Land Use By-law

Mahone Bay, Nova Scotia · adopted 2024-03-20

This is the exact embedded text of the captured official document. Snapshot 195a6075099d · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Town of Mahone Bay Land Use Bylaw 2024 Credits This Bylaw was initially prepared by UPLAND Planning and Design and the Town of Mahone Bay. First Reading: 2024.01.12 Second Reading: 2024.01.31 Effective date: 2024.03.20 With amendments to: 2025.10.21 PLAN MAHONE BAY Town of Mahone Bay Land Use Bylaw 2024 Prepared for the Town of Mahone Bay Prepared by UPLAND Planning and Design Contents 1. Title and Purpose ...................................................................................................................................... 1 1.1. Title ........................................................................................................................................................... 1 1.2. Purpose..................................................................................................................................................... 1 2. Zones ........................................................................................................................................................ 2 2.1. Zones ........................................................................................................................................................ 2 2.2. Reference to Zone .................................................................................................................................... 2 2.3. Zoning Maps ............................................................................................................................................. 2 2.4. Zones Not on the Maps ............................................................................................................................ 2 2.5. Interpretation of Zone Boundaries ........................................................................................................... 3 3. Interpretation ........................................................................................................................................... 4 3.1. Certain Words........................................................................................................................................... 4 3.2. Conflict ..................................................................................................................................................... 4 3.3. Definitions ................................................................................................................................................ 4 3.4. Units of Measurement ............................................................................................................................. 5 3.5. Severability ............................................................................................................................................... 5 4. Administration of this Bylaw .................................................................................................................... 6 4.1. Administration of Bylaw ........................................................................................................................... 6 4.2. Right of Entry ............................................................................................................................................ 6 4.3. Enforcement and Penalty ......................................................................................................................... 6 4.4. Compliance with Other Legislation .......................................................................................................... 6 4.5. Restoration to a Safe Condition ............................................................................................................... 6 4.6. Effective Date ........................................................................................................................................... 7 4.7. Existing Structures and Uses .................................................................................................................... 7 4.8. Repeal of Bylaw ........................................................................................................................................ 7 4.9. Development Permit ................................................................................................................................ 8 4.10. Application Requirements ........................................................................................................................ 9 4.11. Variances ................................................................................................................................................ 11 4.12. Site Plan Approval .................................................................................................................................. 12 5. General Provisions .................................................................................................................................. 13 5.1. Scope of General Provisions ................................................................................................................... 13 5.2. Accessory Buildings and Structures ........................................................................................................ 13 5.3. Accessory Dwellings ............................................................................................................................... 14 5.4. Accessory Uses ....................................................................................................................................... 14 5.5. Adaptive Reuse of Former Institutional Buildings .................................................................................. 15 5.6. Architectural Control .............................................................................................................................. 15 5.7. Automobile Body Shops and Automobile Repair Shops ......................................................................... 17 5.8. Automobile Service Stations .................................................................................................................. 18 5.9. Buildings or Structure to be Moved ....................................................................................................... 18 5.10. Campgrounds ......................................................................................................................................... 18 5.11. Cemeteries ............................................................................................................................................. 18 5.12. Coastal Elevation .................................................................................................................................... 19 5.13. Conformity with Existing Setbacks ......................................................................................................... 19 5.14. Commercial Livestock ............................................................................................................................. 19 5.15. Connection to Central Services .............................................................................................................. 20 5.16. Conservation Uses .................................................................................................................................. 20 5.17. Construction Accessories ....................................................................................................................... 20 5.18. Converted Dwellings............................................................................................................................... 20 5.19. Drive-through Uses ................................................................................................................................. 20 5.20. Electrical Vehicle Charging ..................................................................................................................... 21 5.21. Existing Lots Lacking Minimum Area ...................................................................................................... 21 5.22. Fences ..................................................................................................................................................... 22 5.23. Flag Lots .................................................................................................................................................. 22 5.24. Fronting on a Public Street ..................................................................................................................... 23 5.25. Habitation of Vehicles ............................................................................................................................ 23 5.26. Heavy Industrial Uses ............................................................................................................................. 23 5.27. Height Requirements.............................................................................................................................. 24 5.28. Heritage Incentives ................................................................................................................................. 24 5.29. Home Offices and Studios ...................................................................................................................... 25 5.30. Instruction of One or Two Students at a Time ....................................................................................... 25 5.31. Home-based Businesses ......................................................................................................................... 25 5.32. Illumination ............................................................................................................................................ 26 5.33. Landscaping and Stormwater Management .......................................................................................... 27 5.34. Multiple Main Buildings.......................................................................................................................... 27 5.35. Multiple Uses .......................................................................................................................................... 27 5.36. Non-conforming Uses ............................................................................................................................. 27 5.37. Non-conforming Structures .................................................................................................................... 28 5.38. Parking and Loading ............................................................................................................................... 28 5.39. Parks and Playgrounds ........................................................................................................................... 28 5.40. Permitted Encroachments in Minimum Setbacks .................................................................................. 29 5.41. Personal Storage Buildings ..................................................................................................................... 29 5.42. Public Utilities ......................................................................................................................................... 30 5.43. Salvage Yards .......................................................................................................................................... 30 5.44. Shipping Containers ................................................................................................................................ 30 5.45. Short-term Rentals ................................................................................................................................. 31 5.46. Side Yard Requirements - Exceptions .................................................................................................... 31 5.47. Signs and Advertising ............................................................................................................................. 31 5.48. Special Uses Permitted ........................................................................................................................... 31 5.49. Solar Collector Systems - Accessory ...................................................................................................... 32 5.50. Tree Identification and Replacement ..................................................................................................... 32 5.51. Urban Agriculture Uses .......................................................................................................................... 33 5.52. Visibility of Intersections ........................................................................................................................ 34 5.53. Watercourse Buffer ................................................................................................................................ 34 5.54. Watercourse Buffer Reduction ............................................................................................................... 35 5.55. Wind Turbines ........................................................................................................................................ 35 5.56. Wharves, Piers, and Other Coastal Access Uses ..................................................................................... 36 5.57. Wood-burning Furnaces and Waterstoves - Outdoor ............................................................................ 36 6. Parking .................................................................................................................................................... 37 6.1. Exemption from Parking Requirements ................................................................................................. 37 6.2. Minimum Number of Parking Spaces Requirements ............................................................................. 37 6.3. Parking and Loading Exemption in the Commercial Core ...................................................................... 39 6.4. Parking Location ..................................................................................................................................... 39 6.5. Automobile Parking Area Standards ...................................................................................................... 40 6.6. Loading Spaces ....................................................................................................................................... 41 6.7. Commercial Vehicles in Residential Zones ............................................................................................. 42 6.8. Minimum Number of Bicycle Parking Spaces ......................................................................................... 42 6.9. Bicycle Parking Instead of Automobile Parking Spaces .......................................................................... 43 6.10. Bicycle Parking Space Standards ............................................................................................................ 43 7. Signs........................................................................................................................................................ 44 7.1. Signage Provisions for All Zones ............................................................................................................. 44 7.2. Signs Prohibited in All Zones .................................................................................................................. 45 7.3. Signs Permitted in All Zones ................................................................................................................... 46 7.4. Illumination ............................................................................................................................................ 47 7.5. Non-commercial Signs ............................................................................................................................ 47 7.6. Ground Signs .......................................................................................................................................... 47 7.7. Electronic Message Board and Changeable Copy Signs ......................................................................... 47 7.8. Projecting Wall Signs .............................................................................................................................. 48 7.9. Wall Signs ............................................................................................................................................... 49 7.10. Window Signs ......................................................................................................................................... 49 7.11. Sandwich Board Signs ............................................................................................................................. 49 7.12. Off-Premise Signs ................................................................................................................................... 49 7.13. Signs in Residential Zones ...................................................................................................................... 49 7.14. Abutting Zone Requirements for Signs ................................................................................................... 49 8. Residential Zones.................................................................................................................................... 51 8.1. Special Requirements for Residential Zones .......................................................................................... 51 8.2. Permitted Uses in the Residential Zones ................................................................................................ 52 8.3. Residential Core Zone Development Standards ..................................................................................... 55 8.4. Residential General Zone Development Standards ................................................................................ 56 8.5. Residential Multi-unit Zone Development Standards ............................................................................ 57 9. Commercial Zones .................................................................................................................................. 58 9.1. Special Requirements for Commercial Zones ......................................................................................... 