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.6-1
R4
4.6
RESIDENTIAL MULTI-UNIT (R4) ZONE
4.6.1. Zone Purpose
The purpose of the Residential Multi-unit (R4) Zone is to encourage compact neighbourhood
development in strategic locations such as along or near main transportation corridors and near
employment and shopping destinations by accommodating a variety of medium density housing
forms, such as multi-unit dwellings within Growth Centres, as per policy 3.1.2 (c) of the Municipal
Planning Strategy. (Amended February 6, 2024, File P22-02)
4.6.2. Uses
4.6.2.1 Permitted Uses
The following uses shall be permitted in the Residential Multi-unit (R4) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Grouped Dwellings
Multi-unit Dwellings 1
One Unit Dwellings
Subject to the requirements applicable to One &
Two Unit Dwellings in section 4.4.3
Residential Facilities
Maximum 50,000 sq ft. gross floor area
Semi-detached Dwellings
Subject to the requirements applicable to Semi-
detached Dwellings in section 4.4.3
Townhouses 1
Two Unit Dwellings
Subject to the requirements applicable to One &
Two Unit Dwellings in section 4.4.3
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the requirements of the Agricultural (A1)
Zone
Business Offices
Section 4.6.4.1
Community Facilities
Section 4.6.4.2
Indoor Recreation Uses
Permitted on properties with access to a designated
collector road and subject to Section 4.6.4.2
Medical and Dental Clinics
Section 4.6.4.1
Places of Worship
Retail Stores
Section 4.6.4.1
1.
Removed maximum units allowed. February 6, 2024, File P22-02
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.6-2
R4
4.6.3 Zone Requirements
The following requirements shall apply to all development located in the Residential Multi-unit (R4)
Zone.
Requirement
Grouped
Dwellings
Townhouses
Multi-unit
Dwellings
All other
permitted
uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii) On-site Sewer
1,800 sq ft./unit
30,000 sq ft/unit
1,800 sq ft./unit
30,000 sq
ft./unit
1,800 sq ft./unit
30,000 sq
ft./unit
4,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot
Frontage:
(i)
Central Sewer
(ii) On-site Sewer
40 ft.
60 ft.
20 ft./unit
30 ft./unit
40 ft.
60 ft.
40 ft.
60 ft.
(c)
Minimum
Front/Flankage
Setback:
(main and accessory
buildings)
20 ft.
20 ft.
20 ft.
20 ft.
(d)
Minimum Side
Setback:
(i)
Main Buildings
(ii) Accessory
Buildings
(iii) Common Wall
4 ft.
4 ft.
N/A
4 ft.
4 ft.
0 ft.
20 ft.
4 ft.
N/A
20 ft.
4 ft.
N/A
(e)
Minimum Rear
Setback:
(i) Main Buildings
(ii) Accessory
Buildings
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
(f)
Maximum Building
Height:
(i)
Main Buildings
(ii) Accessory
Buildings
35 ft.
20 ft.
35 ft.
20 ft.
45 ft.
20 ft.
45 ft.
20 ft.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.6-3
R4
4.6.4
Additional Requirements
4.6.4.1 Retail Stores, Medical and Dental Clinics and Business Offices
Retail stores, medical and dental clinics, and business office uses shall be permitted on the ground
floor of a multi-unit dwelling, subject to the conditions noted below.
(a)
The commercial floor area shall not exceed 1,000 square feet per multi-unit dwelling.
(b)
A retail store, medical and dental clinics, or business office use located within a multi-unit
dwelling shall be counted as one unit towards the maximum number of residential units
permitted within a multi-unit dwelling.
4.6.4.2
Community Facilities and Indoor Recreation Uses
A community facility or indoor recreation use shall be permitted in the Residential Medium Density
(R4) Zone subject to the conditions noted below.
(a)
Parking areas shall not be located less than four (4) feet from a side or rear lot line and shall be
fenced.
(b)
Notwithstanding the parking requirements in section 14.5, a parking space shall be provided
and maintained for every 300 square feet of commercial floor area.
4.6.4.3
Pedestrian Pathways
Where a residential development consists of five (5) or more residential units on a single lot and
where that lot abuts an existing or planned sidewalk or public trail, pedestrian pathways shall be
provided and connect the main entrance of each residential unit to the sidewalk or public trail
abutting the lot.
Pedestrian pathways shall have a width no less than five (5) feet wide and shall be maintained as a
stable surface free of snow or other debris. (Amended October 1, 2024, File P21-01)
4.6.4.4
Amenity Areas
Except for grouped dwellings and townhouses, any development on a single lot with five (5) or more
residential units shall meet the following amenity area requirements.
(a)
An amenity area or areas equivalent to 100 square feet per residential unit or ten (10) per cent
of the lot area, whichever is greater shall be provided.
(b)
Common outdoor spaces shall not be located within the minimum required front or flankage
setbacks unless there is a public sidewalk abutting the lot.
4.6.4.5
Solid Waste Storage for Multi-unit Dwellings
New multi-unit dwellings and additions to existing multi-unit development shall provide adequate
solid waste storage for use by residents before the solid waste is placed for pickup and transport to a
waste transfer station. Such solid waste storage shall be:
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.6-4
R4
(a)
enclosed within a main or accessory building; or
(b)
enclosed within a six (6) foot high opaque board fence that effectively screens the storage
from the road and adjacent residential properties and such an area shall meet the
requirements for an accessory building.
4.6.4.6
Parking
For multi-unit dwellings, no parking shall be permitted in a required minimum main building side
setback abutting a Residential One Unit (R1) Zone and Residential One and Two Unit (R2) Zone.
4.6.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below shall be permitted by
Development Agreement within the Residential Multi-unit (R4) Zone.
(a)
The establishment of community facilities that are not permitted as-of-right, or do not meet
the requirements of the zone in which the lot is located in accordance with policy 3.1.6 of the
Municipal Planning Strategy.
(b)
The re-establishment of a commercial or industrial use that has been discontinued for a period
of 12 months or more in accordance with policy 3.1.7 of the Municipal Planning Strategy.
(c)
Uses compatible with the purpose of the Residential Multi-unit (R4) Zone that do not
otherwise meet the requirements of the zone in accordance with policy 3.1.8 of the Municipal
Planning Strategy.
(d)
High density residential development and new or expanded mini-home parks in accordance
with policy 3.1.10 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.7-1
R5
4.7
COMPREHENSIVE NEIGHBOURHOOD DEVELOPMENT (R5) ZONE
4.7.1 Zone Purpose
The purpose of the Comprehensive Neighbourhood Development (R5) Zone is to enable the
development of large-scale and comprehensively planned neighbourhoods by development
agreement , as per policy 3.1.2 (d) of the Municipal Planning Strategy.
4.7.2 Uses
4.7.2.1
Permitted Uses
The following uses shall be permitted in the Comprehensive Neighbourhood Development (R5) Zone
subject to all applicable requirements of this By-law, including Section 14 - General Regulations.
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the setback requirements of
the Agricultural (A1) Zone
Forestry Uses
Existing Uses1
1Amended to add "Existing Uses", November 5, 2024, File 24-05
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.7-2
R5
4.7.3 Zone Requirements
The following requirements shall apply to all development located in the Comprehensive
Neighbourhood Development (R5) Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
5 acres
(b)
Minimum Lot Frontage:
100 ft.
(c)
Minimum Front/Flankage
Setback:
(main and accessory
buildings)
20 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii) Abutting a Residential
Zone
(iii) Accessory Buildings
20 ft.
40 ft.
20 ft.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii) Accessory Buildings
40 ft.
20 ft.
f)
Maximum Building Height:
(i)
Main Buildings
(ii) Accessory Buildings
45 ft.
20 ft.
4.7.4 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Comprehensive Neighbourhood (R5) Zone.
(a)
The development of comprehensive planned neighbourhood developments in accordance with
policies 3.1.13 and 3.1.14 of the Municipal Planning Strategy.
(b)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.8-1
H1
Section 4.8 removed, May 2, 2023, New Minas Secondary Plan
By-law #106 - Land Use By-law
Section 4: Residential Zones
4.8-2
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5-1
Section 5 - COMMERCIAL ZONES
5.1
Summary of Commercial Zone Names and Symbols
Zone Name
Symbol
General Commercial
C1
Central Business
C2
Mixed Commercial Residential
C3
Rural Commercial
C4
Highway Commercial
C5
Comprehensive Business Development
C6
5.2
Summary of Permitted Uses within Commercial Zones
The following summarizes the main permitted uses in the Commercial Zones subject to all the
requirements set out in this By-law. Please see the specific zone section for an exact list of permitted
uses and any special conditions.
Land Use
C1
C2
C3
C4
C5
C6
RESIDENTIAL
Grouped Dwellings
C3
Mobile Homes
C4
Multi-unit Dwellings
C3
One Unit Dwellings
C3
C4
Residential Facilities
C3
Residential Units in Commercial Buildings
C1
C2
C3
C4
Semi-detached Dwellings
C3
C4
Townhouses
C3
Two Unit Dwellings
C3
C4
NON-RESIDENTIAL
Agricultural Equipment and Parts Sales and Service
C1
C4
C5
Agricultural Related Industries
C1
C2
C4
Agricultural Uses
C4
C6
Agricultural Uses - Existing
C1
C2
C3
C5
Agritainment Uses
C4
Animal Boarding Facilities
C4
Arts and Cultural Centres
C1
C2
C3
C4
C5
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5-2
Land Use
C1
C2
C3
C4
C5
C6
Automotive Repair
C1
C4
C5
Automotive Sales and Rental
C1
C4
C5
Building and Construction Contractors
C1
C4
Bus/Taxi Stations
C1
C2
C5
Business Offices
C1
C2
C3
C4
Carwash Facilities
C1
C4
C5
Community Facilities
C1
C2
C3
C4
Crematoria
C1
C3
C4
Day Care Facilities
C1
C2
C3
C4
Domestic Animal Grooming
C1
C2
C3
C4
Drive-Through Restaurants
C1
C5
Dry-cleaning Depots
C1
C2
C3
C4
Dry-cleaning Facilities
C1
Educational Facilities
C1
C2
C3
C4
Emergency Services
C1
C2
C4
C5
Equipment Rental
C1
C2
C3
C4
Existing uses permitted in the General Commercial
(C1) Zone
C2
Farm or Vineyard Product Sampling
C4
Farm Market Outlets
C4
Fixed Roof Overnight Accommodations
C1
C2
C3
C4
C5
Food and Drink Production
C1
C2
C4
Forestry Related Industry
C4
Forestry Uses
C4
C6
Funeral Homes
C1
C2
C3
C4
Gas Bars
C1
C2
C4
C5
Goods and Services Shops
C1
C2
C3
C4
Greenhouses
C4
Heavy Equipment Facilities
C1
C4
C5
Household Item Repair Services
C1
C2
C3
C4
Indoor Recreation Uses
C1
C2
C3
C4
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5-3
Land Use
C1
C2
C3
C4
C5
C6
Laundromats
C1
C2
C3
C4
C5
Licensed Liquor Establishments
C1
C2
Manufacturing
C1
C2
Medical and Dental Clinics
C1
C2
C3
C4
Outdoor Commercial Display
C1
C4
C5
Parking Lots
C1
C2
C5
Personal Service Shops
C1
C2
C3
C4
Places of Worship
C1
C2
C3
C4
Professional Trades
C1
C4
Restaurants
C1
C2
C3
C4
C5
Retail Stores
C1
C2
C3
C4
C5
Self Storage Facilities
C4
C5
Storefront Recycling Uses
C1
C2
C4
Tourist Commercial Uses
C4
Veterinary Clinics
C1
C2
C3
C4
Visitor Information Centres
C1
C2
C3
C4
C5
Wildlife Rescue and Rehabilitation Centres
C4
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5-4
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.3-1
C1
5.3
GENERAL COMMERCIAL (C1) ZONE
5.3.1 Zone Purpose
The purpose of the General Commercial (C1) Zone is to accommodate a very wide range of
commercial uses, as well as limited residential opportunities and low-impact industrial developments,
along main transportation corridors, as per policy 3.2.2 (a) of the Municipal Planning Strategy. In the
event of conflict between residential and commercial uses, the interests of commercial uses shall
prevail in this zone.
5.3.2 Uses
5.3.2.1
Permitted Uses
The following uses shall be permitted in the General Commercial (C1) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Residential Units in Commercial Buildings
Located above, behind or below ground floor
commercial uses
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Equipment and Parts Sales and
Service
Agricultural Related Industry
Section 5.3.4.1
Agricultural Uses - Existing
Subject to the requirements of the Agricultural
(A1) Zone
Arts and Cultural Centres
Automotive Repair
Section 5.3.4.2
Automotive Sales and Rental
Building and Construction Contractors
Bus/Taxi Stations
Business Offices
Carwash Facilities
Community Facilities
Crematoria
Day Care Facilities
Domestic Animal Grooming
Section 14.3
Drive-Through Restaurants
Section 14.3
Dry-cleaning Depots
Dry-cleaning Facilities
Educational Facilities
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.3-2
C1
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Emergency Services
Equipment Rental
Fixed Roof Overnight Accommodations
Food and Drink Production
Section 5.3.4.1
Funeral Homes
Gas Bars
Section 14.3
Goods and Services Shops
Heavy Equipment Facilities
Household Item Repair Services
Indoor Recreation Uses
Laundromats
Licensed Liquor Establishments
Manufacturing
Section 5.3.4.1
Medical and Dental Clinics
Outdoor Commercial Display
Section 5.3.4.4
Parking Lots
Personal Service Shops
Places of Worship
Professional Trades
Restaurants
Retail Stores
Storefront Recycling Uses
Section 5.3.4.2
Veterinary Clinics
Section 14.3
Visitor Information Centres
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.3-3
C1
5.3.3 Zone Requirements
The following requirements shall apply to all development located in the General Commercial (C1)
Zone.
Requirement
All Permitted
Uses, within the
Growth Centre of
New Minas
All Permitted
Uses, Elsewhere
(a)
Minimum Lot Area:
5,000 sq ft.
5,000 sq ft.
(b)
Minimum Lot Frontage:
50 ft.
50 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
20 ft.
20 ft.
(ca)
Maximum Front/Flankage Setback*:
50 ft.
n/a
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii) Main Building2 Abutting a
Residential Zone
(iii) Accessory Buildings
10 ft.
20 ft.
4 ft.
10 ft.
20 ft.
4 ft.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii) Main Building2 Abutting a
Residential Zone
(iii) Accessory Buildings
20 ft.
40 ft.
4 ft.
20 ft.
40 ft.
4 ft.
(f)
Maximum Building Height:
(i)
Main Buildings
(ii) Accessory Buildings
65 ft.
20 ft.
55 ft.
20 ft.
(g)
Minimum Main Building Height:
20 ft.
n/a
(h)
Minimum Ground Floor Height:
12 ft.
n/a
(i)
Maximum Streetwall Height:
35 ft.
n/a
(j)
Minimum Stepback above Streetwall
10 ft.
n/a
*Where multiple main buildings are located on a lot the maximum front/flankage
setback shall only apply to the main building closest to the front/flankage lot line.
1. Amended to add ca, g, h, i, j and "All Permitted Uses, within the Growth Centre of New Minas",
May 2, 2023, New Minas Secondary Plan
2. Amended to add "Main Building", October 1, 2024, File P21-01
5.3.4 Additional Requirements
5.3.4.1
Agricultural Related Industry Uses, Food and Drink Production and
Manufacturing
Agricultural related industry uses, food and drink production and manufacturing shall be subject to
the conditions noted below.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.3-4
C1
(a)
The use shall include an accessory retail store on site where product(s) produced may be
purchased.
(b)
The area used for agriculture related industry, food and drink production or manufacturing
shall be limited to a maximum of 5,000 square feet of gross floor area exclusive of the
accessory retail store.
(c)
Any outlets for air, noise, or fumes shall be directed away from any existing adjacent
Residential Zones.
5.3.4.2
Accessory Holding Yards
Accessory holding yards shall be subject to the conditions noted below.
(a)
Accessory holding yards shall be limited to a maximum area of 5,000 square feet and must be
located in the rear or side yard, excluding a flankage yard.
(b)
Accessory holding yards shall meet the required main building setbacks.
(c)
Accessory holding yards shall be enclosed by an opaque fence having a minimum height of
six (6) feet and a maximum height of 15 feet.
5.3.4.3
Parking
No parking is permitted within four (4) feet of a lot line abutting a Residential One Unit (R1) Zone or
Residential One and Two Unit (R2) Zone.
5.3.4.4
Outdoor Commercial Display, Accessory Outdoor Commercial Display and
Accessory Outdoor Storage
Outdoor commercial display, accessory outdoor commercial display and accessory outdoor storage
shall be subject to the conditions noted below.
(a)
Outdoor commercial display, whether a main use or accessory use, shall not be located within
ten (10) feet of any front or flankage lot line or within any required side or rear setback.
(b)
Accessory outdoor storage shall not be located within the front or flankage yard or within
any required side or rear setback.
(c)
The total area used for accessory outdoor storage shall not exceed 5,000 square feet or 50
per cent of the total lot area, whichever is smaller.
5.3.4.5
Landscaping
Landscaping consisting of a mixture of grass, flower beds, shrubs, trees or other permeable surfaces
shall be required within the lot boundary along all road frontages at a minimum width of ten (10) feet
and along all other lot lines at a minimum width of four (4) feet except where a permitted access to a
parking area on an abutting lot is provided. Such accesses shall have a maximum width of 25 feet.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.3-5
C1
5.3.5. Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the General Commercial (C1) Zone.
(a)
Proposals for educational facilities that cannot meet zone requirements in accordance with
policy 2.5.17 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Uses compatible with the purpose of the General Commercial (C1) Zone that do not otherwise
meet the requirements of the zone in accordance with policy 3.2.9 of the Municipal Planning
Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
5.3.6. Site Plan Approval in the Growth Centre of New Minas
5.3.6.1
Site Plan Approval in the Growth Centre of New Minas
No development permit shall be issued within the Growth Centre of New Minas for development
abutting Commercial Street in the General Commercial (C1) Zone unless site plan approval is
obtained. A clear and accurate site plan showing the location and size of development on the
property shall be provided to the Development Officer for approval. The site plan shall accurately
show the following features:
(a)
Property boundaries;
(b)
Any watercourse, steep slopes or wetland;
(c)
Driveway(s);
(d)
Parking areas, internal vehicular circulation and any connections to abutting properties;
(e)
Pedestrian infrastructure;
(f)
Main building envelope(s);
(g)
Any accessory buildings;
(h)
Landscaped areas;
(i)
Areas to be maintained as natural vegetation; and
(j)
Key measurements showing the location of the above features on the property
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.3-6
C1
5.3.6.2
Additional Site Plan Requirements
Proposed development shown on any site plan required in section 5.3.6.1 shall conform with the
requirements below:
(a)
Zone requirements contained in Section 5.3.3;
(b)
Landscaping requirements contained in Section 5.3.4.5;
(c)
Vehicular access points shall be limited to two per street frontage. Where possible, adjacent
lots should share access points.
(d)
A pedestrian walkway a minimum of 5 feet in width and protected from automobile traffic by
means of grade separation, planters, bollards, or curbing shall connect all main entrances to
Commercial Street; and
(e)
Parking lots with more than 20 parking spaces shall be divided into separate parking areas,
each of not more than 20 parking spaces, through the use of curbed and vegetated
"landscaped islands" and/or by curbed pedestrian pathways a minimum of 5 feet in width.
5.3.6.3
Site Plan Exemptions
The following matters do not require site plan approval but all other requirements of this By-law shall
be met prior to the issuance of a development permit:
(a)
Repairs to buildings and structures on the lot and renovations that do not increase the
building or structure footprint.
(Amended May 2, 2023, New Minas Secondary Plan)
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.4-1
C2
5.4
CENTRAL BUSINESS (C2) ZONE
5.4.1 Zone Purpose
The purpose of the Central Business (C2) Zone is to promote the development of a range of retail
and service commercial uses at a scale in keeping with the traditional village development pattern in
Canning, Kingston, Aylesford and Port Williams, in accordance with policy 3.2.2 (b) of the Municipal
Planning Strategy. In the event of conflict between residential and commercial uses, the interests of
commercial uses shall prevail.
5.4.2 Uses
5.4.2.1
Permitted Uses
The following uses shall be permitted in the Central Business (C2) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Residential Units in Commercial Buildings
Located above, behind or below ground
floor commercial uses
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Related Industry
Section 5.4.4.1
Agricultural Uses - Existing
Subject to the requirements of the
Agricultural (A1) Zone
Arts and Cultural Centres
Bus/Taxi Stations
Business Offices
Community Facilities
Day Care Facilities
Domestic Animal Grooming
Section 14.3
Dry-cleaning Depots
Educational Facilities
Emergency Services
Equipment Rental
Existing uses permitted in the General
Commercial (C1) Zone
Fixed Roof Overnight Accommodations
Food and Drink Production
Section 5.4.4.1
Funeral Homes
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.4-2
C2
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Gas Bars
Section 14.3
Goods and Services Shops
Household Item Repair Services
Indoor Recreation Uses
Laundromats
Licensed Liquor Establishments
Manufacturing
Section 5.4.4.1
Medical and Dental Clinics
Parking Lots
Personal Service Shops
Places of Worship
Restaurants
Retail Stores
Storefront Recycling Uses
Veterinary Clinics
Section 14.3
Visitor Information Centres
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.4-3
C2
5.4.3 Zone Requirements
The following requirements shall apply to all development located in the Central Business (C2) Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
3,500 sq ft.
(b)
Minimum Lot Frontage:
35 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
0 ft.*
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii)
Abutting a Residential Zone
(iii)
Accessory Buildings
0 ft.
20 ft.
4 ft.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii)
Abutting a Residential Zone
(iii)
Accessory Buildings
10 ft.
40 ft.
4 ft.
(f)
Maximum Building Height:
(i)
Main Buildings
(ii)
Accessory Buildings
55 ft.
20 ft.
* With permission of the road authority. Check for utility and other easements.
5.4.4 Additional Requirements
5.4.4.1
Agricultural Related Industry, Food and Drink Production and Manufacturing
Agricultural related industry uses, food and drink production and manufacturing shall be subject to
the conditions noted below.
(a)
The use shall include an accessory retail store on site where product(s) produced may be
purchased.
(b)
The area used for agriculture related industry, food and drink production or manufacturing
shall be limited to a maximum of 5,000 square feet of gross floor area exclusive of the
accessory retail store.
(c)
Any outlets for air, noise, or fumes shall be directed away from any existing adjacent
Residential Zones.
5.4.4.2
Outdoor Commercial Display
Outdoor commercial display shall be permitted as an accessory use provided the area used for
outdoor commercial display does not exceed ten (10) per cent of the total lot area.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.4-4
C2
5.4.4.3
Parking
Minimum parking space requirements for non-residential uses as set out in section 14.5 shall not
apply. However, compliance with on-site parking requirements for residential uses is required.
5.4.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Central Business (C2) Zone.
(a)
Proposals for educational facilities that cannot meet zone requirements in accordance with
policy 2.5.17 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Uses compatible with the purpose of the Central Business (C2) Zone that do not otherwise
meet the requirements of the zone in accordance with policy 3.2.9 of the Municipal Planning
Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.5-1
C3
5.5
MIXED COMMERCIAL RESIDENTIAL (C3) ZONE
5.5.1 Zone Purpose
The purpose of the Mixed Commercial Residential (C3) Zone is to complement established
commercial areas and provide the flexibility to permit both residential and lower impact commercial
uses, such as local retail or business offices, in the same area of a Growth Centre, in accordance with
policy 3.2.2 (c) of the Municipal Planning Strategy.
5.5.2 Uses
5.5.2.1
Permitted Uses
The following uses shall be permitted in the Mixed Commercial Residential (C3) Zone subject to all
applicable requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Grouped Dwellings
Multi-unit Dwellings containing
up to 12 residential units
Subject to the requirements applicable to
Multi-unit Dwellings in section 4.5 1
Multi-unit Dwellings containing
more than 12 residential units
Subject to the requirements applicable to
Multi-unit Dwellings in section 4.6 1
One Unit Dwellings
Subject to the requirements applicable to
One & Two Unit Dwellings in section 4.4.3
Residential Facilities
Up to 50,000 sq ft. gross floor area
Residential Units in Commercial
Buildings
Located above, behind or below ground
floor commercial uses
Semi-detached Dwellings
Subject to the requirements applicable to
Semi-detached Dwellings in section 4.4.3
Townhouses
Subject to the requirements applicable to
Townhouses in section 4.5
Two Unit Dwellings
Subject to the requirements applicable to
One & Two Unit Dwellings in section 4.4.3
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses - Existing
Subject to the requirements of the
Agricultural (A1) Zone
Arts and Cultural Centres
Business Offices
Community Facilities
Crematoria
Day Care Facilities
Domestic Animal Grooming
Section 14.3
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.5-2
C3
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Dry-cleaning Depots
Educational Facilities
Equipment Rental
Fixed Roof Overnight
Accommodations
Funeral Homes
Goods and Services Shops
Household Item Repair Services
Indoor Recreation Uses
Laundromats
Medical and Dental Clinics
Personal Service Shops
Places of Worship
Restaurants
Retail Stores
Veterinary Clinics
Section 14.3
Visitor Information Centres
1. Amended February 6, 2024, File P22-02
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.5-3
C3
5.5.3 Zone Requirements
The following requirements shall apply to all development located in the Mixed Commercial
Residential (C3) Zone.
Requirement
Grouped
Dwellings
All Other
permitted uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii) On-site Sewer
2,000 sq ft./unit
30,000 sq ft./unit
4,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Central Sewer
(ii) On-site Sewer
40 ft.
60 ft.
40 ft.
60 ft.
(c)
Minimum
Front/Flankage Setback:
(main and accessory
buildings)
20 ft.
20 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii) Accessory Buildings
4 ft.
4 ft.
10 ft.
4 ft.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii) Accessory Buildings
20 ft.
4 ft.
20 ft.
4 ft.
(f)
Maximum Building
Height:
(i)
Main Buildings
(ii) Accessory Buildings
35 ft.
20 ft.
45 ft.
20 ft.
5.5.4 Additional Requirements
5.5.4.1
Residential Uses
In the event of conflict between residential and commercial uses, the interests of commercial uses
shall prevail.
5.5.4.2
Non-residential Uses
One or more non-residential uses in one or more buildings shall be permitted on a lot up to a
maximum of 10,000 square feet of gross floor area.
5.5.4.3
Accessory Outdoor Commercial Display and Accessory Outdoor Storage
Accessory outdoor commercial display and accessory outdoor storage shall be permitted subject to
the conditions noted below.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.5-4
C3
(a)
Accessory outdoor commercial display shall not be located within ten (10) feet of any front or
flankage lot line or within any required side or rear setback for a main building.
(b)
Accessory outdoor storage shall not be located within the front or flankage yard or within any
required side or rear setback for a main building.
(c)
The total area used for accessory outdoor commercial display or accessory outdoor storage
shall not exceed 2,500 square feet or 50 per cent of the total lot area, whichever is smaller.
5.5.4.4
Parking
No parking is permitted within four (4) feet of a lot line abutting a Residential One Unit (R1) Zone or
Residential One and Two Unit (R2) Zone.
5.5.4.5
Landscaping
Landscaping consisting of a mixture of grass, flower beds, shrubs, trees or other permeable surfaces
shall be required within the lot boundary along all road frontages at a minimum width of ten (10) feet
and along all other lot lines at a minimum width of four (4) feet except where a permitted access to a
parking area on an abutting lot is provided. Such accesses shall have a maximum width of 25 feet.
5.5.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Mixed Commercial Residential (C3) Zone.
(a)
Proposals for educational facilities that cannot meet zone requirements in accordance with
policy 2.5.17 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Uses compatible with the purpose of the Mixed Commercial Residential (C3) Zone that do not
otherwise meet the requirements of the zone in accordance with policy 3.2.9 of the Municipal
Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.6-1
C4
5.6
RURAL COMMERCIAL (C4) ZONE
5.6.1 Zone Purpose
The purpose of the Rural Commercial (C4) Zone is to provide opportunities for commercial uses to
locate and expand in rural communities serving rural industries, visitors, and residents, in accordance
with policies 2.2.2 (a), 2.2.7 and 2.2.8 of the Municipal Planning Strategy.
5.6.2 Uses
5.6.2.1
Permitted Uses
The following uses shall be permitted in the Rural Commercial (C4) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Mobile Homes
One Unit Dwellings
Residential Units in Commercial Buildings
Located above, behind or below ground
floor commercial uses
Semi-detached Dwellings
Two Unit Dwellings
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Equipment and Parts Sales and
Service
Agricultural Related Industries
Agricultural Uses
Agritainment Uses
Section 14.3
Animal Boarding Facilities
Section 14.3
Arts and Cultural Centres
Automotive Repair
Automotive Sales and Rental
Building and Construction Contractors
Business Office
Carwash Facilities
Community Facilities
Crematoria
Day Care Facilities
Domestic Animal Grooming
Section 14.3
Dry-cleaning Depots
Educational Facilities
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.6-2
C4
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Emergency Services
Equipment Rental
Farm Market Outlets
Farm or Vineyard Product Sampling
Section 14.3
Farm Stays
Fixed Roof Overnight Accommodations
Food and Drink Production
Maximum 5,000 sq ft. of gross floor area
Forest Related Industry
Forestry Uses
Section 14.3
Funeral Homes
Gas Bars
Section 14.3
Goods and Services Shop
Greenhouses
Heavy Equipment Facilities
Household Item Repair
Indoor Recreation Uses
Laundromats
Medical and Dental Clinics
Outdoor Commercial Display
Personal Service Shops
Places of Worship
Professional Trades
Restaurants
Retail Stores
Maximum 5,000 sq ft. of commercial floor
area
Self-storage Facilities
Storefront Recycling Uses
Tourist Commercial Uses
Section 14.3
Veterinary Clinics
Visitor Information Centres
Wildlife Rescue and Rehabilitation Centres
1.
Amended to add Outdoor Commercial Display, January 5, 2021, File 20-10
2. Removed "Residential Facilities" for consistency, October 1, 2024, File 21-01
3. Amended to add "Day Care Facilities", June 3, 2025, File 24-21
4. Amended to add "Carwash Facilities", February 3, 2026, File 25-14
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.6-3
C4
5.6.3 Zone Requirements
The following requirements shall apply to all development located in the Rural Commercial (C4) Zone.
Requirement
Permitted Uses
(a)
Minimum Lot Area:
(i) General
(ii) Semi-detached Dwellings
30,000 sq ft.
N/A
(b)
Minimum Lot Frontage:
100 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
20 ft.
(d)
Minimum Side Setback:
(i) Main Buildings
(ii) Accessory Buildings
20 ft.
10 ft.
(e)
Minimum Rear Setback:
(i) Main Buildings
(ii) Accessory Buildings
40 ft.
10 ft.
(f)
Maximum Building Height:
(i) Main Buildings
(ii) Accessory Buildings
45 ft.
20 ft.
5.6.4 Additional Requirements
5.6.4.1
Accessory Outdoor Storage
Accessory outdoor storage shall be permitted provided it is not located within the required front or
flankage setback for a main building.
5.6.4.2
Accessory Holding Yard
Accessory holding yards shall not be located within the required front or flankage setback, shall be
limited to a maximum of 5,000 square feet and must be enclosed by a fence having a minimum
height of six (6) feet.
5.6.4.3
Outdoor Commercial Display
Outdoor commercial display shall be permitted provided it is not located within ten (10) feet of a
front or flankage lot line. (Amended January 5, 2021, File 20-10)
5.6.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Rural Commercial (C4) Zone.
(a)
Proposals for high-impact recreation uses that are not permitted as-of-right in the
Commercial Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning
Strategy.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.6-4
C4
(b)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(ba)
Proposals for visitor-oriented development not permitted as-of-right in accordance with
policy 2.5.13 of the Municipal Planning Strategy (Amended for clarity, October 1, 2024, File P21-
01)
(c)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.7-1
C5
5.7
HIGHWAY COMMERCIAL (C5) ZONE
5.7.1 Zone Purpose
The purpose of the Highway Commercial (C5) Zone is to complement established commercial areas by
permitting commercial uses to serve the traveling public; commercial uses that are not usually desired
within main street commercial or mixed use areas; and commercial uses that benefit from exposure to
high traffic volumes or require direct access to a major transportation route, in accordance with policy
3.2.2 (d) of the Municipal Planning Strategy.
5.7.2 Uses
5.7.2.1
Permitted Uses
The following uses shall be permitted in the Highway Commercial (C5) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Equipment and Parts Sales
and Service
Agricultural Uses - Existing
Subject to the requirements of the
Agricultural (A1) Zone
Arts and Cultural Centres
Automotive Repair
Automotive Sales and Rental
Bus/Taxi Stations
Carwash Facilities
Drive-Through Restaurants
Section 14.3
Emergency Services
Fixed Roof Overnight Accommodations
Gas Bars
Section 14.3
Heavy Equipment Facilities
Laundromats
Outdoor Commercial Display
Parking Lots
Restaurants
Retail Stores
Self Storage Facilities
Visitor Information Centres
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.7-2
C5
5.7.3 Zone Requirements
The following requirements shall apply to all development located in the Highway (C5) Commercial
Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii) On-site Sewer
4,000 sq ft.
30,000 sq ft
(b)
Minimum Lot Frontage:
(i)
Central Sewer
(ii) On-site Sewer
40 ft
60 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
20 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii) Abutting a Residential Zone
(iii) Accessory Buildings
10 ft.
20 ft.
4 ft.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii) Abutting a Residential Zone
(iii) Accessory Buildings
20 ft.
