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THE TOWN OF LOCKEPORT
LAND USE BY-LAW
Prepared by:
Town of Lockeport
Planning Advisory Committee
June, 1986
LAND USE BY-LAW
Table of Contents
PAGE
PREAMBLE ....................................................................
1
PART 1
TITLE ...........................................................................
1
PART 2
ZONES AND ZONING MAPS .............................................
1
PART 3
INTERPRETATION ..........................................................
2
PART 4
DEVELOPMENT AGREEMENTS ........................................
3
PART 5
ADMINISTRATION .........................................................
3
PART 6
GENERAL PROVISIONS FOR ALL ZONES ...........................
5
PART 7
SIGNS ...........................................................................
10
PART 8
RESIDENTIAL GENERAL (R-1) ZONE .................................
13
PART 9
RESIDENTIAL MULTIPLE FAMILY (R-2) ZONE ....................
19
PART 10
RESIDENTIAL LARGE LOT (R-3) ZONE ..............................
23
PART 11
COMMERCIAL GENERAL (C-1) ZONE .................................
28
PART 12
COMMERCIAL TOURIST (C-2) ZONE ..................................
34
PART 13
INDUSTRIAL GENERAL (M-1) ZONE ..................................
37
PART 14
OPEN SPACE AND RECREATION (OS-1) ZONE .....................
42
PART 15
DEFINITIONS .................................................................
43
TABLE 1 - R-1 Zone Requirements - Where a Central Sanitary Sewer is Available .
14
TABLE 2 - R-1 Zone Requirements - Where No Central Sanitary Sewer is Available.
15
TABLE 3 - R-2 Zone Requirements ..........................................................
20
TABLE 4 - R-3 Zone Requirements ..........................................................
25
TABLE 5 - C-1 Zone Requirements ..........................................................
30
TABLE 6 - C-2 Zone Requirements ..........................................................
35
TABLE 7 - M-1 Zone Requirements .........................................................
38
SCHEDULE "A" - Town of Lockeport Zoning Map (in the envelope at the back)
[1]
THE TOWN OF LOCKEPORT
LAND USE BY-LAW
1986
PREAMBLE
Persons referring to this By-Law for information on the standards that apply and the uses that are
permitted for developments on any particular property should refer:
First, to the provisions respecting the particular zone the property is in. If the zone is not
known, consult the Zoning Map which forms part of this by-law.
Second, to the provisions respecting the general requirements for the type of zone
concerned; and
Third, to the general provisions affecting all zones (Part 6).
Reference should also be made to the definitions (Part 15) and the Interpretation Section (Part 3).
Applications for development permits are governed by Section 76(1) of the Planning Act.
PART 1
TITLE
1. This By-law shall be known and may be cited, as the "Land Use By-law of the Town of
Lockeport".
PART 2
ZONES AND ZONING MAPS
ZONES
1. For the purpose of this By-law, the Town of Lockeport is divided into the following zones,
the boundaries of which are shown on the attached Schedules. Such zones may be referred to
by the appropriate symbols.
Residential General ................................................
R-1
Residential Multiple Family ......................................
R-2
Residential Large Lot ..............................................
R-3
Commercial General ...............................................
C-1
Tourist Commercial ................................................
C-2
Industrial General ..................................................
M-1
Open Space and Recreation .......................................
OS-1
[2]
ZONING MAPS
2. Schedule "A" attached hereto may be cited as the Zoning Map and is hereby declared to form
part of the By-law.
ZONES NOT SHOWN ON ZONING MAP
3. In certain instances, one or more of the zones listed in Section 1 of this Part may not appear
on the Zoning Map. These zones may be applied to the Zoning Map by amendment to this
By-law as required by specific development proposals and in accordance with the policies in
The Municipal Planning Strategy (MPS).
PART 3
INTERPRETATION
SYMBOLS
1. The symbols used on the Schedule "A" attached hereto, refer to the appropriate zones
established by this By-law.
DEFINED
2. The extent and boundaries of zones are shown on the Schedule "A" attached hereto, and for
all such zones, the provisions of this By-law shall respectively apply.
INTERPRETATION OF ZONING BOUNDARIES
3. Boundaries between zones shall be determined as follows:
a. where a zone boundary is indicated as following a street or highway, the boundary shall
be the centre line of such street or highway;
b. where a zone boundary is indicated as approximately following lot lines, the boundary
shall follow such lot lines;
c. where a street, highway, railway right-of-way, electrical transmission line right-of-way or
watercourse is included on the zoning maps, it shall, unless otherwise indicated, be
included in the zone of the adjoining property on either side thereof;
d. where a railroad right-of-way, electrical transmission line right-of-way or watercourse is
included on the zoning maps and serves as a boundary between two or more different
zones, a line midway on such right-of-way or watercourse and extending in the general
direction of the long division thereof shall be considered the boundary between zones
unless specifically indicated otherwise;
[3]
e. where a zone boundary is indicated as following the limits of the Town, the limits shall
be the boundary;
f. where none of these above provisions apply, and where appropriate, the zone boundary
shall be scaled from the attached Schedule "A".
CERTAIN WORDS
4. In this By-law, unless clearly indicated otherwise, words used in the present tense include
future; words in the singular number include the plural, words in the plural include the
singular number; and the word "used" includes "arranged", "designed or intended to be
used", and the word "shall" is mandatory and not permissive.
PERMITTED USES
5. In this By-law, any use not listed under permitted uses in a particular zone is prohibited.
PART 4
DEVELOPMENT AGREEMENTS
USES CONSIDERED BY DEVELOPMENT AGREEMENTS
The Municipal Planning Strategy provides that the following uses shall be dealt with by
Development Agreement in accordance with Residential Policies 13, 14 and 15 and Commercial
Policies 12, 13, 14 and 15 and Open Space Policies 8, 9 and 10.
a. office and commercial uses, other than a home occupation, in areas designated
Residential General on the Generalized Future land Use Map of the MPS;
b. amusement arcades in areas designated Commercial General on the Generalized
Future Land Use Map of the MPS;
c. office and commercial uses on the portion of Memorial Park designated Open Space
on the Generalized Future Land Use Map of the MPS;
d. shopping centres in areas designated Commercial General on the Generalized Future
Land Use Map of the MPS.
PART 5
ADMINISTRATION
ENFORCEMENT
1. This By-law shall be administered by the Development Officer.
[4]
SCOPE OF APPLICATION
2. Every application for a Development Permit shall be accompanied by plans, drawn to an
appropriate scale and showing:
a. the true shape and dimensions of the lot to be used, and upon which it is proposed to
erect any building or structure;
b. the proposed location, height and dimensions of the building, structure, or work in
respect of which the permit is applied for;
c. the location of every building or structure already erected on or partly on such lot, and
the location of every building upon abutting lots;
d. the proposed location and dimensions of parking spaces, loading spaces, driveways,
and landscaping areas; and
e. other such information as may be necessary to determine whether or not every such
building, development reconstruction or redevelopment conforms with the
requirements of this By-law.
3. Where the Development Officer is unable to determine whether the proposed development
conforms to this By-law and other by-laws and regulations in force which affect the proposed
development, he may require that the plans submitted under Section 2 be based upon a
current survey by a Nova Scotia Land Surveyor.
SIGNATURE FOR APPLICATION
4. The application shall be signed by the owner of the lot or by the owner's agent duly
authorized thereupon in writing and shall set forth in detail the current and proposed use of
the lot and each building or structure or part of each building or structure, together with all
information necessary to determine whether or not every such proposed use of land, building
or structure conforms with the requirements of this By-law.
EXPIRATION OF DEVELOPMENT PERMIT
5. Any development permit issued shall expire twelve (12) months from the date of issue of
such permit should no development begin within the aforementioned time period and may be
renewed for a further twelve (12) month period if construction has begun.
[5]
AMENDMENT OF BY-LAW
6.
a.
Any person who wishes to obtain the amendment, revision or repeal of this By-
law shall submit an application in writing to the Clerk of the Town of Lockeport.
b.
The application shall state an address for service.
c.
The applicant shall deposit with the Clerk an amount estimated by the Clerk to be
sufficient to pay the cost of advertising required by the Planning Act. Where
Council decides not to proceed with the application, the deposit shall be returned
to the applicant.
d.
After the notice and advertising required under Section 60 and 42 respectfully of
the Planning Act has been completed, the applicant shall pay to the Clerk any
additional amount necessary to defray the cost of advertising or if there is a
surplus the Clerk shall refund the same to the applicant.
DATE OF BY-LAW
7.
This By-law shall take effect when approved by the Minister of Municipal Affairs.
PART 6
GENERAL PROVISIONS FOR ALL ZONES
These general provisions apply to all uses in all zones except where a specific zone or use is
specifically exempted.
SCOPE
1.
a.
No building or structure shall hereafter be erected or altered, nor the use of any
building, structure or lot hereafter be changed unless a development permit has
been issued and no development permit shall be issued unless all the provisions of
this By-law are satisfied.
b.
Any person who violates a provision of this By-law shall be subject to
prosecution as provided for under The Planning Act, Chapter 9, Acts of 1983.
FRONTAGE ON STREET
2.
No development permit shall be issued unless the lot or parcel or land intended to be used
or upon which the building or structure is to be erected abuts and fronts upon a public
street except if the lot or parcel is on a wharf, Cranberry Island, Bull Island, Firth Island,
Benham Island, Carter Island, William Island, or Calf Island.
[6]
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS
3.
Nothing in this By-law shall exempt any person from complying with the requirements of
any other By-law in force within the Town or from obtaining any license, permission,
permit, authority or approval required in any other By-law of the Town of Lockeport.