58 9.2. Permitted Uses in the Commercial Zones .............................................................................................. 60 9.3. Commercial Core Zone Development Standards ................................................................................... 65 9.4. Commercial General Zone Development Standards .............................................................................. 66 10. Industrial Zones ...................................................................................................................................... 67 10.1. Special Requirements for Industrial Zones ............................................................................................. 67 10.2. Permitted Uses in the Industrial Zone .................................................................................................... 68 10.3. Industrial General Zone Development Standards .................................................................................. 71 11. Unserviced Zones ................................................................................................................................... 72 11.1. Special Requirements for Unserviced Zones .......................................................................................... 72 11.2. Permitted Uses in the Unserviced Zones................................................................................................ 73 11.3. Residential Unserviced Zone Development Standards .......................................................................... 75 12. Open Shoreline Zone .............................................................................................................................. 76 12.1. Special Requirements for Open Shoreline Zone ..................................................................................... 76 12.2. Permitted Uses in the Open Shoreline Zone .......................................................................................... 76 12.3. Open Shoreline Zone Development Standards ...................................................................................... 77 13. Parks and Open Space Zone ................................................................................................................... 78 13.1. Special Requirements for Parks and Open Space Zone .......................................................................... 78 13.2. Permitted Uses in the Parks and Open Space Zone ............................................................................... 78 13.3. Parks and Open Space Zone Development Standards ........................................................................... 79 14. Institutional Zone ................................................................................................................................... 80 14.1. Special Requirements for Institutional Zone .......................................................................................... 80 14.2. Permitted Uses in the Institutional Zone................................................................................................ 80 14.3. Institutional Zone Development Standards............................................................................................ 83 15. Conservation Zone.................................................................................................................................. 84 15.1. Conservation Zone.................................................................................................................................. 84 16. Site Plan Approval .................................................................................................................................. 85 16.1. Commercial, Industrial, and Institutional Site Plan Criteria ................................................................... 85 16.2. Residential Site Plan Criteria .................................................................................................................. 89 16.3. Parking Lots ............................................................................................................................................ 92 17. Definitions .............................................................................................................................................. 94 18. Schedules and Appendices ................................................................................................................... 121 Appendix 'A' - Areas of Increased Parking Requirements ................................................................................. 122 How to use this Land Use Bylaw The Land Use Bylaw is a legal document that is adopted by Town Council for the purpose of managing growth in the Town. The Land Use Bylaw divides the Town into Zones, each of which has an associated set of rules and regulations. If you wish to conduct development in Mahone Bay, please follow this generalized process: 1. Determine the property's land use zone The Town of Mahone Bay is divided into land use zones, and each property has a designated zone or zones. Land use zones control development in an area to ensure future development is in keeping with the general area and to reduce potential conflicts with neighbouring uses. Refer to Schedule 'A', the Zoning Maps, to determine the use zone or zones applicable to your property. Structures or uses that do not comply with this Bylaw, but legally existed on the day the Bylaw became effective, may continue their operation as a non-conforming structure or use. If a structure or use becomes non-conforming, there are provincial and municipal regulations that should be considered to ensure it can continue to operate. However, if a non-conforming use ceases to operate for one year, it will be subject to the new planning rules. 2. Find out if you need a development permit By default, development in the town requires a "development permit". However, some uses or developments do not require a permit, as outlined in the applicable use sections of this Bylaw. If a development permit is not required, please be aware all regulation do still apply. You can find out more by contacting the Town. 3. Review the Rules for the land use zone The Land Use Bylaw considers development either as a Permitted use, permitted through Site Plan Approval, or permitted through a Development Agreement. Permitted uses are those that are allowed if they meet all the requirements of the Land Use Bylaw. Site Plan Approval is a process through which an applicant must meet additional standards established within the Land Use Bylaw. Finally, Development Agreements are written legal agreements between Council and a property owner, allowing Council to have a finer-grained level of management over the proposed development, and to implement specific measures to mitigate potential impacts. 4. Review the general regulations and regulations for specific uses In addition to the regulations for specific land use zones, there are regulations that apply to all development, such as Overlays, and regulations that apply only to specific uses. Many uses and types of structures are defined within the Land Use Bylaw. Review the definitions to ensure any proposed development coincides with the definition. Town of Mahone Bay Land Use Bylaw 1 1. Title and Purpose 1.1. Title 1.1.1. This Bylaw may be cited as the "Town of Mahone Bay Land Use Bylaw." 1.1.2. This Bylaw shall apply to all the lands within the Town. 1.2. Purpose 1.2.1. The purpose of this Bylaw is to carry out the intent of the Municipal Planning Strategy in order to facilitate sustainable, efficient, and systematic development and use of land within the Town, and for that purpose the Bylaw, among other things: 1.2.2. This Bylaw shall be applied in a manner consistent with the Town's Municipal Planning Strategy and the Municipal Government Act ("Act"), as amended from time to time. Town of Mahone Bay Land Use Bylaw 2 2. Zones 2.1. Zones 2.1.1. For the purpose of this Bylaw, the Town is divided into the following zones, the boundaries of which are show on the attached Schedule 'A'. Such zones may be referred to by the appropriate symbols: Table 2-1. Zone Names and Symbols. Zone Name Zone Symbol Commercial Core CC Commercial General CG Conservation C Industrial General IG Institutional I Open Shoreline OS Parks and Open Space PO Residential Core RC Residential General RG Residential Multi-Unit RM Residential Unserviced RU 2.2. Reference to Zone 2.2.1. The reference to a zone is deemed to include reference to the permitted uses, special requirements, and regulations of that particular zone. 2.3. Zoning Maps 2.3.1. Schedule 'A' attached hereto may be cited as the "Zoning Map". 2.3.2. The Zoning Map shall form part of this Bylaw. 2.4. Zones Not on the Maps 2.4.1. The Zoning Maps of this Bylaw may be amended, in conformance with the Municipal Planning Strategy, to utilize any zone in this Bylaw, regardless of whether or not such zone had previously appeared on the Zoning Maps. Town of Mahone Bay Land Use Bylaw 3 2.5. Interpretation of Zone Boundaries 2.5.1. Boundaries between zones shall be determined as follows: Town of Mahone Bay Land Use Bylaw 4 3. Interpretation 3.1. Certain Words 3.1.1. In this Bylaw: 3.1.2. Words not otherwise defined in this Bylaw shall have the meaning assigned to them in the Act. 3.2. Conflict 3.2.1. In the case of any conflict between the text of this Bylaw and any maps or drawings used to illustrate any aspect of this Bylaw, the text shall take priority. 3.2.2. Colour coding throughout this Bylaw and the maps within is for ease of reference only and the text of the Bylaw shall take priority. 3.2.3. In case of any conflict between a number written in numerals and a number written in letters, the number written in numerals shall take priority. 3.2.4. In case of conflict between a written zone name and a zone symbol, the written zone name shall take priority. 3.3. Definitions 3.3.1. For the purpose of this Bylaw, words shall have their meaning or meanings assigned to them in the Part of this Land Use Bylaw titled, "Definitions." Where a word is not defined in "Definitions", the word shall have the meaning or meanings assigned by accepted English dictionaries. Town of Mahone Bay Land Use Bylaw 5 3.4. Units of Measurement 3.4.1. This Land Use Bylaw uses the metric system of measurement. Numerical measurements in this Bylaw may also be presented in other units; however, this is for convenience only. If a metric measurement conflicts with its conversion in another unit, the metric measurement shall take priority. 3.4.2. Any application made under this Bylaw shall include measurements using the metric system. 3.5. Severability If any provision of this Bylaw is held to be invalid by a decision of a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Bylaw. Town of Mahone Bay Land Use Bylaw 6 4. Administration of this Bylaw 4.1. Administration of Bylaw 4.1.1. Council shall appoint one (1) or more Development Officer(s) for the Town. 4.1.2. The Development Officer shall be responsible for the administration of this Bylaw. 4.2. Right of Entry 4.2.1. Subject to Section 267 of the Municipal Government Act, the Development Officer or authorized agent of the Development Officer is authorized to enter, at all reasonable times, into or upon any property within the Municipality for the purpose of any inspections necessary to administer this By-law. 4.2.2. Consistent with Section 267 of the Municipal Government Act, the Development Officer or authorized agent of the Development Officer shall not enter any place actually being used as a dwelling without the consent of the occupier unless the entry is made in daylight hours and written notice of the time of the entry has been given to the occupier at least twenty-four hours in advance of the entry. 4.3. Enforcement and Penalty 4.3.1. In the event of any contravention of the provisions of this Bylaw, the Town may act as provided in the Municipal Government Act. 4.4. Compliance with Other Legislation 4.4.1. Nothing in this Bylaw shall exempt any person from complying with the requirements of any other bylaw in force within the Town, or from obtaining any license, permission, permit, authority, or approval required by any other bylaw of the Town or statute or regulation of the Province of Nova Scotia or the Government of Canada. 4.4.2. Where provisions in this Bylaw conflict with those of any other bylaw of the Town or regulation of the Province of Nova Scotia or the Government of Canada, the higher or more stringent provision shall prevail. 4.5. Restoration to a Safe Condition 4.5.1. Nothing in this Bylaw shall prevent the restoration of any building or structure to a safe condition, as determined by the Building Official. Town of Mahone Bay Land Use Bylaw 7 4.6. Effective Date 4.6.1. This Bylaw shall come into force and take effect upon the date a notice is published in a newspaper, circulating in the Town, informing the public that the Bylaw is in effect. 4.7. Existing Structures and Uses 4.7.1. A structure or use of land shall be deemed to be existing on the effective date of this Bylaw if: 4.7.2. For the purposes determining existence under 4.7.1(d), development permits for structures or uses subject to an appeal of a variance or site plan approval shall be considered in effect as of the date the Development Officer initially granted the variance or site plan approval provided the appeal decision upholds the Development Officer's decision to grant the necessary variance or site plan approval. 4.8. Repeal of Bylaw 4.8.1. As of the effective date of this Land Use Bylaw, the Land Use Bylaw for the Town of Mahone Bay, passed and adopted June 10, 2008, as amended, is repealed. Town of Mahone Bay Land Use Bylaw 8 4.9. Development Permit 4.9.1. Unless otherwise stated in this Bylaw, no person shall undertake a development within the Town without first obtaining a development permit from the Development Officer. 4.9.2. The Development Officer shall only issue a development permit in conformance with this Bylaw and any development agreement or site plan agreement in effect on the site, except where a variance is granted or in the case of an existing non-conforming use or structure, in which case a development permit shall be issued in conformance with the Act. 4.9.3. A development permit shall be effective for a period of 18 months and shall expire within 18 months from the date issued if the development has not commenced, and the Development Officer shall, at the applicant's request, renew a development permit for 18 months if: 4.9.4. Notwithstanding Subsection 4.9.3, a development permit may be issued for a temporary period and may be renewed for a temporary period on a one-time- only basis to a maximum of six (6) months provided the Development Officer is satisfied that the development permit is consistent with the current Land Use Bylaw and any proposed amendments to the Land Use Bylaw for which Council has advertised their intent to adopt. 4.9.5. The Development Officer may revoke a development permit issued under this Bylaw where: 4.9.6. The Development Officer shall notify the applicant in writing of any refusal of a development permit. 4.9.7. Any decision of the Development Officer to revoke a development permit shall be given by written notice served by any method in which proof of delivery is provided and the revocation shall become effective upon the delivery of such notice. Town of Mahone Bay Land Use Bylaw 9 4.10. Application Requirements 4.10.1. Every application for a development permit shall be made in writing on an approved form and shall include: Plot Plan Requirements 4.10.2. Plot plans prepared for a development permit application shall be drawn to an appropriate scale and showing information as required by the Development Officer, such as, but not limited to: Town of Mahone Bay Land Use Bylaw 10 Additional Plan Information 4.10.3. Where the Development Officer is unable to determine whether the proposed development conforms to this Bylaw, they may require that the plot plan submitted under Subsection 4.10.2 shows: Confirmation of Vertical Setbacks 4.10.4. Applications for development within the Coastal Flood Risk Area, as shown on Schedule 'D', Coastal Flood Risk Map, shall be accompanied by a letter or plan stamped by a Nova Scotia Land Surveyor confirming the development complies with the standards established in Section 5.12 of this Bylaw. Additional Plans or Studies 4.10.5. Where necessary to determine conformance with this Land Use Bylaw, the Development Officer may require the applicant to provide additional information at the necessary level of detail and, if necessary, prepared by an appropriately qualified professional. Such additional information may include, but is not limited to: Town of Mahone Bay Land Use Bylaw 11 4.11. Variances 4.11.1. Notwithstanding anything in this Bylaw, the Development Officer may grant a variance subject to the Municipal Government Act. Specifically, the Development Offer may vary: 4.11.2. In accordance with the requirements of the Municipal Government Act, the Development Officer shall not grant a variance if the: 4.11.3. The Development Officer shall not grant a variance that exceeds: 4.11.4. Where the Development Officer has granted a variance of the requirements of this Bylaw, notification of the variance shall be served upon all assessed property owners within 30 metres of the property subject to the variance. 4.11.5. Notification of a variance shall: 4.11.6. Variance requests shall be made in writing on an approved form. Town of Mahone Bay Land Use Bylaw 12 4.12. Site Plan Approval 4.12.1. Some zones in this Land Use Bylaw permit certain uses only by site plan approval. Unless specifically addressed in a different manner by the applicable criteria of Part 16, all other applicable criteria of this Land Use Bylaw shall still apply to any development proposed and undertaken through site plan approval. 4.12.2. For greater clarity, the provisions of Part 16 shall only apply to uses permitted by site plan approval. Application Requirements 4.12.3. In addition to the requirements of Section 4.10, Application Requirements, applications for site plan approval shall meet the following requirements: Site Plan Approval Review 4.12.4. The Development Officer shall review applications for new uses permitted by site plan approval, and amendments to existing site plan approvals, against all applicable criteria of this Land Use Bylaw and the applicable criteria in Part 16 of this Bylaw. Notification 4.12.5. Where the Development Officer has granted a site plan approval, notification of the approval shall be served upon all assessed property owners within 30 metres of the property subject to the site plan approval. Notification of a site plan approval shall: Appeal of Site Plan Approval 4.12.6. Appeals of the Development Officer's decision regarding a site plan approval request shall be made to Council, as provided for by the Municipal Government Act. Town of Mahone Bay Land Use Bylaw 13 5. General Provisions 5.1. Scope of General Provisions 5.1.1. The provisions of this Part shall, unless otherwise specified in this Bylaw, apply to all uses and zones and shall prevail over all zone requirements except where expressly stated otherwise. 