Municipality of the County of Richmond Land Use By-law (Plan Richmond) - Accessory Agriculture Uses
Richmond, Nova Scotia
· adopted 2024-01-29
· summary & facts
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Municipality of the County of Richmond
Land Use By-law
January 29, 2024
Table of Contents
1
Title, Purpose, Authority, and Applicability
1
1.1
Title
1
1.2
Purpose
1
1.3
Authority
1
1.4
Applicability
1
2
Interpretation
2
2.1
Certain Words
2
2.2
Conflict
2
2.3
Definitions
2
2.4
Units of Measurement
2
2.5
Interpretation of Zone Boundaries
3
2.6
Severability
3
3
Administration
4
3.1
Administration of Land Use By-law
4
3.2
Inspection
4
3.3
Enforcement and Penalty
4
3.4
Compliance with Other Legislation
4
3.5
Restoring to a Safe Condition
4
3.6
Effective Date
4
3.7
Repeal
5
3.8
Existing Structures and Uses
5
4
Development Permitting
6
4.1
Development Permit
6
4.2
Development Not Requiring a Development Permit
7
4.3
No Exemption from Requirements
7
4.4
Application Requirements
8
4.5
Lot Plan Requirements
9
4.6
Additional Plan Information
9
4.7
Additional Studies and Plans
10
4.8
Additional Information for Wind Turbine Developments
11
4.9
Variances
12
4.10
Site Plan Approval
13
4.11
Site Plan Approval Exemptions
13
4.12
Site Plan Approval Review
14
4.13
Site Plan Approval Notification
14
5
Zones and Zoning Maps
15
5.1
Zones
15
5.2
Zoning Maps
15
6
General Provisions
17
6.1
Application of General Provisions
17
6.2
Accessory Buildings and Structures
17
6.3
Accessory Uses
17
6.4
Building Height Exception
17
6.5
Building to be Moved
17
6.6
Electric Vehicle Charging - Accessory
18
6.7
Encroachment into Setbacks
18
6.8
Existing Undersized Lots
19
6.9
Farm, Fish, and Forestry Stalls
19
6.10
Flag Lots
19
6.11
Frontage on a Road
20
6.12
Home-based Businesses
21
6.13
Home Offices
23
6.14
Illumination
23
6.15
Instruction of One Student at a Time
23
6.16
Island Developments
23
6.17
Habitation of Vehicles
23
6.18
Kennels
23
6.19
Fishery Storage
24
6.20
Multiple Main Buildings
24
6.21
Multiple Land Uses on Property
24
6.22
Non-conforming Structures
24
6.23
Non-conforming Uses
24
6.24
Self-Storage Facilities
25
6.25
Side Yard Requirement - Exception
25
6.26
Shipping Containers
25
6.27
Solar Collector Systems
25
6.28
Sporting Mountain Overlay
26
6.29
Accessory Agriculture Uses
26
6.30
Storage Buildings
26
6.31
Use of Former Community Facilities
27
6.32
Utilities
27
6.33
Visibility at Intersections
27
6.34
Watercourse Buffer
28
6.35
Wind Turbines
28
7
Parking
32
7.1
Application of Parking Requirements
32
7.2
Minimum Number of Automobile Parking Spaces
32
7.3
Location of Automobile Parking
34
7.4
Parking Exemption
34
7.5
Automobile Parking Area Standards
34
8
Signage
35
8.1
Signage Provisions for All Zones
35
8.2
Signs Prohibited in All Zones
36
8.3
Signs Permitted in all Zones
37
8.4
Signage Provisions for the Serviced Areas and Hamlet Areas
38
8.5
Illumination
39
9
Main Street (MS) Zone
40
9.1
Permitted Uses
40
9.2
Permitted Uses with Conditions
41
9.3
Permitted Uses by Site Plan Approval
41
9.4
Permitted Uses by Development Agreement
41
9.5
Main Street (MS) Zone Development Standards
42
9.6
Design Standards in the Main Street (MS) Zone
43
10
General Centre (GC) Zone
45
10.1
Permitted Uses
45
10.2
Permitted Uses with Conditions
46
10.3