Where the provisions of the By-law conflict with those of any other municipal or
provincial requirements, the higher or more stringent regulations shall prevail.
NON-CONFORMING USES
4.
Sections 85 and 86 of the Planning Act are varied by permitting:
a. A structure containing a non-conforming use to be enlarged or rebuilt if destroyed
by fire or otherwise;
b. A non-conforming use to be extended over the remainder of the lot;
c. A non-conforming use to recommence if discontinued for a continuous period of
not more than one year.
VACANT EXISTING UNDERSIZED LOTS
5.
Notwithstanding anything else in the By-law, a vacant existing undersized lot held in
separate ownership from adjoining parcels on April 25, 1977, the effective date of this
By-law, having less than the minimum width or area required by the previous By-law
may be used for a purpose permitted in the zone in which the lot is located and a building
may be erected on the lot provided that all other applicable provisions in this By-law are
satisfied.
EXISTING BUILDINGS WITH NON-CONFORMING YARDS
6.
Where a building has been erected on or before April 25, 1977, the effective date of the
previous By-law on a lot which has less than the minimum frontage or area, or the
minimum setback or side yard or rear yard required by this By-law, the building may be
enlarged, reconstructed, repaired or renovated provided that:
a. the enlargement, reconstruction, repair or renovation does not further reduce the
front yard or side yard or rear yard that does not conform to this By-law; and
b. all other applicable provisions of this By-law are satisfied.
[7]
EXISTING BUILDING
7.
Notwithstanding anything else in this By-law, the use of a building existing on a lot on
April 25, 1977, the effective date of the previous By-law may be changed to a use
permitted in the zone where the lot width, front yard or area required, or all of these, is
less than the requirements of this By-law provided that all other requirements of this By-
law are satisfied.
HEIGHT REQUIREMENTS
8.
The height regulations of this By-law shall not apply to church spires, water tanks,
elevator enclosures, silos, flagpoles, television or radio antennae, ventilators, skylights,
barns, chimneys, or clock towers, drive-in theatre screens, water towers and satellite
discs.
TEMPORARY USES PERMITTED
9.
Nothing in this By-law shall prevent the temporary use of a building or structure
incidental to a main construction project provided that a Development permit has been
issued for the main construction project and the use is discontinued and removed sixty
(60) days following completion of the main construction project.
SPECIAL USES PERMITTED
10.
Nothing in this By-law shall prevent uses erected for special occasions and holidays
provided only that no such use remains in place for more than fourteen (14) consecutive
days.
BUILDING TO BE MOVED
11.
No person shall move any building, residential or otherwise within or into the area
covered by this By-law without obtaining a development permit from the Development
Officer.
RESTORATION TO A SAFE CONDITION
12.
Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of
any building or structure, provided in the case of non-conforming use that the provisions
of The Planning Act shall prevail.
[8]
MULTIPLE USES
13.
Where any land or building is used for more than one purpose, all provision of this By-
law relating to each use shall be satisfied. Where there is conflict such as in the case of
lot size or lot frontage, the higher or more stringent standard shall prevail.
TRUCK, BUS AND COACH BODIES
14.
No trucks, bus, coach or street car body, or structure of any kind other than a mobile
home or dwelling unit erected and used in accordance with this and all other by-laws of
the Town shall be used for human habitation within the Town of Lockeport.
FENCES
15.
No development permit shall be required for a fence having a maximum height of less
than six feet.
ACCESSORY BUILDINGS AND USES
16.
Accessory uses, buildings and structures shall be permitted in any zone within the Town
subject to the following:
a. shall not be used for human habitation except where a dwelling is a permitted
accessory use;
b. shall not be located within the front yard of a lot;
c. except for seasonal roadside stands, accessory buildings with no windows or
perforations on the side of the building which faces the said lot line, shall be
located a minimum of two (2) feet from the abutting lot line in any zone.
17.
Notwithstanding anything else in this By-law, signs, drop awnings, clothes poles, flag
poles, garden trellises, fences and retaining walls shall be exempted from any
requirements under Subsection 16 of this Part.
ILLUMINATION
18.
No person shall erect any illuminated sign or illuminate in an area outside any building
unless such illumination is directed away from adjoining properties and any adjacent
streets.
[9]
STANDARDS FOR PARKING AREAS
19.
Where parking facilities for more than four (4) vehicles are required or provided:
a. the parking area shall be maintained with a stable surface that is treated to prevent
the raising of dust or loose particles;
b. the lights used for illumination of the parking lot or parking station shall be so
arranged as to divert the light away from streets, adjacent lots and buildings;
c. the parking area shall be within three hundred (300) feet of the location which it is
intended to serve, and shall be situated in the same zone.
d. the location of approaches or driveways shall be no closer than fifty (50) feet from
the limits of the right-of-way at a street intersection;
e. entrance and exit ramps to parking areas shall not exceed two (2) in number and
each such ramp shall be a width of twenty-five (25) feet at the street line and edge
of pavement;
f. the width of a driveway leading to a parking or loading area, or of a driveway or
aisle in a parking area, shall be a minimum of ten (10) feet if for one-way traffic,
and a minimum of eighteen (18) feet if for two-way traffic, and the maximum
width of a driveway shall be twenty-five (25) feet.
FRONT YARD FOR A THROUGH LOT
20.
In the case of a through lot, the front yard shall be deemed to be any yard which abuts
either of the two opposite streets.
CALCULATIONS OF LOT FRONTAGE FOR IRREGULARLY SHAPED LOTS
21.
The following means shall be used for the purposes of determining the lot frontage of
irregularly shaped lots:
a. lot frontage shall be deemed to be the horizontal distance between the side lot
lines. This distance shall be measured perpendicularly to a line joining the middle
of the front lot line with the middle of the rear lot line at a point along this line
equal to the minimum applicable front yard.
[10]
PART 7
SIGNS
1. A Development Permit shall not be required to erect a sign described in Section 2 below.
The erection of all other signs shall require a development permit.
SIGNS PERMITTED IN ALL ZONES
2.
a.
Signs of not more than two (2) square feet in area, identifying name and address
of resident, or a home occupation or business are allowed within a residential
zone;
b.
"No Trespassing" signs or other such signs regulating the use of a property, have
an area of not more than two (2) square feet;
c.
Real estate signs not exceeding five (5) square feet in sign area which advertise
the sale, rental or lease of the premises;
d.
Signs regulating or denoting on-premises traffic, or parking or other signs
denoting the direction or function of various parts of a building or premises
provided that such signs are less than five (5) square feet;
e.
Signs erected by a governmental body, or under the direction of such a body, and
bearing no commercial advertising, such as traffic signs, railroad crossing signs,
safety signs, signs identifying public schools, and public elections lists;
f.
Memorial signs or tablets and signs denoting the date of erection of a structure;
g.
The flag, pennant, or insignia of any government, or of any religious, charitable or
fraternal organizations;
h.
A sign having an area of not more than fifty (50) square feet incidental to
construction and within the area designated for such purposes;
i.
Temporary signs related to an election for public office or labour union election;
j.
Any sign allowed within the Town road right-of-way.
[11]
SIGNS PROHIBITED
3. The following signs shall not be permitted in any zone:
a. Signs which incorporate in any manner any flashing or moving illumination
which varies in intensity or which varies in color and signs which have any visible
moving part, visible revolving parts or visible mechanical movement of any
descriptions, or other apparent visible movement achieved by electrical
pulsations, or by actions of normal wind currents, except within a Commercial
General (C-1) Zone;
b. Roof signs;
c. Any sign or sign structure which constitutes a hazard to public safety or health;
d. Signs which by reason of size, location, content, coloring, or manner of
illumination obstruct the vision of drivers, either when leaving a roadway or
driveway, or obstruct or detract from the visibility or effectiveness of any traffic
signor control device on public streets and roads;
e. Any sign which obstructs free ingress to or egress from a fire escape door,
window or other exit way;
f. Signs not erected by a public authority which make use of words such as "STOP",
"YIELD", "LOOK", "ONE WAY", "DANGER", or any similar words, phrases,
symbols, lights, or characters in such manner as to interfere with, mislead, or
confuse traffic along a public road.
g. Unless otherwise specifically indicated in this By-law, no sign in any Residential
Zone shall exceed two (2) square feet in sign area or exceed five (5) feet in height
in the case of a ground sign;
h. Signs painted on, attached to, or supported by a tree, stone, cliff or other natural
object.
FACIAL WALL SIGNS
4. No facial wall sign shall:
a. Extend above the top of the wall on which it is placed;
b. Extend beyond the extremities of the wall upon which it is attached.
[12]
PROJECTING WALL SIGNS
5. No projecting wall sign shall:
a. Project more than six (6) feet from the wall upon which it is attached;
b. Project over a public right-of-way;
c. Project above the eaves, parapet or roof line of a building;
d. Be permitted to swing freely on its supports;
e. Be erected below a height of ten (10) feet or above a height of fifteen (15) feet
above grade.
GROUND SIGNS
6. No ground sign shall:
a. Extend beyond a property line or project over public rights-of-way other
adjoining lands, driveway or parking space;
b. Be set back less than five (5) feet from any street line, common lot boundary,
driveway or parking area.