5.2. Accessory Buildings and Structures 5.2.1. Accessory buildings and structures shall be permitted in any zone, but shall not: 5.2.2. Each accessory building and structure on a lot shall not have a gross floor area greater than 70 square metres, except in the Industrial General (IG) Zone. 5.2.3. The combined lot coverage for all accessory buildings and structures on a lot, which shall not include area dedicated to signs and/or fences, shall not exceed 10% of the total lot area. 5.2.4. Accessory buildings and structure shall comply with any other applicable requirements of this Bylaw. Town of Mahone Bay Land Use Bylaw 14 5.2.5. Notwithstanding zone requirements in all zones except the Open Shoreline (OS) Zone: 5.3. Accessory Dwellings 5.3.1. Accessory dwellings shall meet the following requirements: i. the accessory dwelling shall be subject to the height requirements for accessory buildings and all other requirements for accessory buildings; ii. the accessory dwelling shall be located in the side yard or rear yard; and iii. windows and other perforations shall not be located on any elevations closer than 1.2 metres from any adjacent lot. 5.4. Accessory Uses 5.4.1. Uses accessory to a permitted use shall be permitted in all zones and shall not require a development permit except where an accessory structure is used for human habitation. Town of Mahone Bay Land Use Bylaw 15 5.5. Adaptive Reuse of Former Institutional Buildings 5.5.1. A former institutional building may assume a use not permitted by the land use zone in which building is located through a development agreement, in accordance with Policy 4-91 of the Municipal Planning Strategy. 5.6. Architectural Control 5.6.1. All development, including alterations and additions to existing structures, within the Architectural Control Overlay, as shown on Schedule 'B', shall meet the requirements of this Section. 5.6.2. Notwithstanding Subsection 5.6.1, the construction and alteration of accessory structures with a building footprint of 20.0 square metres or less in the Architectural Control Overlay shall be exempt from the requirements of this Section, except the provisions of Subsections 5.6.10, 5.6.11, and 5.6.12 shall apply. 5.6.3. Carports shall be prohibited in front and flankage yards in the Architectural Control Overlay. Alterations and Additions in the Architectural Control Overlay 5.6.4. The requirements of this Section shall not apply to any alteration or addition to restore the appearance of an existing building or structure, within the Architectural Control Overlay, in a manner that is authentic to the period in which it was constructed provided the proposal is accompanied by appropriate and verified documentation, which may include, but is not limited to, photographs, original blueprints, sketches, or written documents, detailing the period-appropriate appearance of the building or structure. Building Height 5.6.5. Every new main building in the Architectural Control Overlay shall have a minimum height of 6.0 metres, except within the Open Shoreline (OS) Zone where there shall be no minimum building height. Building Proportions 5.6.6. Every new main building in the Architectural Control Overlay shall be rectangular in plan for its principal component. 5.6.7. Every new main building in the Architectural Control Overlay shall not in plan exceed a width-to-depth ratio or depth-to-width ratio of 3:1. Town of Mahone Bay Land Use Bylaw 16 Exterior Siding and Cladding 5.6.8. Exterior siding and cladding that forms part of the public façade for main buildings shall: 5.6.9. Exterior siding and cladding that forms part of the public façade for accessory buildings may include a combination of horizontal and vertical siding and cladding and shall consist of wood shingles; wood siding; wood clapboard; or wood- or cellulose-composite panels, such as MDF or fibre-cement board, designed to mimic the appearance of traditional wood siding. 5.6.10. The following external siding and cladding materials shall not be permitted in the Architectural Control Overlay: 5.6.11. Building mechanical and servicing equipment, including, but not limited to, air handling units, electrical equipment, and fuel tanks, shall not form part of the facade along the front lot line. 5.6.12. Within the Architectural Control Overlay accessory solar collector systems shall not be located on part of a structure that forms part of the public façade, except when integrated into roof cladding materials following the elevation and plane of the roof. Chimneys 5.6.13. Notwithstanding Subsection 5.6.8 and Subsection 5.6.9, stone masonry materials, including, but not limited to, brick or other stonework, may be used for any chimney or detailing which form part of a building. 5.6.14. Nothing in this Section shall prevent a chimney from being constructed that complies with requirements and standards set out in the Fire Code, Building Code, or any other applicable building code and safety legislation. Roof Style Town of Mahone Bay Land Use Bylaw 17 5.6.15. Roofs within the Architectural Control Overlay shall not have a ratio of rise to run shallower than 2:12 on lands within the Commercial Core Zone or Commercial General Zone or Residential Multi-unit Zone, and not shallower than 6:12 on lands within any other zone. Windows 5.6.16. Windows in the Architectural Control Overlay shall be rectangular and vertically oriented with a minimum width-to-height ratio 1:1.5 to a maximum width-to-height ratio of 1:2. 5.6.17. Notwithstanding 5.6.16, wider, horizontal window openings may be achieved by combining sash windows in a mullioned frame. 5.6.18. Notwithstanding 5.6.16, windows may deviate from being rectangular and vertically-oriented in the following situations: Architectural Control Exemptions 5.6.19. Notwithstanding Subsection 5.6.1, Council may consider by development agreement, Indigenous developments or developments that do not meet the specific architectural design standards established for the Architectural Control Overlay, in accordance with Policy 4-77 or Policy 4-78 of the Municipal Planning Strategy. 5.7. Automobile Body Shops and Automobile Repair Shops 5.7.1. Outdoor storage for automobile body shops and automobile repair shops shall: Town of Mahone Bay Land Use Bylaw 18 5.8. Automobile Service Stations 5.8.1. Automobile service stations shall meet the following requirements: 5.9. Buildings or Structure to be Moved 5.9.1. No person shall move any building within or into the area regulated by this Bylaw without first obtaining a development permit from the Development Officer. 5.10. Campgrounds 5.10.1. Campgrounds shall be prohibited. 5.11. Cemeteries 5.11.1. Cemetery uses existing on 2024.01.31 shall not be permitted to expand beyond the lot boundaries as they existed on 2024.01.31. 5.11.2. The development of new cemetery uses shall not be permitted, except in association with cemetery uses managed by the Town existing on 2024.01.31. 5.11.3. Accessory buildings and structures for a cemetery shall not exceed 6.0 metres in height and shall meet all other requirements for accessory buildings and structures. Town of Mahone Bay Land Use Bylaw 19 5.12. Coastal Elevation 5.12.1. No building shall be constructed in any zone with the finished floor level of any habitable area located below a vertical elevation of 3.5 metres, relative to the Canadian Geodetic Vertical Datum of 2013. 5.12.2. Any development within the Flood Risk Area, identified on Schedule 'D', shall: 5.12.3. Notwithstanding Subsection 5.12.1, existing buildings within the Flood Risk Area, identified on Schedule 'D', may be reconstructed, renovated, repaired, moved, or replaced provided that the work does not increase the floor area within the minimum coastal elevation or reduce the building's existing elevation and all other applicable requirements of this Bylaw are met. 5.12.4. 5.12.4 Additions to existing non-residential, institutional buildings shall be exempt from 5.12.1. 5.13. Conformity with Existing Setbacks 5.13.1. The Development Officer may approve a front setback less than the minimum front setback required in a zone if: 5.14. Commercial Livestock 5.14.1. Commercial livestock operations shall be prohibited. Town of Mahone Bay Land Use Bylaw 20 5.15. Connection to Central Services 5.15.1. New plumbed buildings shall be connected to public sewer systems where such services are available. Where service availability is disputed or unclear, the Town Engineer shall decide based on site conditions and available capacity prior to the issuance of a development permit. 5.16. Conservation Uses 5.16.1. Conservation uses shall be permitted in all zones and shall not require a development permit. 5.17. Construction Accessories 5.17.1. Nothing in this Bylaw shall prevent the use of land for the use or construction of temporary buildings or structures incidental to construction, such as, but not limited to, a mobile office, tool shed, site washrooms, or scaffold incidental to construction. 5.17.2. Temporary structures incidental to construction shall be removed no more than 60 days after the completion of construction and shall not require a development permit. 5.17.3. Temporary buildings incidental to construction shall be permitted, provided a temporary development permit has been issued by the Development Officer for each temporary building. 5.18. Converted Dwellings 5.18.1. A variance for a converted dwelling, or a dwelling that is being converted, that would extend the building closer to the front or flankage lot line, shall not be permitted. 5.18.2. The gross floor area of a converted dwelling, or a dwelling that is being converted, shall not be increased by more than 20 percent compared to the gross floor area on 2024.01.31. 5.18.3. The minimum gross floor area of each dwelling unit in a converted dwelling shall be 50.0 square metres and at least one dwelling unit in a converted dwelling shall have a gross floor area of at least 60.0 square metres. 5.19. Drive-through Uses 5.19.1. Drive-through uses shall be permitted, or not, as indicated in each zone's permitted use tables. Town of Mahone Bay Land Use Bylaw 21 5.20. Electrical Vehicle Charging 5.20.1. Nothing in this Bylaw shall prevent the installation of a non-commercial electric vehicle charging station, including within the Architectural Control Overlay, where the station is for the exclusive domestic use of a dwelling unit, and shall not require a development permit. 5.20.2. Non-commercial electric vehicle charging stations that are not for the exclusive use of a dwelling unit shall be permitted as an accessory use in all zones and shall not require a development permit. 5.20.3. Commercial electric vehicle charging stations shall be permitted, or not, as indicated in each zone's permitted use tables. 5.21. Existing Lots Lacking Minimum Area 5.21.1. Notwithstanding minimum lot area requirements established elsewhere in this Bylaw, a lot which does not satisfy these minimum requirements for lot area may be used for a purpose permitted in the zone in which the lot is located, and a structure may be constructed on the lot, provided that all other applicable provisions of this Bylaw are satisfied, and the lot satisfies one or more of the following requirements: 5.21.2. Where specific area requirements are established for a use, structure, or building in this Land Use Bylaw, Subsection 5.21.1 shall not apply. Town of Mahone Bay Land Use Bylaw 22 5.22. Fences 5.22.1. Fences shall be permitted in all zones and the maximum height of a fence shall be no greater than 2.0 metres and a development permit shall not be required. 5.22.2. Notwithstanding Subsection 5.22.1, fences in the Industrial General (IG) Zone may be permitted to a maximum height of 3.0 metres and a development permit shall not be required. 5.22.3. The use of barbed wire shall be prohibited except at the top of fences in the Industrial General (IG) Zone. 5.22.4. On a corner lot, no fence shall be erected or permitted to a height greater than 0.6 metres above grade within the corner vision triangle. 5.23. Flag Lots 5.23.1. Where a lot is considered a flag lot, and a use, listed as a Permitted Use in the zone in which the lot is located, is proposed, development approvals shall proceed through the Site Plan Approval process and shall meet the requirements of Subsection 5.23.2. 5.23.2. Where a lot is considered a flag lot, development shall be subject to the following requirements: Town of Mahone Bay Land Use Bylaw 23 5.24. Fronting on a Public Street 5.24.1. Unless otherwise permitted by this Bylaw, the Development Officer shall only issue a development permit if the lot intended for development abuts and fronts upon a public street. 5.24.2. Notwithstanding Subsection 5.24.1, a lot existing on 2024.01.31 which does not have frontage directly abutting a public street, but which has legal access to the either of a private road created before 2024.01.31 or a public street, by a right-of-way or easement of no less than 6.0 metres in width, may be used for a purpose permitted in the zone in which the lot is located, and a structure may be constructed on the lot, provided that all other applicable provisions of this Bylaw are satisfied. 5.24.3. Where a specific frontage requirement is established for a use, structure, or building in this Land Use Bylaw, Subsection 5.24.2 shall not apply. 5.24.4. Notwithstanding other regulations of this Bylaw, development fronting on private roads created after 2024.01.31 shall be prohibited. 5.25. Habitation of Vehicles 5.25.1. No automobile, truck, bus, coach, streetcar, recreational vehicle, trailer, camper, or other motor vehicle or part thereof, with or without wheels, shall be used for human habitation or for commercial occupancy, except where a permit has been issued for temporary vending under the Temporary Vending Bylaw and for which a development permit shall not be required. 5.25.2. Notwithstanding Subsection 5.25.1, recreational vehicles or campers may be used for human habitation provided that: 5.26. Heavy Industrial Uses 5.26.1. Heavy industrial uses shall be prohibited. Town of Mahone Bay Land Use Bylaw 24 5.27. Height Requirements 5.27.1. The height requirements of this Bylaw shall not apply to church spires, water tanks, flag poles, television or radio antennae, ventilators, skylights, chimneys, clock towers, guard rails, cupolas, steeples, telecommunication towers, and any construction used for the mechanical operation of the building or structures such as a mechanical penthouse or elevator enclosures. For greater clarity, any construction used for the mechanical operation of a building or structure, such as a mechanical penthouse, shall not include any area dedicated to a use other than the mechanical operation of the building or structure. 5.28. Heritage Incentives 5.28.1. A property or building that is a municipally-, provincially-, or federally-registered heritage property shall be eligible for relaxations of Bylaw requirements as outlined in Table 5-1, Heritage Incentives. Table 5-1. Heritage Incentives. Use Permitted Relaxation (a) All uses The minimum automobile parking space requirements of Part 6 shall not apply. (b) Bed and Breakfast The number of sleeping units permitted as-of-right increases by one (1) unit. (c) Boarding House The number of sleeping units permitted as-of-right increases by one (1) unit. (d) Converted Dwelling The number of dwelling units permitted as-of-right increases by one (1) unit. 5.28.2. A municipally-registered heritage property or building may assume a use not permitted by the land use zone in which the property or building is located, but permitted within the designation in which the property or building is located, through a development agreement, in accordance with Policy 4-84 of the Municipal Planning Strategy. Town of Mahone Bay Land Use Bylaw 25 5.29. Home Offices and Studios 5.29.1. Nothing in this Bylaw shall prevent the use of a portion of any dwelling unit or building accessory to a dwelling unit as a personal office or studio for residents of the dwelling unit provided the personal office or studio is not intended to be visited by members of the public. 5.29.2. No development permit shall be required for a personal office or studio that has no visiting members of the public. 5.30. Instruction of One or Two Students at a Time 5.30.1. Nothing in this Bylaw shall prevent the use of a portion of any dwelling unit or building accessory to a dwelling unit for the instruction of two (2) students at a time. 5.30.2. No development permit shall be required for the instruction of two (2) students at a time. 5.31. Home-based Businesses Home-based Business in Accessory Buildings 5.31.1. Accessory buildings may be used to contain a home-based business provided the floor area of the business does not exceed the maximum area outlined in Subsection 5.31.4. Home-based Businesses 5.31.2. Home-based businesses shall not emit gas, fumes, dust, or objectionable odour, or create noise, vibrations, or light that would be considered uncustomary in a residential neighbourhood. 5.31.3. No portion of a home-based business shall be located outside of a main dwelling or accessory building. Town of Mahone Bay Land Use Bylaw 26 5.31.4. Home-based businesses shall meet the following requirements: Table 5-2. Home-based businesses Regulation Requirement (a) Permitted uses in all zones Art Gallery / Studio Business or Professional Office Commercial School - six (6) or fewer students Craft Product Workshop Day Care Centre Medical Clinic Personal Service Shops Animal Care - Pet Grooming Service and Repair Shop - excluding vehicle or small engine repair (b) Maximum Floor Area of Home- based Business 25 percent of the gross floor area of the dwelling unit or 50 square metres, whichever is less. For greater clarity, home-based businesses shall be conducted entirely indoors. (c) Outdoor Storage and Display Outdoor storage and display shall not be permitted. (d) Retail Sales Retail sales shall be limited to the sale of products made, assembled, refined, or repaired on the premises; and the sale of goods or materials associated with the business. Home-based Businesses Signage 5.31.5. Notwithstanding Part 7 of this Bylaw, Signage, home-based business shall be permitted a maximum of one (1) non-illuminated ground sign or one (1) non- illuminated wall sign, with a sign area no greater than 1.0 square metre. 5.32. Illumination 5.32.1. Exterior lighting on any lot shall be directed away from, and shall not cause glare on, adjoining properties or adjacent streets. Town of Mahone Bay Land Use Bylaw 27 5.33. Landscaping and Stormwater Management General Landscaping Requirements 5.33.1. The requirements of this Section shall apply to all development, except a change of use in a legally existing structure shall be exempt. 