40 ft.
4 ft.
(f)
Maximum Building Height:
(i)
Main Buildings
(ii) Accessory Buildings
55 ft.
20 ft.
5.7.4 Additional Requirements
5.7.4.1
Landscaping
Landscaping consisting of a mixture of grass, flower beds, shrubs, trees or other permeable surfaces
shall be required within the lot boundary along all road frontages at a minimum width of ten (10) feet
and along all other lot lines at a minimum width of four (4) feet except where a permitted access to a
parking area on an abutting lot is provided. Such accesses shall have a width no greater than 25 feet.
5.7.4.2
Appearance from Highway 101
All building walls visible from Highway 101 shall meet the following requirements:
(a)
Glazing must make up a minimum of 25 per cent of the wall area visible from Highway 101.
(b)
Walls visible from Highway 101 must be constructed of cladding that is consistent with the
material(s) used on the front of the building and must not present blank walls visible from
Highway 101.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.7-3
C5
5.7.4.3 Outdoor Commercial Display
Outdoor commercial display shall be permitted provided it is not located within ten (10) feet of a front
or flankage lot line
5.7.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below be considered by Development
Agreement within the Highway Commercial (C5) Zone.
(a)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
(b)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(c)
Uses compatible with the purpose of the Highway Commercial (C5) Zone that do not otherwise
meet the requirements of the zone in accordance with policy 3.2.9 of the Municipal Planning
Strategy.
(d)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.7-4
C5
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.8-1
C6
5.8
COMPREHENSIVE BUSINESS DEVELOPMENT (C6) ZONE
5.8.1 Zone Purpose
The purpose of the Comprehensive Business Development (C6) Zone is to enable the
development of large-scale and comprehensively planned business areas by development
agreement in accordance with policy 3.2.2 (e) of the Municipal Planning Strategy.
5.8.2 Uses
5.8.2.1
Permitted Uses
The following uses shall be permitted in the Comprehensive Business Development (C6) Zone
subject to all applicable requirements of this By-law, including Section 14 - General Regulations.
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses
Subject to the requirements of the
Agricultural (A1) Zone
Forestry Uses
Subject to the requirements of the
Resource (N1) Zone
5.8.3 Zone Requirements
The following requirements shall apply to all development located in the Comprehensive Business
Development (C6) Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
5 acres
(b)
Minimum Lot Frontage:
100 ft.
5.8.4 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Comprehensive Business Development (C6) Zone.
(a)
Proposals for high-impact recreation uses that are not permitted as-of-right in the
Commercial Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal
Planning Strategy.
(b)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(c)
The development of comprehensive planned commercial developments in accordance
with policies 3.2.12, 3.2.13, 3.2.14, 3.2.15 and 3.2.16 of the Municipal Planning Strategy.
(d)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 5: Commercial Zones
5.8-2
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6-1
Section 6 - INDUSTRIAL ZONES
6.1 Summary of Industrial Zone Names and Symbols
Zone Name
Symbol
Light Industrial Commercial
M1
Heavy Industrial
M2
Rural Industrial
M3
6.2 Summary of Uses Permitted within Industrial Zones
The following summarizes the main uses permitted in the Industrial Zones subject to all the
requirements set out in this By-law. Please see the specific zone section for an exact list of permitted
uses and any special conditions.
Land Use
M1
M2
M3
NON-RESIDENTIAL
Abattoirs
M1
M2
M3
Aggregate Related Industries
M2
M3
Agricultural Equipment and Parts Sales and Service
M1
M2
M3
Agricultural Related Industries
M1
M2
M3
Agricultural Uses
M3
Agricultural Uses - Existing
M1
M2
Animal Boarding Facilities
M1
M3
Animal By-products Plants
M2
M3
Automotive Repair
M1
M2
M3
Automotive Sales and Rental
M1
Building and Construction Contractors
M1
M2
M3
Bulk Chemical Storage
M1
M2
M3
Bulk Fuel Storage
M1
M2
M3
Bulk Mineral Storage
M1
M2
M3
Bus/Taxi Stations
M1
M2
Business Offices
M1
Carwash Facilities
M1
M2
Composting Facilities
M3
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6-2
Land Use
M1
M2
M3
Construction and Demolition Debris Disposal Sites
M3
Correctional Centres
M1
M2
Crematoria
M1
M2
M3
Drive-In Movie Theatres
M1
Dry-cleaning Facilities
M1
Educational Facilities
M1
Emergency Services
M1
M2
M3
Equipment Rental
M1
M2
Fish and Seafood Processing
M2
M3
Fish Farms
M2
M3
Fishing Uses
M1
M2
M3
Food and Drink Production
M1
M2
M3
Forest Industry Uses
M2
M3
Forestry Uses
M3
Funeral Homes
M1
Gas Bars
M1
M2
Goods and Services Shops
M1
Greenhouses
M1
M2
M3
Heavy Equipment Facilities
M1
M2
M3
Holding Yards
M2
Household Item Repair Services
M1
M2
M3
Indoor Recreation Uses
M1
M2
Livestock Operations
M3
Manufacturing
M1
M2
M3
Outdoor Commercial Displays
M1
Outdoor Storage
Parking Lots
M1
Professional Trades
M1
M2
M3
Retail Stores
M1
Salvage and Scrap Operations
M2
M3
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6-3
Land Use
M1
M2
M3
Sanitary Services
M2
M3
Self Storage Facilities
M1
M2
M3
Storefront Recycling Uses
M1
M2
M3
Tidal Energy Facility - Existing
M3
Transportation Services
M1
M2
M3
Veterinary Clinics
M1
Warehouses
M1
M2
M3
Waste Transfer Stations
M2
M3
Wildlife Rescue and Rehabilitation Centre
M1
M3
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6-4
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.3-1
M1
6.3
LIGHT INDUSTRIAL COMMERCIAL (M1) ZONE
6.3.1 Zone Purpose
The purpose of the Light Industrial Commercial (M1) Zone is to provide for the development of less
intense industrial uses commercial uses serving the industrial sector and commercial uses requiring
large areas of land for outdoor storage, outdoor commercial displays or warehousing in accordance
with policy 3.3.2 (a) of the Municipal Planning Strategy.
6.3.2 Uses
6.3.2.1
Permitted Uses
The following uses shall be permitted in the Light Industrial Commercial (M1) Zone subject to all
applicable requirements of this By-law, including in Section 14 - General Regulations.
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Abattoirs
Agricultural Equipment and Parts Sales and
Service
Agricultural Related Industries
Maximum 25,000 sq ft. of gross floor area
Agricultural Uses - Existing
Subject to the requirements of the
Agricultural (A1) Zone
Animal Boarding Facilities
Section 14.3
Automotive Repair
Automotive Sales and Rental
Building and Construction Contractors
Bulk Chemical Storage
Bulk Fuel Storage
Bulk Mineral Storage
Bus/Taxi Stations
Business Offices
Carwash Facilities
Correctional Centres
Crematoria
Drive-In Movie Theatres
Dry-cleaning Facilities
Educational Facilities
Emergency Services
Equipment Rental
Fishing Uses
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.3-2
M1
6.3.3 Zone Requirements
The following requirements shall apply to all development located in the Light Industrial Commercial
(M1) Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
10,000 sq ft.
(b)
Minimum Lot Frontage:
60 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
20 ft.
(d)
Minimum Side Setback:
(i) Main Buildings
(ii) Abutting a Residential Zone
(iii) Accessory Buildings
10 ft.
30 ft.
4 ft.
(e)
Minimum Rear Setback:
(i) Main Buildings
(ii) Abutting a Residential Zone
(iii) Accessory Buildings
20 ft.
50 ft.
4 ft.
(f)
Maximum Building Height:
(i) Main Buildings
(ii) Accessory Buildings
55 ft.
20 ft.
Food and Drink Production
Maximum 25,000 sq ft. of gross floor area
Funeral Homes
Gas Bars
Section 14.3
Goods and Services Shops
Greenhouses
Heavy Equipment Facilities
Household Item Repair Services
Indoor Recreation Uses
Manufacturing
Maximum 25,000 sq ft. of gross floor area
Outdoor Commercial Display
Parking Lots
Professional Trades
Retail Stores
Self Storage Facilities
Storefront Recycling Uses
Transportation Services
Veterinary Clinics
Section 14.3
Warehouses
Wildlife Rescue and Rehabilitation Centres
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.3-3
M1
6.3.4 Additional Requirements
6.3.4.1
Outdoor Storage
Accessory outdoor storage shall be permitted subject to the conditions noted below.
(a)
Outdoor storage shall not be located within ten (10) feet of any front and flankage lot line or
within any required side or rear setback for a main building.
(b)
The total area used for outdoor storage shall not exceed 50 per cent of the total lot area.
6.3.4.2 Outdoor Commercial Display
Outdoor commercial display shall not be located within ten (10) feet of any front and flankage lot line
or within any required side or rear setback for a main building.
6.3.4.3
Accessory Holding Yards
Accessory holding yards shall be permitted subject to the conditions noted below.
(a)
Where abutting a Residential Zone, an accessory holding yard shall meet the setback for a
main building abutting a Residential Zone.
(b)
The area devoted to an accessory holding yard shall not exceed 50 per cent of the lot area.
(c)
An accessory holding yard shall be enclosed by an opaque fence having a minimum height of
six (6) feet to screen it from the travelling public and adjacent properties.
6.3.4.4
Lot Surfacing
All areas of a lot not covered by buildings, parking areas, accessory outdoor storage, outdoor
commercial display or an accessory holding yard shall consist of a permeable surface. Such materials
can include landscaping such as grass, flower beds, shrubs, trees or other permeable materials such as
gravel or interlocking stone.
6.3.4.5
Fences
A fence and/or buffering shall be provided in accordance with the regulations related to fences in
section 14.2 of this By-law and in accordance with policy 3.3.6 of the Municipal Planning Strategy.
6.3.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Light Commercial Industrial (M1) Zone.
(a)
Proposals for educational facilities that cannot meet zone requirements in accordance with
policy 2.5.17 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.3-4
M1
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Uses compatible with the purpose of the Light Commercial Industrial (M1) Zone that do not
otherwise meet the requirements of the zone in accordance with policy 3.3.7 of the Municipal
Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.4-1
M2
6.4
HEAVY INDUSTRIAL (M2) ZONE
6.4.1 Zone Purpose
The purpose of the Heavy Industrial (M2) Zone is to provide for the development of heavy industrial
uses within the Growth Centres requiring access to transportation routes and raw resources while
reducing the impact of these uses on areas of residential development in accordance with policy 3.3.2
(b) of the Municipal Planning Strategy.
6.4.2 Uses
6.4.2.1
Permitted Uses
The following uses shall be permitted in the Heavy Industrial (M2) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Abattoirs
Aggregate Related Industries
Agricultural Equipment and Parts Sales
and Service
Agricultural Related Industries
Agricultural Uses - Existing
Subject to the requirements of the
Agricultural (A1) Zone
Animal By-Products Plants
Automotive Repair
Building and Construction Contractors
Bulk Chemical Storage
Bulk Fuel Storage
Bulk Mineral Storage
Bus/Taxi Stations
Carwash Facilities
Correctional Centre
Crematoria
Emergency Services
Equipment Rental
Fish and Seafood Processing
Fish Farms
Fishing Uses
Food and Drink Production
Forest Industry Uses
Gas Bars
Section 14.3
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.4-2
M2
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Greenhouses
Heavy Equipment Facilities
Holding Yards
Household Item Repair Services
Indoor Recreation Uses
Manufacturing
Professional Trades
Salvage and Scrap Operations
Sanitary Services
Self Storage Facilities
Storefront Recycling Uses
Transportation Services
Warehouses
Waste Transfer Stations
6.4.3 Zone Requirements
The following requirements shall apply to all development located in the Heavy Industrial (M2) Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
10,000 sq ft.
(b)
Minimum Lot Frontage:
60 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
20 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii)
Abutting a Residential Zone
(iii) Accessory Buildings
10 ft.
50 ft.
4 ft.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii)
Abutting a Residential Zone
(iii) Accessory Buildings
20 ft.
50 ft.
4 ft.
(f)
Maximum Building Height:
(i)
Main Buildings
(ii) Accessory Buildings
55 ft.
20 ft.
6.4.4 Additional Requirements
6.4.4.1
Outdoor Storage
Accessory outdoor storage shall be permitted subject to the conditions noted below.
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.4-3
M2
(a)
Outdoor storage shall not be located within ten (10) feet of any front and flankage lot line or
within any required side or rear setback.
(b)
The total area used for outdoor storage shall not exceed 5,000 square feet or 50 per cent of
the total lot area.
6.4.4.2 Outdoor Commercial Display
Accessory outdoor commercial display shall not be located within ten (10) feet of any front and
flankage lot line or within any required side or rear setback for a main building.
6.4.4.3
Holding Yards
Holding yards shall be subject to the requirements noted below.
(a)
Holding yards shall meet the setback requirements for a main building.
(b)
A holding yard shall be enclosed by an opaque fence having a minimum height of six (6) feet
to screen it from the travelling public and adjacent properties if abutting a Residential Zone.
Such a fence shall be subject to the setback requirements for a main use.
6.4.4.4
Fences
A fence and/or buffering shall be provided in accordance with the regulations related to fences in
section 14.2 of this By-law and in accordance with policy 3.3.6 of the Municipal Planning Strategy.
6.4.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Heavy Industrial (M2) Zone.
(a)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
(b)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(c)
Uses compatible with the purpose of the Heavy Industrial (M2) Zone that do not otherwise
meet the requirements of the zone in accordance with policy 3.3.7 of the Municipal Planning
Strategy.
(d)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.4-4
M2
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.5-1
M3
6.5
RURAL INDUSTRIAL (M3) ZONE
6.5.1 Zone Purpose
The purpose of the Rural Industrial (M3) Zone is to provide for the development of industrial uses
that support the agriculture, forestry fishing and other industries that require large tracts of land
and/or need to be well separated from residential uses in accordance with policies 2.2.9 and
2.2.10 of the Municipal Planning Strategy.
6.5.2 Uses
6.5.2.1
Permitted Uses
The following uses shall be permitted in the Rural Industrial (M3) Zone subject to all applicable
requirements of this By-law, including in Section 14 - General Regulations.
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Abattoirs
Aggregate Related Industries
Agricultural Equipment and Parts
Sales and Service
Agricultural Related Industries
Agricultural Uses
Animal Boarding Facilities
Section 14.3
Animal By-products Plants
Automotive Repair
Building and Construction
Contractors
Bulk Chemical Storage
Bulk Fuel Storage
Bulk Mineral Storage
Composting Facilities
Construction and Demolition Debris
Disposal Site
Section 6.5.4.1
Crematoria
Emergency Services
Fish and Seafood Processing
Fish Farms
Fishing Uses
Food and Drink Production
Forestry Industry Uses
Forestry Uses
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.5-2
M3
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Greenhouses
Heavy Equipment Facilities
Household Item Repair Services
Holding Yards
Section 6.5.4.2
Livestock Operations
Subject to the requirements of the
Agricultural (A1) Zone
Manufacturing
Professional Trades
Salvage and Scrap Operations
Section 6.5.4.1
Sanitary Services
Self Storage Facilities
Storefront Recycling Uses
Tidal Energy Facility - Existing
Transportation Services
Warehouses
Waste Transfer Stations
Wildlife Rescue and Rehabilitation
Centres
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.5-3
M3
6.5.3 Zone Requirements
The following requirements shall apply to all development located in the Rural Industrial (M3)
Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
2 acres
(b)
Minimum Lot Frontage:
100 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
40 ft.
(d)
Minimum Side Setback:
(i) Main Buildings
(ii) Main Buildings if abutting an
A4 Zone or a Growth Centre
boundary
(iii) Accessory Buildings
30 ft.
50 ft.
20 ft.
(e)
Minimum Rear Setback:
(i) Main Buildings
(ii) Accessory Buildings
40 ft.
20 ft.
(f)
Maximum Building Height:
(i) Main Buildings
(ii) Accessory Buildings
45 ft.
20 ft.
6.5.4 Additional Requirements
6.5.4.1
Construction and Demolition Debris Disposal Sites, Salvage and Scrap
Operations
Any new or the expansion of any existing construction and demolition debris disposal sites and
salvage and scrap operations shall meet the screening and separation requirements noted below.
(a)
With the exception of accessory offices, all development, including main and accessory
buildings, parking areas, loading areas, and outdoor storage shall be separated from any
existing dwelling located on a separate lot by a distance of at least 300 feet.
(b)
A wooded area at least 100 feet in width shall be maintained along all lot lines, with the
exception of driveways needed to access a public road. If the 100 foot wide area is already
wooded, it shall be retained as a wooded area. If the 100 foot wide area is cleared, then
trees and shrubs that would naturally spread in the area shall be grown.
6.5.4.2
Holding Yards
Holding yards shall be permitted subject to the conditions noted below.
(a)
The area devoted to the holding yard shall meet the required setbacks for an accessory
building.
By-law #106 - Land Use By-law
Section 6: Industrial Zones
6.5-4
M3
(b)
A holding yard shall be enclosed by an opaque fence having a minimum height of six (6)
feet to screen it from the travelling public and adjacent properties.
6.5.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Rural Industrial (M3) Zone:
(a)
Proposals for high-impact recreation uses that are not permitted as-of-right in the
Commercial Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal
Planning Strategy.
(b)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(c)
Uses compatible with the purpose of the Rural Industrial (M3) Zone that do not otherwise
meet the requirements of the zone in accordance with policy 3.3.7 of the Municipal
Planning Strategy.
(d)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 7: Institutional Zone
7-1
Section 7- INSTITUTIONAL ZONE
7.1
Summary of Institutional Zone Name and Symbol
Zone Name
Symbol
Institutional
I1
7.2
Summary of Uses Permitted within the Institutional Zone
The following summarizes the main uses permitted in the Institutional (I1) Zone subject to all the
requirements set out in this By-law. Please see the specific zone section for an exact list of
permitted uses and any special conditions.
Land Use
I1
NON-RESIDENTIAL
Animal Boarding Facilities - Existing
I1
Arts and Cultural Centres
I1
Community Facilities
I1
Correctional Centres
I1
Day Care Facilities
I1
Educational Facilities
I1
Emergency Services
I1
Hospitals
I1
Medical and Dental Clinics
I1
Parking Lots
I1
Places of Worship
I1
Residential Facilities
I1
Retail Stores
I1
By-law #106 - Land Use By-law
Section 7: Institutional Zone
7-2
By-law #106 - Land Use By-law
Section 7: Institutional Zone
7.3-1
I1
7.3
INSTITUTIONAL (I1) ZONE
7.3.1
Zone Purpose
The purpose of the Institutional (I1) Zone is to include lands that contain or are intended to
contain institutional uses including but not limited to schools, fire halls and hospitals in
accordance with policy 3.0.31 of the Municipal Planning Strategy.
7.3.2 Uses
7.3.2.1
Permitted Uses
The following uses shall be permitted in the Institutional (I1) Zone subject to all applicable
requirements of this By-law, including in Section 14 - General.
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Animal Boarding Facilities - Existing
Section 14.3
Arts and Cultural Centres
Community Facilities
Correctional Centres
Day Care Facilities
Educational Facilities
Emergency Services
Hospitals
Medical and Dental Clinics
Parking Lots
Places of Worship
Residential Facilities
Retail Stores
Maximum 1,500 square feet of gross
floor area within main buildings
By-law #106 - Land Use By-law
Section 7: Institutional Zone
7.3-2
I1
7.3.3 Zone Requirements
The following requirements shall apply to all development located in the Institutional (I1) Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii)
On-site Sewer
10,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Central Sewer
(ii)
On-site Sewer
60 ft.
100 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
20 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii)
Abutting a Residential Zone
(iii)
Accessory Buildings
10 ft.
30 ft.
4 ft.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii)
Abutting a Residential Zone
(iii)
Accessory Buildings
20 ft.
50 ft.
4 ft.
(f)
Maximum Building Height:
(i)
Main Buildings
(ii)
Accessory Buildings
55 ft.
20 ft.
7.3.4 Additional Requirements
7.3.4.1
Landscaping
Landscaping consisting of a mixture of grass, flower beds, shrubs, trees or other permeable
surfaces shall be required within the lot boundary along all road frontages at a minimum width of
ten (10) feet and along all other lot lines at a minimum width of four (4) feet except where a
permitted access to a parking area on an abutting lot is provided and such accesses shall have a
maximum width of 25 feet.
7.3.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Institutional (I1) Zone.
(a)
Proposals for educational facilities that cannot meet zone requirements in accordance
with policy 2.5.17 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the
Commercial Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal
Planning Strategy.
By-law #106 - Land Use By-law
Section 7: Institutional Zone
7.3-3
I1
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 7: Institutional Zone
7.3-4
I1
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8-1
Section 8 -
AGRICULTURAL ZONES
8.1
Summary of Agricultural Zone Names and Symbols
Zone Name
Symbol
Agricultural
A1
Rural Mixed Use
A2
Farm Commercial
A3
Country Residential
A4
Historic Hamlet of Grand Pré
A5
8.2
Summary of Uses Permitted within Agricultural Zones
The following summarizes the main uses permitted in the Agricultural Zones subject to all the
requirements set out in this By-law. Please see the specific zone section for an exact list of permitted
uses and special conditions.
Land Use
A1
A2
A3
A4
A5
RESIDENTIAL
Mobile Homes
A1
A2
A4
Mini-home Parks - Existing
A2
One Unit Dwellings
A1
A2
A4
A5
Recreational Cabins
A2
Residential Units in Commercial Buildings
A3
Residential Uses - Existing
A1
A3
Semi-detached Dwellings
A2
A4
A5
Two Unit Dwellings
A1
A2
A4
A5
NON-RESIDENTIAL
Abattoirs
A1
A2
Agricultural Equipment and Parts Sales and Services
A1
A2
A3
Agricultural Related Industries
A1
A2
A3
Agricultural Uses
A1
A2
A3
A4
A5
Agritainment Uses
A1
A2
A3
A5
Animal Boarding Facilities
A1
A2
Bunkhouses
A1
A2
A3
A5
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8-2
Land Use
A1
A2
A3
A4
A5
Community Facilities
A1
A2
A4
A5
Equipment Rental
A3
Existing Uses
A3
Farm Dwellings
A1
A3
Farm or Vineyard Product Sampling
A1
A2
A3
A5
Farm Market Outlets
A1
A2
A3
A5
Farm Museums
A1
Farm Supportive Uses
A1
A2
A3
Farm Tenements
A1
A2
A3
A5
Fish Farms
A2
Fishing Uses
A1
A2
Fixed Roof Overnight Accommodations
A3
Food and Drink Production
A3
Forest Industry Uses
A2
Forestry Uses
A1
A2
A4
Greenhouses
A1
A2
A3
A4
A5
Indoor Recreation Uses
A3
Livestock Operations
A1
A2
A3
A5
Places of Worship
A1
A2
A4
A5
Remote-controlled Aircraft Fields - Existing
A1
Restaurants
A3
Retail Stores
A3
Storefront Recycling Uses
A3
Tourist Commercial Uses
A2
A3
A5
Veterinary Clinics
A3
Visitor Information Centres
A3
Wildlife Rescue and Rehabilitation Centres
A1
A2
Zoo - Existing
A2
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.3-1
A1
8.3
AGRICULTURAL (A1) ZONE
8.3.1 Zone Purpose
The purpose of the Agricultural (A1) Zone is to protect agricultural land for a viable and sustainable
agriculture and food industry, in accordance with policy 3.4.2 (a) of the Municipal Planning Strategy. This
zone will provide maximum flexibility for agricultural and complementary uses and limit non-farm
development, including housing. In the event of a conflict between an agricultural use and a non-
agricultural use, the agricultural use shall take priority.
8.3.2 Uses
8.3.2.1
Permitted Uses
The following uses shall be permitted in the Agricultural (A1) Zone subject to all applicable requirements
of this By-law, including Section 14 - General Regulations.
EXISTING USES
SPECIAL CONDITIONS
Agricultural Related Industries - Existing3
Animal Boarding Facilities - Existing
Section 14.3
Community Facilities - Existing
Farm Museums - Existing
Non-profit Camps - Existing
Places of Worship - Existing
Forest Industry Uses - Existing1
Remote-controlled Aircraft Fields - Existing
Residential Uses - Existing
Wildlife Rescue and Rehabilitation Centres -
Existing
AGRICULTURAL USES
SPECIAL CONDITIONS
Abattoirs
Agricultural Equipment and Parts Sales and
Services
Agricultural Uses
Agritainment Uses
Section 14.3
Bunkhouses
Section 8.3.4.3
Farm Dwellings
Section 8.3.4.3
Permitted as an accessory use to a farming
business1
Farm or Vineyard Product Sampling
Section 14.3
Farm Market Outlets
Farm Supportive Uses
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.3-2
A1
AGRICULTURAL USES
SPECIAL CONDITIONS
Farm Tenements
Section 8.3.4.3
Permitted as an accessory use to a farming
business2
Fishing Uses
Forestry Uses
Greenhouses
Livestock Operation
Section 14.3
RESIDENTIAL USES
SPECIAL CONDITIONS
Mobile Homes
Sections 8.3.4.1 and 8.3.4.2
One Unit Dwellings
Sections 8.3.4.1 and 8.3.4.2
Two Unit Dwellings
Sections 8.3.4.1 and 8.3.4.2
1.
Amended to add "Forest Industry Uses - Existing", December 6, 2022, File 22-12
2.
Amended to add "Permitted as an accessory use to a farming business" for clarity, October 1, 2024, File P21-01
3.
Amended to add "Agricultural Related Industry - Existing", April 7, 2026, File 25-17
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.3-3
A1
8.3.3 Zone Requirements
The following requirements shall apply to all development located in the Agricultural (A1) Zone.
Requirement
Existing Uses
Livestock
Operations
& Abattoirs
Agricultural
Uses and
Forest
Industry
Uses
Residential
Uses
(a)
Minimum Lot Area:
30,000 sq ft.
200,000 sq ft.
100,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot
Frontage:
100 ft.
20 ft.
20 ft.
200 ft.
(c)
Minimum
Front/Flankage
Setback: (main and
accessory buildings)
40 ft.
40 ft.
40 ft.
40 ft.
(d)
Minimum Side
Setback:
(i)
Main Buildings
(ii)
Accessory
Buildings
20 ft.
10 ft.
100 ft.
40 ft.
40 ft.
20 ft.
20 ft.
10 ft
(e)
Minimum Rear
Setback:
(i)
Main Buildings
(ii)
Accessory
Buildings
40 ft.
20 ft.
100 ft.
40 ft.
40 ft.
20 ft.
40 ft.
20 ft.
(f)
Maximum Building
Height:
(i)
Main Buildings
(ii) Accessory
Buildings
35 ft.
20 ft.
55 ft.
35 ft.
55 ft.
35 ft.
35 ft.
20 ft.
1. Amended to add "Forest Industry Uses", December 6, 2022, File 22-12
8.3.4 Additional Requirements
8.3.4.1 Residential Uses
New residential uses are permitted between two dwellings in existence on the date of adoption of this
By-law that are no more than 300 feet apart or between a dwelling in existence on the date of adoption
of this By-law and a public road that are no more than 300 feet apart, in accordance with policy 3.4.12(d)
of the Municipal Planning Strategy. For clarity, the distance shall be measured at the required front
setback on a perpendicular line extending from the road to the nearest applicable point to the adjacent
dwelling or public road. Additional requirements noted below shall also apply.
(a)
Existing dwellings are required to have been in existence on the date of adoption of this By-law
and may include farm dwellings but shall exclude farm tenements.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.3-4
A1
(b)
Lots may be either newly created or in existence on the date of adoption of this By-law.
(c)
Notwithstanding (b) above, residential uses may be located on lots described in subsection
14.2.5 related to existing undersized lots, subject to the separation distance requirements of this
subsection.
8.3.4.2
Site Plan Approval
Residential uses permitted under section 8.3.4.1, and residential uses replacing an existing residential
use in a substantially different location, shall be subject to site plan approval in accordance with the
criteria below and in accordance with policy 3.4.13 of the Municipal Planning Strategy. (Amended October
1, 2024, File P21-01)
(a)
Residential uses shall locate as close to the front lot line as possible. The dwelling and all
accessory buildings shall be within 150 feet of the front lot line, measured from the rear wall of
the dwelling or accessory building, unless restricted by topography or it is shown that the impact
on agricultural lands is greater than if the dwelling and accessory buildings were located
elsewhere.
(b)
Written acknowledgement by the property owner that the dwelling is located in an agricultural
area.
(c)
The addition of a second residential unit to a one unit dwelling shall not be subject to site plan
approval. (Added for clarity, October 1, 2024, File P21-01)
8.3.4.3
Farm Dwellings, Farm Tenements and Bunkhouses
Farm dwellings, farm tenements and bunkhouses shall be permitted on a farm property subject to the
criteria below.
(a)
The farm dwelling, farm tenement or bunkhouse shall be accessory to a farming business and
shall not be the first main farm building on the lot. For clarity, more than one farm tenement is
permitted per lot provided all requirements of this By-law are met. (Amended October 1, 2024, File
P21-01)
(b)
The property owner shall demonstrate that the farm dwelling, farm tenement or bunkhouse is
part of a farming business operating on the farm property where it is located.
(c)
At the time of application for a new farm dwelling, farm tenement or bunkhouse, the gross
revenue of the property owner from the farming business exceeded the income from all other
sources for the preceding tax year.
8.3.4.4 Reuse of Existing Buildings
Notwithstanding 8.3.4.1, an existing community facility or place of worship may be converted to a one
or two unit dwelling.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.3-5
A1
8.3.4.5 Topsoil Removal
Topsoil removal shall be prohibited except for removal that is incidental to a permitted use and
excavation associated with the construction of buildings and infrastructure, in accordance with policy
3.4.10 of the Municipal Planning Strategy.
8.3.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by Development
Agreement within the Agricultural (A1) Zone:
(a)
Event venues and restaurants accessory to an operating farming business in accordance with
policy 3.4.15 of the Municipal Planning Strategy.
(b)
Farm stays accessory to a farming business in accordance with policy 3.4.16 of the Municipal
Planning Strategy.
(c)
Development of a farm dwelling by a new or relocated farmer in accordance with policy 3.4.17
of the Municipal Planning Strategy.
(d)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.3-6
A1
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.4-1
A2
8.4
RURAL MIXED USE (A2)ZONE
8.4.1 Zone Purpose
The purpose of the Rural Mixed Use (A2) Zone is to provide for a mix of agricultural, residential and
resource uses, in order to enable the expansion of the agricultural industry as well as accommodate
demand for rural housing, in accordance with policy 3.4.19. In the event of a conflict between an
agricultural use and a non-agricultural use, the agricultural use shall take priority.
8.4.2 Uses
8.4.2.1
Permitted Uses
The following uses shall be permitted in the Rural Mixed Use (A2) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Mobile Homes
Maximum two residential units per lot
in one or two dwellings.1
Mini-home Parks - Existing
One Unit Dwellings
Maximum two residential units per lot
in one or two dwellings.1
Recreational Cabins
Semi-detached Dwellings
Subject to the requirements applicable
to Semi-detached Dwellings in 8.6.3.1
Two Unit Dwellings
Maximum two residential units per lot
in one or two dwellings.1
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Abattoirs
Agricultural Related Industries
Animal Boarding Facilities
Section 14.3
Community Facilities - Existing
Fish Farms
Forest Industry Uses
Places of Worship
Tourist Commercial Uses
Section 14.3
Wildlife Rescue and Rehabilitation Centres
Zoos - Existing
AGRICULTURAL USES
SPECIAL CONDITIONS
Agricultural Equipment and Parts Sales and
Services
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.4-2
A2
AGRICULTURAL USES
SPECIAL CONDITIONS
Agricultural Uses
Agritainment Uses
Section 14.3
Bunkhouses
Section 8.4.4.1
Farm or Vineyard Product Sampling
Section 14.3
Farm Market Outlets
Farm Supportive Uses
Farm Tenements
Section 8.4.4.1
Fishing Uses
Forestry Uses
Greenhouses
Livestock Operations
Section 14.3
1. Amended special conditions related to residential uses, May 21, 2026, File P24-01
8.4.3 Zone Requirements
The following requirements shall apply to all development located in the Rural Mixed Use (A2) Zone.
Requirement
Residential
Uses,
Community
Facilities and
Places of
Worship
Agricultural
Uses
Abattoir;
Livestock
Operations,
Zoo - existing
All Other
Permitted
Uses
(a)
Minimum Lot Area:
General
Semi-detached
dwellings2
30,000 sq ft.1
30,000 sq ft./unit
100,000 sq ft.
N/A
200,000 sq ft.
N/A
100,000 sq ft.
N/A
(b)
Minimum Lot Frontage:
(i)
General
(ii) Semi-detached
Dwellings
200 ft.
100 ft./unit
20 ft.
N/A
20 ft.
N/A
200 ft.
N/A
(c)
Minimum
Front/Flankage Setback:
(main and accessory
buildings)
40 ft.
40 ft.
40 ft.
40 ft.
(d)
Minimum Side Setback:
(i) Main Buildings
(ii) Accessory Buildings
(iii) Common Wall
20 ft.
10 ft.
0 ft.
40 ft.
20 ft.
N/A
100 ft.
40 ft.
N/A
40 ft.
20 ft.
N/A
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii) Accessory Buildings
40 ft.
20 ft.
40 ft.
20 ft.
100 ft.
40 ft.
40 ft.
20 ft.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.4-3
A2
(f)
Maximum Building
Height:
(i)
Main Buildings
(ii) Accessory Buildings
35 ft.
20 ft.