Permitted Uses by Site Plan Approval
47
10.4
Permitted Uses by Development Agreement
47
10.5
General Centre (GC) Zone Development Standards
48
11
Residential Centre (R) Zone
49
11.1
Permitted Uses
49
11.2
Permitted Uses with Conditions
49
11.3
Permitted Uses by Site Plan Approval
50
11.4
Permitted Uses by Development Agreement
50
11.5
Residential Centre (R) Zone Development Standards
50
12
Light Industrial Centre (MI) Zone
51
12.1
Permitted Uses
51
12.2
Permitted Uses with Conditions
52
12.3
Permitted Uses by Site Plan Approval
52
12.4
Permitted Uses by Development Agreement
53
12.5
Light Industrial Centre (MI) Zone Development Standards
53
13
Hamlet Residential (HR) Zone
54
13.1
Permitted Uses
54
13.2
Permitted Uses with Conditions
55
13.3
Permitted Uses by Site Plan Approval
55
13.4
Permitted Uses by Development Agreement
55
13.5
Hamlet Residential (HR) Zone Development Standards
56
14
Hamlet Core (HC) Zone
57
14.1
Permitted Uses
57
14.2
Permitted Uses with Conditions
58
14.3
Permitted Uses by Site Plan Approval
59
14.4
Permitted Uses by Development Agreement
59
14.5
Hamlet Core (HC) Zone Development Standards
60
14.6
Light Industrial Uses in the Hamlet Core (HC) Zone
60
15
Rural General (RG) Zone
61
15.1
Permitted Uses
61
15.2
Permitted Uses with Conditions
62
15.3
Permitted Uses by Development Agreement
63
15.4
Rural General (RG) Zone Development Standards
63
15.5
Retail Stores Uses in the Rural General (RG) Zone
63
16
Rural Commercial (RC) Zone
64
16.1
Permitted Uses
64
16.2
Permitted Uses with Conditions
66
16.3
Permitted Uses by Site Plan Approval
66
16.4
Permitted Uses by Development Agreement
66
16.5
Rural Commercial (RC) Zone Development Standards
67
16.6
Light Industrial Uses in the Rural Commercial (RC) Zone
67
17
Rural Industrial (RM) Zone
68
17.1
Permitted Uses
68
17.2
Permitted Uses with Conditions
69
17.3
Permitted Uses by Site Plan Approval
69
17.4
Permitted Uses by Development Agreement
69
17.5
Rural Industrial (RM) Zone Development Standards
70
18
Agriculture Potential (AP) Zone
71
18.1
Permitted Uses
71
18.2
Permitted Uses with Conditions
72
18.3
Permitted Uses by Development Agreement
72
18.4
Agriculture Potential (AP) Zone Development Standards
72
18.5
Retail Stores Uses in the Agriculture Potential (AP) Zone
73
19
Lakeshore (RL) Zone
74
19.1
Permitted Uses
74
19.2
Permitted Uses with Conditions
74
19.3
Permitted Uses by Development Agreement
75
19.4
Lakeshore (RL) Zone Development Standards
75
19.5
Retail Stores Uses in the Lakeshore (RL) Zone
75
20
Fishing (RF) Zone
76
20.1
Permitted Uses
76
20.2
Permitted Uses with Conditions
77
20.3
Permitted Uses by Development Agreement
77
20.4
Fishing (RF) Zone Development Standards
77
21
Parks and Open Space (PO) Zone
78
21.1
Permitted Uses
78
21.2
Permitted Uses with Conditions
78
21.3
Permitted Uses by Development Agreement
78
21.4
Parks and Open Space (PO) Zone Development Standards
79
21.5
Special Requirements - Take-out Restaurants
79
22
Highway Commercial (HWY) Zone
80
22.1
Permitted Uses
80
22.2
Permitted Uses with Conditions
81
22.3
Permitted Uses by Development Agreement
81
22.4
Highway Commercial (HWY) Zone Development Standards
82
23
Commercial Recreation (CR) Zone
83
23.1
Permitted Uses
83
23.2
Permitted Uses with Conditions
84
23.3
Permitted Uses by Site Plan Approval