5.33.2. Any disturbed area of a site, which does not form part of a development, shall be restored at minimum with grass, ground covers, or nature meadow mixtures. 5.33.3. Any developed land not used for structures or devoted to a main use on the lot, parking and circulation areas, patios, outdoor storage and/or display, or urban agriculture, shall be landscaped with sod, trees, grasses, shrubs, flowers, creeping plants, street level rain gardens, and/or decorative pavers. 5.33.4. All landscaping required in this Land Use Bylaw shall be maintained in a healthy condition and shall be replaced if any required landscaping perishes. Stormwater Management 5.33.5. Flat roofs and flat-roofed additions may be used as a rooftop garden. 5.33.6. Where in this Bylaw stable surfaces are required for means of transportation or parking or loading spaces, pervious pavement or pavers may be used. 5.34. Multiple Main Buildings 5.34.1. Unless otherwise prohibited in this Bylaw, any number of main buildings may be located on the same lot, subject to applicable zone requirements. 5.35. Multiple Uses 5.35.1. In any zone, where any land or building is used for more than one (1) purpose, all the provisions of this Bylaw relating to each use shall be satisfied. Where there is a conflict, such as in the case of lot area or lot frontage, the higher more stringent standard shall prevail. 5.36. Non-conforming Uses 5.36.1. Non-conforming uses shall be subject to the provisions for non-conforming uses of the Municipal Government Act, except a non-conforming use shall not be recommenced if discontinued for a continuous period of 12 months. Town of Mahone Bay Land Use Bylaw 28 5.37. Non-conforming Structures 5.37.1. Notwithstanding lot area, lot frontage, and minimum setback requirements of this Bylaw, the use of a non-conforming structure may be changed to any other use permitted in that zone, provided all other requirements of this Bylaw are met. 5.37.2. Non-conforming structures may be replaced, reconstructed, enlarged, renovated, and/or repaired, provided: 5.38. Parking and Loading 5.38.1. Parking and loading areas shall be provided in accordance with the applicable requirements of Part 6, Parking, of this Bylaw. 5.39. Parks and Playgrounds 5.39.1. Parks and playground uses shall be permitted in all zones and shall not require a development permit. Town of Mahone Bay Land Use Bylaw 29 5.40. Permitted Encroachments in Minimum Setbacks 5.40.1. Every part of any minimum setback required by this Bylaw shall be open and unobstructed by any structure, except those structures permitted in a minimum setback in this Bylaw, from the ground to sky. 5.40.2. Notwithstanding zone requirements and Subsection 5.40.1, the following structures may project into or be located in a required minimum setback in accordance with the distances set out in Table 5-3, below: Table 5-3. Permitted Setback Encroachment Structure Required Setback in which Projection is Permitted Permitted Encroachment Distance (a) Barrier-free access (accessibility) structures Any To lot line (b) Fire escapes Rear and side 1.5 m (c) Sills, belt courses, cornices, eaves, gutters, chimneys, pilasters, or similar architectural features Any 0.6 m 5.41. Personal Storage Buildings 5.41.1. Where there is no other main building on a lot, a personal storage building less than 6.0 metres in height without plumbing and with a building footprint no greater than 20.0 square metres, but not including a shipping container, shall be permitted in any zone except the Open Shoreline (OS) Zone, provided the building is a minimum of 5.0 metres from the front lot line and that all other provisions of Section 5.2 of this Bylaw are satisfied as if the personal storage building were regarded as an accessory building or structure. Town of Mahone Bay Land Use Bylaw 30 5.42. Public Utilities 5.42.1. Unless otherwise stated, any public utility that is essential for the actual provision of a service, but not including wind turbine generators, solar collector systems, and telecommunication towers, shall be permitted in any zone and shall be exempt from lot requirements, from setbacks, and the requirements of 5.24 related to road frontage. These utilities include, but are not limited to, telephone switching centres, electrical substations, sewage treatment facilities, and water supply facilities. 5.42.2. For greater clarity, uses not directly related to the provision of service shall not be included in the exemptions of this Section, and shall only be permitted in accordance with zone requirements. Such uses include, but are not limited to, administrative offices and maintenance depots. 5.43. Salvage Yards 5.43.1. Salvage yards shall not be permitted in any zone. 5.44. Shipping Containers 5.44.1. Shipping containers shall not be used for human habitation. 5.44.2. Notwithstanding Subsection 5.44.1, modified shipping containers may be integrated as building material into dwellings, except within the Architectural Control Overlay, indicated on Schedule 'B'. 5.44.3. Shipping containers shall not be used as accessory buildings or structures, with the following exceptions: Town of Mahone Bay Land Use Bylaw 31 5.45. Short-term Rentals 5.45.1. Short-term rentals in the Commercial Core Zone and Commercial General Zone shall: 5.45.2. Short-term rentals in all other zones, where permitted, shall be subject to the following requirements: 5.46. Side Yard Requirements - Exceptions 5.46.1. Notwithstanding anything else in the Bylaw, where buildings on adjacent lots share a common fire wall, the applicable side setback requirements shall be waived. 5.47. Signs and Advertising 5.47.1. All signs shall be subject to the applicable requirements of Part 7, Signs, of this Bylaw. 5.48. Special Uses Permitted 5.48.1. Nothing in this Bylaw shall prevent the use of land or the construction of temporary buildings, structures or signs for special occasions and holidays not to exceed two (2) weeks in duration and no development permit shall be required for such temporary uses, provided that such uses or structures remain in place for no more than seven (7) days following the termination of the special occasion or holiday. Town of Mahone Bay Land Use Bylaw 32 5.49. Solar Collector Systems - Accessory 5.49.1. Accessory solar collector systems shall be permitted in all zones and shall require an interconnection agreement prior to the issuance of a development permit. 5.49.2. Accessory solar collector systems may be mounted as free-standing structures or on buildings. 5.49.3. Accessory solar collector systems mounted on buildings may exceed the maximum building height in the zone by up to 2.0 metres. 5.49.4. Accessory solar collector systems mounted as free-standing structures shall: 5.50. Tree Identification and Replacement 5.50.1. In any residential or unserviced zone, where a development with a lot coverage of greater than 20% is proposed, the applicant shall submit a tree identification and replacement plan, completed by a qualified professional, at the applicant's expense. Prior to the issuance of a development permit, the Town shall be satisfied the plan: Town of Mahone Bay Land Use Bylaw 33 5.51. Urban Agriculture Uses Urban Agricultural Use Requirements 5.51.1. The sale of urban agricultural products grown or produced on-site, shall be permitted as an accessory use to an urban agricultural use. 5.51.2. Accessory structure associated with an urban agricultural use, such as, but not limited to, greenhouses, sales stands, and chicken coops, shall not exceed a height of 6.0 metres and shall be subject to all other accessory structure requirements of Section 5.2 and all other relevant zone restrictions for urban agricultural uses. Keeping of Bees 5.51.3. The keeping of bees as an urban agriculture use shall be permitted provided all beehives are located at least 3.0 metres from any lot line and shall be located in the rear yard or a side yard that is not a flankage yard. Keeping of Chickens and/or Meat Rabbits as an Accessory Use 5.51.4. The keeping of chickens and/or meat rabbits shall be permitted as an urban agriculture use shall be subject to the following requirements: Town of Mahone Bay Land Use Bylaw 34 5.52. Visibility of Intersections 5.52.1. Notwithstanding anything else in this Bylaw, on a corner lot, no building, structure, fence, sign, hedge, shrub, bush, or tree, or any other structure or vegetation shall be erected or permitted to grow to a height greater than 0.6 metres above grade within the corner vision triangle. 5.53. Watercourse Buffer 5.53.1. All development, with the exception of those developments listed in Subsection 5.53.3, shall be prohibited within 10.0 horizontal metres of the ordinary high water mark of watercourses identified on Schedule 'C' of this Bylaw. 5.53.2. In relation to a development, no person shall alter land levels and no natural vegetation shall be removed within 10.0 horizontal metres of the ordinary high water mark of watercourses identified on Schedule 'C', except: 5.53.3. Development permitted within the watercourse buffer (subject to zone requirements and other requirements of this Bylaw) are: Town of Mahone Bay Land Use Bylaw 35 5.53.4. Where the size and configuration of a lot created prior to 2024.01.31 is such that no main building could be located on the lot the Development Officer may reduce the zone standards for minimum setbacks to the extent necessary to accommodate a main building not exceeding a footprint of 100 square metres, provided: 5.53.5. Existing buildings located within the watercourse buffer may be reconstructed, renovated, repaired, moved, or replaced provided the work does not increase the building's footprint within the buffer or reduce the depth of the shoreline buffer and all other applicable requirements of this Bylaw are met. 5.54. Watercourse Buffer Reduction 5.54.1. Notwithstanding Subsection 5.53.1 and Subsection 5.53.2, the Development Officer may issue a Development Permit for a development within the watercourse buffer provided a detailed study, including a plot plan, prepared by a qualified person clearly demonstrates: 5.55. Wind Turbines 5.55.1. Wind turbines with a production capacity greater than 0.01 megawatts (10 kilowatts) are prohibited. 5.55.2. Wind turbines with a production capacity of 0.01 megawatts (10 kilowatts) or less shall be permitted in the Residential Unserviced (RU) Zone subject to the following requirements: Town of Mahone Bay Land Use Bylaw 36 5.56. Wharves, Piers, and Other Coastal Access Uses 5.56.1. Wharves, piers, slipways, launching ramps and similar coastal access uses shall be permitted, without a development permit, in all zones. 5.57. Wood-burning Furnaces and Waterstoves - Outdoor 5.57.1. Outdoor waterstoves and outdoor wood-burning furnaces shall be prohibited in all zones. Town of Mahone Bay Land Use Bylaw 37 6. Parking 6.1. Exemption from Parking Requirements 6.1.1. The requirements of this Part shall not apply to any land use that was legally in existence on the effective date of this Land Use Bylaw. 6.1.2. Where a change in use would require parking that could not be accommodated on the lot without the demolition, in whole or in part, of a main building legally existing on 2024.01.31 the Development Officer may consider a reduction in the number of parking spaces via the variance process as provided by Section 4.11. 6.2. Minimum Number of Parking Spaces Requirements 6.2.1. No development permit shall be issued for any development unless off-street parking, located within the same zone and within 100.0 metres of the location it is intended to serve, is provided. The parking shall be provided and maintained in conformity with Table 6-1. 6.2.2. Where a development proposes to provide any required number of automobile parking spaces off-site, the parking spaces shall be subject to the following requirements: i. the parking requirement is met through an alternate proposal, or the required number of parking spaces has been reduced; or Town of Mahone Bay Land Use Bylaw 38 ii. the use that requires off-site parking permanently ceases to operate and is confirmed in writing to the Development Officer. 6.2.3. Where the number of required parking spaces that is required is not defined in Table 6-1, the Development Officer shall determine the minimum number of automobile parking spaces based on the needs of the proposed development. Table 6-1. Minimum Automobile Parking Requirements Use Parking Spaces Required (a) Art Gallery / Studio One (1) space (b) Automobile Body or Repair Shop Two (2) spaces per service bay (c) Banks and Financial Institutions One (1) space per 25 m2 GFA (d) Bed and Breakfast One (1) space per every sleeping unit (e) Boarding House One (1) space plus one (1) additional space per every three (3) sleeping units (f) Business or Professional Office One (1) space per 50 m2 GFA (g) Commercial Recreation One (1) space per 50 m2 GFA (h) Convenience Store Three (3) spaces (i) Dwellings - Converted, Two-unit, Single-unit, Triplex Two (2) spaces per dwelling unit if located within an area identified on Appendix 'A'; or One (1) space per dwelling unit otherwise. (j) Dwellings - Multi-unit 1.25 spaces per dwelling unit. (k) Fixed-roof Overnight Accommodations One (1) space per suite or rental unit. (l) Funeral Home One (1) space per 20 m2 GFA dedicated to public use (m) Home-based Business One (1) space (n) Licensed Liquor Establishment One (1) space per 25 m2 GFA (o) Personal Service Shop One (1) space per 50 m2 GFA (q) Post Office Four (4) spaces (r) Private Club One (1) space per 30 m2 GFA (s) Restaurant - Drive-through, Eat-in One (1) space per 20 m2 GFA (t) Restaurant - Take-out Three (3) spaces (u) Retail Store One (1) space per 30 m2 GFA (v) School - Commercial One (1) space per 50 m2 GFA Town of Mahone Bay Land Use Bylaw 39 6.2.4. Where a lot contains more than one (1) use, the number of required parking spaces shall be the sum of the number of parking spaces required for each use. 6.2.5. Where the number of automobile parking spaces required includes a fraction or fractions of whole spaces, the number of spaces for all uses shall be totaled before rounding, and then the total shall be rounded to the nearest whole number but shall not be zero (0). Half spaces shall be rounded down except where rounding would cause the number of required spaces to be zero (0). 6.2.6. Required automobile parking spaces shall be: 6.3. Parking and Loading Exemption in the Commercial Core 6.3.1. For all non-residential uses, the minimum parking requirements of Section 6.2 and the loading space requirements of Section 6.6 shall not apply to lands within the Commercial Core (CC) Zone. 6.4. Parking Location 6.4.1. Automobile parking spaces shall not be located in the front or flankage yard in the Commercial Core (CC) Zone. 6.4.2. No more than three (3) parking spaces shall be located in the front yard of any dwelling. (w) Service and Repair Shop Three (3) spaces (x) Veterinary Clinic Three (3) spaces Town of Mahone Bay Land Use Bylaw 40 6.5. Automobile Parking Area Standards 6.5.1. Where parking facilities for more than four (4) automobiles are required or provided, the facilities shall meet the following requirements: Town of Mahone Bay Land Use Bylaw 41 6.6. Loading Spaces 6.6.1. In every zone except the Commercial Core (CC) Zone, no person shall erect or use any building or structure for manufacturing, non-residential storage, warehouse, department store, wholesale store, market, freight or passenger terminal, hotel, hospital, mortuary, or other use involving the frequent shipping, loading, or unloading of persons, animals or goods, unless there is maintained on the same premises one (1) off-street space of standing loading and unloading for every 2,700.0 square metres or fraction thereof of gross floor area used for any such purpose. 6.6.2. Each loading space shall be at least 4.0 metres wide by 12.0 metres long, with a minimum of 4.3 metres height clearance. 6.6.3. Notwithstanding Subsection 6.6.1, the provision of a loading space for any building or use with less than 300 square metres of gross floor area shall be optional. 6.6.4. Loading spaces shall not be located within any required minimum front setback or be located within any yard that abuts the Residential Core (RC) Zone, the Residential General (RG) Zone, the Residential Multi-unit (RM) Zone, or the Conservation (C) Zone unless, in the opinion of the Development Officer, the minimum front setback or the rear yard that abuts the aforementioned zones is the only possible option due to the structure's placement on the lot or because of abutting zone restrictions. 6.6.5. Loading space areas, including driveways leading thereto, shall be constructed and maintained with a stable surface treated so as to prevent the raising of dust or loose particles. 6.6.6. Access and egress for the required loading space areas shall be provided by means of unobstructed driveways of a minimum wide of 3.0 metres for one- way traffic or a minimum of 6.0 metres for two-way traffic. Town of Mahone Bay Land Use Bylaw 42 6.7. Commercial Vehicles in Residential Zones 6.7.1. Commercial vehicles parked overnight in the Residential Core (RC) Zone, the Residential General (RG) Zone, or the Residential Multi-unit (RM) Zone shall be subject to the following conditions and no development permit shall be required: 6.8. Minimum Number of Bicycle Parking Spaces 6.8.1. Within the Commercial Core (CC) Zone, the Commercial General (CG) Zone, and the Institutional (I) Zone, for every building or structure to be erected or enlarged, or for any change of use, bicycle parking spaces shall be provided in accordance with Table 6-2, Minimum Bicycle Parking Requirements. Table 6-2. Minimum Bicycle Parking Requirements Use Bicycle Parking Spaces Required (a) Business or Professional Office Two (2) spaces (b) Commercial Recreation Two (2) spaces (c) Convenience Store Two (2) spaces (d) Dwellings - Grouped, Multi-unit One (1) space per every two (2) units (e) Fixed-roof Overnight Accommodations One (1) space per every 10 suites or rental unit. (f) Personal Service Shop Two (2) spaces (g) Post Office Two (2) spaces (h) Private Club Two (2) spaces (i) Restaurant - Drive-through, Eat-in Two (2) spaces (j) Restaurant - Take-out Two (2) spaces (k) Retail Store Two (2) spaces (l) School - Commercial Two (2) spaces Town of Mahone Bay Land Use Bylaw 43 6.9. Bicycle Parking Instead of Automobile Parking Spaces 6.9.1. The minimum number of automobile parking spaces required for a use, as outlined in Section 6.2, shall be reduced by one (1) for every four (4) bicycle parking spaces provided in excess of the requirements of Section 6.8 and that meets the standards of Section 6.10. This substitution shall not apply to single-unit dwellings, two-unit dwellings, triplex dwellings, or short-term rentals. 