55 ft.
35 ft.
55 ft.
35 ft.
55 ft.
20 ft.
1.
Amended to remove "/unit" October 1, 2024, File P21-01
2.
Amended to add requirements for semi-detached dwellings, October 1, 2024, File 21-01
8.4.4
Additional Requirements
8.4.4.1
Farm Tenements and Bunkhouses
Farm tenements and bunkhouses shall be permitted on a farm property subject to the conditions noted
below.
(a)
The farm tenement or bunkhouse shall not be the first main farm building on the lot.
(b)
The property owner shall demonstrate that the farm tenement or bunkhouse is part of a farming
business operating on the farm property where it is located.
(c)
At the time of application for a new farm tenement or bunkhouse, the gross revenue of the
applicant from the farming business exceeded the income from all other sources for the
preceding tax year.
8.4.4.2
Frontage on a Private Road
A development permit may be issued for a residential use on lots without frontage on a public road
subject to the criteria noted below.
(a)
If the lot has the equivalent minimum lot frontage on an existing private road.
(b)
A residential use shall be subject to the required minimum front or flankage setback measured
from the extent of the right-of-way. (Amended May 10, 2022, File 21-02)
8.4.5
Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by Development
Agreement within the Rural Mixed Use (A2) Zone:
(a)
Proposals for visitor-oriented development not permitted as-of-right in accordance with policy
2.5.13 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Proposals for the expansion of an existing mobile home park in accordance with policy 3.4.22 of
the Municipal Planning Strategy.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.4-4
A2
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.5-1
A3
8.5
FARM COMMERCIAL (A3) ZONE
8.5.1 Zone Purpose
The purpose of the Farm Commercial (A3) Zone is to provide for the development of farm commercial
and agritainment uses that involve, support or complement agricultural activities in the community of
Greenwich and limit commercial uses that are not related or complementary to farming business
operations, in accordance with policy 3.4.24 of the Municipal Planning Strategy. In the event of conflict
between or among uses, the interests of agricultural uses shall prevail.
8.5.2 Uses
8.5.2.1
Permitted Uses
The following uses shall be permitted in the Farm Commercial (A3) Zone subject to all applicable
requirements of this By-law, including this in Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Residential Units in Commercial Buildings
Located above, behind or below ground floor
commercial uses and subject to section 8.5.4.1
Residential Uses - Existing
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Equipment and Parts Sales
and Service
Agricultural Related Industries
Agricultural Uses
Agritainment Uses
Section 14.3
Bunkhouses
Section 8.5.4.1
Existing Uses
Equipment rental
Farm Dwellings
Section 8.5.4.1
Farm or Vineyard Product Sampling
Section 14.3
Farm Market Outlet
Farm Supportive Uses
Farm Tenements
Section 8.5.4.1
Fixed Roof Overnight Accommodations
Maximum 12 guest rooms
Food and Drink Production
Greenhouses
Indoor Recreation Uses
Livestock Operation
Section 14.3
Restaurants
Maximum 2,500 sq ft. gross floor area
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.4-2
A3
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Retail Stores
Maximum 2,500 sq ft. gross floor area
Storefront Recycling Uses
Tourist Commercial Uses
Section 14.3
Veterinary Clinics
Section 14.3
Visitor Information Centres
8.5.3 Zone Requirements
The following requirements shall apply to all development located in the Farm Commercial (A3) Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii) On-site Sewer
10,000 sq ft.
100,000 sq ft.
(b)
Minimum Lot Frontage:
100 ft.
(c)
Minimum Front/Flankage
Setback:
(main and accessory buildings)
40 ft.
(d)
Minimum Side Setback:
(i) Main Buildings
(ii) Accessory Buildings
20 ft.
10 ft.
(e)
Minimum Rear Setback:
(i) Main Buildings
(ii) Accessory Buildings
40 ft.
10 ft.
(f)
Maximum Building Height:
(i) Main Buildings
(ii) Accessory Buildings
55 ft.
20 ft.
8.5.4 Additional Requirements
8.5.4.1
Farm Dwellings, Farm Tenements and Bunkhouses
Farm dwellings, farm tenements and bunkhouses shall be permitted on a farm property subject to the
conditions noted below.
(a)
The farm dwelling, farm tenement or bunkhouse shall not be the first main farm building on the
lot.
(b)
The property owner shall demonstrate that the farm dwelling, farm tenement or bunkhouse is
part of a farming business operating on the farm property where it is located.
(c)
At the time of application for a new farm dwelling, farm tenement or bunkhouse, the gross
revenue of the applicant from the farming business exceeded the income from all other sources
for the preceding tax year.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.5-3
A3
8.5.4.2
Green Space
A minimum of 25 per cent of a lot, or the portion of a lot located in the Farm Commercial (A3) Zone,
shall be maintained as green space. The green space may consist of agricultural lands, amenity areas,
landscaping, or natural vegetation.
8.5.4.3
Accessory Outdoor Commercial Display and Accessory Outdoor Storage
Accessory outdoor commercial display and accessory outdoor storage shall be permitted subject to the
conditions noted below.
(a)
Accessory outdoor commercial display shall not be located within ten (10) feet of any front lot line
or within any required side or rear main building setback.
(b)
Accessory outdoor storage shall not be located within the front yard or within any required side
or rear main building setback.
(c)
The total area used for accessory outdoor commercial display or accessory outdoor storage shall
not exceed 2,500 square feet or 50 per cent of the total lot area, whichever is smaller.
8.5.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by Development
Agreement within the Farm Commercial (A3) Zone:
(a)
Proposals for visitor-oriented development not permitted as-of-right in accordance with policy
2.5.13 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.4-4
A3
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.6-1
A4
8.6
COUNTRY RESIDENTIAL (A4) ZONE
8.6.1 Zone Purpose
The purpose of the Country Residential (A4) Zone is to maintain low density neighbourhoods in
predominantly agricultural areas, consisting primarily of one or two unit dwellings, in accordance with
policy 3.4.30 of the Municipal Planning Strategy. In the event of a conflict between an agricultural use
and a non-agricultural use, the agricultural use shall take priority.
8.6.2 Uses
8.6.2.1
Permitted Uses
The following uses shall be permitted in the Country Residential (A4) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Mobile Homes
Maximum two residential units per lot in
one or two dwellings1.
One Unit Dwellings
Semi-detached Dwellings
Two Unit Dwellings
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses
Community Facilities - Existing
Forestry Uses
Greenhouses
Places of Worship
1. (Amended April 17, 2026, file P23-01)
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.6-2
A4
8.6.3 Zone Requirements
The following requirements shall apply to all development located in the Country Residential (A4) Zone.
Requirement
One Unit
Dwellings, Two
Unit Dwellings
& Mobile
Homes
Semi-
detached
dwellings
All Other
Permitted
Uses
(a)
Minimum Lot Area:
(i)
Central Sewer
(ii)
On-site Sewer
10,000 sq ft.
30,000 sq ft.
5000 sq ft./unit
30,000 sq ft./unit
100,000 sq ft.
100,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Central Sewer
(ii)
On-site Sewer
80 ft.
100 ft.
40 ft./unit
50 ft./unit
100 ft.
100 ft.
(c)
Minimum
Front/Flankage Setback:
(main and accessory
buildings)
25 ft.
25 ft.
40 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
a. Central Sewer
b. On-site Sewer
(ii)
Accessory Buildings
(iii)
Common Wall
4 ft.
20 ft.
4 ft.
N/A
4 ft.
20 ft.
4 ft.
0 ft
40 ft.
40 ft.
20 ft.
N/A
(e)
Minimum Rear Setback:
(i)
Main Buildings
a.
Central Sewer
b.
On-site Sewer
(ii)
Accessory
Buildings
20 ft.
40 ft.
10 ft.
20 ft.
40 ft.
10 ft.
40 ft.
40 ft.
20 ft.
(f)
Maximum Building Height:
(i)
Main Buildings
(ii)
Accessory Buildings
35 ft.
20 ft.
35 ft.
20 ft.
55 ft.
20 ft.
1. Amended February 6, 2024 to modify requirements for semi-detached dwellings, File 23-13
8.6.4 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by Development
Agreement within the Country Residential (A4) Zone:
(a)
Proposals for visitor-oriented development not permitted as-of-right in accordance with policy
2.5.13 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.6-3
A4
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Clustered housing developments consisting of grouped dwellings or low-rise dwellings in
accordance with policy 3.4.33 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.6-4
A4
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.7-1
A5
8.7 HISTORIC HAMLET OF GRAND PRÉ (A5) ZONE
8.7.1 Zone Purpose
The purpose of the Historic Hamlet of Grand Pré (A5) Zone is to retain the historic character of the
Heritage Conservation District of Grand Pré, in accordance with policy 4.6.3 of the Municipal
Planning Strategy.
8.7.2 Uses
8.7.2.1
Permitted Uses
The following uses shall be permitted in the Historic Hamlet of Grand Pré (A5) Zone subject to all
applicable requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
One Unit Dwellings
Semi-detached Dwellings
Two Unit Dwellings
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses
Agritainment Uses
Section 14.3
Bunkhouses
Section 8.7.4.1
Community Facilities
Farm or Vineyard Product Sampling
Section 14.3
Farm Market Outlets
Farm Supportive Uses
Farm Tenements
Section 8.7.4.1
Greenhouses
Livestock Operation
Section 14.3
Places of Worship
Tourist Commercial Uses
Section 14.3
1. Amended to add "Farm Supportive Uses" April 4, 2023, File 22-21
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.7-2
A5
8.7.3 Zone Requirements
The following requirements shall apply to all development located in the Historic Hamlet of Grand
Pré (A5) Zone.
Requirement
Residential Uses,
Community
Facilities and
Places of
Worship
Livestock
Operations
All Other
Permitted
Uses
(a)
Minimum Lot Area:
(i) General
(ii) Semi-detached
Dwellings
50,000 sq ft.
25,000 sq ft./unit
200,000 sq ft.
N/A
50,000 sq ft.
N/A
(b)
Minimum Lot Frontage:
(i) General
(ii) Semi-detached
Dwellings
200 ft.
100 ft/unit
20 ft.
N/A
20 ft.
N/A
(c)
Minimum Front/Flankage
Setback: (main and
accessory buildings)
20 ft.
40 ft.
40 ft.
(d)
Minimum Side Setback:
(i) Main Buildings
(ii) Accessory Buildings
(iii) Common Wall
20 ft.
10 ft.
0 ft.
100 ft.
40 ft.
N/A
40 ft.
20 ft.
N/A
(e)
Minimum Rear Setback:
(i) Main Buildings
(ii) Accessory Buildings
20 ft.
10 ft.
100 ft.
40 ft.
40 ft.
20 ft.
(f)
Maximum Building Height:
(i) Main Buildings
(ii) Accessory Buildings
35 ft.
20 ft.
55 ft.
35 ft.
55 ft.
20 ft.
8.7.4 Additional Requirements
8.7.4.1
Farm Tenements and Bunkhouses
Farm tenements and bunkhouses shall be permitted on a farm property subject to the conditions
noted below.
(a)
The farm tenement or bunkhouse shall not be the first main farm building on the lot.
(b)
The property owner shall demonstrate that the farm tenement or bunkhouse is part of a
farming business operating on the farm property where it is located.
(c)
At the time of application for a new farm tenement or bunkhouse, the gross revenue of the
applicant from the farming business exceeded the income from all other sources for the
preceding tax year.
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.7-3
A5
8.7.4.2
Grand Pré Heritage Conservation District By-law
In addition to the requirements of this By-law, development in the Historic Hamlet of Grand Pré
shall also comply with the requirements of the Grand Pré Heritage Conservation District By-law.
8.7.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Historic Hamlet of Grand Pré (A5) Zone:
(a)
Visitor-oriented proposals not permitted as-of-right in accordance with policy 4.6.8 of the
Municipal Planning Strategy.
(aa)
Proposals for multi-unit dwellings containing up to 8 residential units in accordance with
policy 4.6.7 of the Municipal Planning Strategy. (Added October 1, 2024, File P21-01)
(ab)
A proposal for a visitor centre within the Grand Pré Community Plan boundary in
accordance with policy 4.6.15 of the Municipal Planning Strategy. (Added October 1, 2024, File
P21-01)
(b)
Uses considered by Development Agreement in all zones listed in section 14.7
By-law #106 - Land Use By-law
Section 8: Agricultural Zones
8.7-4
A5
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9-1
Section 9 - SHORELAND ZONES
9.1
Summary of Shoreland Zone Names and Symbols
Zone Name
Symbol
Lakeshore Residential
S1
Lakeshore Limited Development
S2
Tidal Shoreland
T1
Tidal Commercial
T2
9.2
Summary of Uses Permitted within Shoreland Zones
The following summarizes the main uses permitted in the Shoreland Zones subject to all the
requirements set out in this By-law. Please see the specific zone section for an exact list of permitted
uses and special conditions.
Land Use
S1
S2
T1
T2
RESIDENTIAL
One Unit Dwellings
S1
S2
T1
T2
Recreational Cabins
S1
S2
T1
T2
Recreational Vehicles
S1
S2
T1
T2
Residential Units in Commercial Buildings
T2
Semi-detached Dwellings
T1
T2
Two Unit Dwellings
T1
T2
NON-RESIDENTIAL
Agricultural Uses
S2
T1
Boathouses
S1
S2
Business Offices
T2
Community Facilities
S1
T1
T2
Day Care Facilities
T2
Domestic Animal Grooming
T2
Educational Facilities
T2
Emergency Services
T2
Fish and Seafood Processing
T2
Fishing Uses
T1
T2
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9-2
Land Use
S1
S2
T1
T2
Fixed Roof Overnight Accommodations
T2
Forestry Uses
S1
S2
T1
Goods and Services Shops
T2
Medical and Dental Clinics
T2
Personal Service Shops
T2
Places of Worship
T1
T2
Restaurants
T2
Retail Stores
T2
Tourist Commercial Uses
T1
T2
Veterinary Clinics
T2
Visitor Information Centres
T2
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.3-1
S1
9.3
LAKESHORE RESIDENTIAL (S1) ZONE
9.3.1 Zone Purpose
The purpose of the Lakeshore Residential (S1) Zone is to minimize the impact of human development
on freshwater lakes developed as of the date of adoption of this By-law while allowing public and private
opportunities for freshwater-related recreation, leisure activities, and habitation, in accordance with
policy 3.5.2 (a) of the Municipal Planning Strategy.
9.3.2 Uses
9.3.2.1
Permitted Uses
The following uses shall be permitted in the Lakeshore Residential (S1) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
One Unit Dwellings
Section 9.3.4
Recreational Cabins
Section 9.3.4
Recreational Vehicles
Section 9.3.4
Two Unit Dwellings1
Section 9.3.4
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Boathouses
Must be associated with a lot located on
an island unless it is accessory to a
residential use
Community Facilities - Existing
Forestry Uses
1.
Amended to add two unit dwellings, May 21, 2026, File P24-01
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.3-2
S1
9.3.3 Zone Requirements
The following requirements shall apply to all development located in the Lakeshore Residential (S1) Zone.
Requirement
All Permitted Uses
(a) Minimum Lot Area:
50,000 sq ft.
(b) Minimum Lot Frontage:
200 ft.
(c)
Minimum Water Frontage for
Waterfront Lots:
200 ft.
(d) Minimum Front/Flankage Setback:
(main and accessory buildings)
20 ft.
(e) Minimum Side Setback:
(i)
Main Building
(ii) Accessory Buildings
20 ft.
10 ft.
(f)
Minimum Shoreline Setback*:
(i)
Main Buildings
(ii) Boathouses
(iii) Accessory Buildings1
65 ft.
4 ft.
65 ft.
(g) Minimum Rear Setback*:
(i)
Main Buildings
(ii) Accessory Buildings
20 ft.
10 ft.
(h) Maximum Building Height:
(i)
Main Buildings
35 ft.
(ii) Accessory Buildings:
20 ft.
* Except in relation to boathouses, in cases where the minimum rear setback and minimum shoreline
setback conflict, the requirement that places buildings farther from the shoreline shall apply.
1.
Amended to add "Accessory Buildings", October 1, 2024, File P21-01
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.3-3
S1
9.3.4 Additional Requirements
The following additional requirements shall apply to all residential development in the Lakeshore
Residential (S1) Zone (Amended October 1, 2024, File P21-01) :
9.3.4.1
Maximum Building Footprint
All buildings on the property shall be subject to a maximum combined building footprint. The maximum
combined main and accessory building footprint shall be as follows:
Lot Size
Waterfront Lots
Back Lots
(a)
0 to 25,000 sq ft. in area
10 per cent of lot
area
20 per cent of lot
area
(b)
25,001 to 50,000 sq ft. in area
2,500 sq ft.
5,000 sq ft.
(c)
50,001 to 75,000 sq ft. in area
3,000 sq ft.
5,500 sq ft.
(d)
75,001 to 100,000 sq ft. in area
3,500 sq ft.
6,000 sq ft.
(e)
Larger than 100,000 sq ft. in area
4,000 sq ft.
6,500 sq ft.
9.3.4.2
Frontage on a Private Road
A development permit may be issued for residential use, recreational cabin or recreational vehicle uses
on lots without frontage on a public road subject to the criteria noted below.
(a)
If the lot has the equivalent minimum lot frontage on a private road.
(b)
A residential use, recreational cabin or recreational vehicle shall be subject to the required
minimum front or flankage setback measured from the extent of the right-of-way.
9.3.4.3 Residential Uses
A maximum of two residential uses excluding two unit dwellings are permitted on a lot and may
include any combination of a one unit dwelling, recreational cabin, or recreational vehicle. A maximum
of one two unit dwelling is permitted on a lot. (Amended May 21, 2026, File P24-01)
9.3.4.4 Recreational Vehicles
A recreational vehicle shall be permitted as a main use on a lot subject to the conditions noted below.
(a) A development permit could be issued for a dwelling or recreational cabin on the lot.
(b) The recreational vehicle does not meet the definition of a derelict vehicle under the Act.
(c) The location of the recreational vehicle on the lot meets the setback requirements for a dwelling in
the zone.
(Amended May 21, 2026, File P24-01)
9.3.4.5
Vegetation
Any use of a waterfront lot shall adhere to the requirements noted below.
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.3-4
S1
(a)
Vegetation within the shoreline setback shall remain undisturbed.
(b)
Notwithstanding section 9.3.4.5(a) above, up to 35 per cent of the area within the required
shoreline setback may be cleared to permit passage to the lakeshore and a filtered view of the
lake.
(c)
The soil mantle within the required shoreline setback shall not be altered by cutting, filling, or
recontouring of the natural grades or otherwise, to every extent possible.
(d)
Any steep slopes or wetlands shall be maintained in a naturally vegetated state.
(e)
Nothing in this section shall prevent the removal of dangerous or diseased vegetation.
9.3.4.6
Site Plan Approval
No development permit shall be issued for a residential use on a waterfront lot unless site plan approval
is obtained. A clear and accurate site plan showing the location and size of development on the property
shall be provided to the Development Officer for approval. The site plan shall accurately show the
following features:
(a)
Property boundary and all shorelines
(b)
Any watercourse, steep slopes or wetland
(c)
Driveway
(d)
Main building envelope
(e)
Any accessory buildings including a boathouse
(f)
Areas that may contain lawns or landscaping
(g)
Areas to be maintained as natural vegetation
(h)
Areas within the shoreline setback that may be partially cleared of some vegetation in
order to provide for a path and view of the lake, and
(i)
Key measurements showing the location of the above features on the property.
9.3.4.7
Additional Site Plan Requirements
Proposed development shown on any site plan shall conform with the requirements below.
(a)
Zone requirements contained in section 9.3.3;
(b)
Maximum building footprint requirements contained in section 9.3.4.1; and
(c)
Vegetation requirements contained in section 9.3.4.5.
9.3.4.8
Site Plan Exemptions
The following matters do not require site plan approval but all other requirements of this By-law shall
be met prior to the issuance of a development permit:
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.3-5
S1
(a) Repairs, renovations and additions to buildings and structures on the lot.
(b) The development of new accessory buildings.
(c) The replacement of a legally existing residential use.
(d) The addition of a residential unit to an existing building.
(Amended May 21, 2026, File P24-01).
9.3.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by Development
Agreement within the Lakeshore Residential (S1) Zone (Amended October 1, 2024, File P21-01) :
(a)
Proposals for visitor-oriented development not permitted as-of-right in accordance with policy
2.5.13 of the Municipal Planning Strategy;
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy; and
(c)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.3-6
S1
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.4-1
S2
9.4
LAKESHORE LIMITED DEVELOPMENT (S2) ZONE
9.4.1 Zone Purpose
The purpose of the Lakeshore Limited Development (S2) Zone is to provide for low density development,
including freshwater-related recreation, leisure activities, and habitation. Development is intended to
occur on larger lots with larger water frontages to reduce the need to clear large areas of the lakeshore
for development and to reduce the numbers of septic systems and the nutrients they release. Protection
of lake water quality in the Lakeshore Limited Development (S2) Zone is a priority and where there is a
conflict between residential and/or recreational uses with lake water quality, protection of lake water
quality shall take priority. This section is in accordance with policy 3.5.2 (b) of the Municipal Planning
Strategy.
9.4.2 Uses
9.4.2.1
Permitted Uses
The following uses shall be permitted in the Lakeshore Limited Development (S2) Zone subject to all
applicable requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
One Unit Dwellings
Section 9.4.4
Recreational Cabins
Section 9.4.4
Recreational Vehicles
Section 9.4.4
Two Unit Dwellings1
Section 9.4.4
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses
Boathouses
Must be associated with a lot located on
an island unless it is accessory to a
residential use
Forestry Uses
1.
Amended to add two unit dwellings, May 21, 2026, File P24-01
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.4-2
S2
9.4.3 Zone Requirements
The following requirements shall apply to all development located in the Lakeshore Limited Development
(S2) Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
3 acres
(b)
Minimum Lot Frontage:
400 ft.
(c)
Minimum Water Frontage for
Waterfront Lots:
400 ft.
(d)
Minimum Front/Flankage Setback:
(main and accessory buildings)
20 ft.
(e)
Minimum Side Setback:
(i)
Main Buildings
(ii)
Accessory Buildings
20 ft.
10 ft.
(f)
Minimum Shoreline Setback*:
(i)
Main Buildings
(ii)
Boathouses
(iii) Accessory Buildings1
65 ft.
4 ft.
65 ft.
(g)
Minimum Rear Setback*:
(i)
Main Buildings
(ii)
Accessory Buildings
20 ft.
10 ft.
(h)
Maximum Building Height:
(i)
Main Buildings
(ii)
Accessory Buildings
35 ft.
20 ft.
*Except in relation to boathouses, in cases where the minimum rear setback and minimum shoreline
setback conflict, the requirement that places buildings farther from the shoreline shall apply.
1. Amended to add "Accessory Buildings", October 1, 2024, File P21-01
9.4.4 Additional Requirements
The following additional requirements shall apply to all residential development in the Lakeshore Limited
Development (S2) Zone: (Amended October 1, 2024, File P21-01)
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.4-3
S2
9.4.4.1
Maximum Building Footprint
All buildings on the property shall be subject to a maximum combined building footprint. The maximum
combined building footprint shall be as follows:
Lot Size
Waterfront Lots
Back Lots
(a)
0 to 25,000 sq ft. in area
10 per cent of lot
area
20 per cent of lot
area
(b)
25,001 to 50,000 sq ft. in area
2,500 sq ft.
5,000 sq ft.
(c)
50,001 to 75,000 sq ft. in area
3,000 sq ft.
5,500 sq ft.
(d)
75,001 to 100,000 sq ft. in area
3,500 sq ft.
6,000 sq ft.
(e)
Larger than 100,000 sq ft. in area
4,000 sq ft.
6,500 sq ft.
9.4.4.2
Frontage on a Private Road
A development permit may be issued for residential, recreational cabin or recreational vehicle uses on
lots without frontage on a public road subject to the criteria below.
(a)
If the lot has the equivalent minimum lot frontage on a private road.
(b)
A residential use, recreational cabin or recreational vehicle shall be subject to the required
minimum front or flankage setback measured from the extent of the right-of-way.
9.4.4.3
Residential Uses
A maximum of two residential uses excluding two unit dwellings are permitted on a lot and may
include any combination of a one unit dwelling, recreational cabin, or recreational vehicle. A maximum
of one two unit dwelling is permitted on a lot. (Amended May 21, 2026, File P24-01)
9.4.4.4
Recreational Vehicles
A recreational vehicle shall be permitted as a main use on a lot subject to the conditions noted below.
(a) A development permit could be issued for a dwelling or recreational cabin on the lot.
(b) The recreational vehicle does not meet the definition of a derelict vehicle under the Act.
(c) The location of the recreational vehicle on the lot meets the setback requirements for a dwelling in
the zone.
(Amended May 21, 2026, File P24-01).
9.4.4.5
Vegetation
Any use of a waterfront lot shall adhere to the requirements noted below.
(a)
Vegetation within the shoreline setback shall remain undisturbed.
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.4-4
S2
(b)
Notwithstanding section 9.4.4.5(a) above, up to 35 per cent of the area within the required
shoreline setback may be cleared to permit passage to the lakeshore and a filtered view of the
lake.
(c)
The soil mantle within the required shoreline setback shall not be altered by cutting, filling, or
recontouring of the natural grades or otherwise, to every extent possible.
(d)
Any steep slopes or wetlands shall be maintained in a naturally vegetated state.
(e)
Nothing in this section shall prevent the removal of dangerous or diseased vegetation.
9.4.4.6
Site Plan Approval
No development permit shall be issued for a residential use on a waterfront lot unless site plan approval
is obtained. A clear and accurate site plan showing the location and size of development on the property
shall be provided to the Development Officer for approval. The scaled site plan shall accurately show
the following features:
(a)
Property boundary and all shorelines
(b)
Any watercourse, steep slopes or wetlands
(c)
Driveway
(d)
Main building envelope
(e)
Any accessory buildings including a boathouse
(f)
Areas that may contain lawns or landscaping
(g)
Areas to be maintained as natural vegetation
(h)
Areas within the shoreline setback that may be partially cleared of some vegetation in order to
provide for a path and view of the lake, and
(i)
Key measurements showing the location of the above features on the property.
9.4.4.7
Additional Site Plan Requirements
Proposed development shown on any site plan shall conform with the requirements below.
(a)
Zone requirements contained in section 9.4.3.
(b)
Maximum building footprint requirements contained in section 9.4.4.1.
(c)
Vegetation requirements contained in section 9.4.4.5.
9.4.4.8
Site Plan Exemptions
The following matters do not require site plan approval but all other requirements of this By-law shall
be met prior to the issuance of a development permit:
(a) Repairs, renovations and additions to buildings and structures on the lot.
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.4-5
S2
(b) The development of new accessory buildings.
(c) The replacement of a legally existing residential use.
(d) The addition of a second main residential use in an existing or new building.
(Amended May 21, 2026, File P24-01).
9.4.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by Development
Agreement within the Lakeshore Limited Development (S2) Zone (Amended October 1, 2024, File P21-01):
(a)
Proposals for visitor-oriented development not permitted as-of-right in accordance with policy
2.5.13 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
(c)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.4-6
S2
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.5-1
T1
9.5
TIDAL SHORELAND (T1) ZONE
9.5.1 Zone Purpose
The purpose of the Tidal Shoreland (T1) Zone is to provide opportunity for pockets of concentrated
residential development along the marine coast and institute controls intended to protect development
from coastal hazards, in accordance with policy 3.5.13 of the Municipal Planning Strategy.
9.5.2 Uses
9.5.2.1
Permitted Uses
The following uses shall be permitted in the Tidal Shoreland (T1) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
One Unit Dwellings
Section 9.5.41
Recreational Cabins
Section 9.5.41
Recreational Vehicles
Section 9.5.4
Semi-detached Dwellings
Section 9.5.41
Two Unit Dwellings
Section 9.5.41
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses
Community Facilities
Fishing Uses
Forestry Uses
Places of Worship
Tourist Commercial Uses
Section 14.3
1.
Amended special conditions related to residential uses, May 21, 2026, File P24-01
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.5-2
T1
9.5.3 Zone Requirements
The following requirements shall apply to all development located in the Tidal Shoreland (T1) Zone.
Requirement
One and Two
Unit
Dwellings
Semi-detached
Dwellings
All Other
Permitted
Uses
(a)
Minimum Lot Area:
(i)
Sewer Serviced
(ii)
On-site Sewer
10,000 sq ft.
30,000 sq ft.
5,000 sq ft./unit
30,000 sq ft./unit
10,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Sewer Serviced
(ii)
On-site Sewer
60 ft.
100 ft.
30 ft./unit
50 ft./unit
60 ft.
100 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
20 ft.
20 ft.
20 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii)
Common Wall
(iii)
Accessory Buildings
4 ft.
N/A
4 ft.
4 ft.
0 ft.
4 ft.
4 ft.
N/A
4 ft.
(e)
Minimum Marine Shoreline
Setback:
(i)
Main Buildings
(ii)
Accessory Buildings
(iii)
Boat Houses and Fishing
Uses
75 ft.
50 ft.
4 ft.
75 ft.
50 ft.
4 ft.
75 ft.
50 ft.
4 ft.
(f)
Minimum Rear Setback:
(i)
Main Buildings
(ii)
Accessory Buildings
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
g)
Maximum Building Height:
(i)
Main Buildings
(ii)
Accessory Buildings
35 ft.
20 ft.
35 ft.
20 ft.
35 ft.
20 ft.
9.5.4 Additional Requirements
9.5.4.1
Frontage on a Private Road
A development permit may be issued for residential, recreational cabin or recreational vehicle uses on
lots without frontage on a public road subject to the criteria below.
(a)
If the lot has the equivalent minimum lot frontage on a private road.
(b)
A residential use, recreational cabin or recreational vehicle shall be subject to the required
minimum front or flankage setback measured from the extent of the right-of-way.
9.5.4.2
Recreational Vehicles
A recreational vehicle shall be permitted as a use on a lot subject to the conditions noted below.
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.5-3
T1
(a) A development permit could be issued for a dwelling or recreational cabin on the lot.
(b) The recreational vehicle does not meet the definition of a derelict vehicle under the Act.
(c) The location of the recreational vehicle on the lot meets the setback requirements for a dwelling in
the zone.
(Amended May 21, 2026, File P24-01).
9.5.4.3 Residential Uses
A maximum of two residential uses except two-unit dwellings are permitted on a lot and may
include any combination of a one unit dwelling, recreational cabin, recreational vehicle or one unit of a
semi-detached dwelling. A maximum of one two unit dwelling is permitted on a lot. (Amended May 21,
2026, File P24-01).
9.5.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by Development
Agreement within the Tidal Shoreland (T1) Zone:
(a)
Proposals for visitor-oriented development not permitted as-of-right in accordance with policy
2.5.13 of the Municipal Planning Strategy;.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Proposals for a one unit dwelling on lots that cannot reasonably meet the zone requirements in
accordance with policy 3.5.18 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.5-4
T1
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.6-1
T2
9.6
TIDAL COMMERCIAL (T2) ZONE
9.6.1 Zone Purpose
The purpose of the Tidal Commercial (T2) Zone is to provide for residential uses as well as a limited
range of uses that provide services to the surrounding community and visitors, in accordance with
policy 3.5.16 of the Municipal Planning Strategy.
9.6.2 Uses
9.6.2.1
Permitted Uses
The following uses shall be permitted in the Tidal Commercial (T2) Zone subject to all applicable
requirements of this By-law, including in Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
One Unit Dwellings
Section 9.6.41
Recreational Cabins
Section 9.6.41
Recreational Vehicles
Section 9.6.4.2
Residential Units in Commercial Buildings
Located above, behind or below ground
floor commercial uses
Semi-detached Dwellings
Section 9.6.41
Two Unit Dwellings
Section 9.6.41
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Business Offices
Community Facilities
Day Care Facilities
Domestic Animal Grooming
Section 14.3
Educational Facilities
Emergency Services
Fish and Seafood Processing
Fishing Uses
Fixed Roof Overnight Accommodations
Up to 5 guest rooms within a single
building per lot
Goods and Services Shops
Medical and Dental Clinics
Personal Services Shops
Places of Worship
Restaurants
Retail Stores
Tourist Commercial Uses
Section 14.3
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.6-2
T2
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Veterinary Clinics
Section 14.3
Visitor Information Centres
1.
Amended special conditions related to residential uses, May 21, 2026, File P24-01
9.6.3 Zone Requirements
The following requirements shall apply to all development located in the Tidal Commercial (T2)
Zone.
Requirement
One and
Two Unit
Dwellings
Semi-detached
Dwellings
All Other
Permitted
Uses
(a)
Minimum Lot Area:
(i)
Sewer Serviced
(ii) On-site Sewer
10,000 sq ft.
30,000 sq ft.
5,000 sq ft./unit
30,000 sq ft./unit
10,000 sq ft.
30,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
Sewer Serviced
(ii)
On-site Sewer
60 ft.
100 ft.
30 ft./unit
50 ft./unit
60 ft.
100 ft.
(c)
Minimum Front/Flankage
Setback:
(main and accessory buildings)
20 ft.
20 ft.
20 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii) Common Wall
(iii) Accessory Buildings
4 ft.
N/A
4 ft.
4 ft.
0 ft.
4 ft.
4 ft.
N/A
4 ft.
(e)
Minimum Marine Shoreline
Setback:
(i)
Main Buildings
(ii)
Accessory Buildings
(iii) Boathouses and Fishing
Uses
75 ft.
50 ft.
4 ft
75 ft.
50 ft.
4 ft
75 ft.
50 ft.