[13]
PART 8
RESIDENTIAL GENERAL (R-1) ZONE
R-1 USES PERMITTED
1. No development permit shall be issued for a Residential General (R-1) Zone except for one
or more of the following uses, in accordance with Section 6:
-Single Detached Dwellings
-Boarding Houses (serviced) and Guest Houses
-Converted Dwellings (to a maximum of 4 units)
-Duplexes
-Hostels (serviced)
-Mobile Homes
-Semi-detached Dwellings
-Nursing Homes and Hospitals (serviced)
-Day Nurseries
-Institutional Uses (churches to be serviced)
-Senior Citizen Apartment (serviced)
-Group Homes
-Recreational Uses
-Bed & Breakfast
-Private Storage Buildings
-Passenger vehicle parking (for employees of a non residential use where these legally
exist is permitted and where the employee parking area and the remainder of the property
are contiguous. Such parking shall be for employees parking only and shall not include
guest or customer parking, or equipment, vehicle or other storage.)
R-1 ZONE REQUIREMENTS
2. No development permit shall be issued for a Residential General (R-1) Zone except in
accordance with the requirements set out in Tables 1 and 2 of this By-Law.
PARKING REQUIREMENTS FOR THE R-1 ZONE
3. For every building or structure to be erected or to be enlarged or for a change in use in the R-
1 Zone, off-street parking located within the same lot as the use and having unobstructed
access to a public street shall be provided and maintained in conformity with the following
schedule:
[14]
Table 1
R-1 ZONE REQUIREMENTS 2,3- WHERE A CENTRAL SANITARY SEWER IS AVAILABLE
Private Storage Bldg.
Single Detached
Dwellings, Converted
Dwellings, Boarding and
Guest Houses, Hostels,
Mobile Homes, Day
Nurseries, Bed and
Breakfast, Group Homes
Duplex
Sem-
Detached
Nursing Homes
and Senior
Citizens
Apartment
Churches,
Schools4 and
Hospitals
Recreation
Uses, Other
Institutional
Uses and
Buildings
1. Minimum Lot Area
7500 sq ft
7500 sq ft
3225 sq ft per
unit
15,000 sq ft
20,000 sq ft
~
2. Minimum Lot3 Frontage
60 ft
60 ft
30 ft for each
dwelling unit
100 ft
100 ft
~
3. Minimum Front Yard
25 ft1
25 ft1
25 ft1
25 ft
35 ft
25 ft
4. Minimum Rear Yard
25 ft
25 ft
25 ft
25 ft
25 ft
25 ft
5. Minimum Side Yard
i) one side
4 ft plus 2 ft for each storey above one
15 ft or 1/2 height of the main
building whichever is greater
10 ft
ii) other side
10 ft
10 ft
10 ft
10 ft
6. Maximum Height of Main Building
35 ft
35 ft
35 ft
35 ft
35 ft
35 ft
Notes
1. On the Mainland along Brighton Road and the East Green Harbour Approach Road the front yard setback starts from the front lot line which is 33 feet
from the centre of the road.
2. No development permit shall be required for a fence less than 6 feet in height except for a corner lot where the provisions of Part 8, Section 8 shall
prevail.
3. All development shall occur on lots which abut a public street.
4. See Special Provision Section 13 and 15 of this Part.
[15]
Table 2
R-1 ZONE REQUIREMENTS 4,5- WHERE NO CENTRAL SANITARY SEWER IS AVAILABLE
Group Homes, Guest
Homes, Private Storage
Bldg., Bed and Breakfast,
Single Detached
Dwellings, Converted
Dwellings, Mobile
Homes, Day Nursery
Duplex
Sem-Detached
Recreational
Uses
Institutional
Uses and
Buildings
1. Minimum Lot Area1
20,000 sq ft1
20,000 sq ft
20,000 sq ft1 per unit
~
20,000 sq ft1
2. Minimum Lot Frontage2,3
100 ft3
100 ft
100 ft per unit3
~
100 ft3
3. Minimum Front Yard
25 ft
25 ft
25 ft
25 ft
25 ft
4. Minimum Rear Yard
25 ft
25 ft
25 ft
25 ft
25 ft
5. Minimum Side Yard
10 ft
10 ft or one half the height
of the main building
whichever is greater
10 ft or one half the
height of the main
building whichever is
greater
10 ft
10 ft
6. Maximum Height of Main Building
35 ft
35 ft
35 ft
~
35 ft
Notes
1. A lot, any part of which is within 72 feet of a watercourse requires a minimum lot area of 40,000 square feet and a minimum width of 150 ft.
2. On the mainland along Brighton Road and the East Green Harbour Approach Road the front yard setbacks start from the front lot line which is 33 feet from the
centre of the road.
3. Lots bordering on a watercourse will require a Minimum Lot Frontage of 150 feet.
4. No development permit shall be required for a fence less than 6 feet in height except for a corner lot where the provisions of Part 8, Section 8 shall prevail.
5. All development shall occur on lots which abut a public street (See Part 6, Section 2 of this By-Law).
[16]
TYPE OF BUILDING
PARKING REQUIRED
a. Residential dwellings
One (1) parking space for each dwelling unit
b. Boarding and Guest Houses,
One (1) parking space per suite or rental unit
Hostels and Bed & Breakfast
Plus
One (1) additional parking space for each
fifty (50 square feet of floor area devoted to
public use exclusive of lobbies and halls.
c. Nursing homes, Senior Citizen
One (1) parking space for each two (2) beds
Apartment Buildings, Hospitals
or each four hundred (400) square feet of
floor area, whichever is greater.
d. Churches, Church Halls
Where there are fixed seats one (1) parking
space for every ten (10) seats, or twenty (20)
feet of bench space. Where there are no
fixed seats, one (1) parking space for each
two hundred (200) square feet of floor area
devoted to public use.
e. Elementary School
One and one-half (1 ½) parking spaces for
each teaching classroom.
f. High School
Four (4) parking spaces for each teach
classroom.
BUSINESS USES PERMITTED IN THE R-1 ZONE
4. Nothing in this By-Law shall prevent the use of a dwelling or an accessory building in a
Residential (R-1) Zone for a commercial use, domestic or household arts, or professional
purpose provided that:
a. the dwelling is occupied as a residence and the external appearance of the
dwelling and accessory building is not changed by the business or professional
use;
b. there shall not be more than two (2) assistants who are not residents in the
dwelling employed in the business or profession;
[17]
c. if the dwelling is used not more than twenty-five (25) percent of the total floor
area is devoted to the professional or business use;
d. if an accessory building is used, it shall not have floor area greater than five
hundred (500) square feet;
e. one off-street parking space, other than that required for the dwelling, is provided
for every two hundred (200) square feet of floor space occupied by the business or
professional use;
f. there shall be no advertising other than a business identification plate or sign
which has a maximum sign area of five (5) square feet provided also that the
provisions of Part 7 are satisfied;
g. no open storage or outdoor display shall be permitted except for fishing gear such
as traps, nets, barrels, and boxes (but excluding salt bait); and
h. the operation shall not be obnoxious by reason of sound, odour, dust, fumes or
smoke, or other obnoxious emission or refuse matter or water carried waste.
OPEN STORAGE OF FISHING GEAR AND EQUIPMENT
5. Nothing in the By-Law shall prevent the open storage of fishing gear and equipment in a rear
or side yard of any residential lot in the Residential General (R-1) Zone.
ONE MAIN BUILDING ON A LOT IN THE R-1 ZONE
6. No person shall erect more than one (1) main building on a lot in the R-1 zone, and a private
storage building shall be considered an accessory building. Where there is no building on a
lot, one private storage building not exceeding 30% of lot area is permitted and considered a
main building.
MOBILE HOMES IN THE R-1 ZONE
7. For the purpose of this By-law individually sited mobile homes shall be deemed to be single
detached dwellings provided that the undercarriage is completely skirted.
[18]
CORNER VISION TRIANGLE
8. On a corner lot in the R-1 zone, a fence, sign, hedge, shrub, bush or tree or any other
structure or vegetation shall not be erected or permitted to grow to a height greater than two
(2) feet above grade of the roads that abut the lot within the triangular area included within
the road lines for a distance of ten (10) feet from their point of intersection.
SIDE YARDS ON CORNER LOTS
9. On a corner lot in the R-1 zone, no part of any building or accessory building shall be erected
closer to the lot line of the flanking street than ten (10) feet.
CONFORMITY WITH EXISTING SETBACKS
10. Notwithstanding anything else in this By-law, in the R-1 Zone, structures built between
existing buildings within two hundred (200) feet on the same block may be built with a
setback equal to the average setback of the adjacent buildings, but this depth shall not be less
than ten (10) feet from the front lot line and need be no greater than setback regulations
prescribed in the zone in which it is situated.
SPECIAL SIDE YARDS: ATTACHED GARAGES
11. The minimum side yard on the side where an attached garage of a permitted dwelling is
located shall be as follows:
1 storey building
4 feet
2 or more stories
6 feet
SPECIAL EXEMPTION: SEMI-DETACHED DWELLINGS
12. Where a semi-detached dwelling is sited on two lots in separate ownership, the side yard
requirements shall be waived for the common wall.
SPECIAL PROVISIONS: REDUCED FRONTAGE REQUIREMENTS
13. Any lot in the Residential General (R-1) Zone created pursuant to General Policy 9 of the
MPS and approved on a plan of subdivision is eligible for a development permit provided all
other applicable provisions of the By-law apply.
[19]
SPECIAL REQUIREMENTS: SERVICING AND PARKING
14. A development permit shall only be issued for a boarding house, hostel, nursing home,
hospital, churches, or senior citizen apartment building when the building is to be:
a. Connected to the Town's centralized sanitary sewer system; and
b. Parking is provided in the side and/or rear yard of the lot.
SPECIAL PROVISION - EXISTING SCHOOLS
15. Public schools and fire halls shall be exempt from the lot requirements and parking
requirements set out in Table 1 and Section 3 of this Part.