6.9.2. The maximum reduction of automobile parking spaces provided by Subsection 6.9.1 shall be limited to three (3) automobile parking spaces or 10 percent of the required automobile parking spaces, whichever is greater. 6.10. Bicycle Parking Space Standards 6.10.1. Each bicycle parking space provided shall: i. is located on one side of the parking space and oriented parallel to the length of the parking space; ii. is permanently mounted into or onto the surface with the midline of the rack at the midline of the length of the parking space; iii. is made of metal. 6.10.2. For greater clarity, one (1) bicycle rack may be used to fulfill the rack requirements for two (2) adjacent bicycle parking spaces by placing it on the shared border of the two (2) spaces. Town of Mahone Bay Land Use Bylaw 44 7. Signs 7.1. Signage Provisions for All Zones 7.1.1. All signs and all parts thereof, including copy, framework, supports, background, and anchors shall be kept in a good state of repair and working order. 7.1.2. Any sign that no longer advertises a bona fide business conducted or a product sold are deemed to be obsolete and shall be removed once the use has been discontinued for a period exceeding 60 days. In the case of seasonal businesses, the use shall be considered discontinued on December 31st of a calendar year if the use was not operated in that calendar year. 7.1.3. Where this Part is inconsistent with the regulations made or administered by the Province of Nova Scotia respecting advertising signs on or near public highways, the more restrictive regulations shall apply. 7.1.4. No person shall erect or relocate any signs, except those permitted under Section 7.3, Signs Permitted in All Zones, without first obtaining a development permit from the Development Officer, and no development permit shall be issued to erect a sign unless all the provisions of this Bylaw are satisfied. 7.1.5. A development permit shall not be required for: Town of Mahone Bay Land Use Bylaw 45 7.2. Signs Prohibited in All Zones 7.2.1. Notwithstanding any other provision of this Bylaw, the following signs shall not be permitted in any zone: Town of Mahone Bay Land Use Bylaw 46 7.3. Signs Permitted in All Zones 7.3.1. Notwithstanding any other provisions of this Bylaw, the following signs are permitted in all zones without the requirement for a development permit: Town of Mahone Bay Land Use Bylaw 47 7.4. Illumination 7.4.1. Signs, except within residential zones, may be internally illuminated or illuminated through the use of shielded downlighting, but such illumination shall not flash. 7.4.2. Any sign, or part thereof, which is illuminated, shall not project illumination onto adjacent properties. 7.5. Non-commercial Signs 7.5.1. Signs which are not associated with a special occasion and are not otherwise permitted by the Bylaw may be permitted in any zone, but: 7.6. Ground Signs 7.6.1. Ground signs: 7.7. Electronic Message Board and Changeable Copy Signs 7.7.1. Any permitted sign, or portion thereof, may be a changeable copy sign panel, subject to all applicable criteria for the type of permitted sign. 7.7.2. In the Commercial General (CG) Zone, a maximum of 25 percent of the permitted area for ground signs may be dedicated as an electronic message board sign, subject to all applicable criteria for ground signs and electrical message board signs. 7.7.3. Electronic message board shall: Town of Mahone Bay Land Use Bylaw 48 7.8. Projecting Wall Signs 7.8.1. A projecting wall sign shall not: 7.8.2. Where any projecting wall sign projects over any street or street right-or-way, a permit issued by the Town's Traffic Authority shall be required. Town of Mahone Bay Land Use Bylaw 49 7.9. Wall Signs 7.9.1. Wall signs: 7.10. Window Signs 7.10.1. Window signs: 7.11. Sandwich Board Signs 7.11.1. In all zones except the Residential Core (RC) Zone, the Residential General (RG) Zone, or the Residential Multi-unit (RM) Zone, where sandwich board signs shall be prohibited, sandwich board signs shall be permitted without a development permit, provided: 7.12. Off-Premise Signs 7.12.1. Except as provided for by Section 7.11, no sign shall be erected or used for commercial advertising except where the sign is located on the same lot as the establishment which it advertises. 7.13. Signs in Residential Zones 7.13.1. Other than those signs identified in Section 7.3, Signs Permitted in all Zones, no sign shall be located within any residential zone, unless: 7.14. Abutting Zone Requirements for Signs 7.14.1. Where a commercial zone or an industrial zone abuts a residential zone, the Conservation (C) Zone, the Institutional (I) Zone, or the Parks and Open Space (PO) Zone, signs located in abutting yards shall be subject to the following requirements: Town of Mahone Bay Land Use Bylaw 50 Town of Mahone Bay Land Use Bylaw 51 8. Residential Zones 8.1. Special Requirements for Residential Zones 8.1.1. In addition to all other applicable requirements of this Bylaw, uses in the Residential Core (RC) Zone, the Residential General (RG) Zone, and the Residential Multi-unit (RM) Zone shall be subject to the requirements of this Section. Bed and Breakfasts 8.1.2. Bed and breakfast establishments shall meet the following requirements: One Main Building on a Lot 8.1.3. Notwithstanding Section 5.34, only one main building shall be permitted on a lot, with the following exceptions, where the use is permitted in a zone: Mobile and Mini Homes 8.1.4. Mobile homes and mini homes, where permitted, shall: Grouped Dwellings 8.1.5. Council shall require a shared servicing plan, prepared by a qualified professional, to ensure any shared services do not become the maintenance responsibility of the Town. Town of Mahone Bay Land Use Bylaw 52 8.2. Permitted Uses in the Residential Zones 8.2.1. The following tables shall outline the permitted uses in the Residential Core (RC) Zone, the Residential General (RG) Zone, and the Residential Multi-unit (RM) Zone, subject to the following scheme: Town of Mahone Bay Land Use Bylaw 53 Residential Uses in the Residential Zones RC RG RM Accessory Dwelling P P P Bed and Breakfast » 6 or fewer sleeping units » More than 6 sleeping units P - P DA P DA Boarding House » 4 or fewer sleeping units » More than 4 sleeping units P - P DA P DA Converted Dwelling » 5 or fewer dwelling units » More than 5 dwelling units DA - P DA P DA Grouped Dwelling » 2 dwelling units » 3 to 4 dwelling units » 5 to 8 dwelling units » 9 to 12 dwelling units P S - - P S S - - P P S Home-based Business P P P Mini Home P P - Mobile Home P P - Multi-unit Dwelling » 4 dwelling units » 5 to 8 dwelling units » More than 8 dwelling units P - - P P - P P S Nursing Home - - DA Residential Care Facility - - S Two-unit Dwelling P P - Short-term Rental P P P Single-unit Dwelling P P - Small Options Home P P - Triplex Dwelling P P P P = permitted | S = site plan | DA = development agreement Other Uses in the Residential Zones RC RG RM Town of Mahone Bay Land Use Bylaw 54 Emergency Services - - P Government Buildings and Uses P P P Parks and Playgrounds P P P Places of Workshop P P P Recreational Uses P P P School - Academic P P P Conservation Uses P P P Urban Agricultural Uses P P P P = permitted | S = site plan | DA = development agreement Town of Mahone Bay Land Use Bylaw 55 8.3. Residential Core Zone Development Standards 8.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Residential Core (RC) Zone unless the following requirements are met: Requirement Grouped Dwelling All Other Permitted Uses (a) Minimum Front/Flanking Setback 4.5 m 4.5 m (b) Minimum Rear Setback 4.5 m 4.5 m (c) Minimum Side Setback 2.0 m 2.0 m (d) Maximum Structure Height 13.5 m 13.5 m (e) Maximum Lot Coverage 40% 40% 8.3.2. The following minimum standards shall apply to lots in the Residential Core (RC) Zone: Requirement Grouped Dwelling All Other Permitted Uses (a) Minimum Lot Area i. Serviced lot ii. Unserviced lot 250.0 m2/DU Minimum required by NSE for septic approval 450.0 m2 Minimum required by NSE for septic approval (b) Minimum Lot Frontage 12.0 m 12.0 m NSE = Nova Scotia Department of Environment and Climate Change DU = Dwelling Unit Town of Mahone Bay Land Use Bylaw 56 8.4. Residential General Zone Development Standards 8.4.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Residential General (RG) Zone unless the following requirements are met: Requirement Triplex, Multi-unit, Grouped Dwelling All Other Permitted Uses (a) Minimum Front/Flanking Setback 4.5 m 4.5 m (b) Minimum Rear Setback 4.5 m 4.5 m (c) Minimum Side Setback 3.0 m 3.0 m (d) Maximum Structure Height 13.5 m 13.5 m (e) Maximum Lot Coverage 40% 40% 8.4.2. The following minimum standards shall apply to lots in the Residential General (RG) Zone: Requirement Triplex, Multi-unit, Grouped Dwelling All Other Permitted Uses (a) Minimum Lot Area i. Serviced lot ii. Unserviced lot 500.0 m2 total for first 3 DUs +165.0 m2/DU thereafter Minimum required by NSE for septic approval 500.0 m2 Minimum required by NSE for septic approval (b) Minimum Lot Frontage 12.0 m 12.0 m NSE = Nova Scotia Department of Environment and Climate Change DU = Dwelling Unit Town of Mahone Bay Land Use Bylaw 57 8.5. Residential Multi-unit Zone Development Standards 8.5.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Residential Multi-unit (RM) Zone unless the following requirements are met: Requirement Triplex, Multi-unit, Grouped Dwelling; Residential Care Facilities All Other Permitted Uses (a) Minimum Front/Flanking Setback 5.0 m 5.0 m (b) Minimum Rear Setback 5.0 m 5.0 m (c) Minimum Side Setback 5.0 m 3.0 m (d) Maximum Structure Height 13.5 m 13.5 m (e) Maximum Lot Coverage 50% 50% 8.5.2. The following minimum standards shall apply to lots in Residential Multi-unit (RM) Zone: Requirement Triplex, Multi-unit, Grouped Dwelling; Residential Care Facilities All Other Permitted Uses (a) Minimum Lot Area i. Serviced lot ii. Unserviced lot 400.0 m2 total for first 3 DUs + 125.0 m2/DU thereafter Minimum required by NSE for septic approval 400.0 m2 Minimum required by NSE for septic approval (b) Minimum Lot Frontage 15.0 m 12.0 m NSE = Nova Scotia Department of Environment and Climate Change DU = Dwelling Unit Town of Mahone Bay Land Use Bylaw 58 9. Commercial Zones 9.1. Special Requirements for Commercial Zones 9.1.1. In addition to all other applicable requirements of this Bylaw, uses in the Commercial Core (CC) Zone and the Commercial General (CG) Zone shall be subject to the requirements of this Section. Abutting Requirements 9.1.2. Where a commercial zone abuts a residential zone, the Conservation (C) Zone, the Institutional (I) Zone, the Open Shoreline (OS) Zone, or the Parks and Open Space (PO) Zone, the following restrictions shall apply to an abutting yard for commercial zones: Outdoor Storage and Display 9.1.3. Outdoor storage and display shall be prohibited in the front and flankage yards. 9.1.4. The combined total area of any outdoor storage and outdoor display shall not exceed 50 percent of the ground floor area of the main building or structure on the lot. Town of Mahone Bay Land Use Bylaw 59 Awnings and Canopies 9.1.5. Notwithstanding other regulations of this Bylaw, an awning or canopy may be permitted within the Commercial Core (CC) Zone and the Commercial General (CG) Zone by development permit provided a permit has been issued by the Town for the awning or canopy, but the awning or canopy shall not: Ground Floor Commercial Uses Required 9.1.6. In the Commercial Core (CC) Zone and Commercial General (CG) Zone, the following portions of any main building shall be retained for non-residential uses permitted in the zone: 9.1.7. Within the Commercial Core (CC) Zone, sleeping units for fixed-roof overnight accommodation uses shall not be permitted within the area reserved for non- residential uses, as identified in Subsection 9.1.6. 9.1.8. Where multiple main buildings are located on a lot, the requirements of Subsection 9.1.6 shall only apply to the main building(s) located closest to the front lot line and the main building(s) located closest to the flankage lot line (where applicable). Existing Residential Uses 9.1.9. Legally existing residential uses existing on 2024.01.31 in the commercial zones shall be considered fully conforming uses and shall be permitted to expand. Density of Multi-unit and Grouped Dwellings 9.1.10. In the Commercial Core (CC) Zone and Commercial General (CG) Zone, multi- unit dwellings and grouped dwellings located in the rear yard of commercial buildings shall be permitted to a density of one dwelling unit per 125.0 square metres of total lot area. Town of Mahone Bay Land Use Bylaw 60 9.2. Permitted Uses in the Commercial Zones 9.2.1. The following tables shall outline the permitted uses in the Commercial Core (CC) Zone and the Commercial General (CG) Zone, subject to the following scheme: Town of Mahone Bay Land Use Bylaw 61 Residential Uses in the Commercial Zones CC CG Bed and Breakfast » 6 or fewer sleeping units » More than 6 sleeping units P DA P - Boarding House » 4 or fewer sleeping units » More than 4 sleeping units - - P DA Grouped Dwellings - in rear yard of a commercial building S S Home-based Business P P Multi-unit Dwelling » In rear yard of a commercial building » With no commercial use on the lot » Within a commercial building S DA S S DA S Nursing Home DA DA Short-term Rental P P Single-unit Dwelling - Existing P P Single-unit Dwelling - within a commercial building P P Two-unit Dwelling - within a commercial building P P Triplex Dwelling - within a commercial building P P P = permitted | S = site plan | DA = development agreement Town of Mahone Bay Land Use Bylaw 62 Commercial and Industrial Uses in the Commercial Zones CC CG Animal Care P P Animal Shelter - DA Art Gallery / Studio P P Automobile Body Shop - DA Automobile Repair Shop - P Automobile Sales - P Automobile Service Station - P Banks and Financial Institutions » With drive-through » Without drive-through - P S P Boat and Marine Sales DA - Business or Professional Office P P Commercial Recreation » Indoor » Outdoor - - P P Convenience Store P P Craft Shop P P Day Care Centre P P Electric Vehicle Charging - Commercial - P Farm Market P P Fixed-roof Overnight Accommodation P P Funeral Home » Without crematorium » With crematorium - - P DA Garden Centre - S Licensed Liquor Establishments » GFA less than 111 m2 » GFA 111 m2 or greater S DA S DA Marina DA - Marine Recreation Provider S S P = permitted | S = site plan | DA = development agreement CC CG Town of Mahone Bay Land Use Bylaw 63 Personal Service Shop P P Post Office P P Radio and Television Stations - P Restaurant » Drive-through » Eat-in » Take-out - P P S P P Retail Lumber and Home Improvement Yard - S Retail Development » Less than 300 m2 GFA » 300 m2 or greater GFA P - P DA Service and Repair Shop P P Taxi and Bus Station - P Veterinary Clinic P P P = permitted | S = site plan | DA = development agreement Town of Mahone Bay Land Use Bylaw 64 Other Uses in the Commercial Zones CC CG Community Centre - P Cultural Facilities P P Emergency Services P P Extended Care Facility DA P Government Buildings and Uses P P Hospital - P Interpretive Centre P P Medical Clinic P P Commercial Parking Lot - S Parks and Playgrounds P P Places of Worship P P Recreation Centre - P Recreational Uses P P School » Academic » Commercial » Post-secondary - S - - P P Conservation Uses P P Urban Agricultural Uses P P P = permitted | S = site plan | DA = development agreement Town of Mahone Bay Land Use Bylaw 65 9.3. Commercial Core Zone Development Standards 9.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Commercial Core (CC) Zone unless the following requirements are met: Requirement All Permitted Uses (a) Minimum Front Setback 1.5 m (b) Minimum Flanking Setback 0.0 m (c) Maximum Front/Flanking Setback 3.0 m (d) Minimum Rear Setback 3.0 m (e) Minimum Side Setback 1.5 m (f) Maximum Structure Height 13.5 m 9.3.2. The following minimum standards shall apply to lots in Commercial Core (CC) Zone: Requirement All Permitted Uses (a) Minimum Lot Area i. Serviced lot 375.0 m2 (b) Minimum Lot Frontage 6.0 m Town of Mahone Bay Land Use Bylaw 66 9.4. Commercial General Zone Development Standards 9.4.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Commercial General (CG) Zone unless the following requirements are met: Requirement All Permitted Uses (a) Minimum Front/Flanking Setback 3.0 m (b) Minimum Rear Setback 3.0 m (c) Minimum Side Setback 1.5 m (d) Maximum Structure Height 13.5 m 9.4.2. The following minimum standards shall apply to lots in Commercial General (CG) Zone: Requirement All Permitted Uses (a) Minimum Lot Area i. Serviced lot ii. Unserviced lot 500.0 m2 Minimum required by NSE for septic approval (b) Minimum Lot Frontage 12.0 m NSE = Nova Scotia Department of Environment and Climate Change Town of Mahone Bay Land Use Bylaw 67 10. Industrial Zones 10.1. Special Requirements for Industrial Zones 10.1.1. In addition to all other applicable requirements of this Bylaw, uses in the Industrial General (IG) Zone shall be subject to the requirements of this Section. Abutting Requirements 10.1.2. Where an industrial use abuts a residential zone, the Conservation (C) Zone, the Institutional (I) Zone, the Open Shoreline (OS) Zone, or the Parks and Open Space (PO) Zone, the following restrictions shall apply to an abutting yard for industrial zones: Open Storage and Outdoor Display 10.1.3. The following restrictions shall apply to open storage and outdoor display in the Industrial General (IG) Zone: Town of Mahone Bay Land Use Bylaw 68 10.2. Permitted Uses in the Industrial Zone 10.2.1. The following tables shall outline the permitted uses in the Industrial General (IG) Zone subject to the following scheme: 10.2.2. Notwithstanding Subsection 10.2.1, on PID 60419538 commercial and industrial uses identified as permitted or permitted by site plan approval in the following tables shall only be considered via development agreement, subject to the appropriate policy in the Municipal Planning Strategy. Town of Mahone Bay Land Use Bylaw 69 Commercial and Industrial Uses in the Industrial Zones IG Animal Care P Automobile Body Shop P Automobile Repair Shop P Automobile Sales P Automobile Service Station P Boat and Marine Sales P Building Material and Equipment Depots P Electric Vehicle Charging - Commercial P Electricity Production Industries P Fishery Related Industries P Heavy Equipment Sales and Rentals P Light Manufacturing P Manufacturing P Marina P Micro-brewery S Micro-distillery S Post Office P Recycling Depot P Retail Lumber and Home Improvement Yard P Retail Store P Self-Storage Facility P Service and Repair Shop P P = permitted | S = site plan | DA = development agreement IG Town of Mahone Bay Land Use Bylaw 70 Solar Collector System - Commercial P Taxi and Bus Station P Transportation Services P Warehouse P P = permitted | S = site plan | DA = development agreement Other Uses in the Industrial Zones IG Commercial Recreation, Outdoor P Emergency Services P Parks and Playgrounds P Government Buildings and Uses P Commercial Parking Lot S Recreation Centre P Recreational Uses P School » Post-Secondary, limited to trade schools P Conservation Uses P Urban Agricultural Uses P P = permitted | S = site plan | DA = development agreement Town of Mahone Bay Land Use Bylaw 71 10.3. Industrial General Zone Development Standards 10.