84
23.4
Permitted Uses by Development Agreement
84
23.5
Commercial Recreation (CR) Zone Development Standards
85
24
Institutional (I) Zone
86
24.1
Permitted Uses
86
24.2
Permitted Uses with Conditions
87
24.3
Permitted Uses by Development Agreement
87
24.4
Institutional (I) Zone Development Standards
87
25
Source Water Protection 1 (WP1) Zone
88
25.1
Permitted Uses
88
25.2
Permitted Uses by Development Agreement
88
25.3
Source Water Protection 1 (WP1) Zone Development Standards
88
26
Source Water Protection 2 (WP2) Zone
89
26.1
Permitted Uses
89
26.2
Permitted Uses by Development Agreement
89
26.3
Source Water Protection 2 (WP2) Zone Development Standards
90
27
Conservation (C) Zone
91
27.1
Permitted Uses
91
27.2
Permitted Uses by Development Agreement
91
27.3
Conservation (C) Zone Development Standards
91
28
Comprehensive Development District (CDD) Zone
92
28.1
Permitted Uses
92
28.2
Permitted Uses by Development Agreement
92
29
Site Plan Approval
93
29.1
Introduction to Approval Criteria
93
29.2
Residential Site Plan Approval
94
29.3
Automobile Shop and Drive-through Site Plan Approval
95
29.4
Campground Site Plan Approval
97
29.5
Scrap Yard Site Plan Approval
99
29.6
Conversion of a Non-conforming Use
100
30
Definitions
101
31
Schedules and Appendices
121
Schedule 'A' - Zoning Map
121
Schedule 'B' - Wind Resource Maps
121
Appendix 'A' - Summary of Development Agreement Policies
122
1
1 Title, Purpose, Authority, and Applicability
1.1
Title
1.1.1
This By-law shall be known as, and may be cited as, the Municipality of
the County of Richmond Land Use By-law.
1.2
Purpose
1.2.1
The purpose of this By-law is to facilitate the sustainable, orderly,
economical, and beneficial development and use of land and buildings
within the Municipality of the County of Richmond, and for that purpose
the By-law, among other things:
(a)
divides the Municipality of the County of Richmond into zones;
(b)
prescribes and regulates for each zone the purposes for which
land and buildings may be used;
(c)
establishes standards for the dimensions of land within each
zone and the positioning of buildings upon those lands;
(d)
establishes a method of making decisions on applications for
development permits, including the issuing of development
permits; and
(e)
establishes a method for making decisions on applications for
site plan approval.
1.3
Authority
1.3.1
This By-law shall be applied in a manner consistent with the Municipality
of the County of Richmond's Municipal Planning Strategy and the
Municipal Government Act ("Act"), as amended from time to time.
1.4
Applicability
1.4.1
This By-law shall apply to all lands within the Municipality, except those
lands subject to Secondary Municipal Planning Strategies, as identified
on Schedule 'A', the Zoning Map.
1.4.2
Notwithstanding Subsection 1.4.1, the wind turbine provisions of Section
6.35 shall apply to all areas of the Municipality.
2
2
Interpretation
2.1
Certain Words
2.1.1
In this By-law:
(a)
the word "shall" means mandatory compliance;
(b)
the word "may" means discretionary compliance or a choice in
applying a policy or regulation;
(c)
words used in the plural include the singular, and words in the
singular include the plural; and
(d)
gendered words shall be interpreted to mean any gender.