PART 9
RESIDENTIAL MULTIPLE FAMILY (R-2) ZONE
R-2 USES PERMITTED
1. No development permit shall be issued for a Residential Multiple Family (R-2) Zone except
for one or more of the following uses:
Townhouses
Institutional uses
Apartment building (3 or more units)
Passenger vehicle parking (for employees of a non residential use where these legally
exist is permitted and where the employee parking area and the remainder of the property
are contiguous. Such parking shall be for employees parking only and shall not include
guest or customer parking, or equipment, vehicle or other storage.)
R-1 uses subject to the R-1 zone requirements.
R-2 ZONE REQUIREMENTS
2. No development permit shall be issued for a Residential Multiple Family (R-2) Zone except
in accordance with the requirements set out in Table 3 of this By-law.
PARKING REQUIREMENTS FOR THE R-2 ZONE
3. For every building or structure to be erected or to be enlarged, in the R-2 zone, off-street
parking located within the same zone as the use and having unobstructed access to a public
street shall be provided and maintained in conformity with the following schedule:
TYPE OF BUILDING
PARKING REQUIREMENT
Residential Dwelling
One (1) parking space for each dwelling unit
[20]
Table 3
R-2 ZONE REQUIREMENTS2,3
Townhouses
Apartment Buildings
Institutional Uses
1. Minimum Lot Area
3,300 sq ft for each unit
10,000 sq ft for the first 4 dwelling
units plus 1,500 sq ft for each
additional unit
~
2. Minimum Lot Frontage1
20 feet for each unit
100 feet
~
3. Minimum Front Yard
25 ft
35 feet
25 ft
4. Minimum Rear Yard
25 ft
35 feet
25 ft
5. Minimum Side Yard
15 ft or 1/2 the height of the main
building whichever is greater
20 ft or 10 ft where an opaque fence or
other visual or physical barrier six feet
in height is provided
15 ft or 1/2 the height of the
main building whichever is
greater
6. Maximum Height of Main Building
35 ft
35 ft
35 ft
Notes
1. On the mainland along Brighton Road and the East Green Harbour Approach Road the front yard setback starts from the front lot line which is 33 feet
from the centre of the road.
2. No development permit shall be required for a fence less than 6 feet in height except for a corner lot where the provisions of part 9 section 9 shall
prevail.
3. All development shall occur on lots which abut or front on a public street.
[21]
SPECIAL REQUIREMENT - TOWNHOUSES
4. The maximum number of units in a townhouse dwelling shall be four (4) units.
SPECIAL REQUIREMENT - APARTMENT BUILDINGS
5. The maximum number of dwelling units in an apartment building shall be eight (8) units.
BUSINESS USES PERMITTED IN THE R-2 ZONE
6. Nothing in thus By-law shall prevent the use of a dwelling or an accessory building in the R-
2 Zone for a commercial use, domestic and household arts or professional purpose provided
that:
a. The dwelling is occupied as a residence and the external appearance of the
dwelling and/or accessory building is not changed by the small business or
professional use;
b. There shall not be more than two (2) assistants who are not residents in the
dwelling employed in the business or profession;
c. If the dwelling not more than twenty-five (25) percent of the total floor area is
devoted to the professional or business use;
d. If an accessory building is used, it shall not have floor area greater than five
hundred (500) square feet;
e. One off-street parking space, other than that required for the dwelling, is provided
for every two hundred (200) square feet of floor space occupied by the business or
professional use;
f. There shall be no advertising other than a business identification plate or sign
which has a maximum sign area of five (5) square feet provided also that the
provisions of Part 7 are satisfied;
g. No open storage or outdoor display shall be permitted except for the storage of
fishing gear;
h. The operation shall not be obnoxious by reason of sound, odour, dust, fumes or
smoke, or other obnoxious emission or refuse matter or water carried waste.
[22]
ONE MAIN BUILDING ON A LOT IN THE R-2 ZONE
7. No person shall erect more than one (1) main building on a lot in the R-2 zone.
CORNER VISION TRIANGLE IN THE R-2 ZONE
8. On a corner lot in the R-2 zone, a fence, sign, hedge, shrub, bush or tree or any other
structure or vegetation shall not be erected or permitted to grow to a height greater than two
(2) feet above grade of the roads that abut the lot within the triangular area included within
the road lines for a distance of ten (10) feet from their point of intersection.
SIDE YARDS ON CORNER LOTS IN THE R-2 ZONE
9. On a corner lot in the R-2 zone, no part of any building or accessory building shall be erected
closer to the lot line of the flanking street than ten (10) feet.
CONFORMITY WITH EXISTING SETBACKS
10. Notwithstanding anything else in this By-law, in the R-2 zone, structures built between
existing buildings within two hundred (200) feet on the same block may be built with a
setback equal to the average setback of the adjacent buildings, but this depth shall not be less
than ten (10) feet from the front lot line and need be no greater than set-back regulations
prescribed in the zone in which it is situated.
ABUTTING REQUIREMENTS - APARTMENT BUILDINGS
11. No development permit shall be issued for an apartment building in the R-2 zone except in
conformity with the following provisions:
a. The required parking is not in the front yard; and
b. There is no outdoor storage except for fishing gear.
[23]
PART 10
RESIDENTIAL LARGE LOT (R-3) ZONE
R-3 USES PERMITTED
1. No development permit shall be issued in a Residential Large Lot (R-3) Zone, except for one
or more of the following uses:
-Single Detached Dwelling
-Agricultural Uses
-Animal Kennels, Stables or Veterinary Establishments
-Forestry Uses
-Institutional Uses
-Guest Homes
-Tourist Cabins
-Mobile Homes
-Private Storage Building in accordance with PART 8, Section 6
-Recreational Uses
-Tourist Establishment
-Water Tower
-Tourist Trailer Park
-Campgrounds
-Bed & Breakfast
R-3 ZONE REQUIREMENTS
2. No development permit shall be issued for a Residential Large Lot (R-3) Zone except in
accordance with the requirements set out in Table 4 of this By-law.
PARKING REQUIREMENTS FOR THE R-3 ZONE
3. Off-street parking shall be provided and maintained in the R-3 zone according to the
following provisions:
a.
one (1) off-street parking space for each dwelling;
b.
one (1) off-street parking space per three hundred (300) square feet of floor area
for tourist establishments;
c.
institution uses as per PART 8, Section 3 of this By-law.
SPECIAL REQUIREMENT: BUILDINGS INTENDED FOR KEEPING OF ANIMALS
4. No development permit shall be issued for any barn, kennel, stable or other building intended
for the keeping of animals within 100 feet of any lot line. This requirement shall not apply to
a veterinary office.
[24]
BUSINESS USES PERMITTED IN THE R-3 ZONE
5. Nothing in this By-law shall prevent the use of a dwelling or an accessory building in the R-3
Zone for a commercial use, domestic and household arts, or professional purpose provided
that:
a.
the dwelling is occupied as a residence and the external appearance of the
dwelling is not changed by the business or professional use;
b.
there shall not be more than three (3) assistants who are not residents in the
dwelling employed in the business or profession;
c.
if the dwelling not more than twenty-five (25) percent of the total floor area is
devoted to the professional or business use;
d.
if an accessory building is used, it shall not have a floor area greater than one
thousand (1000) square feet and shall have a height no greater than thirty-five
(35) feet;
e.
the accessory building so used is not located within forty (40) feet of any lot lines;
f.
one off-street parking space, other than that required for the dwelling, is provided
for every two hundred (200) square feet of floor space occupied by the business or
professional use;
g.
there shall be no advertising other than a business identification plate or sign
which has a maximum sign area of five (5) square feet provided also that the
provisions of Part 7 are satisfied;
h.
no open storage or outdoor display shall be permitted except for within the rear
yard of any lot and not more than five (5) percent of the lot area may be devoted
to such use.
i.
the operation shall not be obnoxious by reason of sound, odour, dust, fumes or
smoke, or other obnoxious emission or refuse matter or water carried waste.
ONE MAIN BUILDING ON A LOT IN THE R-3 ZONE
6. No person shall erect more than one (1) main building on a lot in the R-3 zone except for
tourist cabins where all other applicable zone requirements are satisfied.
[25]
Table 4
R-3 ZONE REQUIREMENTS3,4
Private Storage Bldg.,
Single Detached
Dwellings, Mobil Homes,
Guest Homes, Bed and
Breakfast
Tourist Cabins
Tourist Trailer Park,
Campgrounds, Tourist
Establishment
Recreational
Uses, Water
Tower,
Institutional
Uses
All other
non-
Residential
Uses
1. Minimum Lot Area1
20,000 sq ft1
40,000 sq ft
40,000 sq ft
~
20,000 sq ft1
2. Minimum Lot Frontage2,3
100 ft2
150 ft
150 ft
~
100 ft2
3. Minimum Front Yard
25 ft
35 ft
40 ft
25 ft
25 ft
4. Minimum Rear Yard
25 ft
25 ft
30 ft
25 ft
25 ft
5. Minimum Side Yards
10 ft
10 ft.
30 ft
15 ft
20 ft on both
sides
6. Minimum Height of Main Building
35 ft
35 ft
35 ft
35 ft
35 ft
Notes
1. A lot, any part of which is within 72 feet of a watercourse requires a minimum lot area of 40,000 square feet and a minimum width of 150 ft.
2. Lots bordering on a watercourse will require a Minimum Lot Frontage of 150 feet.
3. No development permit shall be required for a fence less than 6 feet in height except for a corner lot where the provisions of Part 10, Section 7 shall prevail.
4. All development shall occur on lots which abut or front on a public street except for development on the off-shore islands. On an island water frontage shall be
deemed to be the lot frontage.