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Industrial General (IG) Zone unless the following requirements are met: Requirement All Permitted Uses (a) Minimum Front/Flanking Setback 5.0 m (b) Minimum Rear Setback i. Main Structure ii. Accessory Structure 4.5 m 4.5 m (c) Minimum Side Setback 4.5 m (d) Maximum Structure Height 13.5 m 10.3.2. The following minimum standards shall apply to lots in Industrial General (IG) Zone: Requirement All Permitted Uses (a) Minimum Lot Area i. Serviced lot ii. Unserviced lot 1,860.0 m2 Minimum required by NSE for septic approval (b) Minimum Lot Frontage 30.0 m NSE = Nova Scotia Department of Environment and Climate Change Town of Mahone Bay Land Use Bylaw 72 11. Unserviced Zones 11.1. Special Requirements for Unserviced Zones 11.1.1. In addition to all other applicable requirements of this Bylaw, uses in the Residential Unserviced (RU) Zone shall be subject to the requirements of this section. Bed and Breakfasts 11.1.2. Bed and breakfast establishments shall meet the following requirements: One Main Building on a Lot 11.1.3. Notwithstanding Section 5.34, only one main building shall be permitted on a lot, with the following exceptions, where the use is permitted in a zone: Forestry Uses 11.1.4. Forestry uses shall be subject to the following requirements: Town of Mahone Bay Land Use Bylaw 73 Mobile Homes 11.1.5. Mobile homes, where permitted, shall: 11.2. Permitted Uses in the Unserviced Zones 11.2.1. The following tables shall outline the permitted uses in the Residential Unserviced (RU) Zone subject to the following scheme: Town of Mahone Bay Land Use Bylaw 74 Residential Uses in the Unserviced Zones RU Accessory Dwelling P Bed and Breakfast » 4 or fewer sleeping units » More than 4 sleeping units P - Grouped Dwellings DA Home-based Business P Mini Home P Mobile Home P Short-term Rental P Single-unit Dwelling P Two-unit Dwelling P Small Options Home P P = permitted | S = site plan | DA = development agreement Commercial and Industrial Uses in the Unserviced Zones RU Forestry Uses P P = permitted | S = site plan | DA = development agreement Other Uses in the Unserviced Zones RU Agriculture-related Uses DA Conservation Use P Government Buildings and Uses P Hobby Livestock Building P Parks and Playgrounds P Solar Collector Systems - Commercial DA Urban Agricultural Uses P P = permitted | S = site plan | DA = development agreement Town of Mahone Bay Land Use Bylaw 75 11.3. Residential Unserviced Zone Development Standards 11.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Residential Unserviced (RU) Zone unless the following requirements are met: Requirement All Permitted Uses (a) Minimum Front/Flanking Setback 5.0 m (b) Minimum Rear Setback 5.0 m (c) Minimum Side Setback 3.5 m (d) Maximum Structure Height 13.5 m 11.3.2. The following minimum standards shall apply to lots in Residential Unserviced (RU) Zone: Requirement Hobby Livestock Building All Other Permitted Uses (a) Minimum Lot Area 10,000 m2 Minimum required by NSE for septic approval (b) Minimum Lot Frontage 21.0 m 21.0 m NSE = Nova Scotia Department of Environment and Climate Change Town of Mahone Bay Land Use Bylaw 76 12. Open Shoreline Zone 12.1. Special Requirements for Open Shoreline Zone 12.1.1. In addition to all other applicable requirements of this Bylaw, uses in the Open Shoreline (OS) Zone shall be subject to the requirements of this section. Existing Residential Uses 12.1.2. Existing residential shall be considered non-conforming. 12.2. Permitted Uses in the Open Shoreline Zone 12.2.1. The following tables shall outline the permitted uses in the Open Shoreline (OS) Zone, subject to the following scheme: Town of Mahone Bay Land Use Bylaw 77 Residential Uses in the Open Shoreline Zone OS Home-based Business P P = permitted | S = site plan | DA = development agreement Other Uses in the Open Shoreline Zone OS Parking Lot S Parks and Playgrounds P Conservation Uses P P = permitted | S = site plan | DA = development agreement 12.3. Open Shoreline Zone Development Standards 12.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Open Shoreline (OS) Zone unless the following requirements are met: Requirement Existing Dwellings All Permitted Uses (a) Minimum Lot Area i. Serviced lot ii. Unserviced lot 650.0 m2 Minimum required by NSE for septic approval 650.0 m2 Minimum required by NSE for septic approval (b) Minimum Lot Frontage 21.0 m 21.0 m (c) Minimum Front/Flanking Setback 4.5 m 1.5 m (d) Minimum Rear Setback 4.5 m 1.5 m (e) Minimum Side Setback 2.0 m 2.0 m (f) Maximum Structure Height 8.0 m 1.0 m measured from the surface of the adjacent street NSE = Nova Scotia Department of Environment and Climate Change Town of Mahone Bay Land Use Bylaw 78 13. Parks and Open Space Zone 13.1. Special Requirements for Parks and Open Space Zone 13.1.1. In addition to all other applicable requirements of this Bylaw, uses in the Parks and Open Space (PO) Zone shall be subject to the requirements of this section. 13.2. Permitted Uses in the Parks and Open Space Zone 13.2.1. The following tables shall outline the permitted uses in the Parks and Open Space (PO) Zone, subject to the following scheme: Town of Mahone Bay Land Use Bylaw 79 Residential Uses in the Parks and Open Space Zone PO Home-based Business P P = permitted | S = site plan | DA = development agreement Other Uses in the Parks and Open Space Zone PO Government Buildings and Uses P Parking Lot S Parks and Playgrounds P Recreational Uses P Conservation Uses P Urban Agricultural Uses P P = permitted | S = site plan | DA = development agreement 13.3. Parks and Open Space Zone Development Standards 13.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Parks and Open Space (PO) Zone unless the following requirements are met: Requirement All Permitted Uses (a) Minimum Front/Flanking Setback 4.5 m (b) Minimum Rear Setback 4.5 m (c) Minimum Side Setback 3.5 m (d) Maximum Structure Height 10.0 m 13.3.2. The following minimum standards shall apply to lots in the Parks and Open Space (OS) Zone: Requirement All Permitted Uses (a) Minimum Lot Area i. Serviced lot ii. Unserviced lot 650.0 m2 Minimum required by NSE for septic approval (b) Minimum Lot Frontage 15.0 m NSE = Nova Scotia Department of Environment and Climate Change Town of Mahone Bay Land Use Bylaw 80 14. Institutional Zone 14.1. Special Requirements for Institutional Zone 14.1.1. In addition to all other applicable requirements of this Bylaw, uses in the Institutional (I) Zone shall be subject to the requirements of this section. Existing Residential Uses 14.1.2. Existing residential shall be considered non-conforming. Buildings on Abutting Lots 14.1.3. Notwithstanding other parts of this Bylaw, buildings on abutting lots within the Institutional (I) Zone, which are under the same ownership, may be joined or physically attached. 14.2. Permitted Uses in the Institutional Zone 14.2.1. The following tables shall outline the permitted uses in the Institutional (I) Zone subject to the following scheme: Town of Mahone Bay Land Use Bylaw 81 Residential Uses in the Institutional Zone I Home-based Business P Nursing Home P Residential Care Facilities P Small Options Home P P = permitted | S = site plan | DA = development agreement Commercial and Industrial Uses in the Institutional Zone I Business or Professional Office P Commercial Recreation - Outdoor P Day Care Centre P Restaurant » Drive-through » Eat-in » Take-out, less than 20 m2 GFA » Take-out, 20 m2 GFA or more - - P - P = permitted | S = site plan | DA = development agreement Other Uses in the Institutional Zone I Cemetery P Community Centre P Cultural Facility P Emergency Services P Government Buildings and Uses P Hospital P Medical Clinic P Parking Lot S Private Club P Place of Worship P P = permitted | S = site plan | DA = development agreement I Parks and Playgrounds P Town of Mahone Bay Land Use Bylaw 82 Recreation Centre P Recreational Uses P School » Academic » Post-secondary » Commercial P P P Conservation Uses P Urban Agricultural Uses P P = permitted | S = site plan | DA = development agreement Town of Mahone Bay Land Use Bylaw 83 14.3. Institutional Zone Development Standards 14.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Institutional (I) Zone unless the following requirements are met: Requirement All Permitted Uses (a) Minimum Front/Flanking Setback 4.5 m (b) Minimum Rear Setback 4.5 m (c) Minimum Side Setback 3.5 m (d) Maximum Structure Height 13.5 m 14.3.2. The following minimum standards shall apply to lots in the Institutional (I) Zone: Requirement All Permitted Uses (a) Minimum Lot Area i. Serviced lot ii. Unserviced lot 650.0 m2 Minimum required by NSE for septic (b) Minimum Lot Frontage 21.0 m NSE = Nova Scotia Department of Environment and Climate Change Town of Mahone Bay Land Use Bylaw 84 15. Conservation Zone 15.1. Conservation Zone Uses Permitted As-of-Right 15.1.1. The following uses shall be permitted in the Conservation (C) Zone, subject to all applicable requirements of this Bylaw: Development Standards 15.1.2. Except as otherwise permitted by this Bylaw, the Development Officer shall not issue a development permit for a use on a lot in the Conservation (C) Zone unless the following requirements are met: Requirement All Permitted Uses (a) Minimum Lot Area 0.0 m2 (b) Minimum Lot Frontage 0.0 m (c) Minimum Front/Flanking Setback 0.0 m (d) Minimum Rear Setback 0.0 m (e) Minimum Side Setback 0.0 m (f) Maximum Structure Height 10.0 m Town of Mahone Bay Land Use Bylaw 85 16. Site Plan Approval 16.1. Commercial, Industrial, and Institutional Site Plan Criteria 16.1.1. Where a zone permits a commercial, industrial, or institutional use by site plan approval, the Development Officer shall approve a site plan where the requirements of this Land Use Bylaw and the following matters have been addressed: Sewage Disposal Access to Town Streets Easements Emergency Services Location of New Structure Town of Mahone Bay Land Use Bylaw 86 Parking and Outdoor Storage Pedestrian Access Servicing and Utilities Town of Mahone Bay Land Use Bylaw 87 Landscaping and Vegetation Site Grading and Land Alterations Exterior Lighting Drive-through Uses i. Only one (1) drive-through service shall be permitted on a lot. ii. When a drive-through service or drive-through restaurant is within 60.0 metres of a dwelling, any intercoms, speakers, and services windows shall be located in a manner so as to minimize noise along with the use and careful siting of physical noise buffers, including, but not limited to, berms and sound walls. iii. Drive-through stacking lanes, and all associated entrances and exits to stacking lanes, shall be separated from parking areas, points of access, and the street using landscaped strips and islands. iv. Stacking lanes shall not be located closer to the front lot line than the main building. Town of Mahone Bay Land Use Bylaw 88 v. Entrances to stacking lanes shall be configured as to minimize conflict with vehicle access points from the street or on-site automobile parking. vi. Stacking lanes shall provide an adequate number of queuing spaces, determined by a qualified professional and confirmed by the Town's Traffic Authority, to accommodate peak demand for the proposed use. vii. Each space within a stacking lane shall be a minimum of 6.5 metres in length and 3.0 metres in width. viii. At least two (2) waste and recycling bin stations shall be placed outside a drive-through restaurant, with at least one in a visible/ accessible area near the drive-through lane. Licensed Liquor Establishments i. Outdoor decks and patios shall be located and screened as appropriate to minimize their effect on adjacent uses and their visibility from any street. ii. Parking lots shall be screened from adjacent dwellings, academic schools, and places of worship by privacy fences. iii. Parking lots and driveways for the use of patrons shall not be located in any minimum setback that abuts a dwelling, academic school, or place of worship. Micro-brewery and Micro Distillery i. Parking lots shall be screened from adjacent dwellings, academic schools, recreational uses, and places of worship by privacy fences. ii. Parking lots and driveways for the use of patrons shall not be located in any minimum setback that abuts a dwelling, recreational use, academic school, or place of worship. 16.1.2. The applicant shall enter into a written undertaking to carry out the terms of the site plan approval. Town of Mahone Bay Land Use Bylaw 89 16.2. Residential Site Plan Criteria 16.2.1. Where a zone permits residential uses by site plan approval, the Development Officer shall approve a site plan where the requirements of this Land Use Bylaw and the following matters have been addressed: Sewage Disposal Access to Town Streets Easements Emergency Services Location of New Structure Town of Mahone Bay Land Use Bylaw 90 Parking and Outdoor Storage Pedestrian Access Servicing and Utilities Town of Mahone Bay Land Use Bylaw 91 Landscaping and Vegetation Site Grading and Land Alterations Exterior Lighting 16.2.2. The applicant shall enter into a written undertaking to carry out the terms of the site plan approval. Town of Mahone Bay Land Use Bylaw 92 16.3. Parking Lots 16.3.1. Where a zone permits parking lots as a main use by site plan approval, the Development Officer shall approve a site plan where the requirements of this Land Use Bylaw and the following matters have been addressed: Access to Town Streets Easements Parking Areas Landscaping Perimeter Town of Mahone Bay Land Use Bylaw 93 Site Grading and Land Alterations Exterior Lighting 16.3.2. The applicant shall enter into a written undertaking to carry out the terms of the site plan approval. Town of Mahone Bay Land Use Bylaw 94 17. Definitions A Abattoir means the use of a building, structure, or part thereof, for slaughtering animals but does not include the slaughtering of game animals for personal use. Accessory Building means a separate building located on the same lot as the main building or principal use, and of a nature customarily and clearly subordinate and incidental to the main building or main use of land. Accessory Structure means a separate structure located on the same lot as the main building or principal use, and of a nature customarily and clearly subordinate and incidental to the main building or main use of land. Accessory Use means a use subordinate and naturally incidental to a main use of land or building located on the same lot. Adult Entertainment means premises providing services or entertainment intended to appeal to sexual appetites, such as adult cabarets, adult theatres, and massage parlours, but excludes the standalone retailing of adult material. Affordable Housing means housing that costs less than 30% of before-tax household income. For the purposes of this definition, housing costs include the following: For renters: rent and any payment for electricity, fuel, water, and other municipal services. For owners: mortgage payments (principal and interest), property taxes, and any condominium fees along with payments for electricity, fuel, water, and other municipal services. Agriculture-related Uses means the use of land, buildings, or structures for processing and storage of agricultural crops, the production of farm products, and the sale of farm products and agricultural products produced on the land, but does not include commercial livestock operations or abattoirs. Town of Mahone Bay Land Use Bylaw 95 Animal Care means the use of buildings or structures for the care of domestic animals and includes veterinary care and grooming, but does not include the breeding of animals, animal day care, or overnight boarding. No outside area may be devoted to or used as part of an animal care use, including, but not limited to, kennels, fenced areas, or any other outdoor space. Animal Shelter means a facility that holds or boards seized, surrendered, abandoned, or lost domestic pets (e.g., dogs, cats, birds), but does not include livestock. No outside area may be devoted to or used as part of an animal shelter use, including, but not limited to, kennels, fenced areas or any other outdoor space. Art Gallery / Studio means a building, place, or area where paintings, sculptures, or other works of art are produced, exhibited, and/or sold. Automobile Body Shop means a building or premises used primarily for the commercial repair of damage to the chassis of an automobile, including major and minor collision damage, frame and panel straightening, repainting and refinishing and similar activity. Automobile Repair Shop means a building or part of a building used for the repair and service of motor vehicles and may include muffler, brake, radiator, engine, tire, glass replacement, wheel alignment, and other specialized activities directly related to the repair or alteration of motor vehicles, but shall not include paint and body repairs, the manufacture or fabrication of motor vehicle parts for the purpose of sale, or the retailing of gasoline or other fuels. Automobile Service Station means a building or part of a building or a clearly defined space on a lot used for washing of motor vehicles and/or the retail sale of liquid or compressed gas automobile fuels and lubricating oils and may include the sale of automobile accessories and the minor servicing and minor repairing essential to the actual operation of motor vehicles but does not include an automobile repair shop, automobile sales, or automobile body shop. Awning or Canopy means an overhead structure supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework, used to shelter a window or doorway. Town of Mahone Bay Land Use Bylaw 96 B Bed and Breakfast means a single unit dwelling in which there is a resident owner or resident manager who provides overnight accommodation to the travelling public and provides at least one meal (usually breakfast, but occasionally other meals as well) to overnight guests. The bed & breakfast use shall not include provision of meals to non- guests. Boarding House means a dwelling in which the proprietor supplies either room or room and board for monetary gain and which is not open to the public. Building means any structure, whether temporary or permanent, that is roofed and that is used for the shelter or accommodation of persons, animals, material, or equipment but does not include frames for sheltering crops. Building and Construction Contractor means the use of buildings or land for the storage of materials and small