4 ft
(f)
Minimum Rear Setback:
(i)
Main Buildings
(ii)
Accessory Buildings
20 ft.
4 ft.
20 ft.
4 ft.
20 ft.
4 ft.
(g)
Maximum Building Height:
(i)
Main Buildings
(ii)
Accessory Buildings
35 ft.
20 ft.
35 ft.
20 ft.
35 ft.
20 ft.
9.6.4 Additional Requirements
9.6.4.1
Frontage on a Private Road
A development permit may be issued for residential, recreational cabin or recreational vehicle uses
on lots without frontage on a public road subject to the criteria below
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.6-3
T2
(a)
If the lot has the equivalent minimum lot frontage on a private road.
(b)
A residential use, recreational cabin or recreational vehicle shall be subject to the required
minimum front or flankage setback measured from the extent of the right-of-way.
9.6.4.2
Recreational Vehicles
A recreational vehicle shall be permitted as a use on a lot subject to the conditions noted below.
(a) A development permit could be issued for a dwelling or recreational cabin on the lot.
(b) The recreational vehicle does not meet the definition of a derelict vehicle under the Act.
(c) The location of the recreational vehicle on the lot meets the setback requirements for a
dwelling in the zone.
(Amended May 21, 2026, File P24-01).
9.6.4.3 Residential Uses
A maximum of two residential uses except two-unit dwellings are permitted on a lot and may
include any combination of a one unit dwelling, recreational cabin, recreational vehicle or one unit
of a semi-detached dwelling. A maximum of one two unit dwelling is permitted on a
lot. (Amended May 21, 2026, File P24-01)
9.6.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Tidal Commercial (T2) Zone:
(a)
Proposals for visitor-oriented development not permitted as-of-right in accordance with
policy 2.5.13 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the
Commercial Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal
Planning Strategy.
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(ca)
Proposals for educational facilities that cannot meet zone requirements in accordance with
policy 2.5.17 of the Municipal Planning Strategy (Added October 1, 2024, File P21-01) .
(d)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 9: Shoreland Zones
9.6-4
T2
By-law #106 - Land Use By-law
Section 10: Resource Zones
10- 1
Section 10 - RESOURCE ZONES
10.1 Summary of Resource Zone Names and Symbols
Zone Name
Symbol
Resource
N1
Aggregate Related Industry
N2
10.2 Summary of Uses Permitted within Resource Zones
The following summarizes the main uses permitted in the Resource Zones subject to all the
requirements set out in this By-law. Please see the specific zone section for an exact list of permitted
uses and special conditions.
Land Use
N1
N2
RESIDENTIAL
Mobile Homes
N1
One Unit Dwellings
N1
Recreational Cabins
N1
Semi-detached Dwellings
N1
Two Unit Dwellings
N1
NON-RESIDENTIAL
Abattoirs
N1
Aggregate Related Industries
N2
Agricultural Related Industries
N1
Agricultural Uses
N1
Agritainment Uses
N1
Animal Boarding Facilities
N1
Bunkhouses
N1
Community Facilities
N1
Composting Facilities
N1
Farm Market Outlets
N1
Farm Tenements
N1
Fish and Seafood Processing
N1
Fish Farms
N1
Fishing Uses
N1
By-law #106 - Land Use By-law
Section 10: Resource Zones
10- 2
Land Use
N1
N2
Forest Industry Uses
N1
Forestry Uses
N1
Greenhouses
N1
Heavy Equipment Facilities
N1
Livestock Operations
N1
Places of Worship
N1
Tourist Commercial Uses
N1
Wildlife Rescue and Rehabilitation Centres
N1
By-law #106 - Land Use By-law
Section 10: Resource Zones
10.3-1
N1
10.3 RESOURCE (N1) ZONE
10.3.1 Zone Purpose
The purpose of the Resource (N1) Zone is to maintain large tracts of uninhabited forested land for
resource development, while limiting residential development to ensure there is sufficient space for
large resource-based industries to locate and expand in these areas, in accordance with policy 3.6.2
(a) of the Municipal Planning Strategy. Where there is conflict between resource uses and residential
uses in a Resource (N1) Zone, the resource use shall take priority.
10.3.2 Uses
10.3.2.1 Permitted Uses
The following uses shall be permitted in the Resource (N1) Zone subject to all applicable
requirements of this By-law, including Section 14 - General Regulations.
RESIDENTIAL USES
SPECIAL CONDITIONS
Mobile Homes
Maximum two residential units per lot in
one or two dwellings. 1
One Unit Dwellings
Recreational Cabins
Semi-detached Dwellings
Two Unit Dwellings
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Abattoirs
Agricultural Related Industries
Agricultural Uses
Agritainment Uses
Section 14.3
Animal Boarding Facilities
Section 14.3
Bunkhouses
Section 10.3.4
Community Facilities
Composting Facilities
Farm Market Outlets
Farm Tenements
Section 10.3.4
Fish and Seafood Processing
Fish Farms
Fishing Uses
Forest Industry Uses
Forestry Uses
Greenhouses
Heavy Equipment Facilities
By-law #106 - Land Use By-law
Section 10: Resource Zones
10.3-2
N1
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Livestock Operations
Section 14.3
Places of Worship
Tourist Commercial Uses
Section 14.3
Wildlife Rescue and Rehabilitation
Centres
1. Amended special conditions related to residential uses, May 21, 2026, File P24-01
10.3.3 Zone Requirements
The following requirements shall apply to all development located in the Resource (N1) Zone.
Requirement
Residential
Uses,
Community
Facilities and
Places of
Worship
Livestock
Operations &
Abattoirs
All Other
Permitted Uses
(a)
Minimum Lot Area:
(i)
General
30,000 sq ft.
200,000 sq ft.
50,000 sq ft.
(b)
Minimum Lot Frontage:
(i)
General
(ii)
Semi-detached Dwellings
100 ft.
50 ft./unit
20 ft.
N/A
100 ft.
N/A
(c)
Minimum Front/Flankage
Setback: (main and accessory
buildings)
40 ft.
40 ft.
40 ft.
(d)
Minimum Side Setback:
(i) Main Buildings
(ii) Accessory Buildings
(iii) Common Wall
20 ft.
10 ft.
0 ft.
100 ft.
40 ft.
N/A
40 ft.
20 ft.
N/A
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii)
Accessory Buildings
40 ft.
20 ft.
100 ft.
20 ft.
40 ft.
20 ft.
(f)
Maximum Building Height:
(i)
Main Buildings
(ii)
Accessory Buildings
35 ft.
20 ft.
55 ft.
20 ft.
55 ft.
20 ft.
10.3.4 Additional Requirements
10.3.4.1 Farm Tenements and Bunkhouses
Farm tenements and bunkhouses shall be permitted on a farm property subject to requirements below.
(a)
The farm tenement or bunkhouse shall not be the first main farm building on the lot.
By-law #106 - Land Use By-law
Section 10: Resource Zones
10.3-3
N1
(b)
The property owner shall demonstrate that the farm tenement or bunkhouse is part of a
farming business operating on the farm property where it is located.
(c)
At the time of application for a new farm tenement or bunkhouse, the gross revenue of the
applicant from the farming business exceeded the income from all other sources for the
preceding tax year.
10.3.4.2 Frontage on a Private Road
A development permit may be issued for a residential use on lots without frontage on a public road
subject to the criteria noted below.
(a)
If the lot has the equivalent minimum lot frontage on an existing private road.
(b)
A residential use shall be subject to the required minimum front or flankage setback measured
from the extent of the right-of-way. (Amended May 10, 2022, File 21-02)
10.3.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Resource (N1) Zone:
(a)
Proposals for visitor-oriented development not permitted as-of-right in accordance with policy
2.5.13 of the Municipal Planning Strategy.
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial
Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Uses compatible with the purpose of the Resource (N1) Zone that do not otherwise meet the
requirements of the zone in accordance with policy 3.6.9 of the Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 10: Resource Zones
10.3-4
N1
By-law #106 - Land Use By-law
Section 10: Resource Zones
10.4-1
N2
10.4 AGGREGATE RELATED INDUSTRY (N2) ZONE
10.4.1 Zone Purpose
The purpose of the Aggregate Related Industry (N2) Zone is to allow for aggregate-related
industries in areas where aggregate extraction is occurring under a permit granted by the
Province of Nova Scotia, in accordance with policy 3.6.2 (a) of the Municipal Planning Strategy.
10.4.2 Uses
10.4.2.1 Permitted Uses
The following uses shall be permitted in the Aggregate Related Industry (N2) Zone subject to all
applicable requirements of this By-law, including in Section 14 - General Regulations.
NON-RESIDENTIAL USES
Aggregate Related Industries
10.4.3 Zone Requirements
The following requirements shall apply to all development located in the Aggregate Related
Industry (N2) Zone.
Requirement
All Permitted Uses
(a)
Minimum Lot Area:
50,000 sq. ft.
(b)
Minimum Lot Frontage:
100 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
40 ft.
(d)
Minimum Side Setback:
(main and accessory buildings)
(i) Main Buildings
(ii) Abutting a Residential Zone
30 ft.
50 ft.
(e)
Minimum Rear Setback:
(main and accessory buildings)
(i) Main Buildings
(ii) Abutting a Residential Zone
40 ft.
50 ft.
(f)
Maximum Building Height:
(i) Main Buildings
(ii) Accessory Buildings
55 ft.
20 ft.
10.4.4 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Aggregate Related Industry (N2) Zone:
(a)
Proposals for visitor-oriented development not permitted as-of-right in accordance with
policy 2.5.13 of the Municipal Planning Strategy.
By-law #106 - Land Use By-law
Section 10: Resource Zones
10.4-2
N2
(b)
Proposals for high-impact recreation uses that are not permitted as-of-right in the
Commercial Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal
Planning Strategy.
(c)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(d)
Uses compatible with the purpose of the Aggregate Related Industry (N2) Zone that do
not otherwise meet the requirements of the zone in accordance with policy 3.6.9 of the
Municipal Planning Strategy.
(e)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 11: Commercial Recreation Zone
11-1
P1
Section 11 - COMMERCIAL RECREATION ZONE
11.1 Summary of Commercial Recreation Zone Names and Symbols
Zone Name
Symbol
Commercial Recreation
P1
11.2 Summary of Uses Permitted within the Commercial Recreation Zone
The following summarizes the main uses permitted in the Commercial Recreation Zone subject to all
the requirements set out in this By-law. Please see the specific zone section for an exact list of
permitted uses.
Land Use
P1
NON-RESIDENTIAL
Agricultural Uses
P1
Campgrounds
P1
Community Facilities
P1
Drive-in Theatres
P1
Fixed Roof Overnight Accommodation
P1
Forestry Uses
P1
Golf Courses and Driving Ranges
P1
Gun Ranges
P1
Indoor Recreation Uses
P1
Non-profit Camps
P1
Places of Worship
P1
By-law #106 - Land Use By-law
Section 11: Commercial Recreation Zone
11-2
By-law #106 - Land Use By-law
Section 11: Commercial Recreation Zone
11.3-1
P1
11.3 COMMERCIAL RECREATION (P1) ZONE
11.3.1 Zone Purpose
The purpose of the Commercial Recreation (P1) Zone is to allow the development and
expansion of commercial recreational facilities including but not limited to golf courses,
campgrounds, gun ranges or similar uses, in accordance with policy 2.7.11 of the Municipal
Planning Strategy.
11.3.2 Uses
11.3.2.1 Permitted Uses
The following uses shall be permitted in the Commercial Recreation (P1) Zone subject to all
applicable requirements of this By-law, including Section 14 - General Regulations.
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses
Campgrounds
Section 11.3.4.1
Community Facilities
Drive-in Theatres
Forestry Uses
Fixed Roof Overnight Accommodations
Golf Courses and Driving Ranges
Section 11.3.4.31
Gun Ranges
Indoor Recreation Uses
Non-profit Camps
Section 11.3.4.2
Places of Worship
1.
Added June 19, 2023, File 21-12
By-law #106 - Land Use By-law
Section 11: Commercial Recreation Zone
11.3-2
P1
11.3.3 Zone Requirements
The following requirements shall apply to all development located in the Commercial Recreation
(P1)Zone.
11.3.4 Additional Requirements
11.3.4.1 Campgrounds
Campgrounds shall be subject to requirements below:
(a)
A one unit dwelling shall be permitted as an accessory use for the residence of the owner
or operator of the campground.
(b)
All developments, including parking areas, camp sites, public gathering areas, loading
areas, and outdoor storage shall be set back 40 feet from side and rear lot boundaries.
(c)
Recreational cabins shall have a maximum building footprint of 500 square feet.
(d)
Campgrounds that existed on the date of adoption of this By-law and that do not meet
the above requirements shall be permitted provided any expansions do not further
encroach on the side or rear setbacks.
(e)
All new or expansions of existing campgrounds shall maintain a natural wooded area at
least 40 feet in width along all side and rear lot lines. If the 40 foot wide area is already
wooded, it shall be maintained as such. If the 40 foot wide area is cleared, then trees and
shrubs that would naturally spread in the area shall be grown.
Requirement
Campgrounds, Fixed
Roof Overnight
Accommodations &
Non-profit Camps
All Other Uses
(a)
Minimum Lot Area:
200,000 sq ft.
100,000 sq ft.
(b)
Minimum Lot Frontage:
200 ft.
200 ft.
(c)
Minimum Front/Flankage Setback:
(main and accessory buildings)
40 ft.
40 ft.
(d)
Minimum Side Setback:
(i)
Main Buildings
(ii) Accessory Buildings
40 ft.
40 ft.
40 ft.
20 ft.
(e)
Minimum Rear Setback:
(i)
Main Buildings
(ii) Accessory Buildings
40 ft.
40 ft.
40 ft.
20 ft.
(f)
Maximum Building Height:
(i)
Main Buildings
(ii) Accessory Buildings
45 ft.
20 ft.
45 ft.
20 ft.
By-law #106 - Land Use By-law
Section 11: Commercial Recreation Zone
11.3-3
P1
11.3.4.2 Non-profit Camps
Non-profit camps shall be subject to the requirements below.
(a)
A one-unit dwelling shall be permitted as an accessory use for the residence of the owner
or operator of the non-profit camp.
(b)
All developments, including main and accessory buildings, parking areas, camp sites,
public gathering areas, loading areas, and outdoor storage shall be set back 40 feet from
side and rear lot boundaries.
(c)
Accessory uses shall cater to overnight users of the non-profit camp lot and not the
general public.
(d)
Recreational cabins shall have a maximum building footprint of 500 square feet.
(e)
All new or expansions of existing non-profit camps shall maintain a natural wooded area
at least 40 feet in width along all side and rear lot lines. If the 40 foot wide area is already
wooded, it shall be maintained as such. If the 40 foot wide area is cleared, then trees and
shrubs that would naturally spread in the area shall be grown.
11.3.4.3 Golf Courses
Golf courses shall be subject to the requirements below:
(a)
A one-unit dwelling shall be permitted as an accessory use for the residence of the owner
or operator of the golf course within the Commercial Recreation (P1) Zone. (Amended June
19, 2023, File 21-12)
11.3.5 Uses Considered by Development Agreement
Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by
Development Agreement within the Commercial Recreation (P1) Zone:
(a)
Proposals for high impact recreation uses not permitted as-of-right within the
Commercial Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal
Planning Strategy.
(b)
Proposals for recreation uses that cannot meet the zone requirements of the Commercial
Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.
(c)
Uses considered by Development Agreement in all zones listed in section 14.7.
By-law #106 - Land Use By-law
Section 11: Commercial Recreation Zone
11.3-4
P1
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12-1
Section 12 - ENVIRONMENTAL CONSTRAINT ZONE AND OVERLAYS
12.1 Zone Names and Symbols
Zone Name
Symbol
Environmental Constraints Zone
O1
12.2
Overlay Names and Symbols
Overlay Name
Symbol
Environmentally Sensitive Area
ESA
Town Water Supply Overlay
TWS
Port Williams Urban Floodplain Overlay
UF1
Port Williams Urban Floodplain Warning Overlay
UF2
12.3 Summary of Uses Permitted within Environmental Constraints Zone
The following summarizes the primary uses permitted in the Environmental Constraints Zone subject to
all the requirements set out in this By-law. Please see the specific zone section for an exact list of
permitted uses and special conditions.
Note: The Overlays are not listed because the permitted uses are controlled by the underlying zoning
or restricted within the overlay.
Use
O1
NON-RESIDENTIAL
Agricultural Uses
O1
Fishing Uses
O1
Forestry Uses
O1
Remote-controlled Aircraft Fields - Existing
O1
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12-2
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12.4-1
12.4 ENVIRONMENTAL CONSTRAINTS (O1) ZONE
12.4.1 Zone Purpose
The purpose of the Environmental Constraints (O1) Zone is to restrict land uses and development in
areas that have been identified as having an increased risk of flooding, erosion, slope failure or other
unique features that cause them to be environmentally sensitive to development pressures, in
accordance with policy 2.4.1 of the Municipal Planning Strategy.
12.4.2 Uses
12.4.2.1 Permitted Uses with Special Conditions
The following uses shall be permitted in the Environmental Constraints (O1) Zone subject to all
applicable requirements of this By-law, including Section 14 - General Regulations and specific
additional requirements.
NON-RESIDENTIAL USES
SPECIAL CONDITIONS
Agricultural Uses
Remote-controlled Aircraft Fields - Existing
Fishing Uses
Forestry Uses
12.4.3 Zone Requirements
The following requirements shall apply to all development located in the Environmental Constraints
(O1) Zone.
Requirement
All Permitted Uses
(a)
Minimum Front/Flankage Setback:
(main and accessory buildings)
40 ft.
(b)
Minimum Side Setback:
(i)
Main Buildings
(ii)
Accessory Buildings
20 ft.
10 ft.
(c)
Minimum Rear Setback:
(i)
Main Buildings
(ii)
Accessory Buildings
40 ft.
20 ft.
(d)
Maximum Building Height:
(i)
Main Buildings
(ii)
Accessory Buildings
35 ft.
20 ft.
12.4.4 Additional Requirements
12.4.4.1 Requirements for all Development
All new buildings, additions, and associated parking, shall be prohibited with the exception of those
noted below. (Amended October 1, 2024, File P21-01)
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12.4-2
(a)
Residential accessory buildings with a maximum building footprint of 215 square feet.
(b)
Agricultural, forestry or fishing buildings with a maximum building footprint of 600 square feet.
(c)
Open air park and recreational buildings or structures with a maximum footprint of 215 square
feet.
(d)
Public utilities.
(e)
Additions to existing residential uses provided the addition does not extend beyond the
building footprint in existence on the date this By-law is adopted.
12.4.4.2 Alteration of Natural Grade
There shall be no alteration or change of the natural grade with the exception of minor surface re-
grading related to the cultivation of land, public park uses, or permitted development.
12.4.4.3 Engineer Review Requirements
All permitted development in the Environmental Constraint (O1) Zone shall:
(a)
be designed and constructed to address any unique environmental site conditions such as
erosion and slope failure, as designed by an engineer licensed to practice in Nova Scotia; and
(b)
implement adequate flood resistant building techniques where there is an increased risk of
flooding, as designed by an engineer licensed to practice in Nova Scotia.
12.4.4.4 Acknowledgement of Flood and Erosion Risks
The Environmental Constraints (O1) Zone identifies lands at risk of flooding and erosion based on the
best information available to the Municipality. The Municipality does not make any representations
about the accuracy of this information or provide any assurances that flooding and erosion risks will
not exceed these predictions or occur in other areas. Property owners are responsible for all risks
associated with development, the effectiveness of flood resistant measures, and the impacts of
development on neighbouring properties.
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12.5-1
12.5
ENVIRONMENTALLY SENSITIVE AREA (ESA) OVERLAY
12.5.1 Overlay Purpose
The Environmentally Sensitive Area (ESA) Overlay is applied to lands that were not previously located
within an Environmental Constraints (O1) Zone, but were identified as flood risk areas by the 2012
Applied Geomatics Research Group mapping. This Overlay also includes generalized areas with steep
slopes greater than 20 per cent around watercourses, ravines within Growth Centres and where
development could contribute to erosion, sedimentation and flooding issues. This Overlay is intended
to provide flexibility to recognize the pre-existing development patterns and the hardship of strict
limitations on property owners. This section is in accordance with policy 2.4.5 of the Municipal
Planning Strategy.
12.5.2 Application of Overlay
In addition to the underlying zone requirements, the requirements of the ESA Overlay shall apply to
all development.
12.5.3 Engineer Review Requirements
In accordance with policy 2.4.6 of the Municipal Planning Strategy, all new buildings and expansions
of building footprints in the ESA Overlay shall be subject to the requirements below.
(a)
New buildings and additions shall be designed and constructed to address any unique
environmental site conditions such as erosion and slope failure, as designed by an engineer
licensed to practice in Nova Scotia.
(b)
Implementation of adequate flood resistant techniques where there is an increased risk of
flooding, as designed by an engineer licensed to practice in Nova Scotia.
(c)
Notwithstanding Clause 12.5.3(b), above, accessory buildings with a maximum building
footprint of 215 square feet shall be exempt from engineer review requirements. (Amended
October 1, 2024, File P21-01)
12.5.4 Residential Units
Notwithstanding the provisions of the underlying zone, no new residential units located entirely
below grade shall be permitted in the Environmentally Sensitive Area (ESA) Overlay area identified for
reasons related to flooding. (Amended October 1, 2024, File P21-01) For clarity, residential units located
below established grade that existed on the date this By-law is adopted shall be permitted.
12.5.5 Acknowledgement of Risk
The Environmentally Sensitive Area (ESA) Overlay identifies lands at risk of flooding, erosion, slope
failure or at risk due to other unique features based on the best information available to the
Municipality. The Municipality does not make any representations about the accuracy of this
information or provide any assurances that the risk will not exceed these predictions or occur in other
areas. Property owners are responsible for all risks associated with development, including the
effectiveness of flood resistant measures, and the impacts of development on neighbouring
properties.
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12.5-2
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12.6-1
12.6
TOWN WATER SUPPLY OVERLAYS (TWS)
12.6.1 Overlay Purpose
The purpose of the Town Water Supply Overlay (TWS) is to limit development within public water
supply areas and thereby protect the surface water supply from contamination, in accordance with
policy 2.6.1 of the Municipal Planning Strategy.
12.6.2 Application of Overlays
All Town Water Supply Overlays are shown on the Land Use By-law Zoning Map. In addition to the
underlying zone requirements, the requirements of the Overlays shall apply to all development,
including accessory uses and home-based businesses, within the Town Water Supply Overlays. For
clarity, all accessory uses and home-based businesses shall be permitted within the Town Water Supply
Overlay unless otherwise prohibited by this By-law. (Amended October 1, 2024, File P21-01)
12.6.3 Permitted Uses
No development permit shall be issued on a lot subject to the Town Water Supply Overlay except
one or more of the following uses and subject to the requirements of the underlying zone and the
following additional requirements:
Agricultural Uses
Forestry Uses
Mobile Homes
One Unit Dwellings
Public Utilities
Residential Uses - Existing
In the case of conflict between the requirements of this Overlay and the underlying zone, the more
restrictive requirements shall prevail.
12.6.4 Agricultural and Forestry Uses
No agricultural or forestry use which may contribute to excessive flooding, erosion, contamination or
other detrimental consequences shall be permitted within 100 feet of a surface water supply or a
watercourse draining into the water supply.
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12.6-2
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12.7-2
12.7 PORT WILLIAMS URBAN FLOODPLAIN OVERLAY (UF1)
12.7.1 Purpose
The purpose of the Port Williams Urban Floodplain Overlay is to delineate lands located below the
height of nearby dykes, in accordance with policy 4.5.6 of the Municipal Planning Strategy.
12.7.2 Requirements
In addition to the requirements of the underlying zoning, the Urban Floodplain Overlay shall require
the following:
(a)
New buildings and additions shall be designed and constructed for flood resistance to a storm
surge height of 28.2 feet above mean sea level, the approximate height of nearby dyke. These
requirements, however are waived for the items noted below.
(i)
Vertical additions that do not expand the building footprint.
(ii)
Accessory structures with a maximum building footprint of 150 square feet.
(iii)
Additions to buildings that existed on October 14, 2010. The addition, however, shall
not extend beyond the property boundary that existed on October 14, 2010. The grade
of the ground floor must be no lower than the ground floor of the existing building.
Basements shall not be permitted.
Prior to any development taking place, regardless of the scale, the property owner shall provide
written acknowledgement indicating that the development is located within an area identified as
being vulnerable to the predicted worst case storm surge and sea level rise scenario of 34 feet above
mean sea level, representing the estimated extent of the 1869 Saxby Gale plus an estimated sea level
rise of 25 inches.
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12.7-2
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12.8-1
12.8 PORT WILLIAMS URBAN FLOODPLAIN WARNING (UF2) OVERLAY
12.8.1 Purpose
The purpose of the Port Williams Urban Floodplain Warning (UF2) Overlay is to delineate land
having an elevation between the height of nearby dykes and the estimated level of the 1869
Saxby Gale, in accordance with policy 4.5.9 of the Municipal Planning Strategy.
12.8.2 Requirements
Prior to any development taking place, regardless of the scale, the property owner shall provide
written acknowledgement indicating that the development is located within an area identified as
being vulnerable to the predicted worst case storm surge and sea level rise scenario of 34 feet
above mean sea level, representing the estimated extent of the 1869 Saxby Gale plus an
estimated sea level rise of 25 inches.
By-law #106 - Land Use By-law
Section 12: Environmental Constraint Zones and Overlays
12.8-2
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.3-1
Section 13 - WELLFIELD PROTECTION OVERLAYS
13.1
Summary of Wellfield Protection Overlay Names and Symbols
Overlay Name
Symbols
Aylesford Wellfield Protection Overlay
AW
Berwick Wellfield Protection Overlay
BW
Canning Wellfield Protection Overlays
CW - A, B, & C
Greenwood Wellfield Protection Overlays
GW - A, B, C, & D
Kentville Wellfield Protection Overlays
KW - A, B, C, & D
New Minas Wellfield Protection Overlays
NW - A, B, C, & D
Port Williams Wellfield Protection Overlays
PW - A, B, & C
Wolfville Wellfield Protection Overlays
WW - WZ, A, B, & C1
1. (Amended April 17, 2026, file P23-01)
13.2
Requirements for all Wellfield Overlays
13.2.1 Application of Overlays
All Wellfield Protection Overlays are shown on the Land Use By-law Zoning Maps. In addition to the
underlying zone requirements, the requirements of the Wellfield Protection Overlays shall apply to all
development, including accessory uses and home-based businesses. In the case of conflict between
the zone requirements and the Wellfield Protection Overlay requirements, the more restrictive
requirements shall prevail.
13.2.2 Non-Conforming Uses within Wellfields
(a)
Uses that legally existed prior to the adoption of wellfield provisions but are now prohibited by
the wellfield regulations shall be considered non-conforming uses and shall be subject to the
requirements of section 14.3.8 of this By-law.
(b)
Notwithstanding section 13.2.2 (a) above and section 14.3.8, the expansion or redevelopment
of a non-conforming use within any wellfield protection overlay, or a change in use to a less
impactful use shall be permitted by development agreement, subject to the requirements of
policies 2.6.8 and 2.6.16 of the Municipal Planning Strategy.
13.2.3 Bulk Storage
(a)
Limits on bulk storage volumes or weight shall apply to the total weight or volume of that
category of material on one lot. For example, a lot containing a 500 litre container of diesel and
a 500 litre container of gasoline is considered to contain 1,000 litres of bulk petroleum fuel and
would not be permitted in Kentville Wellfield Protection Overlay B (maximum 909 litres).
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.3-2
(b)
Where a lot straddles the boundary between multiple wellfields or a wellfield and a non-
wellfield, the area of land within each wellfield shall be considered an individual lot for the
purposes of determining the maximum permitted volume or weight of bulk storage. For
example, if a lot is bisected by Port Williams Wellfield Protection Overlays B and C, the lot
could contain 1,000 kilograms of salt on the area within Overlay B and a further 100,000
kilograms of salt on the area within Overlay C.
13.3
AYLESFORD WELLFIELD PROTECTION OVERLAY
13.3.1 Aylesford Wellfield Protection Overlay
In accordance with policy 2.6.7 of the Municipal Planning Strategy, properties within the Aylesford
Wellfield Protection Overlay shall not be permitted to rezone to an Industrial Zone.
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.4-1
13.4
BERWICK WELLFIELD PROTECTION OVERLAY
13.4.1 Berwick Wellfield Protection Overlay
Notwithstanding any other provisions contained in this By-law, the following uses shall be prohibited
from locating within the Berwick Wellfield Protection Overlay:
Automotive Repair subject to the requirements of section 13.4.2
Automotive Salvage Yards
Bulk Storage of Petroleum Fuel, excluding Gasoline or Service Stations
Bulk Storage of Salt
Bulk Storage, Processing, or Production of Fertilizer
Commercial Storage of Petroleum Solvents
Dry Cleaning Facilities
Gas Bars subject to the requirements of section 13.4.2
13.4.2 Uses Considered by Development Agreement
Notwithstanding any other provisions contained in this By-law, where permitted by the underlying
zoning, the following uses shall only be permitted in the Berwick Wellfield Protection Overlay by
development agreement, subject to policies 2.6.9 and 2.6.16 of the Municipal Planning Strategy:
All permitted uses within the Rural Industrial (M3) Zone
Automotive Repair
Gas Bars
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.4-2
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.5-1
13.5 CANNING WELLFIELD PROTECTION OVERLAYS
13.5.1 Canning Wellfield Protection Overlay A
Notwithstanding any other provisions contained in this By-law a development permit shall not be
issued within the Canning Wellfield Protection Overlay A except for one or more of the following
uses:
One Unit Dwelling
Public Water Utilities
13.5.2 Canning Wellfield Protection Overlays B & C
Notwithstanding any other provisions contained in this By-law, the following restrictions shall apply
to development of lands located within the Canning Wellfield Protection Overlays B and C.
Land Use
Wellfield Protection
Canning Overlay B
Canning Overlay C
Abattoirs
Not Permitted
Not Permitted
Aggregate Related Industries
Not Permitted
Not Permitted
Agricultural Equipment, Parts, Sales
and Service
Not Permitted
Not Permitted
Agricultural Related Industries
Not Permitted
Not Permitted
Animal Boarding Facilities
Not Permitted
Permitted
Automotive repair
Not Permitted
Not Permitted
Bulk Storage of Chlorinated Organic
Compounds
> 91 litres
Not Permitted
> 909 litres
Not Permitted
Bulk Storage of Fertilizers
Not Permitted
Not Permitted
Bulk Storage of Pesticides and
Herbicides
> 45 litres
Not Permitted
> 909 litres
Not Permitted
Bulk Storage of Petroleum Fuels,
Excluding Propane
Not Permitted
> 45,460 litres
Not Permitted
Bulk Storage of Petroleum Solvents
> 45 litres
Not Permitted
> 909 litres
Not Permitted
Bulk Storage of Propane
Permitted
Permitted
Bulk Storage of Salt
> 1,000 kg
Not Permitted
> 100,000 kg
Not Permitted
Composting Facilities
Not Permitted
Not Permitted
Crematoria
Not Permitted
Not Permitted
Dry Cleaning Facilities
Not Permitted
Not Permitted
Fish and Seafood Processing
Not Permitted
Not Permitted
Fish Farms
Not Permitted
Not Permitted
Forest Industry Uses
Not Permitted
Not Permitted
Gas Bars
Not Permitted
Not Permitted
Greenhouses
Not Permitted
Not Permitted
Heavy Equipment Facilities
Not Permitted
Not Permitted
Livestock Operations
Not Permitted
Not Permitted
Manufacturing
Not Permitted
Not Permitted
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.5-2
Land Use
Wellfield Protection
Canning Overlay B
Canning Overlay C
Manure Storage Facilities
Not Permitted
Not Permitted
Salvage or Scrap Operations
Not Permitted
Not Permitted
Sanitary Service
Not Permitted
Not Permitted
Self Storage
Permitted
Permitted
Transportation Services
Not Permitted
Not Permitted
Waste Transfer Stations
Not Permitted
Not Permitted
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.6-1
13.6
GREENWOOD WELLFIELD PROTECTION OVERLAYS
13.6.1 Greenwood Wellfield Protection Overlay A
Notwithstanding any other provisions contained in this By-law, a development permit shall not be
issued within the Greenwood Wellfield Protection Overlay A except for one or more of the following
uses:
Public Water Utilities
13.6.2 Greenwood Wellfield Protection Overlays B, C, and D
Notwithstanding any other provisions contained in this By-law, the following restrictions shall apply
to development of lands located within the Greenwood Wellfield Protection Overlays B, C, and D.