5. See Special Provision Section 14 of this Part.
[26]
CORNER VISION TRIANGLE IN THE R-3 ZONE
7. On a corner lot in the R-3 zone, a fence, sign, hedge, shrub, bush or tree or any other
structure or vegetation shall not be erected or permitted to grow to a height greater than two
(2) feet above grade of the roads that abut the lot within the triangular area included within
the road lines for a distance of ten (10) feet from their point of intersection.
SIDE YARDS ON CORNER LOTS IN THE R-3 ZONE
8. On a corner lot in the R-3 zone, no part of any building or accessory building shall be erected
closer to the lot line of the flanking street than ten (10) feet.
CONFORMITY WITH EXISTING SETBACKS
9. Notwithstanding anything else in this By-law, in the R-3 Zone, structures built between
existing buildings within two hundred (200) feet on the same block may be built with a
setback equal to the average setback of the adjacent buildings, but this depth shall not be less
than ten (10) feet from the front lot line and need be no greater than setback regulations
prescribed in the zone in which it is situated.
OPEN STORAGE OF FISHING GEAR AND EQUIPMENT IN THE R-3 ZONE
10. Nothing in the By-law shall prevent the open storage of fishing gear and equipment in a rear
or side yard of any residential lot in the R-3 zone.
ABUTTING REQUIREMENTS - TOURIST ESTABLISHMENTS, TOURIST TRAILER
PARK AND CAMPGROUNDS
11. Where a Tourist Establishment, Tourist Trailer Park and Campground abuts a residential or
institutional use the required side yard and rear yard shall be 30 feet. This provision shall
be waived where a fence or other visual or physical barrier 6 feet in height is provided and in
this case the required side and rear yard shall be 15 feet respectively.
MOBILE HOMES IN THE R-3 ZONE
12. For the purpose of this By-law, individually sited mobile homes shall be deemed to be single
detached dwellings provided that they are placed on permanent foundations and are
appropriately skirted.
DEVELOPMENT ON AN ISLAND
13. On an off-shore island water frontage shall be deemed to be the lot frontage.
[27]
SPECIAL PROVISIONS: REDUCED FRONTAGE REQUIREMENTS
14. Notwithstanding anything else in this By-law, any lot in the Residential Large Lot (R-3)
Zone created pursuant to General Policy 9 of the MPS and approved on a plan of subdivision
is eligible for a development permit provided all other applicable provisions of the By-law
apply.
[28]
PART 11 COMMERCIAL GENERAL (C-1) ZONE
C-1 USES PERMITTED
1. No development permit shall be issued in a Commercial General (C-1) Zone except for one
or more of the following uses:
-Automobile Sales Establishments
-Automobile Service Stations including automobile washing establishments as an
accessory use conducted on the same lot
-Banks and Financial Institutions
-Bowling Alleys
-Building Supply Dealers
-Business and Professional Offices
-Commercial Schools
-Dressmaking and Tailoring
-Funeral Homes
-Hotels and Motels
-Institutional use
-Medical Clinics
-News and Magazine Stands
-Parking Lots and Parking Structures
-Places of Entertainment (excluding amusement arcades), Recreation and Assembly
which are conducted within wholly enclosed buildings
-Private Clubs and Fraternal Organizations
-Photography Studios
-Printing Establishments
-Repair Shops
-Restaurants
-Retail Stores
-Services and Personal Service Shops
-Taxi and Bus Stations
-Utilities
-Parking Lots
-Parks
-Residential dwellings located above or at the rear of any commercial use
C-1 ZONE REQUIREMENTS
2. No development permit shall be issued for a Commercial General (C-1) Zone except in
accordance with the requirements set out in Table 5 of this By-law.
[29]
PARKING REQUIREMENTS FOR THE C-1 ZONE
3. For every building or structure to be erected or to be enlarged, off street parking located
within the C-1 zone and having unobstructed access to a public street shall be provided and
maintained in conformity with the following schedule:
[30]
Table 5
C-1 ZONE REQUIREMENTS3
All Commercial Uses
(Outside the Town
Centre)
Commercial Uses in
The Town Centre Area
Churches2
Parks & Other
Institutional Uses
1. Minimum Lot Area
10,000 sq ft
~
20,000 sq ft
~
2. Minimum Lot Frontage1
100 ft
~
100 ft
~
3. Minimum Front Yard1
20 ft
~
35 ft
~
4. Minimum Rear Yard
20 ft
10 ft
25 ft
10 ft
5. Minimum Side Yard on one Side Only
10 ft
10 ft
15 ft
10 ft
6. Maximum Height of Main Building
35 ft
35 ft
35 ft
35 ft
Notes
1. On the Mainland along Brighton Road and the East Green Harbour Approach Road the front yard setback starts from the front lot
line which is 33 feet from the centre of the road.
2. Off street parking shall be provided in accordance with PART 8, Section 3 of this By-law.
3. All development shall occur on lots which abut or front on a public street.
[31]
TYPE OF BUILDING
PARKING REQUIREMENT
a. Residential Dwellings
One (1) parking space for each dwelling unit.
b. Hotels and Motels
One (1) parking space per suite or rental unit.
PLUS
One (1) additional parking space for each fifty (50)
square feet of floor area devoted to public use
(taverns, restaurants and auditoria) exclusive of
lobbies and halls.
c. Offices and Commercial Uses
One (1) parking space per three hundred (300)
square feet of floor area.
d. Funeral Home
One (1) parking space for each five (5) seat
capacity of the chapel with a minimum of ten (10)
parking spaces.
e. Restaurants, Arenas, Halls, Public
Clubs and other places of assembly
Where there are fixed seats, one (1) parking space
for every ten (10) seats, or twenty (20) feet of
bench space. Where there are no fixed seats, one
(1) parking space for each two hundred (200)
square feet of floor area devoted to public use.
f. Bowling Alleys
One (1) parking space for each two (2) persons in
the designed capacity of the establishment
(designed capacity shall mean six (6) persons per
bowling lane). In other parts of the building,
additional parking spaces shall be provided in
accordance with the requirements set out in the
By-law for the use to which the other parts of the
building may be used.
SPECIAL REQUIREMENT: PARKING IN THE TOWN CENTRE AREA
4. The parking requirements in Section 3 of this Part shall be waived for commercial uses in the
Town Centre Area.
[32]
RESTRICTIONS ON OPEN STORAGE OR OUTDOOR DISPLAY
5. 1. Open Storage or outdoor display shall be permitted in a Commercial General (C-1) Zone.
2. Where a lot is to be used for open storage or outdoor display within a Commercial
General (C-1) Zone, the following restrictions shall apply:
a) the area devoted to open storage or outdoor display shall not exceed thirty (30)
percent of the total lot area.
b) the area devoted to open storage or outdoor display shall be screened so that it is
not visible from abutting properties or from the street, except where new and used
automobiles are so displayed, screening from the street shall not be required.
SPECIAL REQUIREMENTS: AUTOMOBILE SERVICE STATIONS
6. Where automobile service stations are permitted in a C-1 Zone, the following special
provisions shall apply:
a) minimum lot frontage: 150 feet;
b) no portion of any pump island shall be located closer than twenty (20) feet from any
street line;
c) the minimum distance between ramps or driveways shall not be less than thirty (30)
feet;
d) the minimum distance from a ramp or driveway to a street intersection shall be fifty
(50) feet;
e) the minimum angle of intersection of a ramp to a street line shall be forty-five (45)
degrees;
f) the minimum width of a ramp shall be twenty-five (25) feet; and
g) where the business operation includes an automobile washing establishment, separate
ramps shall be provided for the washing establishment and no cleaning operations of
any sort shall be carried on outside the building.
RESIDENTIAL USES WITHIN COMMERCIAL BUILDINGS
7. Residential uses located within a commercial building shall be permitted provided the
residential parking requirements are satisfied.
[33]
LOADING SPACE REQUIREMENTS IN THE C-1 ZONE
8. In the C-1 zone, no person shall erect or use any building or structure for manufacturing,
storage, department store, retail store, market, hotel, mortuary or other uses involving the
frequent shipping, loading or unloading of persons or goods, unless there is maintained on
the same premises with every such building, structure or use, one off-street space for
standing, loading and unloading for every thirty thousand (30,000) square feet or fraction
thereof of building floor area used for any such purpose to a maximum of six (6) loading
spaces.
a) Each loading space shall be at least fourteen (14) feet by forty (40) feet with a
minimum of fourteen (14) feet in height clearance.
b) The provision of a loading space for any building with less than fifteen hundred
(1,500) square feet may be waived by Council.
c) A loading space shall not be located in any required front yard or be located within
any yard which abuts a residential, open space and recreation (OS-1) zone.
d) Ingress and egress to and from the required loading space areas shall be a minimum
of ten (10) feet if for one-way traffic and a minimum of eighteen (18) feet if for two-
way traffic and a maximum width of a driveway shall be twenty-five feet.
MORE THAN ONE MAIN BUILDING ON A LOT
9. More than one main building may be erected on a lot in the C-1 zone provided all other zone
requirements are satisfied.
CORNER VISION TRIANGLE
10. On a corner lot in the C-1 zone, a fence, sign, hedge, shrub, bush or tree or any other
structure or vegetation shall not be erected or permitted to grow to a height greater than two
(2) feet above grade of the roads that abut the lot within the triangular area included within
the road lines for a distance of ten (10) feet from their point of intersection.
SIDE YARDS ON CORNER LOTS
11. Except in a Commercial (C-1) Zone in the Town Centre and notwithstanding anything else in
this By-law on a corner lot in the C-1 zone, no part of any building or accessory building
shall be erected closer to the lot line of the flanking street than ten (10) feet.