2.1.2
Words not otherwise defined in this By-law shall have the meaning
assigned to them in the Act.
2.2
Conflict
2.2.1
In the case of any conflict between the text of this By-law and any maps
or drawings used to illustrate any aspect of this By-law, the text shall
prevail.
2.2.2
Colour coding throughout this By-law and the zoning maps is for ease of
reference only and the text of the By-law shall take priority.
2.2.3
In the case of any conflict between a number written in numerals and a
number written in letters, the number written in numerals shall prevail.
2.2.4
In the case of conflict between a written zone name and a zone symbol,
the written zone name shall prevail.
2.3
Definitions
2.3.1
For the purposes of this By-law, words shall have the meaning or
meanings assigned to them in Part 30--Definitions. Where a word is not
defined in Part 30, the word shall have the meaning or meanings
assigned by accepted Canadian English dictionaries.
2.4
Units of Measurement
2.4.1
This By-law uses the metric system of measurement. Numerical
measurements in this document 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
2.5
Interpretation of Zone Boundaries
2.5.1
Boundaries between zones shall be determined as follows:
(a)
where a zone boundary is indicated as following a survey line as
recorded at the Land Registration Office, the boundary shall
follow that line;
(b)
where a zone boundary is indicated as following a street, private
road, or controlled access highway, the centerline of the street,
private road, or controlled access highway as it existed on the
effective date of this By-law shall be the boundary unless
otherwise indicated;
(c)
where a zone boundary is indicated as following a railway or
utility right-of-way, the centerline of the right-of-way shall be the
boundary unless otherwise indicated;
(d)
where the zone boundary is indicated as approximately following
lot lines, the boundary shall follow the lot lines;
(e)
where the zone boundary is indicated as following a physical
feature, such as, but not limited to, topographic elevations or
agricultural soil classification, the Development Officer may
interpret the boundary to align with a site-specific delineation
completed by a qualified professional;
(f)
where the zone boundary is indicated as following the shoreline
of a watercourse, the ordinary high water mark shall be the
boundary; and
(g)
where none of the above provisions apply, the Development
Officer shall scale the zone boundary from the zoning map.
2.6
Severability
2.6.1
If any provision of this By-law 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 By-law.
4
3
Administration
3.1
Administration of Land Use By-law
3.1.1
Council shall appoint one (1) or more Development Officer(s) for the
Municipality.
3.1.2
The Development Officer shall be responsible for the administration of
this By-law.
3.2
Inspection
3.2.1
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.
3.3
Enforcement and Penalty
3.3.1
In the event of any contravention of the provisions of this By-law, the
Municipality may act as provided for in Section 266 of the Municipal
Government Act.
3.4
Compliance with Other Legislation
3.4.1
Nothing in this By-law shall exempt any person from complying with the
requirements of any other by-law in force within the Municipality, or from
obtaining any license, permission, permit, authority, or approval required
by any other by-law of the Municipality or statute or regulation of the
Province of Nova Scotia or the Government of Canada.
3.4.2
Where the provisions in this By-law conflict with those of any other by-law
of the Municipality or statute or regulation of the Province of Nova Scotia
or the Government of Canada, the higher or more stringent provision
shall prevail.
3.5
Restoring to a Safe Condition
3.5.1
Nothing in this By-law shall prevent the restoration of any building or
structure to a safe condition when so required by a municipal order
issued against a property.
3.6
Effective Date
3.6.1
Upon adoption by the Council of the Municipality of the County of
Richmond and approval by the Minister of Municipal Affairs, this By-law
shall take effect on the date a notice is published in a newspaper,
circulating in the Municipality, informing the public that the Land Use By-
law is in effect.
5
3.7
Repeal
3.7.1
The Municipality's Shannon Lake Land Use By-law, Sporting Mountain
Land Use By-law, and Wind Turbine Development Land Use By-law are
hereby repealed.