Land Use
Wellfield Protection
Greenwood Overlay
B
Greenwood Overlay
C
Greenwood
Overlay D
Abattoir
Not Permitted
Not Permitted
Development
Agreement
Aggregate Related
Industries
Not Permitted
Not Permitted
Not Permitted
Agricultural Related
Industries
Not Permitted
Not Permitted
Permitted
Automotive repair
Development
Agreement
Development
Agreement
Development
Agreement
Bulk Storage of
Chlorinated Organic
Compounds or Solvents
> 909 litres
Not Permitted
> 909 litres
Not Permitted
> 909 litres
Not Permitted
Bulk Storage of Fertilizer
> 908 kg
Not Permitted
Permitted
Permitted
Bulk Storage of Manure
> 908 kg
Not Permitted
Permitted
Permitted
Bulk Storage of
Pesticides and Herbicides
> 900 litres
Not Permitted
> 900 litres
Not Permitted
> 900 litres
Not Permitted
Bulk Storage of
Petroleum Fuel,
Excluding Propane
> 45,000 litres
Not Permitted
> 45,000 litres
Not Permitted
> 45,000 litres
Not Permitted
Bulk Storage of
Petroleum Solvents
> 45,000 litres
Not Permitted
> 45,000 litres
Not Permitted
> 45,000 litres
Not Permitted
Bulk Storage of Propane
Permitted
Permitted
Permitted
Bulk Storage of Salt
> 908 kg
Not Permitted
> 90,800 kg
Not Permitted
> 90,800 kg
Not Permitted
Carwash Facilities
Development
Agreement
Permitted
Permitted
Cemeteries
Not Permitted
Not Permitted
Permitted
Composting Facilities
Not Permitted
Not Permitted
Permitted
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.6-2
Land Use
Wellfield Protection
Greenwood Overlay
B
Greenwood Overlay
C
Greenwood
Overlay D
Dry Cleaning Facilities
Not Permitted
Not Permitted
Not Permitted
Fish Farms
Not Permitted
Not Permitted
Development
Agreement
Gas Bars
Not Permitted
Not Permitted
Not Permitted
Greenhouses
Development
Agreement
Permitted
Permitted
Heavy Equipment
Facilities
Not Permitted
Not Permitted
Not Permitted
Household Item Repair
Services
Development
Agreement
Permitted
Permitted
Livestock Operations
developed after
November 1, 2011
Not Permitted
Not Permitted
Development
Agreement
Livestock Operations
existing on November 1,
2011
Permitted
Permitted
Permitted
Manufacturing
Development
Agreement
Permitted
Permitted
Salvage or Scrap
Operations
Not Permitted
Not Permitted
Not Permitted
Sanitary Service
Not Permitted
Not Permitted
Development
Agreement
Soil Mixing
Not Permitted
Permitted
Permitted
Transportation Services
Development
Agreement
Permitted
Permitted
Waste Transfer Stations
Not Permitted
Permitted
Permitted
13.6.3 Uses Considered by Development Agreement
(a)
The uses listed in section 13.6.2 that are permitted by development agreement within Zone B
of the Greenwood Wellfield Protection Overlay shall be permitted in accordance with policies
2.6.10 and 2.6.16 of the Municipal Planning Strategy:
(a)
The uses listed in section 13.6.2 that are permitted by development agreement within Zone C
of the Greenwood Wellfield Protection Overlay shall be permitted in accordance with policies
2.6.11 and 2.6.16 of the Municipal Planning Strategy:
(c)
The uses listed in section 13.6.2 that are permitted by development agreement within Zone D
of the Greenwood Wellfield Protection Overlay shall be permitted in accordance with policies
2.6.12 and 2.6.16 of the Municipal Planning Strategy:
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.7-1
13.7
KENTVILLE WELLFIELD PROTECTION OVERLAYS
13.7.1 Kentville Wellfield Protection Overlay A
Notwithstanding any other provisions contained in this By-law, a development permit shall not be
issued within the Kentville Wellfield Protection Overlay A except for one or more of the following
uses:
Existing Residential Uses
Parks
Public Water Utilities
13.7.2 Kentville Wellfield Protection Overlays B, C, and D
Notwithstanding any other provisions contained in this By-law, the following restrictions shall apply
to development of lands located within the Kentville Wellfield Protection Overlays B, C, and D.
Land Use
Wellfield Protection
Kentville Overlay
B
Kentville Overlay
C
Kentville Overlay
D
Abattoirs
Not Permitted
Not Permitted
Not Permitted
Aggregate Related Industries
Not Permitted
Not Permitted
Not Permitted
Agricultural Equipment and
Parts, Sales, and Service
Not Permitted
Not Permitted
Not Permitted
Agricultural Uses
Not Permitted
Permitted
Permitted
Automotive
Painting/Auto
body
Not Permitted
Not Permitted
Not Permitted
Automotive repair
Permitted
Permitted
Permitted
Bulk Storage of Chlorinated
Solvents
> 23 litres
Not Permitted
> 91 litres
Not Permitted
> 455 litres
Not Permitted
Bulk Storage of Fertilizers
> 100 kg
Not Permitted
> 2,000 kg
Not Permitted
Permitted
Bulk Storage of Pesticides and
Herbicides
Not Permitted
Not Permitted
> 455 litres
Not Permitted
Bulk Storage of Petroleum
Solvents
> 23 litres
Not Permitted
> 91 litres
Not Permitted
> 909 litres
Not Permitted
Bulk Storage of Petroleum,
Excluding Propane
> 909 litres
Not Permitted
> 10,000 litres
Not Permitted
> 45,460 litres
Not Permitted
Bulk Storage of Propane
Permitted
Permitted
Permitted
Bulk Storage of Salt
Not Permitted
> 10,000 kg
Not Permitted
> 100,000 kg
Not Permitted
Campgrounds
Not Permitted
Permitted
Permitted
Car Wash Facilities
Not Permitted
Permitted
Permitted
Cemeteries
Not Permitted
Permitted
Permitted
Dry Cleaning Facilities
Not Permitted
Not Permitted
Not Permitted
Forestry Uses
Not Permitted
Not Permitted
Not Permitted
Gas Bars
Not Permitted
Not Permitted
Not Permitted
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.7-2
Land Use
Wellfield Protection
Kentville Overlay
B
Kentville Overlay
C
Kentville Overlay
D
Golf Courses and Driving
Ranges
Not Permitted
Permitted
Permitted
Greenhouses
Not Permitted
Not Permitted
Permitted
Heavy Equipment Facilities
Not Permitted
Permitted
Permitted
Manufacturing
Not Permitted
Permitted
Permitted
Storefront Recycling
Not Permitted
Permitted
Permitted
Salvage or Scrap Operations
Not Permitted
Not Permitted
Not Permitted
Sanitary Services
Not Permitted
Not Permitted
Not Permitted
Transportation Services
Not Permitted
Permitted
Permitted
Warehousing
Not Permitted
Permitted
Permitted
Waste Transfer Stations
Not Permitted
Permitted
Permitted
Zoos
Not Permitted
Permitted
Permitted
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.8-1
13.8
NEW MINAS WELLFIELD PROTECTION OVERLAYS
13.8.1 New Minas Wellfield Protection Overlay A
Notwithstanding any other provisions contained in this By-law, a development permit shall not be
issued within the New Minas Wellfield Protection Overlay A except for one or more of the following
uses:
Public Water Utilities
13.8.2 New Minas Wellfield Protection Overlays B, C, and D
Notwithstanding any other provisions contained in this By-law, the following restrictions shall apply
to development of lands located within the New Minas Wellfield Protection Overlays B, C, and D.
Land Use
Wellfield Protection
New Minas Overlay
B
New Minas Overlay
C
New Minas Overlay
D
Agricultural
Equipment, Parts,
Sales, and Service
Not Permitted
Not Permitted
Permitted
Automotive repair
Not Permitted
Not Permitted
Permitted
Automotive sales and
Rental
Not Permitted
Permitted
Permitted
Bulk Storage of
Fertilizers, pesticides
and herbicides
Not Permitted
Not Permitted
Not Permitted
Bulk Storage of
Petroleum Fuels,
Excluding Propane
Not Permitted
Not Permitted
Not Permitted
Bulk Storage of Salt
Not Permitted
Not Permitted
Not Permitted
Carwash Facilities
Development
Agreement
Development
Agreement
Permitted
Cemeteries
Not Permitted
Not Permitted
Not Permitted
Dry Cleaning Facilities
Not Permitted
Not Permitted
Permitted
Existing hatchery
located at 9565
Commercial St.
Not Permitted
Not Permitted
Not Permitted
Food
and
Drink
Production
Development
Agreement
Permitted
Permitted
Forestry Uses
Not Permitted
Not Permitted
Permitted
Gas Bars
Not Permitted
Not Permitted
Permitted
Golf Courses and
Driving Ranges
Development
Agreement
Development
Agreement
Development
Agreement
Garden
centre
accessory to a main
commercial use
Not Permitted
Development
Agreement
Development
Agreement
Greenhouses or
garden centres
Not Permitted
Development
Agreement
Development
Agreement
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.8-2
Land Use
Wellfield Protection
New Minas Overlay
B
New Minas Overlay
C
New Minas Overlay
D
Heavy Equipment
Facilities
Not Permitted
Not Permitted
Permitted
Lawn Care and
Landscaping
Development
Agreement
Development
Agreement
Permitted
Livestock Operations
Not Permitted
Not Permitted
Not Permitted
Manufacturing*
Development
Agreement
Permitted
Permitted
Organic Soil Mixing
Operations
Not Permitted
Not Permitted
Not Permitted
Professional
Trades
involving
painting,
acrylic/fibreglass
and
such similar processes
Not Permitted
Not Permitted
Permitted
Salvage or Scrap
Operations
Not Permitted
Not Permitted
Not Permitted
Sanitary Services
Not Permitted
Not Permitted
Not Permitted
Transportation
Services
Not Permitted
Not Permitted
Permitted
Uses permitted in the
Heavy Industrial (M2)
Zone excluding uses
permitted in the Light
Industrial Commercial
(M1) Zone
Not Permitted
Not Permitted
Not Permitted
Warehouses and
storage/cold storage
Development
Agreement
Development
Agreement
Development
Agreement
1. Amended to add "Manufacturing" and remove "Multi-unit Residential Development" and
"Residential dwellings over 1 residential unit", May 2, 2023, New Minas Secondary Plan
13.8.3 Uses Considered by Development Agreement
(a)
The uses listed in section 13.8.2 as being permitted by development agreement within Zone B
of the New Minas Wellfield Protection Overlay shall be permitted in accordance with policies
2.6.13 and 2.6.16 of the Municipal Planning Strategy:
(b)
The uses listed in section 13.8.2 that are permitted within Zone C of the New Minas Wellfield
Protection Overlay by development agreement shall be permitted in accordance with policies
2.6.14 and 2.6.16 of the Municipal Planning Strategy:
(c)
The uses listed in section 13.8.2 that are permitted by development agreement within Zone D
of the New Minas Wellfield Protection Overlay shall be permitted in accordance with policies
2.6.15 and 2.6.16 of the Municipal Planning Strategy:
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.9-1
13.9
PORT WILLIAMS WELLFIELD PROTECTION OVERLAYS
13.9.1 Port Williams Wellfield Protection Overlay A
Notwithstanding any other provisions contained in this By-law, a development permit shall not
be issued within the Port Williams Wellfield Protection Overlay A except for one or more of the
following uses:
One Unit Dwellings
Public Water Utilities
13.9.2 Port Williams Wellfield Protection Overlays B and C
Notwithstanding any other provisions contained in this By-law, the following restrictions shall
apply to development of lands located within the Port Williams Wellfield Protection Overlays B
and C.
Land Use
Wellfield Protection
Port Williams Overlay
B
Port Williams
Overlay C
Abattoir
Not Permitted
Not Permitted
Aggregate Related Industries
Not Permitted
Not Permitted
Agricultural Equipment Parts, Sales,
and Service
Not Permitted
Permitted
Agricultural Related Industries,
Excluding Fruit and Vegetable
Processing
Not Permitted
Permitted
Agriculture Related Industry - Fertilizer
Mixing and Production
Not Permitted
Not Permitted
Automotive repair
Not Permitted
Permitted
Bulk Storage of Chlorinated Organic
Compounds
Not Permitted
Greater than 909 litres
Not Permitted
Bulk Storage of Pesticides and
Herbicides
Not Permitted
greater than 909 litres
Not Permitted
Bulk Storage of Petroleum Fuels,
Excluding Propane
Not Permitted
Greater than 45,460
litres
Not Permitted
Bulk Storage of Petroleum Solvents
Not Permitted
Greater than 909 litres
Not Permitted
Bulk Storage of Propane
Permitted
Permitted
Bulk Storage of Salt
> 1,000 kg
Not Permitted
Greater than 100,000
kg
Not Permitted
Bulk Storage of Fertilizers and Manure
> 1,000 kg
Not Permitted
Permitted
Cemeteries
Not Permitted
Not Permitted
Composting Facilities
Not Permitted
Permitted
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Section 13: Wellfield Protection Overlays
13.9-2
Land Use
Wellfield Protection
Port Williams Overlay
B
Port Williams
Overlay C
Crematoria
Not Permitted
Permitted
Dry Cleaning Facilities
Not Permitted
Not Permitted
Fish and Seafood Processing
Not Permitted
Permitted
Fruit and Vegetable Processing
Not Permitted
Permitted
Gas Bars
Not Permitted
Not Permitted
Heavy Equipment Facilities
Not Permitted
Permitted
Manufacturing
Not Permitted
Permitted
Sanitary Service
Not Permitted
Not Permitted
Salvage or Scrap Operations
Not Permitted
Not Permitted
Transportation Services
Not Permitted
Permitted
Warehousing
Not Permitted
Permitted
Waste Transfer Stations
Not Permitted
Not Permitted
By-law #106 - Land Use By-law
Section 13: Wellfield Protection Overlays
13.9-3
13.10 WOLFVILLE WELLFIELD PROTECTION OVERLAYS
13.10.1 Wolfville Wellfield Protection Overlay - Wellhead Zone
Notwithstanding any other provisions contained in this By-law, a development permit shall not
be issued within the Wolfville Wellfield Protection Overlay Wellhead Zone (WZ) except for one
or more of the following uses:
Existing resident units
Public parkland
Public Utilities
(Added April 17, 2026, file P23-01)
13.10.2 Wolfville Wellfield Protection Overlays A, B and C
Notwithstanding any other provisions contained in this By-law, the following restrictions shall
apply to development of lands located within the Wolfville Wellfield Protection Overlays A, B
and C.
Land Use
Wellfield Protection
Wolfville Overlay A
and B
Wolfville Overlay C
Automotive Painting/Auto Body
Not Permitted
Not Permitted
Automotive Repair
Not Permitted
Not Permitted
Bulk Chemical Storage
Not Permitted
Permitted
Bulk Storage of Salt
Not Permitted
> 100 tonnes
Not Permitted
Bulk Storage of Chlorinated Solvents
Not Permitted
Not Permitted
Bulk Storage of Fertilizer
Not Permitted
Permitted
Bulk Storage of Pesticides and
Herbicides
Not Permitted
Not Permitted
Bulk Storage of Petroleum Fuels
Not Permitted
Not Permitted
Bulk Storage of Petroleum Solvents
Not Permitted
Not Permitted
Dry Cleaning Facilities
Not Permitted
Not Permitted
Garden Centres
Not Permitted
Permitted
Gas Bars
Not Permitted
Not Permitted
Manure Storage Facilities
Not Permitted
Permitted
Salvage or Scrap Operations
Not Permitted
Not Permitted
(Added April 17, 2026, file P23-01)
By-law #106 - Land Use By-law
Part 3 - Development Regulations
Part 3 DEVELOPMENT
REGULATIONS
Section 14
GENERAL REGULATIONS
Section 15
ALTERNATIVE ENERGY
GENERATION REGULATIONS
By-law #106 - Land Use By-law
Part 3 - Development Regulations
By-law #106 - Land Use By-law
Section 14: General Regulations
14.1-1
Section 14 - GENERAL REGULATIONS
14.1
WATERCOURSE PROTECTION
(a)
All permitted structures in all zones shall have a separation distance of at least 50 feet from
the edge of the bank of any watercourse, in accordance with policies 2.4.8 and 2.4.9 of the
Municipal Planning Strategy. (Amended October 1, 2024, File P21-01)
(b)
Notwithstanding clause (a) above, the watercourse separation distance shall be reduced to
30 feet along the north side of the Cornwallis River between Terry's Creek and the Port
Williams Sewer Lagoon Road and south of Kars Street and Belcher Street.
(c)
Notwithstanding clause (a) above, livestock operation buildings or manure storage facilities
shall have a separation distance of at least 100 feet from the edge of the bank of any
watercourse.
(d)
Clauses (a), (b) and (c), above, shall not apply to an approved public drainage system.
(e)
Lands covered by watercourses shall be subject to the requirements of the Environmental
Constraints (O1) Zone.
(f)
Clauses (a) and (b) above shall not apply to accessory commercial patio areas. (Amended
November 4, 2025, File 25-01)
By-law #106 - Land Use By-law
Section 14: General Regulations
14.1-2
By-law #106 - Land Use By-law
Section 14: General Regulations
14.2-1
14.2
LOT AND DEVELOPMENT STANDARDS
14.2.1
Driveway Access
Vehicular access from a public road shall be provided through driveway access approved by the
appropriate road authority in accordance with policies 3.0.6 and 3.0.7 of the Municipal Planning
Strategy. Unless otherwise required by the road authority, the following requirements shall be met:
(a) Driveway access to any building or use located in a Commercial Zone, Industrial Zone, or a
Commercial Recreation Zone shall not be through any Residential Zone.
(aa) Outside Growth Centres, driveway access through multiple zones shall only be permitted if the
use is a listed permitted use in all zones applied to the property. (Added October 1, 2024, File P21-
01)
(b) A driveway access permit is required from the applicable road authority when there is a change
of use on the property or the development of any additional main buildings.
(c) A maximum of two (2) accesses to any lot from any public road shall be permitted.
(d) A minimum 50 foot separation distance consisting of a curb, barrier, or ditch designed to prevent
vehicular access shall be maintained between accesses.
(e) Accesses are limited to a maximum width of 36 feet unless it is demonstrated that a wider access
is required to address concerns related to safety.
14.2.2
Frontage on a Road
Except where otherwise permitted in a zone, a development permit shall only be issued if the lot
intended for development has frontage on a public road. Notwithstanding the foregoing, a
development permit may be issued for buildings or structures associated with an agricultural, forestry
use or fishing use, including a livestock operation, that are located on an existing lot that does not
have frontage on a public road provided such use does not include a residential use.
14.2.3
Height Restrictions
The maximum height of buildings or structures as provided in a particular zone in this By-law is in
accordance with policy 3.0.8 of the Municipal Planning Strategy and shall not apply to structures or
building elements such as church spires, water tanks, elevator enclosures, silos, flagpoles, television
or radio antennae, ventilators, skylights, chimneys, or clock towers, unless otherwise indicated.
14.2.4
Fences
(a) Within all zones, fences up to a maximum of six (6) feet in height shall be permitted to be erected
and a development permit shall not be required.
(b) Where any Industrial Zone abuts any Residential Zone an opaque fence that is a minimum of six
(6) feet in height shall be maintained between any use and the lot line that abuts any Residential
Zone. This fencing requirement may be waived if existing vegetation provides a visual screen
that is similar to or more effective than an opaque fence.
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Section 14: General Regulations
14.2-2
(c) Notwithstanding subsection (a), within all Commercial zones, Industrial zones, Institutional
zones, Agricultural zones and Resource zones, fences up to a maximum of 15 feet in height shall
be permitted to be erected provided the fence is accessory to a permitted non-residential use
and a development permit shall not be required.
(d) The height of a fence shall be measured from the established grade to the top of the highest
point, excluding any support posts.
14.2.5
Existing Undersized Lots
(a) Any lot in existence prior to May 5, 1992, or any lot that has received Municipal subdivision
approval between May 5, 1992 and the date of the adoption of this By-law, that has less than
the minimum frontage or area or both required by this By-law, may be used for a purpose
permitted in the zone in which the lot is located and a development permit may be issued
provided all other applicable provisions in this By-law are met.
(b) Subsection (a) shall not apply to lots in the Agricultural (A1) Zone developed for the purposes of
a non-farm dwelling unless the separation distance requirements related to residential
development of section 8.3.4.1 are met.
(c) In addition to (a), above, where such lots are increased in size but remain undersized, they
continue to be deemed existing undersized lots.
14.2.6
Newly Created Undersized Lots
Where a lot is approved under section 279 of the Act, a development permit shall be issued provided
the development complies with all other provisions of this By-law, and is in accordance with policy
3.0.18 of the Municipal Planning Strategy.
14.2.7
Permitted Encroachments
Unless otherwise indicated in a particular zone and in accordance with policy 3.0.15 of the Municipal
Planning Strategy, every part of any setback required by this By-law shall be open and unobstructed
by any structure (Amended October 1, 2024, File P21-01), with the exception of the items noted below.
(a) The usual projections of sills, cornices, eaves, gutters, chimney breasts, pilasters, canopies, steps
or other architectural features provided that no such structure or feature projects more than two
(2) feet into a required setback.
(b) Window bays that project not more than three (3) feet into a required front, rear or flankage
setback.
(c) Uncovered patios to a maximum of two (2) feet six (6) inches from into any required setback.
(Amended October 1, 2024, File P21-01)
(d) Fire escapes, exterior staircases, and ramps on existing buildings that provide access to a building
to a maximum of:
(i)
two (2) feet six (6) inches from any side lot line; or
By-law #106 - Land Use By-law
Section 14: General Regulations
14.2-3
(ii)
16.5 feet from any front, flankage and rear lot line.
(e) Mechanical or utility features, such as, but not limited to, air conditioners, oil and gas tanks,
electrical boxes, and building mounted solar panels, which project not more than two (2) feet
from the main wall into any required setback.
14.2.8
Sewer Services within Growth Centres
All new developments that are located within Growth Centres shall be serviced by central sewer
services where practical, as determined by the Public Utility.
14.2.9
Setbacks from Slopes
Where, in this By-law, a front, side or rear setback is required and part of the area of the lot is between
the top and bottom of a cliff or embankment (meaning the area where the angle of slope drops more
than one vertical foot for every 2 feet in horizontal distance), then the required setback shall be
measured from the nearest applicable point of the building on the lot to the top of the cliff or
embankment; and confirmed as necessary by a surveyor licensed to practice in Nova Scotia. For
clarity, this requirement shall not apply where the Environmentally Sensitive Area (ESA) Overlay
applies.
14.2.10 Parking of Commercial Vehicles
Notwithstanding section 14.4 related to home-based businesses, commercial vehicles may be parked
overnight in all Residential Zones in a Growth Centre on a residential or vacant lot subject to the
conditions noted below and no development permit shall be required:
(a) Not more than one commercial vehicle shall be parked overnight per lot.
(b) The commercial vehicle shall be personally used by a tenant, resident, or owner of the lot.
(c) The commercial vehicle shall not include an operating refrigeration unit.
(d) The commercial vehicle shall not be loaded with hazardous goods.
These restrictions shall not apply to other zones.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.2-4
By-law #106 - Land Use By-law
Section 14: General Regulations
14.3-1
14.3
USES
14.3.1
Multiple Main Uses
Unless otherwise indicated, multiple main uses may locate in the same building and where any land
or building is used for more than one use, all provisions of this By-law relating to each use shall be
satisfied and if more than one standard applies, the more stringent standard shall prevail.
14.3.2
Multiple Main Buildings
Except on a lot located in the Residential One Unit (R1) Zone, any number of main buildings may
be located on the same lot, subject to the applicable zone requirements. (Amended October 3, 2023,
File 22-04; Amended May 21, 2026, File P24-01)
14.3.3
One Dwelling Per Lot
More than one dwelling shall be permitted on a lot where residential uses are permitted except for
the Rural Commercial (C4) Zone, the Agricultural (A1) Zone, the Farm Commercial (A3) Zone,
Historic Hamlet of Grand Pré (A5) Zone and the Commercial Recreation (P1) Zone. (Amended
February 6, 2024, File 22-02; Amended April 17, 2026, File P23-01; Amended May 21, 2026, File P24-01)
14.3.4
Accessory Uses
Where this By-law provides that any land may be used, or that a building or structure may be erected
or used for a purpose, the purpose shall be deemed to include any use accessory or ancillary to the
permitted main use, subject to the requirements of that zone.
14.3.5
Accessory Buildings
Accessory buildings shall be permitted in any zone and shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use; or
(b) be on a separate lot from a main building.
14.3.5A Accessory Dwellings
One accessory dwelling shall be permitted per lot in all Residential Zones, the Mixed Commercial
Residential (C3) Zone, the Country Residential (A4) Zone, the Lakeshore Residential (S1) Zone and
the Lakeshore Limited Development (S2) Zone. Accessory dwellings shall be subject to the zone
requirements for accessory buildings, including height, unless the entrance to the accessory dwelling
is located in the side or rear yard in which case a 10-foot setback shall be maintained between the
lot line and the building wall containing the entrance. The Accessory Dwelling shall be required to
have one dedicated parking space on the lot. Accessory dwellings are not permitted to be a mobile
home. (Amended February 6, 2024, File 22-02; Amended April 17, 2026, File P23-01; Amended May 21, 2026,
File P24-01)
14.3.6
Agricultural, Forestry and Fishing Uses Not Requiring a Permit
If permitted in the zone in which the lot is located, agricultural, forestry, and fishing uses may occur
without a development permit, but any building associated with the use shall require a development
permit.
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Section 14: General Regulations
14.3-2
14.3.7
Structures Not Requiring a Development Permit
A development permit shall not be required for miscellaneous structures, such as flag poles, children's
play structures, cold frames and garden trellises, clothes line poles, dog houses, and accessory wind
turbines.
14.3.8
Non-conforming Uses
Buildings or uses of land lawfully in existence on the date of adoption of this By-law and that do not
conform to the requirements of this By-law are considered non-conforming under section 238 of the
Act and may continue to exist subject to the provisions of the Act (sections 239-241) or applicable
policies of the Municipal Planning Strategy. Non-conforming uses that have been discontinued for a
period that does not exceed 12 months shall be permitted to be recommenced.
Non-conforming residential uses shall:
(a) not be permitted to be replaced within the Environmental Constraints (O1) Zone;
(b) not be permitted to be replaced within the General Commercial (C1), Central Business (C2),
Highway Commercial (C5), Light Industrial Commercial (M1), or Heavy Industrial (M2) Zones;
(c) be permitted to be replaced with the same use in substantially the same location in all other
zones, notwithstanding (a) and (b) above (Amended October 1, 2024, File P21-01);
(d) be permitted to expand up to 25 per cent of the existing main building footprint provided
setback requirements of the zone are met unless otherwise indicated in this By-law; and
(e) be permitted to construct an accessory building or buildings up to a maximum combined
building footprint of 600 square feet unless otherwise indicated in this By-law. (Amended October
1, 2024, File P21-01)
14.3.9
Non-conforming Structures
A structure lawfully in existence on the date of adoption of this By-law that does not meet the
requirements of the zone in which it is located, the structure is considered a non-conforming structure
under section 238 of the Act.
Non-conforming structures shall be subject to the requirements below.
(a) Non-conforming structures shall be permitted to expand provided the expansion to the building
or structure does not further reduce the setback that does not conform to zone requirements.
(b) Non-conforming structures containing main residential uses shall be permitted to be rebuilt or
replaced in substantially the same location and be occupied by the same use.
(c) Non-conforming accessory structures shall not be permitted to be rebuilt or replaced unless the
requirements of the zone for accessory buildings are met.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.3-3
(d) A change in use from one permitted use in the zone to another permitted use in the zone shall
be permitted within a non-conforming structure provided the proposed use requires the same,
or less restrictive setback requirements as the original use.
14.3.10 Pit Privies
Pit privies shall be developed in accordance with all Nova Scotia Environment, or successor body,
regulations related to pit privies, including regulations related to separation distances from
watercourses.
14.3.11 Temporary Construction Uses
The use of land for the temporary location of a building or structure, or for other purposes that are
incidental to a main construction project, shall be permitted to continue for up to 60 calendar days
following completion of the main construction project. No development permit shall be required.
14.3.12 Temporary Commercial Uses
No development permit shall be required for special events such as weddings, concerts, midways,
circuses, fairs or festivals subject to the requirements below.
(a) No more than one event takes place on the same lot in a calendar year.
(b) The special event shall remain in place for no longer than 14 consecutive days.
(c) Any temporary building or structure erected for the event shall be taken down within seven
calendar days of the completion of the event.
This subsection shall not apply to open air farmers' markets and open air markets operated by non-
profit or not-for-profit organizations. No development permit shall be required.
14.3.13 Parks
Parks shall be permitted in all zones and shall not be required to meet the zone requirements. Parks
shall be subject to the requirements below.
(a) Parks shall not require a development permit; however, any building associated with the use
shall require a development permit.
(b) Any accessory building shall be located a minimum of ten (10) feet from all lot lines and shall
have a maximum height of 20 feet.
14.3.14 Swimming Pools
A swimming pool is permitted as an accessory structure to a permitted main use. A development
permit is required for an in-ground swimming pool and is subject to the zone requirements for an
accessory building. Above ground swimming pools shall not require a development permit and are
not subject to the zone requirements provided they are wholly contained on the property. Any
associated decking or other structures shall require a development permit and shall be subject to the
zone requirements for an accessory building. (Amended October 1, 2024, File P21-01)
By-law #106 - Land Use By-law
Section 14: General Regulations
14.3-4
14.3.15 Cemeteries
(a) Existing cemeteries shall be permitted in all zones.
(b) New cemeteries shall be permitted in all zones excluding the Agricultural (A1) Zone,
Environmental Constraint (O1) Zone or lands subject to the Environmentally Sensitive Area
Overlay (ESA) and are subject to any applicable Wellfield Protection Overlays.
(c) Any new cemeteries are not required to meet the lot size and frontage requirements of the zone
in which they are located, but shall have a minimum of 20 feet of public road frontage.
(d) Any accessory building or structure having a building footprint less than 215 square feet shall
be located a minimum of ten (10) feet from any lot line.
(e) Any building or structure having a building footprint greater than 215 square feet shall be
considered a main building and shall be subject to the requirements of the zone in it is located.
(f)
Cemeteries are regulated in accordance with policies 3.0.12 and 3.0.13 of the Municipal Planning
Strategy.
14.3.16 Transit Shelters
Transit shelters shall be permitted in all zones and shall be exempt from zone requirements.
Development permits shall be required and shall only be issued in accordance with the conditions
noted below.
(a) The applicant has the written consent of the transit authority on whose regularly scheduled stop
the transit shelter is to be located.
(b) The applicant has the written consent of the property owner of the land upon which the transit
shelter is to be located.
(c) The applicant has the written consent of the road authority.
(d) Any associated signs are in compliance with section 14.6 of this By-law.
14.3.17 Gas Bars
Where permitted, gas bars shall be subject to the following requirements noted below.
(a) Pump islands shall be located a minimum of 20 feet from any lot line.
(b) All portions of the gas bar canopy shall meet minimum main building side and rear setback
requirements, including both the vertical supports and the canopy itself.
(c) Vertical supports for the gas bar canopy shall meet minimum front setback requirements. The
gas bar canopy may, however, extend to the front lot line subject to the approval of the road
authority.
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Section 14: General Regulations
14.3-5
14.3.18 Drive-through Facilities
Drive-through restaurants and accessory drive-through facilities shall be subject to the following
requirements noted below.
(a) Drive-through facilities shall be permitted as an accessory use to any permitted use within any
Commercial Zone except within the Central Business (C2) Zone or the Mixed Commercial
Residential (C3) Zone.
(b) Where drive-through restaurants or accessory drive-through facilities abut a Residential Zone,
an opaque fence having a minimum height of six (6) feet shall be erected at a grade similar to
the grade of the drive aisle for the drive-through facility.
14.3.18A Accessory Commercial Patio Areas
Accessory commercial patio areas shall be permitted as part of a commercial use in the General
Commercial (C1) Zone, Central Business (C2) Zone, Mixed Commercial Residential (C3) Zone, Rural
Commercial (C4) Zone, Highway Commercial (C5) Zone, Farm Commercial (A3) Zone, Tidal
Commercial (T2) Zone, Commercial Recreation (P1) Zone, and Institutional (I1) Zone. A
development permit is required for any accessory commercial patio and shall be subject to the
following conditions noted below.
(a) Accessory commercial patio areas shall be subject to the front and flankage setback
requirements for a main building in the underlying zone.
(b) Accessory commercial patio areas shall be subject to the side and rear setback requirements
for a main building in the underlying zone or 10 feet, whichever is less.
(c) The accessory commercial patio area shall not be located in a required parking area. (Added
November 4, 2025, File 25-01)
14.3.19 Urban Chickens
Within Growth Centres, urban chickens shall be permitted in the Residential One Unit (R1) Zone,
Residential One and Two Unit (R2) Zone, Residential Mixed Density (R3) Zone, Residential Multi-Unit
(R4) Zone, Comprehensive Neighbourhood Development (R5) Zone, and the Mixed Commercial
Residential (C3) Zone and shall be subject to the conditions noted below.
(a) A maximum of five urban chickens shall be permitted on a lot.
(b) No development permit shall be required for urban chickens.
(c) The use shall be accessory to either a one unit or two unit dwelling and shall be located on and
contained within the same lot.
(d) The sale of eggs or meat is prohibited.
(d) Slaughtering of urban chickens shall be prohibited on the lot.
(f)
Urban chicken coops shall be subject to the requirements noted below.
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Section 14: General Regulations
14.3-6
i.
One urban chicken coop shall be permitted on a lot except where otherwise permitted.
ii.
An urban chicken coop shall be subject to the setback requirements for residential
accessory buildings.
iii.
An urban chicken coop shall not be located in the front or flankage yard.
(g) For urban chicken roosters, the additional requirements noted below shall be met.
i.
The minimum lot size shall be at least 3 acres.
ii.
The urban chicken coop used for urban chicken rooster(s) shall have a separation distance
of 50 feet from any lot line.
iii.
Two chicken coops shall be permitted on the lot.
14.3.20 Household Livestock
Household livestock shall be permitted in all zones located outside of a Growth Centre excluding the
Shoreland Residential (S1) Zone and shall be subject to the following requirements noted below.
(a) The use shall be accessory to a residential use.
(b) The number of permitted animal units shall be determined on the basis of lot area, as per below.
i.
On lots having a lot area of one (1) acre or less, one (1) animal unit shall be permitted.
ii.