[34]
PART 12 TOURIST COMMERCIAL (C-2) ZONE
C-2 USES PERMITTED
1. No development permit shall be issued in a Tourist Commercial (C-2) Zone except for one or
more of the following uses:
-Tourist Cabins
-Tourist Establishments and accessory uses
-Public and Private Campgrounds and accessory uses
-Tourist Trailer Parks and accessory uses
-Institutional Uses
-Residential Uses
-Retail sales within wholly enclosed buildings of the following:
-Antiques
- Arts and Craft Objects
-Fish and Seafood
- Gifts and Souvenirs
C-2 ZONE REQUIREMENTS
2. No development permit shall be issued for a Tourist Commercial (C-2) Zone except in
accordance with the requirements set out in Table 6 of this By-law.
PARKING REQUIREMENTS FOR THE C-2 ZONE
3. For every building or structure to be erected or to be enlarged, or a change in use, off street
parking located within the C-2 zone and having unobstructed access to a public street shall be
provided and maintained in conformity with the following schedule:
TYPE OF BUILDING
PARKING REQUIREMENT
a. Hotel, motels, tourist cabins
One (1) parking space per suite or rental unit
PLUS
One (1) additional parking space for each fifty (50)
square feet of floor area devoted to public use
exclusive of lobbies and halls.
b. Retail Establishments
One (1) parking space per three hundred (300)
square feet of floor area.
[35]
Table 6
C-2 ZONE REQUIREMENTS3
Tourist Cabins
Public and Private
Campgrounds Tourist
Trailer Parks
Other Institutional
Uses
Tourist
Establishments
& all other uses
Churches2
1. Minimum Lot Area
40,000 sq. ft.
40,000 sq ft
~
15,000 sq ft
20,000 sq ft
2. Minimum Lot Frontage1
150 ft
150 ft
~
150 ft
100 ft
3. Minimum Front Yard
35 ft
35 ft
~
25 ft
25 ft
4. Minimum Rear Yard
25 ft
25 ft
25 ft
25 ft
25 ft
5. Minimum Side Yard
15 ft
25 ft
25 ft
25 ft
15 ft
6. Maximum Height of Main Building
35 ft
35 ft
35 ft
35 ft
35 ft
Notes
1. On the mainland Brighton Road and the East Green Harbour approach road the front yard setback starts from the front lot line which is 33 feet from the centre
of the road.
2. Off-street parking shall be provided in accordance with Part 8, Section 3 of this By-law.
3. All development shall occur on lots which abut or front on a public street.
[36]
SPECIAL PROVISION - BUSINESS USES IN RESIDENTIAL DWELLINGS
4. Nothing in this By-law shall prevent in the C-2 Zone the use of a residential dwelling or a
building accessory to a residential dwelling for a commercial use, businesses involving
domestic household arts, or professional purpose subject to the criteria set out in Section 4,
Part 8 (Residential General (R-1) Zone) of this By-law.
SPECIAL REQUIREMENTS - USES ADJACENT RESIDENTIAL AND INSTITUTIONAL
USES
5. Where a C-2 use abuts a residential or institutional use, the required side and rear yards shall
be 25 feet. This provision may be waived where a fence or other visual or physical barrier at
least six (6) feet in height has been erected and in this case the required side yards shall be
then (10) feet.
OPEN STORAGE IN THE C-2 ZONE
6. No open storage of automobile parts or bodies or parts of other vehicles or machinery or
goods, material or equipment shall be placed, stored or kept as outdoor storage in the C-2
zone.
MORE THAN ONE MAIN BUILDING ON A LOT
7. More than one main building may be erected on a lot in the C-2 zone provided all other zone
requirements are satisfied.
CORNER VISION TRIANGLE
8. On a corner lot in the C-2 zone, a fence, sign, hedge, shrub, bush or tree or any other
structure or vegetation shall not be erected or permitted to grow to a height greater than two
(2) feet above grade of the roads that abut the lot within the triangular area included within
the road lines for a distance of ten (10) feet from their point of intersection.
SIDE YARDS ON CORNER LOTS
9. On a corner lot in the C-2 zone, no part of any building or accessory building shall be erected
closer to the lot line of the flanking street than ten (10) feet.
[37]
PART 13 INDUSTRIAL GENERAL (M-1) ZONE
M-1 USES PERMITTED
1. No development permit shall be issued in an Industrial General (M-1) Zone except for one or
more of the following uses:
- Any manufacturing, industrial, assembly or warehousing operation conducted and wholly
contained within an enclosed building and which is not obnoxious by reason of sound, odor,
dust, fumes or smoke, or by reason of unsightly open storage.
-Any activity connected with the automotive trade.
-Boat and Marine Supplies and Sales
-Building Supply and Equipment Depots but excluding the bulk storage of sand or gravel.
-Commercial Uses accessory to a main use permitted in an M-1 Zone which is conducted in
the main building.
-Fish plants, but not fish reduction plants
-Utilities
-Service Industries
-Storage buildings for fishing equipment or vehicles
-Institutional uses
-Scrap yard
-Salvage yard
-Auto body shop
M-1 ZONE REQUIREMENTS
2. In an Industrial General (M-1) Zone, no development permit shall be issued except in
accordance with the requirements set out in Table 7.
PARKING REQUIREMENTS FOR THE M-1 ZONE
3. Off-street parking shall be provided and maintained in the M-1 zone according to the
following provisions:
a) One (1) off-street parking space for every 1,000 square feet of gross floor area used
for industrial or wholesale purposes, whichever is greater;
b) The off-street parking is located in the M-1 zone; and
c) The off-street parking has unobstructed access to a public street.
[38]
Table 7
M-1 ZONE REQUIREMENTS1
Industrial Uses
Scrap Yards, Salvage Yards, and Auto
Body Repair Shops
Institutional Uses
1. Minimum Lot Area
20,000 sq ft
40,000 sq ft
~
2. Minimum Lot Frontage
100 ft
100 feet
~
3. Minimum Front Yard
20 ft
50 feet
50 feet
4. Minimum Rear Yard
40 ft
10 feet
10 feet
5. Minimum Side Yard
20 ft
30 feet
20 feet
6. Maximum Height of Main Building
35 ft
35 ft
35 ft
Notes
1. All development shall abut or front on a public street except for development on a wharf. For development on a Government wharf all lot requirements
shall be waived.
[39]
ABUTTING ZONE REQUIREMENTS
4. Where a yard or lot located within the Industrial (M-1) Zone abuts a Residential (R-1, R-2 or
R-3), Open Space and Recreation (OS-1) Zone, or the community centre, the following
restrictions shall apply:
a) No open storage or outdoor display shall be permitted in an abutting yard in the
Industrial Zone;
b) No parking space shall be permitted in an abutting yard within 20 feet of a side or
rear lot line; and
c) Signs shall be regulated as provided in Part 7.
RESTRICTIONS ON OPEN STORAGE AND OUTDOOR DISPLAY
5. Notwithstanding Clause (a) of Section 4 of this Part, the following restrictions shall apply to
open storage or outdoor display in the M-1 zone:
a) Open storage or outdoor display shall not be permitted within the required front yard
of a lot;
b) The area devoted to open storage or outdoor display shall not exceed fifty (50)
percent of the lot area;
LOADING SPACE REQUIREMENTS
6. In the M-1 zone, no person shall erect or use any building or structure involving the frequent
shipping, loading or unloading of persons, animals or goods, unless there is maintained on
the same premises with every such building, structure or use, one off-street space for
standing, loading and unloading for every thirty thousand (30,000) square feet or fraction
thereof of building floor area used for any such purpose to a maximum of six (6) loading
spaces.
a) Each loading space shall be at least fourteen (14) feet by forty (40) feet with a
minimum of fourteen (14) feet in height clearance.
b) The provision of a loading space for any building with less than fifteen hundred
(1,500) square feet shall be waived by Council.
c) A loading space shall not be located in any required front yard or be located within
any yard which abuts a residential, open space or special use zone.
[40]
d) Ingress and egress to and from the required loading space areas shall be a minimum
of then (10) feet if for one-way traffic and a maximum of eighteen (18) feet if for
two-way traffic and the maximum width of a driveway shall be twenty-five (25) feet.
SPECIAL REQUIREMENTS: SCRAP YARD, SALVAGE YARD AND AUTO BODY
REPAIR SHOP
7. Notwithstanding Section 5 of this Part, no development permit shall be issued for a salvage
yard, scrap yard or auto body repair shop except in accordance with the following special
requirements:
a) That a minimum separation distance of fifty (50) feet is maintained between any part
of the salvage yard, scrap yards, or auto body repair shop and any abutting residential,
institutional or recreational lot line.
b) That areas used for loading and unloading or open storage shall be screened by
natural landforms, existing or planted vegetation an opaque fence or a combination of
such method of screening so as not to be visible from abutting residential,
institutional or recreational uses or from public roads.
SPECIAL EXEMPTION - REDUCED SIDEYARD
8. Where industrial uses abut, the abutting side yard requirement for each use shall be reduced
to fifteen (15) feet.
SPECIAL EXEMPTION - YARDS ABUTTING COASTAL SHORELINE
9. In the M-1 zone the yard requirement shall be waived for any yard which abuts a coastal
shoreline.
MORE THAN ONE MAIN BUILDING ON A LOT
10. More than one main building may be erected on a lot in the M-1 zone provided all other zone
requirements are satisfied.
SIDE YARDS ON CORNER LOTS
11. On a corner lot in the M-1 zone, no part of any building or accessory building shall be
erected closer to the lot line of the flanking street than ten (10) feet.