3.8
Existing Structures and Uses
3.8.1
A structure or use of land shall be deemed to exist on the effective date
of this By-law if:
(a)
it has lawfully been constructed;
(b)
it has lawfully commenced;
(c)
it is lawfully under construction; or
(d)
all required permits for its construction or uses were in force and
effect, except that this shall not apply unless the construction or
use is commenced within 12 months after the date of the latest
issuance of the required permits.
6
4
Development Permitting
4.1
Development Permit
4.1.1
Unless otherwise stated in this By-law, no person shall undertake a
development within the Municipality, including the development of any
wind turbine development, without first obtaining a development permit
from the Development Officer.
4.1.2
The Development Officer shall only issue a development permit in
conformance with this By-law 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 nonconforming use or structure, in which
case a development permit shall be issued in conformance with the Act.
4.1.3
A development permit shall expire within the following time periods from
the date issued if the development has not commenced:
(a)
Three (3) years for utility scale wind turbines.
(b)
Two (2) years for industrial uses.
(c)
One (1) year for all other uses.
4.1.4
The Development Officer may revoke a development permit where
information provided on the application is found to be inaccurate or the
permit was issued in error.
4.1.5
The Development Officer shall, at the applicant's request and subject to
the payment of fees in conformance with the fee schedule adopted by
resolution of Council, renew a development permit for one (1) additional
year if:
(a)
the development permit has not been renewed previously; and
(b)
the Development Officer is satisfied the development permit is
consistent with the current Land Use By-law and any proposed
amendments to the Land Use By-law for which Council has
provided public notification regarding their intent to adopt.
7
4.2
Development Not Requiring a Development Permit
4.2.1
The following developments shall not require a development permit:
(a)
Interior or exterior renovations or alterations to a structure that do
not result in a change in volume or gross floor area, number of
dwelling units, or a change in use of the structure.
(b)
Fences that do not exceed 1.9 metres (6.23 feet) in height or
fences within the Rural General (RG) Zone, the Agriculture
Potential (AP) Zone, the Rural Commercial (RC) Zone, the Rural
Industrial (RM) Zone, or the Lakeshore (RL) Zone.
(c)
Signs smaller than 0.2 square metres (2.15 square feet) in sign
area, where signs are permitted.
(d)
Temporary buildings or structures erected for a period not
exceeding 60 days.
(e)
Temporary buildings or structures incidental to construction or
community events.
(f)
Public and private utilities located within the street right-of-way.
(g)
Temporary greenhouses, cloches, crop hoops, or other such
temporary crop structures.
(h)
Accessory electric vehicle charging stations.
(i)
Farm, fish, and forest stalls meeting the requirements of Section
6.9.
(j)
Personal offices or studios meeting the requirements of Section
6.13.1.
(k)
The teaching of one (1) student at a time, meeting the
requirements of Subsection 6.15.1.
(l)
Any accessory building with a footprint of 19.97 square metres
(215 square feet) or less, provided all other requirements of this
By-law are met.
(m)
Signs permitted in all zones, as listed in Section 8.3.
4.2.2
For greater clarity, a building permit or other form of license may still be
required for developments that are exempt from requiring a development
permit. Applicants should inquire with the Municipality prior to
undertaking any development.
4.3
No Exemption from Requirements
4.3.1
Every development shall be subject to the requirements of this By-law
whether or not a development permit is required.
8
4.4
Application Requirements
4.4.1
Every application for a development permit shall be made in writing on an
approved form and shall include:
(a)
the signature of the registered landowner or their duly authorized
agent;
(b)
application fees in conformance with the fee schedule adopted
by resolution of Council;
(c)
a statement of the proposed use of the land;
(d)
a statement of the estimated commencement and completion
date of development;
(e)
a lot plan, as detailed in Section 4.5; and
(f)
any other information required by this Land Use By-law.