tools in support of a building and construction-related trade such as, but not limited to, carpenters, electricians, masons, and plumbers, but does not include the storage of heavy equipment. Building Official means the person or persons, or designate, appointed by Council from time to time to administer the Building By-law. Business of Professional Office means the use of a building or portion of a building where business may be transacted, a service performed or consultation given, and includes, but is not limited to, offices, lawyers, architects, engineers, planners, accountants, real estate agents, and photographers but shall not include any place where manufacturing of any product or selling of goods is carried on. Town of Mahone Bay Land Use Bylaw 97 C Campground means the use of land, or part thereof, for providing an overnight camping experience to the travelling public in tents, yurts, bunkies, travel trailers, recreational vehicles, campers, and similar structures and/or vehicles. Carport means a structure enclosed with canvas, tarping, or similar materials, or a roofed open-side structure, intended for the sheltering of automobiles from the elements and may include decorative screening. Cemetery means the land used for the burial of the dead and related purposes, such as a columbaria and mausoleums, and excludes a crematorium use, which is included in the definition of funeral home. Commercial Livestock Operation means an operation in which farm animals, including, but not limited to, horses, swine, fox, mink, fowl, emu, llama, roosters, and ruminants are kept in a building, feedlot, or other facility for feeding, breeding, milking, holding for riding, meat, fur, or egg production, but does not include a hobby livestock building or urban agricultural uses. Commercial Recreation, Indoor means a building or part of a building used for commercial recreation or entertainment purposes and, without limiting the generality of the foregoing, may include such establishments as dance halls, cinemas, billiard or pool halls, bowling alleys, indoor miniature golf courses, indoor shooting ranges, indoor paintball fields, and bingo halls. Commercial Recreation, Outdoor means the use of land for commercial recreation or entertainment purposes together with necessary and accessory buildings and structures and, without limiting the generality of the foregoing, may include such establishments as golf courses, driving ranges, paintball fields, drive-in movie theatres, outdoor miniature golf courses, ropes courses, tennis clubs, and summer camps, but does not include campgrounds, RV parks, outdoor shooting ranges, tracks for the racing of animals or for the racing of any type of motor vehicle, or any use that is obnoxious. For greater clarity, and without limiting the generality of the foregoing, uses accessory to outdoor commercial recreation may include uses such as, but not limited to, eat-in and take-out restaurants; "pro shops" and other rental, maintenance, and retail sales of equipment related to the recreation activity; spas; child minding services; and staff accommodations. Conservation Use means the use of land intended for the protection and preservation of water, soil, plants, and animals. Town of Mahone Bay Land Use Bylaw 98 Convenience Store means a building or part of a building used for the retail sale of a limited line of grocery and confectionary items, which serve the needs of the local neighbourhood. Corner Vision Triangle means that triangular portion of a corner lot established by measuring along the street lines a distance of six (6) metres from their point of intersection and joining the points so established with a straight line, and includes the space situated vertically above said triangular area. Council means the Council of the Town of Mahone Bay. Craft Product means products assembled or made by hand or small custom production processes including but not limited to potters, pewterers, goldsmiths, silversmiths, jewelers, toy makers, leather workers, upholsterers, woodworkers, furniture makers, musical instrument makers, clothing designers and makers, shoemakers, antique refinishers, glass or stained-glass workers, and caterers. Craft Shop means a building or part of a building where craft products are offered for sale to the general public. Cultural Facilities means the use of land, buildings, or part thereof, for the promotion of art, culture, and learning and without limiting the generality of the foregoing includes public art galleries, libraries, museums, theatres, visual arts centres, and other similar uses. Town of Mahone Bay Land Use Bylaw 99 D Day Care Centre means a place where people are cared for without overnight accommodation but does not include a school. Development means any erection, construction, alteration, placement, replacement, location, relocation of, or addition to any structure and any change or alteration in the use made of land or structures. Development Agreement means a legal agreement between Council and a property owner governing the use of the property owner's land, as enabled by the Municipal Government Act and Municipal Planning Strategy and registered on title. Development Officer means the person or persons, or designate, appointed by Council from time to time to administer the Land Use Bylaw and Subdivision Bylaw. Development Permit means the permit issued by the Development Officer certifying that a proposed development complies with the provisions of the Land Use Bylaw. Dwelling means a building or a part of a building occupied or capable of being occupied as a home or residence by one or more persons, containing one or more dwelling units, and shall include a modular home but shall not include a fixed-roof overnight accommodation, mobile home, mini home or recreational vehicle. Dwelling, Accessory means a subservient dwelling either located within a single- unit dwelling or a two-unit dwelling or in a building on a lot with a single-unit dwelling, a two-unit dwelling, or a triplex dwelling. Dwelling, Converted means a single-unit dwelling converted to contain a greater number of dwelling units than the dwelling contained prior to that conversion. Dwellings, Grouped means two or more dwelling units contained in two or more dwellings located on a single lot. Dwellings, Multi-unit means a dwelling containing four or more dwelling units, but does not include a converted dwelling or a dwelling that is part of grouped dwellings. Dwelling, Single-unit means a dwelling containing one dwelling unit or one dwelling unit and an accessory dwelling. Town of Mahone Bay Land Use Bylaw 100 Dwelling, Two-unit means a dwelling divided horizontally or vertically into two dwelling units, each of which has an independent entrance either directly or through a common vestibule. Dwelling, Triplex means a dwelling divided horizontally or vertically into three dwelling units, each of which has an independent entrance either directly or through a common vestibule. Dwelling Unit ("DU") means one or more habitable rooms within a dwelling designed, occupied, or intended for use by one or more individuals as an independent and separate housekeeping establishment in which cooking, sleeping, and sanitary facilities are provided for the exclusive use of such individual or individuals. Town of Mahone Bay Land Use Bylaw 101 E Electrical Vehicle Charging means infrastructure that supplies energy for the charging of electric vehicles such as plug-in electric and hybrid vehicles. Electrical Vehicle Charging, Commercial means a building or part of a building or a clearly defined space on a lot used for the retail sale of energy for the charging of electric vehicles such as plug-in electric and hybrid vehicles and may include the sale of automobile accessories and the minor servicing and minor repairing essential to the actual operation of motor vehicles but does not include an automobile repair shop, automobile sales, or automobile body shop Electrical Vehicle Charging, Non-commercial means a premise with infrastructure that supplies energy for the charging of electric vehicles such as plug-in electric and hybrid vehicles without charging a fee. Emergency Services means a building or use of land for the protection of public health, safety, and property and shall include, but is not limited to, fire stations, ambulance depots, police stations, and search-and-rescue facilities, but does not include a correctional facility. Erect means to build, construct, reconstruct, alter or relocate and without limiting the generality of the foregoing shall include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, or structurally altering any existing building or structure by an addition, deletion, enlargement or extension. Existing means legally existing on the effective date of this Bylaw. Extended Care Facility means a medical institution that provides prolonged care (as in cases of prolonged illness or rehabilitation from acute illness) or end-of-life (hospice) care. Town of Mahone Bay Land Use Bylaw 102 F Farm Market means the use of land, buildings, structures, or part thereof for the purpose of selling seasonal fresh produce, craft products, and ready-to-eat food by independent vendors. Fishery Related Industries means the use of land, buildings, or part thereof in support of the fishery and without limiting the generality of the foregoing includes commercial storage of fishing vessels, gear, and other related materials; docks; boat launches; and repair facilities; but does not include fish processing. Fishing Vessel means any watercraft engaged on a part-time or full-time basis for use in the commercial fishery. Fixed-roof Overnight Accommodation means a building, buildings on the same lot, or part thereof used to accommodate the travelling public for gain or profit by supplying them with overnight sleeping accommodation, for a period of 30 days or less, with or without meals, with or without on-site administration, and with or without private cooking facilities, and may include, but is not limited to, hotels, motels, hostels, cottage or cabin rentals. Footprint means the total ground floor area of a building enclosed within the exterior faces of the exterior main walls, and for the purpose of this definition, the walls forming a courtyard shall be deemed exterior main walls. Forestry Uses means uses associated with the forestry industry, including sawmills, maple sugaring operations, Christmas tree u-picks, shingle mills, vehicle and equipment storage, maintenance buildings and yards, and retail and wholesale outlets for wood and wood products but shall not include uses for the production of pulp. Funeral Home means a building used for the preparation, temporary display, and/or funeral ceremony of deceased persons and may include a crematorium. Town of Mahone Bay Land Use Bylaw 103 G Garden Centre means a building or structure and lands associated therewith, for the growing of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation together with gardening tools and implements and that are sold at retail from such buildings or lot to the general public. Grade means: Gross Floor Area ("GFA") means the sum of the floor areas of a building above and below grade, measured between the exterior faces of the exterior walls of the building at each floor level, and for the purpose of this definition, the walls forming a courtyard shall be deemed to be exterior walls. H Habitable Area means an enclosed area of a building designed and/or used for any purpose other than parking of vehicles (including boats), building access, or commercial/industrial storage. Heavy Equipment Sales and Rentals means a building or part of a building or structure in which heavy equipment and machinery are offered or kept for sale, rent, lease or hire under agreement for compensation. Town of Mahone Bay Land Use Bylaw 104 Height means the vertical distance on a building or structure between the established grade and: and excluding any construction used as ornament or for the mechanical operation of the building or structures, a mechanical penthouse, chimney, tower, cupola, or steeple. Hobby Livestock Building means a building or structure for the shelter of horses, ponies, sheep, goats, fowl, cows, or swine and with a gross floor area not exceeding 200.0 square metres. Home-based Business means a business activity that is accessory to a dwelling and involves the provision or sale of goods and/or services to the public and where the dwelling is the principal residence of the business operator. Hospital means an institution for the treatment of persons afflicted with or suffering from sickness, disease or injury and may or may not include a medical clinic. I Interpretive Centre means the use of a building or part thereof to communicate to the public the historical, scientific, or cultural information about a location and/or to provide tourism and wayfinding information to the public. Industrial Use means the use of a building or part thereof, or the use of land for the manufacturing, processing, fabrication or assembly of raw materials or goods, warehousing, or bulk storage of goods, equipment, and machine servicing and related accessory uses. Heavy Industrial Use means the use of land or buildings for manufacturing, assembly, and/or processing and which use may be located in whole or in part to the exterior of the building and which use, by the nature of its operation may cause land use conflicts. This definition shall not include marine industrial uses but shall include, but is not limited to, explosives, petrochemical, coke, or paint plants; rendering or poultry plants; tanneries; abattoirs; refineries; or industrial cleaners. Town of Mahone Bay Land Use Bylaw 105 J K Kennel means a commercial establishment where dogs and other domestic animals, excluding livestock, are bred, raised and sold or kept for sale or a boarding, or animal day care. L Licensed Liquor Establishment means a cabaret, lounge, beverage room, and/or bar licensed under the Nova Scotia Liquor Control Act or successor legislation. Lot means any parcel of land described in a deed or as shown on a registered plan of subdivision. Corner Lot means a lot situated at the intersection of land abutting on two or more streets or private roads. Flag Lot means a lot characterized by the main body of the lot generally to the rear of another lot and with access provided by a driveway that is part of the flag lot, and that runs beside the lot or lots between the main portion of the flag lot and the street or private road that provides access to the driveway. A lot shall not be considered a flag lot where the portion of the lot providing access via the street or private road is greater than 20 meters in width along its whole length. Lot Area means the total horizontal area within the lot lines of a lot. Lot Coverage means the combined area of land covered by buildings and roofed structures on a lot, including land over which buildings project, but excluding any area below the eaves of the roof. Portions of a building which are not covered by a roof such as an unsheltered step, a veranda, or a deck, are excluded from the calculation for lot coverage. Lot Depth means the average horizontal distance between the front lot line and the rear lot line. Lot Frontage means the length of the straight line between the two points where the side lot lines intersect the front lot line along any public street or private road. Town of Mahone Bay Land Use Bylaw 106 Lot Line means a boundary line of a lot. Flankage Lot Line means a side lot line that abuts the street or private road on a corner lot. Front Lot Line means the line dividing the lot from the street or private road. In the case of a corner lot or a lot with more than one line abutting a single street or private road the shorter boundary line abutting the street or private road shall be deemed the front lot line. In the case of a through lot the longer boundary dividing the lot from the street or private road shall be deemed to be the front lot line. In the case of a lot which does not abut a street or private road, the front lot line shall be determined by the orientation of the front door of the main building on the lot. Rear Lot Line means the lot line furthest from or opposite to the front lot line. Side Lot Line means a lot line other than a front, flankage, or rear lot line. Town of Mahone Bay Land Use Bylaw 107 M Main Building means the building designed or used for the principle use on the lot. Main Wall means the exterior front, side, or rear wall of a building or structure, and includes but is not restricted to all structural members essential to the support of a fully or partially enclosed space or roof and any decks, bay windows, steps, porches, verandas, and balconies. Manufacturing means the production and/or assembly and/or packaging of goods and/or materials, including processed food and/or drink not intended for immediate consumption but shall not include micro-brewery or micro distillery uses. Manufacturing, Light means manufacturing where the use is conducted entirely within an enclosed building and the use is not obnoxious, and may include accessory retail or wholesale sales of products produced on-site. Marina means a commercial establishment or premise, containing docking facilities and located on a navigable waterway, where boats and boat accessories are stored, serviced, repaired, or kept for sale or rent and may include the sale of fuel and incidental supplies for the boat owners, crews and guests Marine Recreation Providers means a commercial business that, due to its nature of the use, relies on the sea or ocean as an integral part of its operation, including but not limited to boat tours, canoe and kayak rentals, jet ski rentals, but does not include uses related to the commercial fishing industry. Medical Clinic means a building or part of a building where medical or therapeutic diagnosis and/or treatment services are provided to the general public but does not include a public or private hospital or a professional office located in the practitioner's home. Micro-brewery means the use of a building or land for a craft brewery or cidery engaged in the production and packaging of less than 15,000 hectolitres of beer, cider, ale, or other related beverages per calendar year. Micro-distillery means the use of a building or land for a craft distillery engaged in the production and packaging of less than 75,000 litres of liquor and spirits, other than beer, wine, or cider, per calendar year. Mini Home means a detached single dwelling designed for transportation after fabrication that arrives at the site on a flatbed or other trailer where it is to be Town of Mahone Bay Land Use Bylaw 108 occupied as a dwelling complete and ready for occupancy (except for minor and incidental unpacking and assembling operations), which may be connected to utilities and a septic disposal system. The foregoing