An additional animal unit shall be permitted on each additional full acre. For clarity, for
the purpose of determining the number of permitted animal units, each part of an acre of
lot area shall be rounded down to nearest whole acre.
iii.
Within the Country Residential (A4) Zone, the minimum required lot area for household
livestock shall be 30,000 square feet. On lots having less than 30,000 square feet of lot
area, a total of five (5) chickens shall be permitted subject to the requirements for urban
chickens contained within this section.
(c)
New buildings used for household livestock shall meet the lot requirements noted below.
i.
Buildings for one (1) animal unit shall be subject to the setback requirements for a
residential accessory building within the zone in which the lot is located.
ii.
Buildings for more than one (1) animal unit shall be subject to the setback requirements
for an agricultural use within the zone in which the lot is located.
14.3.21 Livestock Operations
Where permitted, livestock operations shall meet the requirements noted below.
(a) New buildings or additions housing livestock, including manure storage facilities, shall have a
separation distance of at least 500 feet from all Growth Centre boundaries. (Amended October 1,
2024, File P21-01)
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14.3-7
(b) Livestock operations not meeting the separation distance specified in (a) above shall be
conforming provided they were in existence prior to the date of adoption of this By-law. Such
operations shall be permitted to expand or rebuild and shall be subject to the requirements
below.
(i)
Expansions may include additions and new building construction.
(ii)
In no case shall the livestock operation expansion encroach more than 20 per cent of the
existing distance between the nearest wall of the livestock operation and the affected
Growth Centre. (Amended October 1, 2024, File P21-01)
(c) Property owners are responsible for all risks and impacts associated with the storage of manure.
(Amended October 1, 2024, File P21-01)
(d) Buildings housing a livestock operation that are non-conforming pursuant to Section 238 of the
Act, may be rebuilt, replaced or repaired, if destroyed or damaged by fire or otherwise, if it is
substantially the same as it was before the destruction or damage and it is occupied by the same
use and an application is made for a development permit within 12 months of the building
containing the livestock operation being destroyed.
14.3.22 Agritainment Uses
Where permitted, agritainment uses shall meet the requirements noted below.
(a) The agritainment use shall be accessory to a farming business.
(b) Indoor space dedicated to the agritainment use shall be limited to a maximum commercial floor
area of 2,000 square feet.
(c) An area, or areas, sufficient to accommodate 100 per cent of the parking demand for the
agritainment use shall be located on the lot.
(d) Notwithstanding other provisions of this By-law, the parking areas for the agritainment use do
not need to be maintained with a stable surface.
14.3.23 Farm and Vineyard Product Sampling
Where permitted, farm and vineyard product sampling shall meet the requirements noted below.
(a) The use shall be accessory to a farming business.
(b) The lot containing the use has a minimum lot area of 5 acres.
(c) The indoor and outdoor space dedicated to the farm and vineyard product sampling shall be
limited to a maximum commercial floor area of 2,000 square feet.
(d) Accessory retail uses shall be permitted provided the items for sale are related to or
complimentary to the sampled farm product. (Amended November 4, 2025, File 25-01)
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14.3.24 Accessory Restaurant
An accessory restaurant shall be permitted by site plan approval in accordance with the following
criteria noted below.
(a) The restaurant shall be accessory to either an agritainment use, farm and vineyard product
sampling or farm market outlet. (Amended October 1, 2024, File P21-01)
(b) The indoor and outdoor commercial areas associated with the accessory restaurant shall not
exceed 1,000 square feet.
(c) The site plan shall indicate the accurate location of all areas associated with the accessory
restaurant including, but not limited to, seating and parking areas.
(d) All areas associated with the accessory restaurant, including outdoor areas, shall meet the
setback requirements of the zone for an accessory building.
(e) If proposed within a new building or structure, the accessory restaurant is encouraged to locate
as close as possible to the minimum front yard setback for an agricultural use, unless restricted
by topography or it is shown that the impact on agricultural lands is greater than if the accessory
restaurant use was located elsewhere. An exception shall be granted if the proposal is to operate
within an existing building or structure.
(f)
All areas associated with the accessory restaurant shall maintain a separation distance of 300
feet from an existing dwelling. This shall not apply if the dwelling is located on the same property
as the agritainment use, the farm and vineyard sampling or farm market outlet.
(g) All areas associated with the accessory restaurant such as outdoor seating areas, parking areas
or any building or structure shall be adequately screened between the use and any adjacent
existing dwellings including, but not limited to, the provision of a fence or sufficient vegetation
to screen the accessory restaurant.
14.3.25 Tourist Commercial Use
Where permitted, tourist commercial uses shall be permitted as an accessory use to a dwelling and
shall be subject to the following requirements:
(a)
Tourist commercial uses shall be permitted on lots having the following:
(i)
a minimum lot area of 100,000 square feet; and
(ii)
a minimum of 200 feet of public road frontage.
(b) Tourist commercial uses may consist of up to two (2) cabins each having a maximum building
footprint of 500 square feet.
(c) Tourist commercial uses shall have a minimum separation distance of 50 feet from any lot line.
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(d) Tourist commercial uses shall have a minimum separation distance of 250 feet from any dwelling
on an adjacent lot.
(e) If tourist commercial uses are located within 400 feet of a dwelling on a neighbouring lot, a
vegetative buffer having a minimum width of 20 feet shall be provided between the tourist
commercial uses and the neighbouring dwelling.
(f)
Tourist commercial uses shall have a maximum height of 20 feet.
(g) An on-site caretaker shall reside on the same lot.
14.3.26 Small-Scale Antenna Systems
Small-scale antenna systems having a height no greater than 40 feet, shall be permitted within all
zones located outside of a Growth Centre and shall be subject to the requirements noted below.
(a) Small-scale antenna systems shall be permitted as accessory uses to a, permitted use in the zone
in which the property is located.
(b) Small-scale antenna systems may consist of more than one (1) antenna tower.
(c) The subject property shall not be located within the boundaries of the Community Plan for Grand
Pré or on a registered historic site recognized under municipal, provincial or federal law.
(d) Antenna towers shall be located a minimum distance equivalent to two (2) times the height of
the antenna tower to dwellings on neighbouring properties.
(e) Antenna towers shall be located a minimum distance equivalent to one (1) times the height of
the antenna tower to all lot lines.
(f)
Small-scale antenna systems used for emergency services shall be exempt from the regulations
of this section.
14.3.27 Telecommunication Facilities
Telecommunications facilities requiring approval from the federal government shall not require a
development permit but are subject to public consultation requirements in accordance with policy
2.3.30 of the Municipal Planning Strategy. All other telecommunications facilities shall be subject to
the requirements of section 14.3.26.
14.3.28 Animal Boarding Facilities, Veterinary Clinics and Domestic Animal Grooming
Outdoor runs for any animals, whether or not it is attached to a main building, shall be fenced and
shall not be located any closer than ten (10) feet to any lot line.
14.3.29 Uses Within Residential Units
The use of residential units as a residential care home, a bed and breakfast operation or as
accommodations shall be permitted within all zones that permit residential units. Bed and breakfast
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operations shall be permitted to use up to four (4) bedrooms unless located within the Grand Pré
Heritage Conservation District where the use of five (5) bedrooms is permitted. These uses shall be
subject to the requirements of the zone. Any associated signs shall be subject to the requirements of
a home-based business sign. (Amended October 1, 2024, File P21-01 and February 4, 2025, File 24-14)
14.3.30 Direct Sale of Products from the Land and Sea
No development permit shall be required for the direct sale of fish and other seafood by fishers or
companies engaged in the catching and sale of fish or other seafood, as well as the direct sale of
products of the farm or forest including, but not limited to, flowers, plants, vegetables, fruit, and
Christmas trees and wreaths. Any associated buildings or structures shall be limited to open air
buildings or structures with a maximum footprint of 100 square feet. Such buildings or structures
shall meet the minimum side and rear setbacks for accessory buildings in the underlying zoning, but
shall not be required to meet minimum front setbacks subject to the approval of the road authority.
14.3.31 Requirements for all Wind Turbines
All wind turbines shall be subject to the requirements below.
(a) Climbing apparatuses shall be secured to a minimum height of ten (10) feet above grade to
prevent unintended climbing or be contained within the tower structure and secured by means
of a lockable door.
(b) All wind turbines shall be painted or finished in a matte, non-reflective finish.
(c) No lighting shall be permitted on any wind turbine except as required by relevant transportation
authorities.
(d) Signs and advertising shall not be permitted on any wind turbines, with the exception of paint
or decals indicating the manufacturer of the wind turbine.
(e) With the exception of accessory wind turbines, development permit applications for all wind
turbines, in addition to standard required information, shall be accompanied by documentation
listed below.
(i)
Manufacturer's information, including the type of wind turbine, total height, rotor
diameter, maximum rated output capacity, colour, and Canadian Standards Association
(or equivalent).
(ii)
Authorization documents from Transport Canada and NavCan, or successor bodies.
(iii)
Tower and base designs certified by an engineer licensed to practice in Nova Scotia, and
applicable letters of undertaking.
(f)
Nothing in this By-law shall exempt wind turbines from meeting relevant federal or provincial
regulations.
(g)
With the exception of accessory wind turbines, all setbacks shall be measured from the portion
of the wind turbine tower located at grade that provides the shortest separation distance or
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setback. For greater clarity, for the purposes of this clause any foundation material is not
considered to be part of the wind turbine tower.
(h)
The wind turbine definitions outlined in each wind turbine subsection are included for
convenience only. If these definitions conflict with section 17 - Definitions, the text of section 17
shall prevail.
14.3.32 Accessory Wind Turbines
In accordance with policies 2.8.3 and 2.8.4 of the Municipal Planning Strategy, accessory wind turbines
shall be subject to the conditions noted below.
(a)
Accessory wind turbine means a wind turbine with a height less than or equal to 25 feet.
(b)
Accessory wind turbines shall meet the applicable requirements for all wind turbines set out in
section 14.3.31.
(c)
Accessory wind turbines shall be permitted as an accessory use in all zones provided the primary
purpose of the wind turbine is for use on the same lot and shall not require a development
permit.
(d)
Accessory wind turbines shall be permitted on lots that do not contain a main building.
(e)
Accessory wind turbines attached to a building shall be set back a distance equivalent to twice
the length of the rotor blade from the required side setback for an accessory building.
(f)
Accessory wind turbines that are freestanding shall be set back a distance equivalent to 1.5 times
the height of the accessory wind turbine from all lot lines.
(g)
Accessory wind turbine rotor blade clearance shall be at least ten (10) feet from grade.
14.3.33 Small-scale Wind Turbines
In accordance with policies 2.8.5 and 2.8.6 of the Municipal Planning Strategy, small-scale wind turbines
shall be subject to the conditions noted below.
(a)
Small-scale wind turbine means a wind turbine with a height greater than 25 feet but less than
or equal to 115 feet.
(b)
Small-scale wind turbines shall meet the requirements for all wind turbines set out in section
14.3.31.
(c)
Small-scale wind turbines shall be permitted as an accessory use in all zones outside of a Growth
Centre provided the primary purpose of the wind turbine is for use on the same lot.
(d)
Small-scale wind turbines shall be permitted on lots that do not contain a main building.
(e)
Small-scale wind turbines shall be set back a distance equal to the height of the turbine from lot
lines and public rights-of-way.
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(f)
The distance from lot lines may be reduced by 50 per cent from lot lines bordering or located in
the Environmental Constraints (O1) Zone. For greater clarity, the setback reduction only applies
to the lot line bordering or located in an Environmental Constraints (O1) Zone, and not to other
lot lines on the property.
(g)
Small-scale wind turbine rotor blade clearance shall be at least 15 feet from grade.
(h)
Small-scale wind turbines shall have a separation distance of at least 1.5 times the height of the
wind turbine from dwellings on neighbouring lots existing at the time of application.
(i)
The location of any small-scale wind turbine shall be confirmed by a location certificate prepared
by a surveyor licensed to practice in Nova Scotia.
(j)
Multiple small-scale wind turbines may be located on one lot.
(k)
Small-scale wind turbines shall have a separation distance between wind turbines equal to at
least the height of the tallest wind turbine.
(l)
The property owner shall remove small-scale wind turbines from the lot following one calendar
year of inactivity. A new development permit application shall be submitted and approved before
a new wind turbine is installed.
14.3.34 Meteorological Towers
Meteorological towers shall be permitted in all zones and subject to the conditions noted below.
(a)
The maximum height of meteorological towers shall be equal to the maximum height of the
largest wind turbine permitted in that zone. (Amended October 1, 2024, File P21-01)
(b)
Meteorological towers greater than 20 feet in height shall not be mounted on or attached to any
other structure.
(c)
Meteorological towers shall be set back a distance equal to the height of the tower from lot lines
and public rights-of-way. This minimum setback may be reduced by 50 per cent from lot lines
bordering, or located in, the Agricultural (A1) Zone, Agricultural Mixed Use (A2) Zone, Resource
(N1) Zone, or the Environmental Constraint (O1) Zone provided that the tower is at least a
distance equal to the tower height from all buildings on the neighbouring lots.
(d)
Lighting shall not be permitted on any meteorological towers except as required by
transportation authorities.
(e)
Climbing apparatuses shall be a minimum of ten (10) feet above grade, be secured to a height
of ten (10) feet above grade so as to effectively prevent unintended climbing, or be contained
within the tower structure and secured by means of a lockable door.
(f)
All meteorological towers shall be painted or finished in a matte, non-reflective finish.
(g)
Signs and advertising shall not be permitted on any meteorological tower with the exception of
paint or decals indicating the manufacturer of the meteorological tower.
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(h)
Development permit applications for all meteorological towers shall, in addition to standard
required information, be accompanied by the following documentation:
(i)
Authorization documents from Transport Canada and NavCan, or successor bodies.
(ii)
Tower and base designs certified by an engineer licensed to practice in Nova Scotia, and
applicable letters of undertaking.
14.3.35 On-building Solar Collector Systems
(a)
On-building solar collector systems shall be permitted in all zones with no limit on the solar
collector area, in accordance with policies 2.8.9 and 2.8.10 of the Municipal Planning Strategy.
(b)
On-building solar collector systems may exceed:
(i)
on a pitched roof, the greater of the maximum building height plus six (6) feet up to the
highest point of the roof surface; or
(ii)
on a flat roof, 6 feet from the highest point.
14.3.36 Small-scale Solar Collector Systems
(a)
Small-scale solar collector systems shall be permitted as an accessory use in all zones subject to
setback requirements for accessory buildings and shall require a development permit, in
accordance with policies 2.8.11, 2.8.12 and 2.8.14 of the Municipal Planning Strategy.
(b)
Small-scale solar collector systems shall be permitted on lots that do not contain a main building.
(c)
Small-scale solar collector systems shall not be permitted in the required front setback in the
Residential One Unit (R1) Zone, Residential One and Two Unit (R2) Zone, Residential Mixed
Density (R3) Zone, and the Residential Multi-Unit (R4) Zones.
(d)
Small-scale solar collector systems shall meet the applicable zone setbacks for accessory
structures. (Amended June 1, 2021, File 20-19)
(e)
Small-scale solar collector systems shall not exceed 20 feet in height.
(f)
Small-scale solar collector systems shall be exempt from lot coverage and building footprint
requirements in this By-law.
14.3.37 Large-scale Solar Collector Systems
(a)
Large-scale solar collector systems shall be permitted as an accessory use to any permitted use
in the Rural Industrial (M3) Zone, Rural Commercial (C4) Zone, Agricultural (A1) Zone, Rural
Mixed Use (A2) Zone, Farm Commercial (A3) Zone, Country Residential (A4) Zone, Tidal
Shoreland (T1) Zone, and Resource (N1) Zone subject to setback requirements for accessory
buildings and shall require a development permit.
(b)
Large-scale solar collector systems shall be permitted on lots that do not contain a main building.
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(c)
Large-scale solar collector systems shall not exceed 20 feet in height.
(d)
Large-scale solar collector systems shall be exempt from lot coverage and building footprint
requirements in this By-law.
14.3.38 Public Utilities
(a)
Public utility facilities owned and operated by a government, government agency, or agencies
regulated by government including, but not limited to, sewage treatment plants, water supply
facilities, pumping stations, drainage facilities, public transportation, energy generation and
similar infrastructure, shall be permitted in all zones and shall be exempt from all general
regulations and zone requirements and shall not require a development permit. (Amended
October 1, 2024, File P21-01)
(b)
Buildings and equipment that are directly related to the functioning of a public utility facility
shall be permitted in all zones and shall be exempt from all general regulations and zone
requirements. However, general purpose office buildings, maintenance facilities, and storage
buildings associated with the utility shall only be permitted in zones where such uses are
permitted.
14.3.39 Public Uses
The provisions contained in this By-law shall not apply to the use of any land or to the erection or use
of any building or structure for the purposes of the public service by a municipality, or any Department
or Ministry of the Government of Canada or Nova Scotia.
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14.4 HOME-BASED BUSINESSES
14.4.1 General Requirements for all Home-based Businesses
(a)
Home-based businesses shall be permitted accessory to residential units in all zones subject to
the requirements of the level of home-based business. Home-based businesses shall be in
accordance with policies 2.5.6 and 2.5.7 of the Municipal Planning Strategy.
(b)
All home-based businesses must be operated by a resident of the residential unit.
(c)
Personal Offices and Studios:
(i)
Nothing in this By-law shall prevent the use of a portion of any residential unit or building
accessory to a dwelling unit with frontage on a public or private road as a personal office
or studio where such use does not involve visits from members of the public and does not
have employees who do not live in the residential unit.
(ii)
No signs shall be permitted, and no development permit shall be required.
(d)
Teaching One (1) Student at a Time:
(i)
Nothing in this By-law shall prevent the use of a portion of any residential unit or building
accessory to a residential unit with frontage on a public road for teaching or tutoring one
(1) student at a time.
(ii)
No signs shall be permitted, and no development permit shall be required.
(a)
Home Day Cares:
(i)
Outdoor space used by a Home Day Care shall not contribute to the maximum
permitted gross floor area. (Added October 1, 2024, File P21-01)
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14.4.2 Home-based Businesses - Level 1
Level 1 home-based businesses shall be subject to the conditions noted below.
Requirement
(a)
Permitted locations
Within one and two unit dwellings located within Growth
Centres
(b)
Permitted number of
employees who do not live in
the dwelling unit
0
(c)
Permitted location of the
home-based business on the
property
Located entirely within the residential unit.
(d)
Permitted Uses
Business Offices
Craft Product Workshops
Goods and Services Shops
Home Day Cares
Office of a Medical or Dental Practitioner
Personal Service Shops
Studios for the instruction of classes containing up to five (5)
students
(e)
Retail sales
Retail sales of products is limited to products made, refinished,
or repaired on the premises and products associated with the
business.
(f)
Size
A maximum of 500 square feet of gross floor area or 25 per cent
of the gross floor area of the residential unit, whichever is less,
The maximum size does not apply to home day cares or
residential care homes.
(g)
Outdoor storage and display
Not permitted
(h)
Parking required in addition
to the parking required for
dwelling units
1 space
(i)
Parking -
Location requirements
Required parking spaces do not need to be independently
accessible.
(j)
Road Frontage requirements
Public road frontage required
1. Amended to remove "Residential Care Homes", October 1, 2024, File P21-01
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14.4.3 Home-based Businesses - Level 2
Level 2 home-based businesses shall be subject to the conditions noted below.
Requirement
(a)
Permitted locations
Within one and two unit dwellings located within Growth Centres
accessed from a collector road
(b)
Permitted number of
employees who do not live in
the dwelling unit
2
(c)
Permitted location of the
home-based business on the
property
Located entirely within the residential unit or residential accessory
building.
(d)
Permitted Uses 1,2
Antique Shops
Business Offices
Consignment Shops
Craft Product Workshops
Domestic Animal Grooming
Food and Drink Production
Goods and Services Shops
Home Day Cares
Household Item Repair Services
Office of a Medical or Dental Practitioner
Personal Service Shops
Studios for the instruction of classes containing up to five (5)
students
(e)
Retail sales
Retail sales of products is limited to antiques, consignment goods
or products made, refinished, or repaired on the premises and
products associated with the business
(f)
Size
A maximum of 1,000 square feet of gross floor area or 40 per cent
of the gross floor area of the residential unit, whichever is less
The maximum size does not apply to home day cares.
(g)
Outdoor storage and display
Not permitted
(h)
Parking required in addition
to the parking required for
dwelling units
Subject to sections 14.5.1 and 14.5.2
(i)
Parking -
Location requirements
Where home-based business parking is required for more than two
(2) vehicles on the lot, parking for two (2) vehicles shall be
permitted in the front yard, and all additional parking shall be
located at the side or rear of the lot.
(j)
Road Frontage requirements
Public road frontage required
1. Amended to remove "Residential Care Homes", October 1, 2024, File P21-01
2. Amended to remove "Bed and Breakfast Operations up to four (4) bedrooms", February 4, 2025, File 24-14
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14.4.4 Home-based Businesses - Level 3
Level 3 home-based businesses shall be subject to the conditions noted below.
Requirement
(a)
Permitted locations
Within one and two unit dwellings located outside of Growth
Centres
(b)
Permitted number of
employees who do not live in
the dwelling unit
4
(c)
Permitted location of the
home-based business on the
property
Located within the residential unit or a residential accessory
building.
(d)
Permitted Uses 1, 2
Animal Boarding Facilities
Antique Shops
Automotive Repair subject to the special requirements set in
section 14.4.5, below
Building and Construction Contractors
Business Offices
Consignment Shops
Convenience Stores up to 500 square feet of gross floor area
Craft Product Workshops
Domestic Animal Grooming
Firewood Processing and Sales
Food and Drink Production
Goods and Services Shops
Heavy Equipment Facilities subject to the special requirements set
in section 14.4.5, below
Home Day Cares
Household Item Repair Services
Indoor Storage of cars, boats, recreational vehicles and similar
items in existing buildings
Office of a Medical or Dental Practitioner
Personal Service Shops
Plant Sales
Professional Trades subject to the special requirements set in
section 14.4.5, below
Restaurants up to 500 square feet of gross floor area
Studios for the instruction of classes
(e)
Retail sales
Retail sales of products is limited to antiques, consignment goods
or products made, refinished, or repaired on the premises and
products associated with the business, except for convenience
stores
(f)
Size
Lots under
50,000 sq ft. in area:
1,000 sq ft. of
gross floor area
Lots between
50,000 sq ft. &
100,000 sq ft. in area:
1,500 sq ft. of
gross floor area
Lots greater than
100,000 sq ft. in area:
2,000 sq ft. of gross
floor area
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Size
No more than 40 per cent of the gross floor area of the residential
unit shall be used for the home-based business. Home based
businesses located in accessory buildings may be larger than 40
per cent of the gross floor area of the residential unit but shall not
exceed the maximum total size, above. (Amended October 1, 2024,
File P21-01)
The maximum size shall not apply to:
indoor storage of cars, boats, recreational vehicles and similar
items within existing buildings, which is not limited in size but
cannot be expanded from existing building footprint;
The maximum size and percentage shall not apply to:
Home Day Cares.
(g)
Activity within Buildings
Except for permitted outdoor storage and display, all other aspects
of the home-based business shall be wholly contained within
permitted buildings associated with the home-based business
including uses having associated noise, vibration, dust, odours,
fumes or other hazards.
(h)
Outdoor storage and display
Limited to an area equal in size to the permitted gross floor area
which is in addition to the permitted indoor gross floor area of the
home-based business.
(i)
Parking -
Spaces required in addition
to the parking required for
dwelling units
Subject to sections 14.5.1 and 14.5.2
(j)
Parking -
Location requirements
No special requirements
(k)
Road Frontage Requirements
Public road frontage required
1. Amended to remove "Residential Care Homes", October 1, 2024, File P21-01
2. Amended to remove "Bed and Breakfast Operations up to four (4) bedrooms", February 4, 2025, File 24-14
14.4.5 Home-based Automotive Repair, Heavy Equipment Facilities and Professional
Trades
Home-based businesses that permit automotive repair, heavy equipment facilities or professional
trades shall be subject to the following requirements below.
(a)
Notwithstanding 14.4.4 (a), automotive repair, heavy equipment facilities and professional trades
shall only be permitted within the Agricultural (A1) Zone, the Rural Mixed Use (A2) Zone and the
Resource (N1) Zone.
(b)
All applicable requirements for home-based businesses level 3 set out in Section 14.4.4.
(c)
Outdoor commercial display is limited to two (2) items or vehicles related to the home-based
business.
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(d)
Outdoor storage of any automobile, truck, or heavy equipment shall be limited to one (1)
motorized vehicle not bearing a current Provincial Registry of Motor Vehicles Inspection Sticker.
(e)
Permitted outdoor storage shall not occur within a front or flankage yard and the area dedicated
to outdoor storage shall be surrounded by an opaque fence or natural vegetation to ensure the
area is not visible from neighbouring properties.
(f)
An accessory building used for automotive repair, heavy equipment facility or professional trade
shall be no less than 200 feet from any existing dwelling excluding the property owner's dwelling.
14.4.6 Uses Considered by Development Agreement
New and existing home-based businesses, including uses similar in nature to, but not considered to be
home-based businesses, shall be permitted to locate or expand beyond the size limits permitted as-
of-right by development agreement subject to policy 2.5.7 of the Municipal Planning Strategy.
14.4.7 Incentives for Properties that Participate in the Grand Pré Heritage Conservation
District
Properties that participate in the Grand Pré Heritage Conservation District are eligible for the following
incentives:
Land Use By-law Provision
Increased Flexibility
(a)
Home Based Business - Level 3
Permitted number of non-resident
employees
Clause 14.4.4
Increased from four (4) to five (5)
(b)
Home Based Business - Level 3
Clause 14.6
The maximum size of a home-based business
sign is increased from 10 sq. ft to 15 sq. ft
Amended February 4, 2025, File 24-14
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14.5 PARKING REQUIREMENTS
14.5.1 General Parking Regulations
(a)
The zones set out in this By-law may have additional parking provisions specific to that zone.
Where the provisions of a specific zone conflict with the provisions of this section, the provisions
set out in the zone shall take precedence.
(b)
Unless otherwise provided in a zone, parking shall be provided within the same zone or a zone
that permits the same use and shall be located upon the same lot as the use for which the
parking is required.
(c)
Where there is a combination of uses on a lot, the minimum parking space requirements shall
equal the combined total of the minimum requirements for each use.
(d)
Individual parking spaces shall have minimum dimensions of 9 feet by 18 feet.
(e)
Barrier-free parking spaces shall be provided in accordance with the requirements of the Nova
Scotia Building Code Act.
(f)
Except where otherwise provided for in this By-law, parking spaces shall be independently
accessible.
14.5.2 Minimum Automobile Parking Space Requirements
(a)
Off-street parking shall be provided and maintained for every building or structure erected or
enlarged, or for a change in use, in conformity with the table below.
GFA = Gross Floor Area
CFA = Commercial Floor Area
Use
Minimum Required Parking Spaces
Residential Uses
Dwellings with 5 or fewer
residential units
Dwellings with 6 or greater
residential units
Residential Care Homes
1 space/residential unit
1.5 spaces/residential unit
2 spaces/residential unit
Industrial Uses
Abattoir
Aggregate Related Industry
Agricultural Related Industries
Animal By-products Plant
Composting Facilities
Construction and Demolition
Debris Disposal Site
Crematoria
1 space/2,500 sq ft. GFA
By-law #106 - Land Use By-law
Section 14: General Regulations
14.5-2
Use
Minimum Required Parking Spaces
Dry-cleaning Facilities
Farm Supportive Uses
Fish and Seafood Processing
Fish Farms
Food and Drink Production
Forestry Industry Uses
Heavy Equipment Facilities
Manufacturing
Salvage or Scrap Operations
Sanitary Services
Transportation Services
Warehouses
Waste Transfer Stations
Other Uses1
Agricultural Equipment and Parts Sales
and Service
1 space/1,000 sq ft. CFA
Agritainment Uses
5 spaces/acre
Animal Boarding Facilities
1 space/400 sq ft. CFA
Arts and Cultural Centres
1 space/500 sq ft. CFA
Automotive Repair
Minimum 4 spaces plus 1 space/service bay
Automotive Sales and Rental
1 space/1,000 sq ft. CFA
Building and Construction Contractors
1 space/400 sq ft. CFA
Bus/Taxi Stations
Minimum 4 spaces plus 1 space/service bay
Business Offices
1 space/300 sq ft. CFA
Campgrounds
1.2 spaces/site or cabin
Carwash Facilities
Minimum 4 spaces
Cemeteries
Minimum 4 spaces
Commercial Greenhouse
Minimum 4 spaces
Community Facilities
1 space/100 sq ft. CFA
Correctional Centres
1 space/1,000 sq ft. GFA
Day Care Facilities
1 space/400 sq ft. CFA
Domestic Animal Grooming
1 space/400 sq ft. CFA
Drive-through Restaurants
1 space/60 sq ft. CFA
Driving Range
1 space/driving bay
Dry-cleaning Depots
1 space/400 sq ft. CFA
Educational Facilities
Elementary and Junior High
Schools
High Schools
Other facilities
1 space/1,000 sq ft. GFA
1 space/400 sq ft. GFA
1 space/400 sq ft. GFA
By-law #106 - Land Use By-law
Section 14: General Regulations
14.5-3
Use
Minimum Required Parking Spaces
Emergency Services
1 space/300 sq ft. CFA
1 space/100 sq ft. CFA for accessory
assembly uses
Equipment Rental
1 space/1,000 sq ft. CFA
Farm Market Outlets
1 space/60 sq ft. CFA
Farm or Vineyard Product Sampling
1 space/60 sq ft. CFA
Fixed Roof Overnight
Accommodations
1 space/guest room/cabin and
20 per cent of the number of spaces
required for any accessory use that is
accessible by the general public
Funeral Homes
1 space/100 sq ft. CFA
Gas Bars
Minimum 4 spaces
Golf Courses
5 spaces/hole
Goods and Services Shop
1 space/300 sq ft. CFA
Gun Ranges
1 space/shooting lane
Holding Yards
Minimum 4 spaces
Household Item Repair Services
1 space/400 sq ft. CFA
Indoor Recreation Uses
1 space/100 sq ft. CFA
Laundromat
1 space/500 sq ft. CFA
Licensed Liquor Establishments
1 space/60 sq ft. CFA
Medical and Dental Clinics
1 space/60 sq ft. CFA
Non-profit Camps
Minimum 4 spaces
Parks
2 spaces/acre
Personal Service Shops
1 space/60 sq ft. CFA
Places of Worship
1 space/100 sq ft. CFA
Professional Trades
1 space/400 sq ft. CFA
Residential Facilities
1 space/1,000GFA
Restaurants
1 space/60 sq ft. CFA
Retail Stores
1 space/300 sq ft. CFA
Self Storage Facilities
Minimum 4 spaces
Storefront Recycling Uses
Minimum 4 spaces
Veterinary Clinics
1 space/60 sq ft. CFA
Visitor Information Centres
Minimum 4 spaces
Wildlife Rescue and Rehabilitation
Centres
Minimum 4 spaces
1. Amended to add heading, October 1, 2024, File P21-01
(b)
Where a parking calculation results in a part of a parking space being required, the total shall
be rounded up to the next whole number.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.5-4
(c)
Where a use is not listed in Section 14.5.2 (a), the rate used to calculate the required parking
shall be based on the most similar use.
(d)
Where a parking calculation related to a non-residential use results in fewer than four (4) spaces
being required, a minimum of four (4) spaces shall be provided. (Amended October 1, 2024, File
P21-01)
(e)
Except for golf courses and agritainment uses, where a parking calculation results in greater than
100 spaces being required, the property owner shall only be required to provide a minimum of
100 spaces.
(f)
Nothing in this section shall prevent a property owner from providing a number of parking
spaces that exceeds the minimum parking requirements.
(Amended May 2, 2023, New Minas Secondary Plan)
14.5.3 Parking Variance
Property owners may apply for a variance to the required number of parking spaces where the number
of existing spaces does not meet the requirements of Section 14.5.2 or if the required number of
parking spaces cannot be provided on site. In addition to the requirements of section 235 of the Act,
a variance shall not be granted if:
(a)
the number of existing spaces is less than four (4) spaces; and/or
(b)
there is adequate space on the lot to provide the required number of spaces.
14.5.4 Standards for Parking Areas
Parking areas requiring more than 6 parking spaces or for all properties with more than one (1) main
use and/or main building shall meet the standards below.
(a)
The parking area shall be maintained with a stable surface.
(b)
If applicable, the lights used for illumination of the parking area shall be designed and installed
in a manner that does not project onto adjacent properties.
(c)
When the parking area is of a permanent hard surfacing, each parking space shall be clearly
demarcated and maintained as such.
(d)
Gasoline pumps or other service station equipment shall not be located or maintained in the
required parking area.
(e)
Traffic aisles leading to and within parking areas shall have a minimum width of ten (10) feet for
one-way traffic and a minimum width of 20 feet for two-way traffic.
(f)
Individual parking spaces and traffic aisles shall be located such that they do not interfere with
the functioning of any entrance or exit to a building or structure.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.5-5
14.5.4A Minimum Bicycle Parking Space Requirements
Within the Growth Centre of New Minas, bicycle parking meeting the requirements of section 14.5.6
shall be provided and maintained for every building or structure erected or enlarged, or for a change
in use, in conformity with the table below.