4.4.2
In addition to 4.4.1, applications for commercial or industrial development
with a footprint of 1,000 square metres (10,763.9 square feet) or greater
shall include a stormwater management plan prepared by a Professional
Engineer or Landscape Architect licensed to practice in Nova Scotia.
Such plans shall include design calculations that confirm the
development, at a minimum, meets the following criteria:
(a)
retains on-site stormwater runoff generated from the first 10 mm
depth of a rainfall event; and
(b)
balances stormwater runoff generated after the first 10 mm of a
rainfall event to ensure matching of the pre- and post-
development stormwater runoff conditions.
9
4.5
Lot Plan Requirements
4.5.1
Every application for a development permit shall be accompanied by a lot
plan of the proposed development, drawn to an appropriate scale and
showing:
(a)
the true shape and dimensions of all lots to be used;
(b)
the proposed location, height, and dimensions of the building,
structure, or work for which the permit is applied;
(c)
the approximate location of rights-of-way and easements within
the subject property;
(d)
the location of every building or structure already erected on or
partly erected on such lot;
(e)
the proposed location and dimensions of parking spaces, loading
spaces, driveways, solid waste storage areas, and landscaping
areas, where applicable;
(f)
the approximate location of all watercourses on the property; and
(g)
other such information as necessary to determine whether or not
every development conforms to the requirements of this By-law.
4.5.2
Notwithstanding Section 4.5.1, a lot plan shall not be required for
changes in the use of a building that do not alter the exterior of the
building, change the parking requirements, or change landscaping and
buffering requirements, unless specifically requested by the Development
Officer.
4.6
Additional Plan Information
4.6.1
Where the Development Officer is unable to determine whether the
proposed development conforms to this By-law or other by-laws and
regulations in force, they may require that the lot plan submitted under
Section 4.5 shows:
(a)
the precise location of rights-of-way, easements, and
watercourses;
(b)
the location of every building erected upon any abutting lot;
(c)
the location of existing and proposed walkways;
(d)
the type and location of existing and proposed outdoor lighting;
(e)
the type, location, and height of any existing and/or proposed
retaining walls, fences, hedges, trees, shrubs, or groundcover, as
well as any retained natural vegetation;
(f)
the location and type of any amenity area or facilities provided for
users of the development; and/or,
(g)
existing and proposed service connections or on-site services.
10
4.7
Additional Studies and Plans
4.7.1
Where necessary to determine conformance with this Land Use By-law,
the Development Officer may require the applicant to provide additional
information at the necessary level of detail and, if necessary, prepared by
the appropriate qualified professional at the applicant's cost. Such
additional information may include, but is not limited to:
(a)
site survey and/or location certificate prepared and stamped by a
Nova Scotia Land Surveyor;
(b)
topography and soil conditions of the subject site;
(c)
watercourse and/or wetland delineation study;
(d)
stormwater management plan;
(e)
floor plans and elevation drawings of any proposed structures;
(f)
geotechnical study;
(g)
site grading plan;
(h)
traffic impact assessment or study;
(i)
groundwater supply study; and/or
(j)
any other information deemed necessary by the Development
Officer.
11
4.8
Additional Information for Wind Turbine Developments
4.8.1
Where a development proposal includes a wind turbine, the applicant
shall provide, in addition to any other requirements of this By-law:
(a)
the turbine manufacturer's specifications and Canadian Safety
Association certification;
(b)
a project definition including installed turbine(s) capacity,
targeted long term production levels, scaled elevations or photos
of turbines showing total height, tower height, rotor diameter, and
colour;
(c)
an analysis of noise impact, including a map indicating all lands
and sensitive receptors impacted by the greater than 40 decibel
emission level and estimated noise levels at property lines and
receptors, if the wind turbine development has a nameplate
capacity equal to or greater than one (1) kilowatt (1,000 watts);
and
(d)
any other information deemed necessary by the Development
Officer to evaluate the application.