shall not include modular homes or mobile homes. Mobile Home means a detached dwelling designed for transportation after fabrication on its own wheels that 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 a septic disposal system. The foregoing shall not include modular homes or mini homes. Modular Home means any dwelling unit constructed in accordance with the standards set out in the National Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Municipal Government Act ("Act") means the Municipal Government Act, SNS 1998, Chapter 18 and amendments thereto. Municipal Planning Strategy means the Municipal Planning Strategy of the Town of Mahone Bay. N Nursing Home means an extended or immediate care facility licensed under the Homes for Special Care Act, or successor legislation, to provide full time skilled nursing care to individuals who, by reason of age, chronic illness or infirmity, are unable to care for themselves. Town of Mahone Bay Land Use Bylaw 109 O Ordinary High Watermark means the highest level reached by a body of water that has been maintained for a sufficient period of time to leave evidence on the landscape. It may be indicated by the destruction of dry-land vegetation, the presence of marks on trees or debris deposits. It is usually the point at which natural vegetation shifts from predominantly water-dependent species to dry-land species. Outdoor Display means the display of retail goods or materials intended for the immediate sale to the general public where such goods are not enclosed within a building. Outdoor Storage means storage exterior to a building of items such as merchandise, goods, inventory materials, or equipment and where such items are not intended for immediate sale; but does not include items ancillary to a residential use, such as, but not limited to, firewood for on-site consumption. Outdoor Waterstove/Wood-burning Furnace means any individual furnace located outdoors and outside the structure it serves that is designed to burn wood and wood products for the purpose of heating liquid and air which is piped into said structure. P Parks and Playgrounds means the use of land for passive recreation and landscaping features and shall include, but is not limited to, greens, walking paths, play structures, ponds, fountains, and dog parks. Personal Service Shop means a building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons and without limit the generality of the foregoing may include such establishments as barber shops, beauty parlours, shoe shining shops, tattoo shops, and depots for collecting clothing and linens for dry cleaning and laundry, but excludes any manufacturing or fabrication of goods for sale or the actual act of dry cleaning. Personal 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. Town of Mahone Bay Land Use Bylaw 110 Pet Grooming means a use wholly contained within a building or part of a building for the hygienic care and cleaning of domestic pets for which there is financial remuneration. No outside area may be devoted to or used as part of a pet grooming use, including, but not limited to, kennels, fenced areas or any other outdoor space. Place of Worship means a place dedicated to religious worship and may include, but is not limited to, halls or auditoriums for religious gathering, accessory office space for administrators, day nurseries operated for patrons, and classroom space for religious instruction. Private Club means a building or part of a building used as a meeting place for members of an organization and may include a lodge, a legion, a fraternity or sorority house, and a labour union hall. Private Road means any road or throughfare accessible to motor vehicles which is not owned and maintained by the Town of Mahone Bay or the Nova Scotia Department of Public Works. Public Façade means that part of the exterior of a building or structure which can be seen from public property such as streets, the harbour and public wharves Public Road or Street means the whole and entire right-of-way of every highway, road or road allowance, vested in the Province of Nova Scotia or the Town, but does not include a controlled-access highway. Q Qualified Person means an individual who has undergone proper educational training and gained experience and expertise to become certified or recognized as able to practice in a particular profession in the province of Nova Scotia and, if required by applicable legislation, is a member in good standing in the professional body representing and/or regulating the profession in Nova Scotia. Town of Mahone Bay Land Use Bylaw 111 R Reconstruct when used with reference to a building or structure, means to build a wholly or substantially new building or structure in the same location as an existing building or structure, where the original existing building or structure has been wholly or partially removed and the resulting building or structure is of substantially the same dimensions and volumes as the original building or structure as demonstrated by photographs or measured drawings of the original structure. Recreation Centre means a building or part of a building used for recreation facilities such as, but not limited to, indoor swimming pools, indoor ice arenas, indoor curling rinks, gymnasiums, weight rooms, and changing facilities. Recreational Use means the use of land for tennis courts, lawn bowling greens, outdoor skating rinks, outdoor skateboard parks, athletic fields, band shells, pavilions, outdoor swimming pools, recreational boat launches, and non-commercial uses similar to the foregoing, together with necessary and accessory buildings and structures, but not including recreation centres or indoor commercial recreation or outdoor commercial recreation or a track for the racing of animals, or any form of motorized vehicles. Recreational Vehicle ("RV") means a vehicle intended as temporary accommodation for travel, vacation, or recreational use. Such vehicles may include, but are not limited to, a motor home, fold-down camping trailer, truck camper, holiday trailer, or fifth wheel travel trailer, but does not include any vehicle that meets the definition of a derelict vehicle under the Municipal Government Act. Recycling Depot means the use of a building or land in which domestic recoverable resources such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled to be taken to another site for processing. For greater clarity, this use does not include a salvage yard. Repair when used with reference to a building or structure means to renovate or mend by replacing or repairing parts without altering the size or volume of the building or structure. Replace when used with reference to a building or structure means to build a wholly or substantially new building or structure on a lot where the original building or structure has been partially or wholly demolished. Residential Care Facility means a family home, group care facility, or similar facility for the non-medical care of more than four persons, but not exceeding nine persons, in need of personal services, supervision, or assistance essential for sustaining the Town of Mahone Bay Land Use Bylaw 112 activities of daily living or for the protection of the individual, but does not include a facility licensed by Corrections Canada or Nova Scotia Corrections or successor bodies. Restaurant means a building or part thereof where food and/or drink intended for immediate consumption is prepared and served to the public. Restaurant, Drive-through means a restaurant or part thereof where the intent is to provide food and/or drink to customers while they remain in their motor vehicles. Restaurant, Eat-in means a restaurant or part thereof where food and/or drink may be consumed within the building or on an attached, formalized outdoor space. Restaurant, Take-out means a restaurant or part thereof that does not provide facilities for consumption of food or drink on the premises, or only provides informal outdoor eating facilities such as picnic tables. Retail Lumber and Home Improvement Yard means the outdoor storage and display of lumber and other building supplies for sale. For greater clarity, retail sale contained wholly within a building shall be considered as a retail store. Retail Store means a building or part of a building in which goods, wares, merchandise, substances, articles, or things are offered or kept for sale directly to the public at retail, but this definition does not include automobile sales, boat and marine sales, retail lumber and home improvement supplies, or heavy equipment sales and rentals. Town of Mahone Bay Land Use Bylaw 113 S Salvage Yard means the use of land for keeping or storing used bodies or parts of automobiles or any other type of used equipment, vehicles, machinery, or materials of any kind, regardless of whether such use occupies all or a part of the lot or lots upon which it is located, or whether it is a use operated for commercial or other purposes, or whether the use is subject to salvage yard licensing requirements of the Province of Nova Scotia. School, Academic means an educational establishment, whether public or private, intended for the academic instruction of students up to the completion of Grade 12, and may include elementary schools, junior high schools, high schools, and consolidated schools, but does not include daycares as the main use. School, Commercial means an educational establishment, whether public or private, intended for instruction in extracurricular activities and/or vocational skills and shall include, but is not limited to, dance schools, music schools, sports schools, driving schools, culinary institutes, cosmetology, computer schools, and other similar schools, but does not include post-secondary schools. School, Post-secondary means a degree- or diploma-granting public educational establishment intended for the academic instruction of students after the completion of Grade 12. Service and Repair Shop means a shop for servicing, repairing, installing, or renting things and equipment, including but not limiting the generality of the foregoing, the following: radio or television service or repair shops, locksmith shops, small appliance service or repair shops, small engine repair shops, household and carpenter tool service and repair shops, but shall not include industrial, manufacturing, or motor vehicle repair shops. Town of Mahone Bay Land Use Bylaw 114 Setback means the horizontal distance between the specified lot line and the nearest main wall of any building or structure, excluding any encroachments permitted in this Bylaw, and extending the full width or length of the lot. Setback, Flankage means the horizontal distance measured from the flankage lot line and the nearest main wall of any building or structure on the lot. Setback, Front means the horizontal distance extending the full lot width, between the front lot line and the nearest main wall of any building or structure on the lot. Setback, Rear means the horizontal distance extending across the full lot width, between the rear lot line and the nearest wall of any main building or structure on the lot. Setback, Side means the horizontal distance between the front setback and rear setback, and between the side lot line and the nearest wall of any main structure on the lot. Sign means any structure, device, light or natural object including the ground itself, or any part thereof, or any device attached thereto or painted, projected, or represented thereon, which shall be used to identify, or advertise, 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 identification or advertisement. Changeable Copy Sign means a section of an otherwise permanent sign that allows the message to be amended, updated, or otherwise modified using manual means. Electronic Message Board Sign means a section of a permitted ground sign that allows the message to be amended, updated or otherwise modified using digital means including, but not limited to, light-emitting diode (LED) displays, liquid crystal diode (LCD) displays, or plasma displays. Ground Sign means a sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure, and shall include commercial flag signs. Projecting Wall Sign means a sign that is attached to and projects from a structure or building face. Town of Mahone Bay Land Use Bylaw 115 Sandwich Board Sign means a sign consisting of two surfaces attached to each other at the top and designed so as to stand temporarily without foundation or other support on a lot or sidewalk without electric or other service connection. Wall Sign means a sign attached to, painted on, or erected against a wall of a building, with the face horizontally parallel to the building or street. Window Sign means a sign displayed inside of a window or glass door and is legible from off the premise. Sign Area means the area of the smallest triangle, rectangle, circle or semicircle that can wholly enclose the surface area of the sign. Only one side of a multi-faced sign shall be used to determine sign area. The sign area of individual letters or figures that are attached or painted on a surface shall be the area of the smallest triangle, rectangle, circle or semicircle that can wholly enclose all of the letters, numbers or insignia. Short-term Rental means the use of a dwelling unit where guest sleeping facilities are contained within one building on a lot, intended to provide accommodation to the traveling public, and where the facilities on the lot are only rented to one party at a time. The short-term rental may include the provision of private cooking facilities but shall not include facilities that are open to the general public such as meeting rooms, restaurants, or entertainment facilities. Sleeping Unit means a lockable room or rooms provided for the use of a single party and may or may not include an en suite washroom and/or a fridge and microwave. Small Option Home means a family home, group care facility, or similar facility for the non-medical care for up to four persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual, but does not include a facility licensed by Corrections Canada or Nova Scotia Corrections or successor bodies. Town of Mahone Bay Land Use Bylaw 116 Solar Collector System means a structure or array of structures, and ancillary equipment, designed to collect solar radiation and convert it to useable forms of energy. Without restricting the generality of this definition, solar collector system may include evacuated tubes, flat plate collectors, concentrating mirrors, and building- integrated photovoltaic materials but does not include windows or greenhouses. Solar Collector System, Accessory means a solar collector system designed and sized with a primary purpose to offset or meet the energy needs of other uses on the site. While such systems may generate, on an annual basis, a small monetary profit through programs such as net metering, such profits shall be secondary and incidental to the purpose of offsetting on-site energy needs. Solar Collector System, Commercial means a solar collector system designed and sized with a primary purpose to provide electricity or other forms of energy to the grid or other off-site uses. Structure means anything that is erected, built, or constructed of parts joined together or any such erection fixed to or supported by the soil or by any other structure, and includes a building. T Town means, where the context dictates, either the Body Corporate of the Town of Mahone Bay, or the geographical area incorporated as the Town of Mahone Bay Transportation Service means a building, structure, land, or part thereof used for the purpose of transporting any kind of item or thing by truck or other vehicle, including, but not limited to, loading facilities, storage, and maintenance facilities, but does not include the transport of people. Town of Mahone Bay Land Use Bylaw 117 U Urban Agriculture means the use of land and accessory buildings for agricultural activities on a hobbyist scale and shall include community gardens, small-scale bee keeping, and small-scale keeping of chickens and/or meat rabbits, but shall not include the keeping of any other livestock. Use means the purpose for which any land, building, or structure is utilized. V Variance means a relaxation or reduction of the Land Use Bylaw requirements for a specific site, as stipulated in the Municipal Government Act. Veterinary Clinic means indoor premises designed or used for the care, observation, and treatment of animals. W Watercourse means the bed and shore of a lake, river, stream, pond, wetland, or other natural body of water, and the water therein, but this definition does not include the ocean. Warehouse means a building or part of a building where goods or wares are stored but shall not include a retail store or production or assembly of goods or materials. Wind Turbine means a machine and supporting structure designed to convert wind energy into mechanical or electrical energy. X Town of Mahone Bay Land Use Bylaw 118 Y Yard means an open, uncovered space on a lot appurtenant to a building or structure or a specified land use, and in determining yard measurements, the minimum horizontal distance from the respective lot lines shall be used; and for greater certainty: Yard, Flankage means the area of land extending from the front yard to the rear yard and between the flankage lot line and the nearest main wall of any main building on the lot. Yard, Front means the area extending across the full width of a lot between the front lot line and the nearest main wall of any main building on the lot. Yard, Rear means the area extending across the full width of a lot between the rear lot line and the nearest main wall of any main building on the lot. Yard, Side means the area of land extending from the front yard to the rear yard and between the side lot line and the nearest main wall of any main building on the lot. Town of Mahone Bay Land Use Bylaw 119 Z Zone means a specified area of land shown on Schedule 'A' of this Bylaw. Town of Mahone Bay Land Use Bylaw 120 Summary of Amendments Council Adoption Date Effective Date Reference Number File or Project General Nature of the Change July 24, 2024 August 7, 2024 Rezoning April 24, 2025 May 21, 2025 Residential Parking Requirements June 26, 2025 July 29, 2025 ` Rezoning Hawthorn October 21, 2025 November 12, 2025 Section 5.12 language Town of Mahone Bay Land Use Bylaw 121 18. Schedules and Appendices 18.1.1. Schedules form an official part of this By-law. 18.1.2. Appendices may be changed by resolution of Council without formally amending this Bylaw. Schedule 'A' Zoning Maps Schedule 'B' Architectural Control Overlay Schedule 'C' Watercourse and Waterbodies Map Schedule 'D' Coastal Flood Risk Map Appendix 'A' Areas of Increased Parking Requirements Town of Mahone Bay Land Use Bylaw 122 Appendix 'A' - Areas of Increased Parking Requirements Town of Mahone Bay Land Use Bylaw 123