Use
Minimum Required Bicycle Parking Spaces
Business Office
1 space/1,200 sq ft. CFA
Dwelling - 5 or more dwelling units
0.5 spaces/dwelling unit
Licensed Liquor Establishment
2 spaces
Personal Service Shop
2 spaces
Restaurant
2 spaces
Retail Store
2 space/1,200 sq ft. CFA
(Amended May 2, 2023, New Minas Secondary Plan)
14.5.5 Credit for Providing Bicycle Parking
Where a non-residential use in a Commercial Zone within a Growth Centre provides six (6) or more
bicycle parking spaces and they meet the standards of section 14.5.6, the minimum number of parking
spaces required for that use may be reduced by one (1) space.
14.5.6 Standards for Bicycle Parking Areas
Bicycle parking spaces provided to meet the minimum bicycle space requirements of section 14.5.4A
or used for the purpose of credit in section 14.5.5 shall be subject criteria noted below:
(a)
Bicycle parking areas shall be located within 120 feet of the main public entrance to the building.
Where a building has multiple main public entrances, the required bicycle parking spaces may
be, and are encouraged to be, allocated among multiple entrances.
(b)
Bicycle parking areas shall not be located in the rear yard.
(c)
Bicycle parking areas shall be accessible to the public.
(d)
Bicycle parking areas shall not obstruct safe pedestrian and motor vehicle circulation or barrier-
free access.
(e)
Each bicycle parking space shall be surfaced with concrete, asphalt, pavers, or other similar stable
hard surface.
(f)
Each bicycle parking space shall have a minimum length of six (6) feet, a minimum width of 15
inches, and a minimum vertical clearance of six (6) feet.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.5-6
(g)
Each bicycle parking space shall contain a bicycle rack secured to the surface and located to
provide clear and unobstructed access for the placement and removal of bicycles.
(Amended May 2, 2023, New Minas Secondary Plan)
14.5.7 Parking in Institutional or Industrial Zones
In an Institutional Zone or Industrial Zone, no parking area is permitted in a required minimum general
side setback abutting any Residential Zone.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.6-1
14.6
SIGNS
14.6.1
General
(a) Where this section is inconsistent with the regulations respecting advertising signs on or near
public roads administered by the road authority, the more restrictive regulations shall apply.
(b) No person shall erect a sign without first obtaining a development permit, except where
otherwise exempted by this By-law.
(c) A development permit to erect a sign shall not be issued unless all sign provisions of this By-law
are satisfied.
(d) Where applicable, a development permit for the use shall be obtained before obtaining
development permits for the related sign(s).
(e) No signs shall be permitted within a public road right-of-way except in accordance with any by-
law adopted by the Municipality and enacted under the Public Highways Act.
(f)
Signs shall be located on the same lot as the product, service or building to which the sign
relates, unless otherwise permitted in this By-law.
(g) Every sign shall be constructed, installed and maintained in compliance with Municipal By-law #
72, Building By-law.
(h) If the use for which a sign is erected is no longer in operation, the sign shall be removed by the
property owner within 60 calendar days of the date the use ceases. This shall not apply to a
seasonal enterprise that normally closes during part of the year provided the sign advertising
the seasonal enterprise indicates the time of the year the enterprise is in operation.
(i)
A multi-faced sign shall be considered a single sign and only one side of a multi-faced sign shall
be used to determine sign area.
14.6.2
Distance from Lot Line
All signs and sign elements including the base or upright member shall be wholly contained on the
lot unless otherwise specified.
14.6.3
Signs Permitted in All Zones - No Permit Required
The following signs shall be permitted in all zones and no development permit shall be required and,
if applicable, shall not be counted towards the maximum number of signs permitted on a lot:
(a)
Address signs
(b)
Commemorative signs
(c)
Community announcement signs
(d)
Construction signs
By-law #106 - Land Use By-law
Section 14: General Regulations
14.6-2
(e)
Election signs
(f)
Farm produce signs
(g)
Generic real estate directional signs
(h)
Legal notice signs
(i)
On premise directional or traffic control signs
(j)
Point of purchase signs
(k)
Public utility signs
(l)
Real estate signs
(m)
Signs erected by a government body or under the direction and jurisdiction of a government
body
(n)
Transit shelter signs
(o)
Vehicle signs
(p)
Warning signs
14.6.4
Signs Permitted in all Zones - Permit Required
The following signs shall be permitted in all zones, subject to a development permit. Signs in this
section shall not be counted towards the maximum number of signs permitted on a lot:
(a)
Community identification signs
(b)
Community service signs
(c)
Multi-unit dwelling signs
(d)
Subdivision or neighbourhood identification signs.
14.6.5
Requirements for all Signs
Any sign permitted in this By-law shall be subject to the criteria noted below.
(a)
Signs shall not incorporate flashing lights or moving parts except an electronic message
board sign.
(b)
Signs or sign structures shall not be a safety hazard due to the sign location, design, or
potential interference with emergency services.
(c)
Signs shall not obstruct or detract from the visibility or effectiveness of any traffic signal or
traffic control device.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.6-3
(d)
Signs shall not obstruct the free egress from any fire exit door, window, or other required exit
way.
(e)
Signs shall not make use of words such as, "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD",
or any other similar word, phrase, symbol, light, or character in such a manner as to mislead
or confuse drivers of vehicles along a public road unless erected by a public authority.
(f)
Signs shall not be painted on or otherwise attached to a tree, cliff or other natural object.
14.6.6
Portable Signs
Portable signs shall be permitted on lots located in Commercial and Industrial Zones, in addition to
the number of signs permitted, and shall be subject to the requirements noted below.
(a)
The portable sign shall have a maximum sign area of 50 square feet.
(b)
The portable sign shall be located on a lot for a maximum period of 90 calendar days from
the date of the opening of a business.
(c)
The portable sign shall advertise that business only.
(d)
Portable signs shall not advertise a home-based business.
14.6.7
Wall Signs
Where permitted, wall signs shall not exceed 15 per cent of the area of the wall to which it is affixed
or extend above the top or beyond the sides of the wall to which it is affixed.
14.6.8
Projecting Signs
Where permitted, projecting signs be subject to the requirements noted below.
(a)
Projecting signs shall not have a sign face dimension that exceeds six (6) feet.
(b)
Projecting signs shall not project more than six (6) feet from the wall upon which it is attached.
(c)
Notwithstanding section 14.6.2, projecting signs in the Central Business (C2) Zone shall be
permitted to extend or project a maximum of six (6) feet beyond the front lot line with
provided permission from the road authority is granted.
(d)
Projecting signs shall have a minimum sign clearance of no less than ten (10) feet from grade.
(e)
Projecting signs shall not project above the eaves, parapet, or roof line of a building.
(f)
Projecting signs shall not be permitted to swing more than 15 degrees in either direction from
the vertical point of rest.
14.6.9
Roof Signs
Where permitted, roof signs shall be subject to the requirements noted below.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.6-4
(a)
Roof sign area shall not exceed 15 per cent of the wall and roof pitch area.
(b)
Roof signs shall not extend above the upper elevation of the roof.
14.6.10 Home-based Business Signs
(a)
Only one sign related to a home-based business shall be permitted on a lot.
(b)
Home-based business signs shall be only a ground signs or a wall signs.
(c)
Any lights for a home-based business sign shall be directed at the face of the sign.
(d)
Internally-lit signs shall be prohibited.
(e)
Home-based business signs shall have a maximum sign area of six (6) square feet and a
maximum height of six (6) feet.
14.6.11 Corner Directional Signs
Corner directional signs shall be permitted on corner lots in any Commercial or Industrial Zone within
a Growth Centre and shall be subject to the requirements noted below.
(a)
Corner directional signs shall have a maximum sign area of ten (10) square feet per business
and a maximum height of 35 feet.
(b)
The total area of a corner directional sign shall not exceed the maximum permitted sign area
for a ground sign permitted in the zone.
(c)
Notwithstanding clause (a) above, corner directional signs may be incorporated into a
permitted ground sign and shall be subject to the requirements for ground signs.
14.6.12 Park Signs
Park signs shall be subject to the requirements noted below.
(a)
Park signs shall not require a development permit provided any such sign is incorporated
into a permitted structure or sign and is not intended to be viewed from outside of the park.
(b)
Within a Residential Zone, park signs shall have a maximum sign area of 40 square feet and
a maximum height of ten (10) feet.
(c)
Within a non-residential zone, park signs shall have a maximum sign area of 100 square feet
and a maximum height of 20 feet.
14.6.13 Electronic Message Board and Changeable Copy Signs
Where permitted, electronic message board signs and changeable copy signs shall be subject to the
requirements noted below.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.6-5
(a)
Electronic message board signs and changeable copy signs shall be limited to a sign area of
40 square feet.
(b)
Electronic message board signs and changeable copy signs may be incorporated into a
permitted wall sign, ground sign or projecting sign, and shall be counted towards the
permitted maximum sign area.
(Amended October 1, 2024, File P21-01)
14.6.14 Landscape of Grand Pré Signs
Signs for the Landscape of Grand Pré shall be permitted in all zones and no permit shall be required,
provided the signs:
(a)
are erected, owned, and maintained by the Landscape of Grand Pré Inc, or any successor
body, Parks Canada, or the Municipality of the County of Kings; and
(b)
meet the requirements of the Landscape of Grand Pré Branding and Signage Study dated
March 2014 and the Sign addendum dated April 17, 2014, and including any further signs
authorized by Landscape of Grand Pré Inc. Or any successor body, and approved by the
Municipality, which meet the requirements of the Landscape of Grand Pré Branding and
Signage Study.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.6-6
14.6.15 Sign Requirements for Growth Centre Zones
In addition to the general sign provisions, all signs within a Growth Centre must comply with the
following requirements:
GROWTH CENTRE ZONES
C1, M1, M2, C5, C6, I1
C2, C3, P1
Non-residential
Uses in Residential
Zones
(a)
Permitted signs
- 1 Ground Sign
- 1 Projecting Sign
- 1 Roof Sign
- Any number of wall
signs up to the
maximum permitted
sign area
- 1 Ground Sign
- 1 Projecting Sign
- 1 Roof Sign
- Any number of wall
signs up to the
maximum permitted
sign area
- 1 Ground Sign
- Any number of wall
signs up to the
maximum
permitted sign area
(b)
Ground Signs
(i) Max height
(ii) Max sign area
35 ft.
200 sq ft.
35 ft.
150 sq ft.
10 ft
40 sq ft.
(c)
Special
requirements
None
No internally lit signs in
the C2 Zone in Port
Williams
No internally lit signs in
the C3 Zone.
No internally lit signs
Amended October 1, 2024, File P21-01
By-law #106 - Land Use By-law
Section 14: General Regulations
14.6-7
14.6.16 Sign Requirements for Rural Zones
In addition to the general sign provisions, all signs located outside of a Growth Centre shall comply
with the following requirements:
Non-residential
Uses -
A5 Zone
Non-residential Uses
-A1, A2, A3,C4, C5,
M3, N1, N2, P1, I1,
T1 & T2 Zones
Residential Uses - All
Rural Zones
(a)
Permitted signs
- 1 Ground Sign
- 1 Projecting Sign
- 1 Roof Sign
- Any number of wall
signs up to the
maximum permitted
sign area
-
1 Ground Sign
-
1 Projecting Sign
-
1 Roof Sign
-
Any number of wall
signs up to the
maximum permitted
sign area
- 1 Ground Sign
- 1 Projecting Sign
- 1 Roof Sign
- Any number of wall
signs up to the
maximum permitted
sign area
(b)
Ground Signs
(i) Max height
(ii) Max area
20 ft.
150 sq ft.
20 ft.
150 sq ft.
10 ft.
40 sq ft.
(c)
Special
requirements
No internally lit signs
No internally lit signs in
the A1, A2, N1, N2, T1,
P1, I1
No internally lit signs
Amended October 1, 2024, File P21-01
By-law #106 - Land Use By-law
Section 14: General Regulations
14.6-8
By-law #106 - Land Use By-law
Section 14: General Regulations
14.7-1
14.7
USES CONSIDERED BY DEVELOPMENT AGREEMENT IN ALL ZONES
The Municipal Planning Strategy provides that the items detailed below may be considered by
development agreement:
14.7.1 Energy Generation and Conservation Systems
Development of energy generation or conservation systems in accordance with policy 2.8.15 of
the Municipal Planning Strategy.
14.7.2 Unique Sites and Structures
Development of unique sites and structures in accordance with policy 2.9.7 and policy 2.9.8 of the
Municipal Planning Strategy.
14.7.5 Expansion of Non-conforming Uses and Structures
(a)
Extension, enlargement, alteration of a non-conforming use in a structure, the
reconstruction of a non-conforming structure or the extension of a non-conforming use of
land in accordance with policy 3.0.3 of the Municipal Planning Strategy.
(b)
A change in use of a non-conforming use of land or a non-conforming use in a structure
to another use not permitted within the underlying zone in accordance with policy 3.0.4 of
the Municipal Planning Strategy.
(c)
The recommencement of a non-conforming use that has been discontinued for a period
exceeding 12 months or for the re-use of a structure that was originally used for a non-
conforming use in accordance with policy 3.0.5 of the Municipal Planning Strategy.
14.7.6 Future Growth Centre Expansion Areas
Proposals for commercial or industrial development within Future Growth Expansion Areas in
accordance with policy 2.1.12 of the Municipal Planning Strategy.
14.7.7 Alternate Services
Proposals that use alternate services in accordance with policy 2.3.9 of the Municipal Planning
Strategy.
By-law #106 - Land Use By-law
Section 14: General Regulations
14.7-2
By-law #106 - Land Use By-law
Section 15: Alternative Energy Generation Regulations
15-1
Section 15 - ALTERNATIVE ENERGY GENERATION REGULATIONS
15.1 Summary of Alternative Energy Overlay Names and Symbols
Overlay Name
Symbols
Large-scale Wind Turbine Overlay
WO
15.1.2 Application of Overlay
The Large-scale Wind Turbine Overlay (WO) is shown on the Land Use By-law Zoning Map. In
addition to the underlying zone requirements, the requirements of the overlay shall apply to the
development of large scale wind turbines, in accordance with policy 2.8.7 of the Municipal
Planning Strategy.
15.1.3 Large-scale Wind Turbine Overlay
In addition to the uses permitted within the underlying zone within the Large-scale Wind Turbine
Overlay, the following additional uses shall be permitted:
Large-scale Wind Turbines
15.1.4 Large-scale Wind Turbines
In addition to the requirements of section 14.3 related to wind turbines, large-scale and utility-
scale wind turbines shall be subject to the criteria noted below.
(a)
Large-scale wind turbine means a wind turbine with a height greater than 115 feet.
(b)
Utility-scale wind turbine means two or more large-scale wind turbines that feed electricity
into the utility grid for the principal purpose of generating electricity for off-site
consumption.
(c)
Large-scale wind turbines and utility-scale wind turbines shall be set back a distance 1.5
times the height of the wind turbine from lot lines and public rights-of-way. Where a lot
line is common to two lots located within the same wind turbine project, no setback is
required from that lot line.
(d)
The location of all large-scale wind turbines or utility-scale wind turbines shall be confirmed
by a location certificate prepared by a surveyor licensed to practice in Nova Scotia.
(e)
Rotor blade clearance shall be at least 25 feet from grade for large-scale wind turbines or
utility-scale wind turbines.
(f)
Large-scale wind turbines or utility-scale wind turbines shall not present a flight hazard or
interfere with radio, telecommunications, or radar, as evidenced by a letter of no objection
from the Department of National Defence, Transport Canada, NavCan, and/or other
applicable agencies.
By-law #106 - Land Use By-law
Section 15: Alternative Energy Generation Regulations
15-2
(g)
Large-scale wind turbines and utility-scale wind turbines shall have a separation distance
between turbines equal to at least the height of the tallest wind turbine.
(h)
A permit for large-scale wind turbines or utility-scale wind turbines may be issued on a lot
without frontage on a public road provided proof of access can be demonstrated.
(i)
The owner or leasee of the land on which wind turbines are located shall notify the
Municipality within one calendar year of wind turbine inactivity and shall remove any wind
turbines and associated infrastructure within two calendar years of wind turbine inactivity.
(j)
Development permit applications for large-scale wind turbines or utility-scale wind turbines
shall, in addition to standard required information and the requirements of section 14.3.31,
be accompanied by the items noted below.
(i)
Site plan(s) showing all proposed and existing wind turbines, buildings, roads,
boundaries, and natural features.
(ii)
An emergency response and fire safety plan approved by the Municipal Emergency
Coordinator.
(iii)
A decommissioning and reclamation plan that includes provisions for the removal of
all structures associated with the large-scale wind turbines or utility-scale wind
turbines.
(iv)
Any other information required by the Development Officer to determine whether
the development conforms to this By-law.
By-law 106 - Land Use By-law
Part 4: Process
16-1
Part 4 PROCESS
Section 16
DEVELOPMENT APPLICATION
PROCESS
By-law 106 - Land Use By-law
Part 4: Process
16-2
By-law 106 - Land Use By-law
Part 4: Process
16-3
Section 16 - DEVELOPMENT APPLICATION PROCESS
16.1
APPLICATION FOR DEVELOPMENT PERMIT
16.1.1
An application for a development permit shall include all items noted below.
(a)
A completed application form signed by the applicant (registered owner of the land or
their representative or agent certified as such).
(b)
The application fee in accordance with the Fees Policy, as adopted by resolution of
Council.
(c)
An accurate and complete statement of the proposed uses and scope of work.
(d)
A site plan for the land to be developed, drawn to scale, showing such information
deemed necessary by the Development Officer which may include the following:
(i)
Shape and dimensions of the lot
(ii)
Identification of all abutting roads and existing and/or proposed access to the
development
(iii)
Identification of all rights-of-way and easements within the subject property
(iv)
Identification of all watercourses
(v)
Location and dimensions of existing and proposed buildings including distances
from lot boundaries
(vi)
Proposed parking spaces and traffic aisles including dimensions
(vii)
Location of garbage storage areas or enclosures
(viii) Location of any required vegetation, fences, or buffering
(ix)
Location of any required amenity areas and pedestrian pathways
(x)
Sign location and details
(xi)
North arrow and date of drawing
(e)
Floor plans and elevations of the proposed development, drawn to a scale acceptable to
the Development Officer.
(f)
Any additional information as required by the Development Officer in order to evaluate
any application in accordance with this By-law and in accordance with policy 5.2.1 of the
Municipal Planning Strategy.
16.1.2
In addition to the requirements of 16.1.1, a stormwater management plan prepared by a
Professional Engineer licensed to practice in the province of Nova Scotia and consistent with the
Municipal Specifications may be requested by the Development Officer as part of the
development permit application materials. (Amended September 2, 2025, File 25-09)
By-law 106 - Land Use By-law
Part 4: Process
16-4
16.2
DECISIONS OF DEVELOPMENT OFFICER
16.2.1
A development permit shall be issued by the Development Officer in accordance with the Act
provided:
(a)
the proposed development is in conformance with this By-law;
(b)
the Development Officer has granted a variance pursuant to Section 235 of the Act; or
(c)
the proposed development is in conformance with an approved development agreement
pursuant to Section 228 of the Act.
16.2.2
The Development Officer shall refuse a development permit application in accordance with the
Act where the proposed use is not permitted and/or if it does not meet the requirements of this
By-law.
16.2.3
The Development Officer may revoke a development permit where information provided on the
application is found to be inaccurate or if the development is not in compliance with the scope
of work approved on the development permit.
16.2.4
A location certificate prepared by a registered member in good standing of the Association of
Nova Scotia Surveyors shall be required for the following developments:
(a)
New buildings containing main uses;
(b)
Any development where the Development Officer is unable to determine whether the
proposed development confirms to this By-law and other by-laws and regulations in force
which affect the proposed development; and
(c)
Notwithstanding (a) and (b) above, new buildings containing agricultural, forestry or
fishing use may be exempted provided they are not the first building on the lot.
(Section added October 1, 2024, File P21-01)
16.3
VARIANCE AUTHORITY
16.3.1
The Development Officer may grant a variance pursuant to Section 235 of the Act and in
accordance with policy 5.2.3 of the Municipal Planning Strategy.
16.3.2
In the event that a variance is granted, the Development Officer shall specify the nature of the
approved variance in the development permit approval.
16.4
TIMEFRAME OF DEVELOPMENT PERMITS
16.4.1
Every development permit issued under this By-law shall automatically lapse, and become null
and void if the development to which it relates has not commenced and 12 months have passed
since its issuance, in accordance with policy 5.2.2 of the Municipal Planning Strategy.
16.4.2
A development permit may be renewed provided the proposed development is in conformance
with the By-law that is in force at the time of application for renewal in accordance with the Act.
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Part 5: Definitions
Part 5 DEFINITIONS
Section 17
DEFINITIONS
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Section 17 - DEFINITIONS
For the purposes of this By-law, all words have the meaning or meanings that are assigned to them by
accepted English dictionaries, except for the words that are defined in this section.
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Abattoir means a building, structure, land, or part thereof, used for the slaughtering and processing of
animals. The housing of live animals is limited to those to be slaughtered and not for the purpose of
fattening animals.
Abut means where properties or lots share a common lot line or a common point along a lot line.
Accessory Building means a detached building located on the same lot as a main use or main building, the
use of which is incidental or secondary to that of the main building and which is not used for human
habitation, unless otherwise permitted in the zone. For clarity, a breezeway may connect the accessory
building and is only considered ornamental in nature.
Accessory Commercial Patio Area means an outdoor area that is accessory to a main commercial use
located within a building on the property. The area may include outdoor seating areas, fire pits, and
other open air structures. (Added November 4, 2025, File 25-01)
Accessory Dwelling means one (1) self-contained residential unit that is wholly contained within an
Accessory Building. (Amended October 3, 2023, File 22-04)
Accessory Use means a use that is subordinate or incidental to the main use on a lot and/or in a building
and includes, where permitted, the construction of dwellings and other accessory buildings for the
operation of the main use.
Aggregate Related Industries means a building, structure or land, or part thereof, used for aggregate
processing, storage, and related uses including, but not limited to asphalt processing, concrete
batching and component manufacturing, sand pit operations and mineral bulk storage but excludes
uses ancillary to Aggregate Resource Extraction.
Aggregate Resource Extraction means sand, gravel and mineral extraction including pits and quarries
conducted under a permit issued by the Province of Nova Scotia and includes ancillary activities such
as crushing.
Agricultural Equipment and Parts, Sales, and Service means land, a building, or a portion of a
building used to sell, lease, rent, service, or repair agricultural equipment or agricultural equipment
parts.
Agricultural Related Industries means a building, structure, or land, or part thereof, used for processing
agricultural crops, including, but not limited to, sorting, grading, packaging, food and feed preparation,
fertilizer production, brewing, wine-making and similar uses but excludes Abattoirs and Animal By-
products Plants. For clarity, Agricultural Related Industries are not required to be associated with a
farming business.
Agricultural Use means the use of land, buildings, or structures for the cultivation of crops such as, but not
limited to, corn, hay, fruit and vegetables and shall include a greenhouse. This definition includes bee
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keeping and animal pasturing but excludes buildings for the raising of animals, which is covered by the
definitions of livestock operation and household livestock.
Agritainment Use means an agricultural-themed entertainment use such as, but not limited to, petting
zoos, hay rides, u-picks, pumpkin patches, play areas, games, mazes, trails, farm tours, workshops, farm
demonstrations, theatres, museums and other indoor or outdoor entertainment uses based on
agricultural topics and/or using agricultural props.
Amenity area means the area(s) that form part of a multi-unit residential development intended for
recreational purposes, and shall include one or a combination of the following:
(a)
common outdoor spaces that are accessible to all residents within the residential development
and may include spaces such as play areas, swimming pools, tennis courts, or sports fields.
Such areas shall be of a size and shape that can reasonably be used for recreation purposes
and shall be, at a minimum, cleared, leveled and grassed or otherwise landscaped;
(b)
private outdoor spaces that are provided as a separate spaces to the residential units and may
include spaces such as decks, patios, or balconies; and/or
(c)
indoor common spaces that are provided within multi-unit buildings in such a way that they
are accessible to all residents of the dwelling and may include spaces such as gyms, lounges, or
games rooms.
Animal Boarding Facility means a building or part of a building where domestic household animals are
kept, boarded, bred, or offered day care and may include an animal shelter or a kennel.
Animal By-products Plant means a building, structure, land, or part thereof, used for the processing
and/or rendering of animal carcasses and animal parts and excludes abattoirs and processing for
human consumption.
Animal Unit means one or more farm animals, as specified in the following table. For the purpose of
calculating the number of animals units permitted on a property the following steps described below
will be used:
(a)
Young offspring are permitted and not counted towards the total number of animal
units until fully grown.
(b)
Animal unit fractions are rounded to the nearest whole Animal Unit.
(c)
Farm animals that are not listed in the table are counted according to the most similar
type of animal listed in terms of size and characteristics.
(d)
Combinations of different types of livestock, calculated on a fractional basis, are
permitted provided the total maximum number of animal units is not exceeded.
(e)
For operations primarily involving the raising of young farm animals, the animals are
counted according to the below table, multiplied by four times the number of animals
equal to one animal unit.
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Type of Animal
Number of Animals Equal to One
Animal Unit
Cows (all types)
1
Horses
1
Miniature Horses/Ponies
2
Sheep/Goats
4
Fowl excluding Turkeys
20
Turkeys
5
Pigs
2
Mink
20
Rabbits
20
Llamas/Alpacas
2
Ostriches/Emus
2
Antenna means a device or combination of devices used, intended to be used, or capable of being used for
telecommunication. Most antennas have their own integral mast so that they can be fastened directly
to a building or tower. Where this document refers to an antenna, the term includes the integral mast.
Antenna System means a system normally composed of an antenna and some sort of supporting structure,
normally a tower including but not limited to lattice towers, guy towers, or monopole towers.
Arts and Cultural Centre means any use or combination of uses dedicated to preserving, developing, and
educating the public in the visual and performing arts, music, culture and learning, including such uses
as art galleries, museums, archives, theatres, makeries, and any uses accessory thereto.
Attached building means a building that may be otherwise complete in itself, that depends upon a division
wall or walls shared in common with an adjacent building(s) for complete enclosure. For clarity, two
buildings connected by a breezeway are not attached. For the purposes of determining setbacks, an
attached building will be considered part of the main building.
Automotive Repair means a building or a portion of a building used to repair and/or paint the body or
engine of a motorized vehicle, including but not limited to motor vehicle detailing and sandblasting.
Unless otherwise controlled by a zone provision, this use may include the accessory display of up to six
vehicles for sale, lease or rental.
Automotive Sales and Rental means land, a building, or a portion of a building used to sell, lease, or rent
motor vehicles and unless otherwise restricted by zone provisions this use may include accessory
automotive repair, washing, detailing, and retail sales of automobile parts.
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Back Lot means a lot situated back from and therefore not directly abutting the shore of a lake and
separated from the lake by a private or public road or waterfront lot.
Bed and Breakfast Operation means a residential unit in which overnight accommodation is provided to
the public and in which meals may be provided only to overnight guests, and which is the principal
residence of the owner of the bed and breakfast operation.
Boathouse means a structure designed and constructed to shelter boats and other watercraft and shall not
be used for human habitation or other uses unrelated to the storage of boats.
Breezeway means a roofed open passage connecting two or more buildings.
Building means a type of structure, whether temporary or permanent, that is roofed and that is used for the
shelter or accommodation of persons, animals, material or equipment.
Building and Construction Contractors means land, a building, or portion of a building used by general
purpose and specialized building and construction contractors, including, but not limited to, well
drillers, plumbers, carpenters, electricians, heating and air conditioning technicians, storage, repair,
preparation and other uses related to the operation of the business as well as residential and
commercial cleaning for office uses.
Building Envelope means the portion of a lot within which buildings may be constructed.
Building Footprint means the area of a building where it meets the ground measured to the outside of
exterior walls and to the centre line of party walls, including covered porches and verandas, but
excluding uncovered building features such as decks, patios, steps, ramps and other similar building
features.
Building Line means any line regulating the position of a building or structure on a lot with respect to lot
lines.
Bulk Chemical Storage means the storage of chemicals, including chlorinated organic compounds,
herbicides, fertilizers, and pesticides for use on- or off-site, but excluding materials in packages or
containers intended for retail sale to the public.
Bulk Fuel Storage means the storage of petroleum or hydrogen fuels or solvents for use on- or off-site, but
excluding materials in packages or containers intended for retail sale to the public, fuels for on-site
space heating of commercial or residential buildings, and fuels for on-site fueling of vehicles.
Bulk Mineral Storage means the storage of salt or other similar de-icing agents, sand, gravel, gypsum, or
other similar materials for use on- or off-site, but excluding materials in packages or containers
intended for retail sale to the public.
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Bunkhouse means a building that is not a complete dwelling but is intended to serve primarily as sleeping
quarters for one or more persons employed in the farming business and is located on the farm
property where the farming business operates.
Bus/Taxi Stations means a building, structure, or land use where commercial motor vehicles pick up and
drop off fare-paying passengers and may include bus bays and shelters, ticket offices, luggage
checking facilities, and similar uses.
Business Office means a building or part of a building where persons are employed in the managing,
directing, or conducting of a service on behalf of clients such as a financial institution (bank, insurance
agency), a professional office (doctor, dentist, lawyer, engineer, surveyor), a government office, a call
centre, or a business office of a non-profit charitable organization, but does not include a medical or
dental clinic.
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Campground means a building, structure, land, or part thereof used for a range of overnight camping
experiences from tenting to recreational cabins to serviced recreational vehicle sites and includes
accessory facilities that support camping, including, but not limited to, administration offices, laundry
facilities, recreation halls and canteens, but does not include the use of mobile homes or recreational
vehicles on a permanent year-round basis.
Carwash Facility means a building, structure, land, or part thereof, used to clean the exterior and/or interior
of vehicles, including washing by hand, automated equipment, and automotive detailing.
Cemetery means land, and any associated buildings and structures, used to permanently bury or contain
human or pet remains.
Centreline means the imaginary line that is equidistant from the two sides of the highway right-of-way.
Where the exact location of right-of-way cannot be determined, the centreline is midway between the
edges of the travelled surface.
Change in Use means any alteration in the use made of the whole or any part of a parcel of land, a building,
or a structure.
Commercial Floor Area means the total usable floor area within a building used for commercial purposes,
but excludes washrooms, furnace and utility rooms, storage and kitchen areas, and common areas
between stores. Where a use includes a commercial accessory patio area, that area shall be included
as commercial floor area. (Amended November 4, 2025, File 25-01)
Commercial Vehicle means a vehicle that is used for an activity that has as its main purpose financial gain,
and which vehicle has a specified load capacity of over one tonne.
Community Facility means any community building, structure, or land owned and/or operated by a village
commission, service club, recreation association or other form of local registered community
association used for public purposes, such as, but not limited to, local government offices, libraries,
and community centres but excludes emergency services.
Composting Facility means a building, structure, land, or part thereof used for the biological composting
of organic materials, substances, or objects, including vegetative matter; food processing waste;
landscaping, garden and horticultural wastes; kitchen scraps; feed processing wastes; and other
organic wastes that can be readily composted under controlled circumstances to a condition
sufficiently stable for nuisance-free storage.
Construct means to build, erect, reconstruct, alter, relocate, or place any building or structure and, without
limiting the generality of the foregoing, includes any preliminary physical operation prior to
construction such as excavating, grading, piling, cribbing, filling, or draining.
Construction and Demolition Debris Disposal Site means a building, structure, or land, or part thereof
licensed by Nova Scotia Environment and used for the disposal, stockpiling, storage, separation, and
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processing of materials that are normally used in the construction of buildings, structures, roadways,
walls, and other landscaping material and includes, but is not limited to, soil, asphalt, brick, mortar,
drywall, plaster, cellulose, fibreglass fibers, lumber, wood, asphalt shingles and metals.
Convenience Store means a building or part of a building used for the retail sale of a limited line of
groceries and confectionery items.
Corner Lot means a lot situated at the intersection of, and abutting on, two or more roads.
Correctional Centre means a facility to house youths or adults in the custody of or sentenced by a court of
law, and which is licensed by or under contract to Corrections Canada or Nova Scotia Corrections or
successor bodies.
Council means the Municipal Council of the Municipality of the County of Kings.
Craft Product means products assembled or made by hand or small custom production processes including
but not limited to potters, pewterers, goldsmiths, silversmiths, jewellers, toymakers, leatherworkers,
upholsterers, woodworkers, furniture makers, musical instrument makers, clothing designers and
makers, shoemakers, antique refinishers, glass or stained glass workers, and caterers.
Crematorium means a building or part of a building used to cremate human or animal corpses.
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Day Care Facility means a building or part of a building where four or more people are cared for on a daily
basis without overnight accommodation.
Developer means any person, incorporated body, partnership, or other legal entity that undertakes a
development.
Development includes any erection, construction, demolition, alteration, replacement, relocation of or
addition to any building or structure and any change or alteration in the use made of land, buildings or
structures.
Development Agreement means a development agreement pursuant to section 225 of the Municipal
Government Act, S.N.S., 1998, section 18.
Domestic Animal Grooming means a building or a part of a building used for the grooming of domestic
dogs and cats.
Drive-through Facility means a building or part of a building used for the sale and provision of goods or
services through an attendant or a window or an automated machine to persons remaining in vehicles
that are in a designated stacking aisle.
Drive-through Restaurant means a building or part of a building used as a restaurant, as defined in this
By-law, that also, or exclusively, offers food and beverages for sale to the public through a drive-
through facility.
Dry-cleaning Depot means a building or part of a building used for the purpose of receiving articles to be
subjected to the process of dry-cleaning at, and shall not include a dry-cleaning facility.
Dry-cleaning Facility means a building or part of a building where dry-cleaning, dry-dyeing, cleaning or
pressing of articles or goods or fabric is conducted.