[41]
CORNER VISION TRIANGLE
12. On a corner lot in the M-1 zone, a fence, sign, hedge, shrub, bush or tree or any other
structure or vegetation shall not be erected or permitted to grow to a height greater than two
(2) feet above grade of the roads that abut the lot within the triangular area included within
the road lines for a distance of ten (10) feet from their point of intersection.
SPECIAL REQUIREMENT - DEVELOPMENT ON A GOVERNMENT WHARF
13. The lot requirements in this Part shall be waived for development on Government Wharves.
[42]
PART 14 OPEN SPACE AND RECREATION (OS-1) ZONE
OS-1 USES PERMITTED
1. No development permit shall be issued in an Open Space and Recreation (OS-1) Zone except
for the following uses:
-Public parks and Recreation Uses
-Campgrounds and Tourist Trailer Park
-Tourist Information Booths
-Institutional Uses
-Salt Water Pumping Station
-Sewage Treatment Plant
OS-1 ZONE REQUIREMENTS
2. No development permit shall be issued in any Open Space and Recreation (OS-1) Zone
unless the minimum setback from any lot line for any main building is twenty-five (25) feet.
MORE THAN ONE MAIN BUILDING
3. More than one main building may be erected on a lot in the OS-1 zone.
[43]
PART 15 DEFINITIONS
For the purpose of this By-law, all words shall carry their customary meaning except for those
defined hereafter.
1. ACCESSORY BUILDING means a subordinate building or structure on the same lot as the
main building devoted exclusively to an accessory use, but does not include a building
attached in any way to the main building, or a building located completely underground.
2. ACCESSORY USE means a use subordinate and naturally, customarily and normally
incidental to and exclusively devoted to a main use of land or building and located on the
same lot.
3. ALTER means any change in the structural component of a building, or any increase in the
volume of a building or structure.
4. AMUSEMENT ARCADE means a commercially operated facility providing more than two
(2) amusement machines.
5. AMUSEMENT MACHINE means any mechanical device which is operated by the
introduction of a coin or coins, counter or counters, slug or slugs, or is designed or normally
intended to be so operated, which does not dispense goods, wares or services, but is used as a
source of skill testing, amusement or entertainment, including, but not limited to, television
games, driving games, pinball machines, shuffleboards, pool tables, and other similar coin-
operated devices.
6. APARTMENT BUILDING means a building containing three or more dwelling units
which have a common entrance from the street level.
7. AUTO BODY REPAIR SHOP means a building or part of a building or a clearly defined
space on a lot where motor vehicle bodies are repaired and does not include an auto service
station, an automobile washing establishment or an automobile sales establishment.
8. AUTOMOBILE SERVICE STATIONS OR SERVICE STATION means a building or
part of a building or a clearly defined space on a lot used for the retail sale of gasolines and
lubricating oils and may include the sale of automobile accessories and the servicing and
minor repairing essential to the actual operation of motor vehicles.
9. BLOCK means the smallest unit of land the boundaries of which consist entirely of public
streets, rivers, public parks or any combination thereof.
10. BOARDING HOUSE means a dwelling in which the proprietor supplies either room or
room and board for monetary gain, to more than two persons exclusive of the lessee or owner
thereof or members of his family and which is not open to the general public.
[44]
11. BUILDING means any structure whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals, material or equipment. Any
awning, bin, bunker, platform, vessel, or vehicle used for any of the said purposes shall be
deemed a building.
12. BUILDING LINE means any line regulating the position of a building or structure on a lot.
13. CAMP means a land and building complex designed or used for group sport, recreational or
cultural activities which may have facilities for sleeping and the preparation and serving of
food, operated under single ownership on a temporary or seasonal basis.
14. COMMERCIAL means any use by which retail or wholesale trade is carried on, and those
other uses involving sale of goods, materials and services.
15. CONVERTED DWELLING means a building converted to contain a greater number of
dwelling units than the building contained prior to that conversion.
16. CORNER VISION TRIANGLE means that part of a corner lot adjacent to the intersection
of the exterior lot lines measured from such intersection, the distance required by this By-
law, along each such street line and joining such points with a straight line. The triangular
shaped land between the intersecting lines and the straight line joining the points the required
distance along the street lines shall be known as the "corner vision triangle".
17. COUNCIL means the Council of the Town of Lockeport
18. DEVELOPMENT AGREEMENT means an agreement made pursuant to the provisions of
Section 55 of the Planning Act.
19. DEVELOPMENT OFFICER means the officer of the Town of Lockeport from time to
time charged by the Town with the duty of administering the provisions of the Zoning By-
law.
20. DOMESTIC AND HOUSEHOLD ARTS includes dressmaking, tailoring, hairdressing,
instruction in music, dancing, arts and crafts, weaving, painting, sculpturing, moulding, or
otherwise making or repairing garden or household ornaments, articles of clothing, personal
effects or toys and including the smoking of meat or fish where such an activity involves a
smokehouse of not more than 20 square feet in area.
21. DWELLING means a building, occupied or capable of being occupied as a home, residence
or sleeping place by one or more persons, containing one or more dwelling units and shall
not include a hotel, a motel or an apartment hotel.
[45]
22. DWELLING UNIT means one or more habitable rooms designed or intended for use by one
or more individuals as an independent and separate housekeeping establishment in which
separate kitchen and sanitary facilities are provided for the exclusive use of such individual
or individuals, with a private entrance from outside the building or from a common hallway
or stairway inside the building.
23. DUPLEX means a building that is divided horizontally into two dwelling units each of
which has an independent entrance either directly from outside the building or through a
common vestibule.
24. ERECT means to build, construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing shall be taken to include any preliminary physical operation such
as excavating, grading, piling, cribbing, filling or draining, or structurally altering any
existing building or structure by an addition, deletion, enlargement or extension.
25. ESTABLISHED BUILDING LINE means the average distance of the existing building
from the street line of existing buildings in any block where more than half the frontage has
been built upon at the effective date of this By-law.
26. EXISTING means existing as of April 25, 1977, the date of the previous By-law.
27. FLOOR AREA
a) With Reference to a Dwelling means the maximum floor area contained within the
outside walls excluding any private garage, porch, verandah, sunroom, unfinished
attic or basement and cellar or other room not habitable at all seasons of the year.
b) Commercial Floor Area means the total useable floor area within a building used for
commercial purposes but excludes washrooms, furnace and utility rooms, and
common malls between stores.
28. GROUP DWELLING means two or more dwelling units which are contained within two or
more buildings located on a lot.
29. GROUP HOME means a single housekeeping unit in a residential dwelling in which three
to ten residents live together under supervision, in accordance with Provincial requirements.
The home shall be licensed or approved by the Province. "Residents" for the purpose of this
definition shall be defined as to exclude staff or receiving family.
30. GUEST HOUSE OR BED AND BREAKFAST means a dwelling where the property
supplies either room or room and board for monetary gain where not more than six rooms are
so used and which is open to the travelling public.
[46]
31. HEIGHT means the vertical distance of a building between the established grade and
a) The highest point of the roof surface of the parapet, or a flat roof; whichever is the
greater
b) The deckline 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 shall not include any construction used as ornament or for the mechanical operation
of the building, a mechanical penthouse, chimney, tower, cupola or steeple.
32. HOME OCCUPATION means a use of a dwelling or accessory building for gainful
employment for commercial use, domestic and household arts or professional office.
33. HOSTEL means a building or buildings or part thereof on the same site used to
accommodate the travelling public not for gain or profit, by supplying them with sleeping
accommodation with or without meals but without private cooking facilities.
34. HOTEL OR MOTEL means a building or buildings or part thereof on the same site used to
accommodate the travelling public for gain or profit, by supplying them with sleeping
accommodation with or without meals but without private cooking facilities.
35. INSTITUTION means a building or part of a building used by an organized body or society
for promoting a particular purpose with no intent of profit. It includes such uses as the post
office, the senior citizen club, the Royal Canadian Legion, the tourist booth, the library, the
museum, the schools and the community centre.
36. KENNEL means a building or structure where animals, birds or other livestock intended or
used as domestic household pets are kept or boarded for profit.
37. LANDSCAPING means any combination of trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, paving, screening or other architectural
elements, all of which is designed to enhance the visual amenity of a property or to provide a
screen to mitigate any objectionable aspects that may detrimentally affect adjacent land.
38. LOT means any parcel of land described in a deed as a lot or as shown as an approved lot on
a registered plan of subdivision.
a) CORNER LOT means a lot situated at the intersection of and abutting on two or
more streets. The shorter lot line shall be deemed the front lot line of the said lot.
b) INTERIOR LOT means a lot situated between two lots and having access to one
street.
[47]
c) THROUGH LOT means a lot bounded on two opposite sides by streets or highway
provided, however, that if any lot qualifies as being both a Corner Lot and Through
Lot as hereinbefore defined, such lot shall be deemed to be a Corner Lot for the
purpose of this By-law.
39. LOT AREA means the total horizontal area within the lot lines of a lot.
40. LOT DEPTH means the horizontal distance between the front and rear lot lines. Where
these lot lines are not parallel the lot depth shall be the length of a line joining the midpoints
of the front and rear lot lines.
41. LOT FRONTAGE means the length of a straight line joining the side lot lines where the
side lot lines meet the street. (See calculation of lot frontage for irregular shaped parcels in
PART 6 GENERAL PROVISIONS FOR ALL ZONES.)