Dwelling means a building, or portion thereof, occupied or capable of being occupied as a home or
residence by one or more persons, containing one or more residential units, but does not include a
bunkhouse, a farm tenement, a hotel, a motel, a motor home, a travel trailer or other recreational
vehicle.
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Educational Facilities means a building, structure, land, or part thereof used to operate a school, including,
but not limited to, public and private elementary and high schools, vocational schools, continuing
education facilities, post-secondary schools and training centres, but does not include a day care
facility.
Emergency Services means a building, structure, land, or part thereof that is a base of operations for a fire
department, police department, ambulance services or other similar emergency service provider.
Equipment Rental means a commercial business that rents construction and property maintenance
equipment and may involve outdoor storage and commercial display.
Established Grade means the average level of finished ground adjoining each exterior wall of a building or
structure, except that localized depressions such as vehicle and pedestrian entrances need not be
considered in determination of average levels of finished ground.
Existing means any use, structure, lot line, or other referenced item that legally existed on the date of
adoption of this By-law.
Existing Residential Uses means a residential use that legally existed, including legal non-conforming
residential uses, on the date of adoption of this By-law.
Event Venue means a building, structure, land or part thereof used to host commercial events including, but
not limited to, weddings, parties or other gatherings and may include the consumption of food and
alcoholic beverages but shall not include a restaurant.
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Farm means land used for farming as defined in the Income Tax Act (Canada), as amended from time to time.
Farming Business means farming business within the meaning of the Income Tax Act (Canada), as
amended from time to time, that reports agricultural income or expenses to the Canada Revenue
Agency, or successor body.
Farm Dwelling means a dwelling accessory to a farming business containing one or two residential units
located on a farm property and that is occupied by the individual directly responsible for managing a
farming business (the "farmer") and provided that
(a)
The farm property is owned by:
(i)
the farmer;
(ii)
if the property owner is a personal trust, the farmer is a beneficiary of the trust that is
entitled to receive directly from the trust any income or capital of the trust;
(iii)
a spouse, common-law partner, parent or child of the person referred to in (i) or (ii)
(iv)
a family farm corporation where any persons in (i) to (iii) above owns shares in the
corporation, or
(v)
a partnership, an interest in which is an interest in a family farm partnership of an
individual referred to in any of (i) to (iii) above; and
(b)
the person referred to in (a) is actively engaged on a regular and continuous basis in the
farming business for which the property is used.
Farm Market Outlet means a building directly associated with a farming business on the farm property
from which farm produce is sold directly to the general public.
Farm Property means the real property used principally in the course of carrying on a farming business.
Farm or Vineyard Product Sampling means an accessory use associated with a farming business that
involves the sampling of farm or vineyard products such as, but not limited to, wines, ciders, cheese,
maple syrup, and other foods and beverages provided some of the principal ingredients for the
sampled product is harvested on site.
Farm Supportive Use means the use of a lot or buildings on that lot for uses such as, but not limited to,
agricultural warehousing, processing, sorting, grading, packaging, offices, and transport facilities
located on the farm property and associated with a farming business.
Farm Stay means a type of overnight accommodation associated with a farming business and on a farm
property that provides opportunities for guests to learn about, and/or participate in farming activities
and is accessory to a farming business.
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Farm Tenement means a building containing one or two residential units that is accessory to a farming
business, not the main building on the property, and is used to accommodate the workers of said
farming business and is not considered a dwelling under the Municipal Government Act.
Fish and Seafood Processing means a building, structure, or land, or part thereof used for processing fish
and other types of seafood.
Fish Farm means a commercial business primarily involved in the breeding and maintenance of live fish and
shellfish.
Fishing Uses means uses supportive of the fishery, including general storage, boat launches and repair
facilities.
Fixed Roof Overnight Accommodation means a building or buildings providing overnight
accommodation to the travelling public, which may or may not contain an accessory eating
establishment, but does not include a bed and breakfast operation.
Flag Lot means a lot located on the interior of the block with access provided by a driveway running beside
the lot at the front of the block, and is characterized as having a long, narrow strip of land that
accesses the rear, developable portion of the lot.
Flankage Lot Line means a side lot that meets the special circumstances noted in Clause (a) in the
definition of "Front Lot Line".
Flankage Setback means the required minimum depth of a flankage yard on a lot between the flankage lot
line and the nearest applicable point of a building or structure.
Flankage Yard means the yard that extends from the front yard to the rear yard between the flankage lot
line and the nearest applicable point of a building or structure.
Floor Area means commercial floor area or gross floor area, as applicable.
Food and Drink Production means a facility in which food or drinks are processed or otherwise prepared
for eventual human consumption but are not intended to be consumed on site.
Forest Industry Use means a building, structure, land, or part thereof used for milling, sawing, processing,
storage, and/or transport of lumber, wood pellets, sawdust and Christmas trees.
Forestry Use means forest harvesting, reforestation, tree nurseries, maple sugar operations and similar uses
related to the forestry industry including portable sawmills, equipment storage buildings, and other
temporary uses supportive of land clearing activities.
Front Lot Line means the lot line dividing the lot from the road, and:
(a)
In the case of a corner lot, the shorter lot line abutting the road shall be deemed to be the
front lot line and the longer lot line abutting the street shall be deemed the flankage lot line.
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(b)
In the case of a through lot, both of the lot lines dividing the lot from a road shall be deemed
to be the front lot line.
Front Setback means the required minimum depth of a front yard on a lot between the front lot line and
the nearest applicable point of a building or structure.
Front Yard means a yard extending across the full width of a lot between the front lot line and the nearest
applicable point of a building or structure on the lot.
Funeral Home means a building or part of a building providing funeral services. Such a facility may include
accessory uses such as, but not limited to, embalming, cremation and the storage and retailing of
caskets and other related funeral supplies.
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Gas Bar means a facility offering service to automobiles generally limited to the sale of gasoline or diesel fuel
but shall not include automotive repair.
Gas Bar Canopy means a permanent roofed structure that is open on all sides, except where attached to a
building, and used to provide shelter for fuel pumps.
Glazing means reflective, translucent or transparent glass surfaces such as windows and glass doors which
are installed on the exterior of a building.
Golf Course and Driving Range means a building, structure, land, or part thereof used for golfing,
including, but not limited to, driving ranges, club houses and maintenance facilities.
Goods and Services Shop means a building or part of a building used for the provision of a service that
may require limited processing and the sale of goods directly related to that service which may include,
but is not limited to a photography studio, dressmaker or tailor, embroidery or silk screening, and
printing services.
Greenhouse means a building or structure having a roof and/or walls constructed with transparent or
translucent materials and used for the growing of flowers, plants, shrubs, trees, and similar vegetation
which are not necessarily transplanted outdoors on the same lot containing such greenhouse, but may
be sold directly from such lot at wholesale or retail. For greater clarity, the retail sale of flowers, plants,
shrubs, trees, and similar vegetation independent of their cultivation is not considered a greenhouse.
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 forming a court yard are
deemed to be exterior walls.
Ground Floor Height means the vertical distance from the finished floor elevation of the floor of a building
accessed by the principal pedestrian entrance to the finished floor elevation of the next floor above.
For buildings with multiple principal pedestrian entrances at different elevations, the ground floor
height shall only apply to one such floor of the applicant's choosing. (Amended May 2, 2023, New Minas
Secondary Plan)
Grouped Dwellings means two or more one or two unit dwellings located on one lot. For clarity, this
definition shall not include mobile homes.
Growth Centre means an area designated for more concentrated development as identified in the
Municipal Planning Strategy and depicted on the Zoning Maps.
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Heavy Equipment Facilities means land, a building or a portion of a building used to sell, lease, rent,
service, or repair heavy equipment or heavy equipment parts, including trucks, airplanes, construction
machinery, forestry equipment, agricultural equipment, and related machinery.
Height means the vertical distance of a building between the established grade and:
(a)
the highest point of the roof surface or the parapet, whichever is the greater, of a flat roof;
(b)
the decline of a mansard roof; or
(c)
the mean level between eaves and ridges of a gabled, hip, gambrel or other type of pitched
roof;
but does not include any construction used as ornamentation or for the mechanical operation of the
building, a mechanical penthouse, chimney, tower, cupola or steeple.
Holding yard means land used for the temporary storage of vehicles awaiting repair, collection, processing,
and/or salvage of vehicles and parts of vehicles and/or appliances and other scrap reclaimable items.
(Amended October 1, 2024, File P21-01)
Home-based Business means an accessory use of a residential unit for employment involving the
manufacture and/or sale of goods and/or services to the public and where the residential unit is the
principal residence of the business operator.
Home Day Care means a home-based business where up to fourteen people are cared for on a daily basis.
Hospital means hospital within the meaning of the Hospitals Act.
Household Item Repair Services means a building or part of a building used for the repair and/or
accessory sale of household appliances, furniture or equipment, such as, but not limited to, the repair
of televisions, computers, electronics, kitchen appliances, hand tools, bicycles, and vacuum cleaners,
but does not include the manufacturing, repair or servicing of combustion engines.
Household Livestock means livestock accessory to a residential use contained within the limits of the
property by means of fencing, enclosures, or buildings without expectation of being a primary source
of income. Combinations of different types of livestock, are permitted provided the total maximum
number of five (5) animal units is not exceeded.
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Indoor Recreation Uses means a building or structure used for recreational, instructional and/or
entertainment purposes including, but not limited to, cinemas, bowling alleys, fitness clubs, curling
rinks, dance studios, gymnasiums, arenas and swimming pools.
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Landscaping means any combination of trees, shrubs, flowers, grass, or other horticultural elements,
decorative stonework, paving, grading, screening or other architectural elements, all of which is
designed to enhance the visual amenity of a property or to provide a screen or barrier to mitigate any
objectionable aspects that may detrimentally affect adjacent land.
Laundromat means a building or part of a building where washing and drying machines are provided for
rental use to the general public and may include a drop-off service but shall not include a dry-cleaning
facility.
Licensed Liquor Establishment means a cabaret, lounge, beverage room, and/or bar licensed under the
Nova Scotia Liquor Control Act.
Livestock Operations means a livestock operation in which a number of animals exceeding five (5) animal
units are confined to a barn, feedlot or other facility for feeding, breeding, milking or holding for
riding, eventual sale or egg production and may include a manure storage facility but does not include
Household Livestock. (Amended October 1, 2024, File P21-01)
Lot means any parcel of land that is contained as a separate lot description in a deed of land or as shown as
an approved lot on an approved plan of subdivision filed in the Land Registry Office, or successor
body.
Lot Area means the total horizontal area within the lot lines of a lot.
Lot Frontage means the horizontal distance between the side lot lines measured at the minimum front
building line required in the zone in which the lot is located.
Lot Line means a boundary delineating the extent of property ownership.
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Main Building means a building in which a principal use of a lot is conducted.
Manufacturing means a building, structure, land, or part thereof used for the purpose of manufacturing,
assembling, making, preparing, inspecting, finishing, treating, altering, repairing or adapting for sale of
any goods, substances, article or thing, and includes accessory warehousing of materials and products.
Marine Shoreline means the top of bank of the Minas Basin or Bay of Fundy coasts at the time of
permitting.
Marine Shoreline Setback means the minimum horizontal distance from the marine shoreline to the
nearest applicable point of a building or structure.
Medical and Dental Clinic means a building or part of a building in which medical and/or dental diagnosis
and treatment are provided to the public by two or more practitioners without overnight
accommodation. (Amended October 1, 2024, File P21-01)
Meteorological Tower means a tower used for supporting meteorological equipment to assess the wind
resource and other meteorological data at a predetermined height above the ground.
Mini-home means a dwelling that may contain one or two residential units, and that is designed for
transport after fabrication, whether or not on its own wheels or on a flatbed or other trailer, and that
arrives on the site where it is to be occupied as a dwelling, complete and ready for occupancy, except
for minor or incidental unpacking and assembly, and that does meet the standards for residential
occupancy as described in the National Building Code of Canada as adopted in the Building By-law of
the Municipality of the County of Kings.
Mobile Home means a portable dwelling that may contain one or two residential units built on a chassis or
undercarriage and designed to be transported from its place of fabrication or sale to a lot, whether or
not placed on permanent foundation, and that does not meet the standards for residential occupancy
as described in the National Building Code of Canada as adopted in the Building By-law of the
Municipality of the County of Kings and does not include a recreational vehicle.
Mini-home Park means a lot or area of land under single ownership designed and intended for residential
use where two (2) or more mobile-homes or mini homes are located for dwelling purposes.
Mobile Home Park - Existing means a mobile-home park as licensed under the Municipality of Kings
County Mobile Home Parks By-law, By-law #36, on the date of adoption of this By-law.
Multi-unit Dwelling means a dwelling containing three (3) or more residential units but excludes a
townhouse.
Municipal Engineer means an engineer licensed to practice in Nova Scotia appointed by Municipal Council.
Municipality means the Municipality of the County of Kings.
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Non-conforming means non-conforming as defined in the Nova Scotia Municipal Government Act.
Non-profit Camp means a recreational institution providing facilities for outdoor activities, sports, crafts and
other special interests and typically featuring rustic overnight accommodations.
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One Unit Dwelling means a dwelling containing one (1) residential unit, including a mini-home, or pre-
fabricated homes but excluding a mobile home or a recreational vehicle.
Open Air Structure means a structure, which may have a roof, that is open on all sides.
Outdoor Commercial Display means a display of goods on a lot for the purpose of encouraging the
purchase or rental of the display items or items similar to the display items including, but not limited
to, recreational vehicles, mobile homes, trailers, boats, all-terrain vehicles, snowmobiles, motorcycles,
swimming pools, decorative fountains, prefab cottages or homes.
Outdoor Storage means the accessory storage of any items outside a building not primarily for the
encouragement of sale of the item or of similar items but principally for storage purposes.
Owner means any person, incorporated body, partnership or other legal entity including 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 the control of any land or building in the event of the absence or disability of the persons
having the title thereof.
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Park means an area permanently devoted to recreational uses that is owned and/or operated by a
government or community organization to serve residents including, but not limited to, natural
landscapes, playgrounds, outdoor recreation facilities, monuments, trails and community gardens.
Parking Area means the portion of a lot or building used for the provision of parking and includes parking
spaces, traffic aisles, traffic islands and accesses from a road or from a parking area on an abutting lot.
Parking Lot means a building, structure, or land, other than a public road or highway, where one or more
parking areas are the principal use of the lot. Any parking garages and accessory buildings are
required to meet applicable setbacks.
Parking Space means an area, often designated or marked, for the temporary parking or storage of motor
vehicles and that has adequate unencumbered access to permit entrance and exit to and from a public
road or highway.
Personal Service Shop means a building or part of a building in which personal services related to
personal health and grooming are provided to individuals including, but not limited to, barber shops,
hair and nail salons, tattoo shops, massage therapy clinics, reflexology clinics, acupuncture clinics or
tanning salons.
Pit Privy (or Outhouse) means a structure and the pit over which the structure sits, in which human waste
is emitted from the pit into the soil.
Place of Worship means a building or part of a building dedicated to religious worship.
Private Road (or Street) means a private road as defined in the Provincial Subdivision Regulations (Nova
Scotia).
Professional Trades means a building or part of a building used for operations conducted by professional
tradespeople including but not limited to fabrication, maintenance, repair or restoration involving
welding, machining, sheet metal, electronics, refrigeration, small engine repair, painting, plastics,
acrylic, and fibreglass, sign production, and glazing shops.
Public Road (or Public Highway) means any road or highway owned and maintained by a municipality or
the Province of Nova Scotia excluding designated controlled access highways pursuant to section 21 of
the Public Highways Act.
Public Utility means a building, structure, or facility used to provide municipal or village water, sewer, storm
drainage, transportation, the generation or distribution of electricity and other similar public services
provided by another level of government, an agency regulated by another level of government or by a
private entity regulated by the Nova Scotia Utility and Review Board.
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Rear Lot Line means the lot line farthest from or opposite the front lot line.
Rear Setback means the required minimum depth of a rear yard on a lot between the rear lot line and the
nearest applicable point of a building or structure.
Rear Yard means a yard extending across the full width of a lot between the rear lot line and the nearest
applicable point of any main building or structure on the lot.
Recreational Cabin means a building intended for recreational overnight accommodation and is not used
as a permanent residence. (Amended October 1, 2024, File P21-01)
Recreational Vehicle means a vehicle, such as a camper or motor home, used for traveling and recreational
activities that are regulated under the Motor Vehicle Act but does not meet the definition of a derelict
vehicle under the Municipal Government Act.
Residential Care Home means the use of a dwelling that provides accommodation to individuals who, for
various reasons, require additional care including, but not limited to, medical care, counselling,
personal care, or supervisory care that is provided by staff in either a live-in or shift model.
Residential Facility means a building or part of a building operated as one integrated facility in which
accommodation is provided to individuals which includes additional care and services for residents,
such as medical care, supervisory or personal care, and counselling, but shall not include a facility that
is licensed by or under contract to Corrections Canada or Nova Scotia Corrections, or successor bodies.
Residential Garage means a building whether or not attached that is accessory to a dwelling and that is
used for storage by the residents of the dwelling.
Residential Unit means one or more habitable rooms designed, occupied, or intended for use by one or
more individuals as an independent and separate housekeeping unit in which a kitchen and sleeping
and sanitary facilities are provided for the exclusive use of such individual or individuals.
Restaurant means a building or part of a building where food and beverages are prepared and offered for
sale to the public for consumption either within the premises or to be taken off-site, but excludes a
drive-through restaurant. A restaurant may also include the licensed sale of alcoholic beverages as an
accessory use. (Amended October 1, 2024, File P21-01)
Retail Store means a building or a part of a building in which goods, wares, merchandise, substances,
articles, or items are offered or kept for sale directly to the public at retail value.
Road means a public road unless otherwise specified in the zone provision.
Local Road means a road located within a Growth Centre that is not identified as a collector road
on the Land Use By-law Zoning Map.
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Collector Road means a road located within a Growth Centre that is identified as a collector road
on the Land Use By-law Zoning Map.
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Salvage and Scrap Operation means a building, structure, land, or part thereof used to sort, store, or
dismantle vehicles, machinery, tires, metal, and other materials for reclamation, recycling, reuse or
remanufacture and may include a salvage yard, as defined by the Nova Scotia Environment Act as
amended from time to time, and may also include an accessory Storefront Recycling use.
Sanitary Service means a building, structure, land, or part thereof used for septic disposal services, portable
toilet services, and similar services, including maintenance and equipment storage facilities but shall
not include facilities and equipment related to the storage or processing of septic waste.
Secondary Suite means a self-contained subordinate residential unit that is located within a one unit
dwelling as an independent and separate housekeeping unit in which a kitchen, sleeping and sanitary
facilities are provided for the exclusive use of such individual(s). (Amended September 2, 2025, File 25-
09)
Semi-detached Dwelling means a residential dwelling that contains two (2) residential units that is divided
vertically by a wall extending ground to roof and may be divided by a lot line. For clarity, where
residential units are divided by a lot line, no additional units are permitted to be added within the
semi-detached dwelling. (Amended April 17, 2026, file P23-01)
Self Storage Facility means a building or a part of a building consisting of two (2) or more separate,
individual, small, self-contained units that are leased or owned for the storage of goods.
Separation Distance means the minimum required distance between the nearest applicable point of a
building or structure and a feature identified in applicable sections of this By-law. For clarity,
separation distances shall not qualify for a variance under section 235 of the Municipal Government
Act.
Setback means the required minimum or maximum horizontal distance between the nearest applicable
point of a building or structure to the respective lot lines or shoreline, including attached decks and
landings but shall exclude features that are permitted to project into the required setback by this By-
law.
Shoreline means the visible ordinary high water mark, at the time of permitting, of any lake, stream, or other
body of water where the presence and action of the water are so common and usual and so long
continued in all ordinary years as to mark upon the soil of the bed of the body of water a character
distinct from that of the banks, both in vegetation and in the nature of the soil itself.
Shoreline Setback means the required minimum depth from the shoreline of a water body and the nearest
applicable point of a building or structure.
Side Lot Line means a lot line other than a front or rear lot line and may also be defined as a flankage lot
line.
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Side Setback means the required minimum depth of a side yard on a lot between the side lot line and the
nearest applicable point of a building or structure.
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 applicable point of any building or structure on a lot.
Sign means any structure, device or light or any part thereof or any device attached thereto, or painted or
represented thereon, that is used to identify, advertise, or attract attention to any object, product, place,
activity, enterprise, organization, industry or business, or that displays or includes 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 defined
term, Sign, does not include signs that are affixed to the inside of windows or glass doors.
Address Sign means a sign identifying the civic address or name of residents or occupants of the
premises that is not greater than four (4) square feet in area.
Changeable Copy Sign (Manual) means a sign or part thereof, on which characters, letters, or
illustrations can be manually changed or rearranged without altering the face or surface of the sign.
Commemorative Sign means a sign or plaque denoting the date of erection of a structure as
well as signs identifying historic sites on the lot on which it is displayed.
Community Announcement Sign means a temporary sign announcing a campaign, drive or
event of a civic, philanthropic, educational, religious or political nature for a period not exceeding
30 days before the event and not more than seven (7) days following the event.
Community Identification Sign means a sign identifying the community in which it is displayed
and which may include the insignia of service clubs, religious, charitable or community
organizations.
Community Service Sign means an off-site sign, flag, pennant or insignia of a non-commercial
nature, identifying non-profit community service groups such as service clubs, religious, charitable
or fraternal organizations, and of not more than ten (10) square feet in sign area but does not
include signs identifying private clubs.
Construction Sign means a temporary sign located on a lot where construction or development
is taking place and, during the period of construction and/or development that identifies the
project, owners, architects, engineers, contractors, or financiers or other professional consultants
participating in construction on the lot or prospective occupants in the project and may include a
graphic rendering of the project.
Corner Directional Sign means a ground sign located on a corner lot, in a Commercial Zone or
Industrial Zone lot and is used to advertise other businesses on the adjacent road.
Electronic Message Board Sign means a sign with an internal light source capable of displaying
words or symbols that can be electronically changed by remote or automatic means.
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Farm Produce Sign means a temporary off-site sign that advertises and directs customers to a
farm market outlet, U-pick operation, or other similar sales of farm produce, and is not greater than
ten (10) feet in sign area.
Generic Real Estate Directional Sign means a temporary sign located at an intersection to
direct the travelling public to a property for sale, rent, or lease and is not greater than four (4)
square feet in sign area.
Ground Sign means a sign supported by the ground and is intended for permanent display.
Home-based Business Sign means a sign advertising a home-based business use.
Internally Lit Signs means a sign that provides artificial light directly, or through any transparent
or translucent material from a source of light connected within such sign.
Landscape of Grand Pré Sign means a standardized series of signs owned and erected by the
Landscape of Grand Pré Inc. or any successor body, Parks Canada or the Municipality of the County
of Kings and include the following types of signs:
(a)
Interpretive Sign
(b)
Pedestrian Directional
(c)
Pedestrian Orientation Map
(d)
UNESCO World Heritage Site Arrival Sign
(e)
Vehicular Advisory
(f)
Vehicular Assurance Marker
(g)
Vehicular Directional
(h)
Vehicular Point of Interest Identification
Legal Notice Sign means a sign erected under the direction of the courts, government bodies or
legal process.
Multi-unit Dwelling Sign means a sign identifying an apartment building, condominium
building, or other type of multi-unit dwelling including a residential facility and that is not greater
than ten (10) square feet in sign area and having a maximum height of ten (10) feet.
On Premise Directional or Traffic Control Signs means a sign that guides traffic or parking
or gives other similar non-commercial directions on the lot on which it is displayed and that are not
greater than four (4) square feet in area and having a maximum height of ten (10) feet.
Park Sign means a sign within a park that informs the public of the name of the park and may
include a list of amenities provided for the use by the general public on the lot.
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Point of Purchase Sign means a sign advertising a retail item and accompanying its display,
including advertising on a product dispenser and menu boards located on the same lot as the use.
Portable Sign means a sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including, but not limited to, signs to be
transported on wheels, sandwich board signs and signs on balloons and umbrellas.
Projecting Sign means a sign that projects from and is supported by a wall of a building.
Public Utility sign means a sign that denotes a plant, equipment or lot used in the provision of
public services by a public utility and that is not greater than six (6) square feet in sign area.
Real Estate Sign means a temporary sign located on a lot and that advertises the sale, rental, or
lease of the premises or lot on which it is displayed.
Roof Sign means any sign erected, painted or applied in any way upon or against a pitched roof.
Sign Area means the area of the smallest triangle, rectangle, circle or semicircle that can wholly
enclose the surface area of the sign. The sign area of individual letters or figures that are attached
or painted on a surface shall be the smallest triangle, rectangle, circle or semicircle that can wholly
enclose all of the letters, numbers or insignia.
Sign Height means the distance from ground level to the highest part of the sign, including the
sign structure.
Subdivision or Neighbourhood Identification Sign means a sign identifying a residential
subdivision or neighbourhood and that is located on land included in the subdivision or
neighbourhood and that are not greater than 40 square feet in sign area and having a maximum
height of ten (10) feet.
Tourism Oriented Directional Sign means a standardized sign erected and maintained in the
road right-of-way in accordance with the Municipality's Road Authority By-law.
Transit Shelter Sign means a single or multiple number of flat signs that constitute a panel or a
portion of a panel of a transit shelter. Such signs may be illuminated.
Vehicle Sign means a sign attached directly to or painted on a vehicle or trailer that is currently
licensed and safety inspected for lawful operation on public roads related to the activity, business,
organization, enterprise, industry or service being conducted by the owner or lessee of the vehicle
or trailer and the use of such vehicle or trailer is for transportation of persons or products or the
delivery of services in connection with the use.
Wall Coverage means the total sign area of all wall signs attached to any one building wall.
Wall Sign means a sign attached directly to or painted on a building wall, canopy, or awning, and
that does not extend from the wall, canopy, or awning.
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Warning Sign means a sign regulating the use of a lot by providing information such as safety,
danger or "no trespassing" and that is not greater than four (4) square feet in sign area.
Solar Collector means the components of a solar collector system that are designed for the collection,
reflection, refraction, or conversion of solar radiation. Without restricting the generality of this
definition, solar collector may include evacuated tubes, flat plate collectors, concentrating mirrors, and
building-integrated photovoltaic materials but does not include windows.
Solar Collector Area means the area of the largest parallel projection of a solar collector onto a flat plane.
When calculating the total solar collector area for a solar collector system the solar collector area of
each individual structure will first be calculated and then added to obtain the total solar collector area.
Solar Collector System means a structure or array of structures on one lot whose main purpose is to
collect solar radiation and convert it to useable forms of energy and includes a small-scale collector
system, large-scale collector system and on-building solar collector system. Without restricting the
generality of this definition, the components of a solar collector system may include solar collectors,
structural supports, ancillary electrical equipment, and an energy storage system.
On-building Solar Collector System means a solar collector system mounted on, attached to,
or integrated with a building where the building's main purpose is something other than the
collection and conversion of solar radiation.
Small-scale Solar Collector System means a solar collector system intended to generate
electricity at a rate consistent with the usage of the property(ies) on which it is located with limited
excess energy generated. (Amended June 1, 2021, File 20-19)
Large-scale Solar Collection System means a solar collection system located in a rural area
intended to generate electricity at a rate consistent with the usage on the property(ies) on which it
is located with the potential to generate excess electricity for sale to the utility. (Amended June 1,
2021, File 20-19)
Stepback means the horizontal distance measured between the top of the Streetwall and the main face of
building floors above the Streetwall. (Amended May 2, 2023, New Minas Secondary Plan)
Storefront Recycling Use means a business enclosed entirely within a structure, or part thereof, used for
receiving and sorting materials such as, but not limited to glass, bottles, metal cans, paper, cardboard,
plastic and electronics for purposes of reuse and recycling, and that involves no processing other than
for transport to a waste transfer station.
Streetwall means the wall of a building facing the front and flankage yard and is below the height of a
specified stepback, excepting minor recesses for elements such as doorways or protrusions for
elements such as bay windows. (Amended May 2, 2023, New Minas Secondary Plan)
Structure means anything human-made that is fastened to or into the earth or another structure or rests on
the earth by its own mass, but not including pavements, curbs, pathways, uncovered patios, retaining
walls, fences not greater than six (6) feet in height, play equipment, dog houses and other similar
objects.
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Swimming Pool means a tank or body of water maintained or used or which may be used for swimming
purposes, whether above or in ground, but shall not include an existing natural body of water, an
irrigation or fire protection pond or a fishing or duck pond.
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Telecommunications means the emission, transmission or reception of intelligence by any wire, cable,
radio, optical or other electromagnetic system, or by any similar technical system.
Telecommunication Facility means any facility, apparatus or other item that is used or is being used for
telecommunications or for any operation directly connected with telecommunications, and includes a
transmission facility.
Through Lot means a lot bounded on two opposite sides by roads or highway. Where any lot qualifies as
being both a corner lot and a through lot as defined within this By-law, such a lot is deemed to be a
corner lot for the purpose of this By-law.
Tourist Commercial Use means a tourist inn, lodge, or cabins that primarily provide sleeping
accommodation to the vacationing public.
Townhouse means a residential dwelling that contains three (3) or more residential units, each of which has
access to the front and rear yard and are divided vertically by one or more walls extending ground to
roof and may be divided by one or more lot lines. For clarity, where residential units are divided by
one or more lot lines, each lot shall contain only one (1) residential unit.
Traffic Aisle means part of a parking area used for access and egress to individual parking spaces from a
road or a parking area on an abutting lot.
Transit Shelter means a small structure, which may have walls and a roof, designed primarily for the
protection and convenience of public transit passengers.
Transportation Services means a building, structure, or land, or part thereof used for the purpose of
transporting any kind of item or good by truck or other vehicle, including, but not limited to, loading
facilities, storage, and maintenance facilities, but does not include the transport of people, which is
covered by the definition of bus/taxi stations.
Two Unit Dwelling means a dwelling containing two (2) residential units including mini-homes or pre-
fabricated homes but shall exclude a mobile home, recreational vehicle or semi-detached dwelling.
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Urban Chicken means domestic fowl Gallus gallus domesticus, including urban chicken rooster.
Urban Chicken Coop means an accessory building used to house urban chickens.
Urban Chicken Rooster means a male urban chicken.
Use means the purpose for which any land, building or structure is utilized, and also means the purpose for
which any land, building or structure is designed, arranged, or intended or the purpose for which any
land, building or structure is occupied or maintained or leased.
Veterinary Clinic means a building or part of a building used for the medical, surgical, or therapeutic
treatment of animals or livestock, but does not include the office of a veterinarian located in their
residence. Animals are neither kept nor boarded at the veterinary clinic other than the short term care
incidental to the medical use. Domestic animal grooming may be considered an accessory use.
Visitor Information Centre means a building or part of a building that is operated by the Province, the
Municipality, a village, a society incorporated under the Societies Act or a board of trade or chamber of
commerce that is used to provide visitors with information about events and attractions in the
Municipality of the County of Kings and/or the Province of Nova Scotia.
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Warehouse means a building where wares or goods are stored, such as, but not limited to, cold storage
facilities and distribution centres, but does not include a retail store.
Waste Transfer Station means a site or facility that accepts waste or recyclables for sorting, temporary
storage, or consolidation prior to shipment to a landfill site or recycling facility.
Water Frontage means the distance measured as a straight line between the two points where the side lot
lines meet a shoreline.
Watercourse means the bed and shore of every river, stream, lake, creek, pond, spring, lagoon, swamp,
marsh, wetland, ravine, gulch or other natural body of water and the water therein, including ground
water, within the jurisdiction of the Province whether it contains water or not but shall not includes
ditches that form part of a public drainage system. (Amended October 1, 2024, File P21-01)
Waterfront Lot means a lot immediately and directly abutting on the shoreline of a lake.
Wellfield means an area of land above and surrounding one (1) or more wells that provide drinking water to
a public utility.
Wellfield Overlay means protected area of land that contributes groundwater to wells controlled by a
public utility and divided into areas of increased protection based on the proximity to the well location.
Wildlife Rescue and Rehabilitation Centre means a building or structure (including outdoor
pens/cages) in which facilities are provided for the treatment and rehabilitation of injured, sick,
displaced, or orphaned native wildlife with the goal of returning a healthy animal back to the wild.
Treatment does not include permanent boarding facilities for native wildlife.
Wind Turbine means a structure that converts the wind's kinetic energy into useable forms of energy. The
wind turbine comprises the tower, rotor blades (either vertical or horizontal) and nacelle.
Accessory Wind Turbine means a wind turbine with a height less than or equal to 25 feet.
Large-scale Wind Turbine means a wind turbine with a height greater than 115 feet.
Nacelle means the frame and housing that encloses the transmission system and generator and
protects them from the weather.
Rotor Blade means the part of the wind turbine that rotates in the wind and extracts kinetic
energy from the wind.
Small-scale Wind Turbine means a wind turbine with a height greater than 25 feet but less
than or equal to 115 feet.
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Wind Turbine Height means the height from established grade to the highest vertical
extension of a wind turbine, which often occurs at the top of the arc of the rotor blade. For greater
clarity, where a wind turbine is mounted to another structure wind turbine height shall still be
measured from established grade to the highest vertical extension of the wind turbine.
Wind Turbine Tower means a freestanding structure or a structure attached to guy wires that
serves to support other parts of the wind turbine.
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Yard means an open, uncovered space on a lot adjacent to a building or structure measured as the minimum
horizontal distance between the nearest applicable point of a building or structure and the respective
lot lines.
Zoo means a facility containing a collection of living native and exotic animals for public display housed
within buildings, structures, or fenced areas and may include an accessory restaurant or retail store.
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