42. LOT LINE means a boundary line of a lot.
a) FRONT LOT LINE means the line dividing the lot from the street; in the case of a
corner lot the shorter boundary line abutting the street shall be deemed the front lot
line and the longer boundary line abutting the street shall be deemed the side lot line
and where such lot lines are of equal length the front lot line shall be either of the lot
lines. In the case of a through lot, any boundary dividing the lot from a street shall be
deemed to be the front lot line.
b) REAR LOT LINE means the lot line furthest from or opposite to the front lot line.
c) SIDE LOT LINE mans a lot line other than a front or rear lot line.
d) FLANKING LOT LINE means a side lot line which abuts the street on a corner lot.
43. MAIN BUILDING means the building in which is carried on the principal purpose for
which the lot is used.
44. MOBILE HOME means a detached dwelling designed to be used as a dwelling and for
transportation after fabrication, whether on its own wheels or on a flatbed or other trailer, and
which arrives at the site where it is to be occupied as a dwelling complete and ready for
occupancy, (except for minor and incidental unpacking and assembling operations), located
on wheels, jacks or permanent foundation, and which may be connected to utilities and
sanitary services, and the foregoing shall include mobile homes and modular dwellings
having any main walls with a length of less than twenty (20) feet.
[48]
45. NURSING HOME means a building wherein nursing care, room and board are provided to
individuals incapacitated in some manner for medical reasons but does not include a hospital.
46. OBNOXIOUS USE shall mean a use which, from its nature or operation creates a nuisance
or is offensive by the creation of noise or vibration, or by reason of the emission of gas,
fumes, dust, oil or objectionable odor, or by reason of the unsightly storage of goods, wares,
merchandise, salvage, refuse matter, waste or other material.
47. OFFICE means a room or rooms where business may be transacted, a service performed or
consultation given but shall not include the manufacturing of any product or the retail selling
of goods.
48. PARKING AREA means an open area containing parking spaces, other than a street, for
two or more motor vehicles, available for public use or as an accommodation for clients,
customers or residents and which has adjacent access to permit ingress or egress of motor
vehicles to a street or highway by means of driveways, aisles or maneuvering areas where no
parking or storage of motor vehicles is permitted.
49. PARKING SPACE means an area of not less than two hundred (200) square feet, measuring
ten (10) feet by twenty (20) feet exclusive of driveways or aisles, for the temporary parking
or storage of motor vehicles.
50. PRIVATE BOATHOUSE means an enclosed, or partially enclosed structure for the storage
of a boat, boats or materials related thereto, in which no business, occupation or service is
conducted for profit and which excludes a private garage.
51. PRIVATE GARAGE means an enclosed or partially enclosed structure for the storage of
one or more vehicles, in which no business, occupation, or service is conducted for profit.
52. PRIVATE STORAGE BUILDING means an enclosed or partially enclosed structure for
the storage of materials or goods in which no business, occupation or service is conducted for
profit and includes a private garage and a private boat house.
53. PROFESSIONAL OFFICE means a room or rooms where business may be transacted, a
service performed or consultation given, but shall not include the manufacturing of any
product or selling of goods.
54. RECREATIONAL USES means the use of land for parks, playgrounds, tennis courts, lawn
bowling greens, indoor or outdoor skating rinks, athletic fields, golf courses, picnic areas,
swimming pools, day camps, community centres and similar uses to the foregoing, together
with necessary and accessory buildings and structures, but not including a tract for the racing
of animal or any form of motorized vehicles.
[49]
55. RESTAURANT means a building or part thereof where food and drink is served to the
public for consumption within the building or for take-out but not for consumption in parking
areas appurtenant to the building.
56. RETAIL STORE means a building or part thereof in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale directly to the public at retail value.
57. SALVAGE YARD OR SCRAP YARD means a lot or premises for the storage or handling
of scrap material, and without limiting the generality of the foregoing, shall include waste
paper, rags, bones, bottles, used bicycles, vehicles, tires, metal or other scrap material or
salvage.
58. SEMI-DETACHED DWELLING means a building that is divided vertically into two
dwelling units each of which has an independent entrance.
59. SENIOR CITIZEN APARTMENT means a dwelling unit of one or more rooms together
with private lavatory accommodation and kitchen designed and constructed by the Nova
Scotia Department of Housing and used for the exclusive occupancy of one or two elderly
persons.
60. SETBACK means the distance between the street line and the nearest main wall of any
building or structure and extending the full width or length of the lot.
61. SHOPPING CENTRE means a separate use of land containing a building or building
complex on a lot designated, developed and managed as a unit by a single owner or tenant, or
a group of owners or tenants containing an interrelated group of more than 3 commercial
uses, distinguished from a business area comprising unrelated individual uses and
characterized by the sharing of common parking areas and driveways.
62. SIGN means a structure, device, light or natural object including the ground itself, or any
part thereof, or any device attached thereto, or painted or represented thereon, which shall be
used to identify, advertise, or attract attention to any object, product, place, activity, person,
institution, organization, firm, group, commodity, profession, enterprise, industry or
business, or which shall display or include any letter, work, model, number, banner, flag,
pennant, insignia, device or representation used as an announcement, direction, or
advertisement, and which is intended to be seen from off the premises or from a parking lot.
The word "sign" shall include signs which are affixed to the inside of windows and glass
doors and are intended to be seen from roadways or parking lots. No other indoor sign shall
be deemed a sign within this By-law.
a) GROUND SIGN means a sign supported by one or more uprights, poles or braces
placed in or upon the ground.
[50]
b) ILLUMINATED SIGN means a sign that provides artificial light directly, or
through any transparent or translucent material, from a source of light connected with
such sign, or a sign illuminated by a light focused, upon or chiefly directed at the
surface of the sign.
c) PROJECTING WALL SIGN means a sign which projects from and is supported by
a wall of a building.
d) FACIAL WALL SIGN means a sign which is attached to and supported by a wall of
a building.
e) SIGN AREA means the area of the smallest triangle, rectangle or circle or semi-
circle which can wholly enclose the surface area of the sign. All visible faces of a
multi-faceted sign shall be counted separately and then totaled in calculating sign
area. Three dimensional signs shall be treated as dual-faced signs, such that the total
area shall be twice the area of the smallest triangle, rectangle or circle or semi-circle
which can totally circumscribe the sign in the plane of its largest dimension.
f) NUMBER OF SIGNS means a sign shall consist of a single display surface or
display device containing elements organized, related, and composed to form a unit.
Where matter is displayed in a random manner without organized relationship or
elements, or where there is reasonable doubt about the relationship of elements, each
element shall be considered to be a single sign.
63. SINGLE DETACHED DWELLING means a completely detached dwelling unit.
64. STREET OR ROAD means the whole and entire right-of-way of every highway, street or
road vested in the Province of Nova Scotia or the Town of Lockeport.
65. STREET LINE means the boundary line of a street.
66. STRUCTURE means anything that is erected, built, or constructed or parts joined together
or any such erection fixed to or supported by the soil or by any other structure. A structure
shall include buildings, walls and signs and also fences exceeding six (6) feet in height.
67. TOURIST CABIN means a dwelling intended for use by not more than one family and
designed and built for seasonal or periodic occupancy rather than for permanent year round
use by reason of its light frame construction or lack of basement or concrete slab foundation
or lack of furnace or other facility suitable for winter heating or lack of plastering or other
finish on interior walls or ceilings.
[51]
68. TOURIST ESTABLISHMENT means a building or buildings which are used to
accommodate the travelling public for gain or profit by supplying them with sleeping
accommodation, with or without meals, and shall include a guest house, tourist cabins, a
motel, an auto court, and a hotel.
69. TOURIST TRAILER means a trailer that is used or intended by the manufacturer to be
used for short-term or seasonal occupancy and is or is intended to be located or parked on a
site for a temporary or seasonal period.
70. TOURIST TRAILER PARK means an establishment comprising land or premises under
single ownership used or intended to be used for the parking of tourist trailers on a temporary
or seasonal basis, such as for a day, a week, or for a season.
71. TOWN CENTRE AREA means the area of land on Locke Island designated commercial on
the Generalized Future Land Use Map in the Municipal Planning Strategy.
72. TOWNHOUSE DWELLING means a building that is divided vertically into three or more
dwelling units, each of which has independent entrances, to a front and rear yard immediately
abutting the front and rear walls of each dwelling unit.
73. WATER FRONTAGE means the distance measured as a straight line, between the two
points where the side lot lines of a lot meet the navigable watercourse.
74. YARD means an open, uncovered space on a lot appurtenant to a building (except a court)
and unoccupied by buildings or structures except as specifically permitted elsewhere in this
By-law. In determining yard measurements the minimum horizontal distance from the
respective lot lines shall be used.
a) FRONT YARD means a yard extending across the full width of a lot between the
front lot lined and the nearest wall of any building or structure on the lot; a
"Minimum" front yard means the minimum depth allowed by this By-law of a front
yard on a lot between the front lot line and the nearest main wall of any main building
or structure on the lot.
b) REAR YARD means a yard extending across the full width of a lot between the rear
lot line on the nearest wall of any main building or structure on the lot; and
"Minimum" rear yard means the minimum depth allowed by this By-law of a rear
yard on a lot between the rear lot line and the nearest main wall of any main building
or structure on the lot.
[52]
c) SIDE YARD means a yard extending from the front yard to the rear yard of a lot
between a side lot line and the nearest wall of any building or structure on the lot; and
"minimum" side yard means the minimum width allowed by this By-law of a side
yard on a lot between a side lot line and the nearest main wall on any main building
or structure on the lot.
d) FLANKAGE YARD means the side yard of a corner lot which side yard extends
from the front yard to the rear yard between the flankage lot line and the nearest main
wall of any building or structure.
75. ZONE means a designated area of land shown on the Schedules of this By-law.