4.8.2
Where a proposal includes a utility scale wind turbine, the applicant shall
provide, in addition to any other requirements of this By-law:
(a)
authorization documents from Transport Canada, NavCan, and
any other federal departments, if applicable;
(b)
an Environmental Impact Assessment, if the turbine or wind farm
has a nameplate capacity equal to or greater than two (2)
megawatts;
(c)
documentation stating that the project does not disrupt
provincially significant wildlife habitat or endangered species
habitat; and
(d)
a decommissioning and site reclamation plan.
12
4.9
Variances
4.9.1
Notwithstanding anything in this By-law, the Development Officer may
grant a variance subject to Section 235 of the Municipal Government Act.
Specifically, the Development Officer may vary:
(a)
the percentage of land that may be built upon;
(b)
the size or other requirements relating to setbacks;
(c)
lot frontage;
(d)
lot area;
(e)
the location and number of parking spaces and loading spaces
required;
(f)
the ground area of a structure;
(g)
the height of a structure;
(h)
the floor area occupied by a home-based business; and/or
(i)
the height and area of a sign.
4.9.2
In accordance with the Municipal Government Act, the Development
Officer shall not grant a variance if:
(a)
the variance violates the intent of the Land Use By-law;
(b)
the difficulty experienced is general to properties in the area; or
(c)
the difficulty experienced results from an intentional disregard for
the requirements of this Land Use By-law.
13
4.10
Site Plan Approval
4.10.1 This By-law states the types of land uses that are subject to site plan
approval through the permitted use tables and/or lists for each zone.
4.10.2 The approval and appeal procedures for site plan approval shall follow
the requirements of the Municipal Government Act.
4.10.3 All other applicable criteria of this Land Use By-law shall still apply to any
development proposed and undertaken through site plan approval,
except for the following which may be varied by the Development Officer:
(a)
requirements related to yards;
(b)
lot coverage; and,
(c)
minimum parking requirements.
4.10.4 In addition to the requirements of Sections 4.4, 4.5, and 4.6, applications
for site plan approval shall meet the following requirements:
(a)
The application shall be accompanied by a written request,
including a rationale and any necessary supporting illustrations
addressing each of the applicable criteria outlined in Part 29.
(b)
The application shall be accompanied by a fee, in the amount
established by resolution of Council.
4.11
Site Plan Approval Exemptions
4.11.1 Notwithstanding zone requirements for site plan approval, the following
developments shall be exempt from site plan approval, provided all other
requirements of this By-law are met:
(a)
Interior building reconfigurations, or additions of up to a gross
floor area of 25.0 square metres (269.1 square feet).
(b)
Installation, replacement, or repair of building features, and
building repairs or additions that neither change the footprint of
the building nor increase parking requirements.
(c)
Accessory structures with a footprint of less than 25.0 square
metres (269.1 square feet) on a property which is not subject to a
previously approved site plan, or where accessory structures are
not indicated on a previously approved site plan.
(d)
Changes to signage on a property which is not subject to a
previously approved site plan, or where signage was not
indicated on a previously approved site plan.
(e)
Temporary uses.
14
4.12
Site Plan Approval Review
4.12.1 The Development Officer shall review applications for new developments
permitted by site plan approval, and amendments to existing site plan
approvals, against all applicable criteria of this Land Use By-law and the
applicable criteria in Part 29.
4.13
Site Plan Approval Notification
4.13.1 Where the Development Officer has granted a site plan approval,
notification of the approval shall be served upon all assessed properties
that lie within 30.0 metres (98.42 feet) of the property subject to the site
plan approval.
15
5
Zones and Zoning Maps
5.1
Zones
5.1.1
For the purposes of this By-law, the Municipality is divided into the
following zones, the boundaries of which are shown on the attached
Schedule 'A'. Such zones may be referred to by the appropriate symbols:
Zone Name
Zone Symbol
Agriculture Potential Zone
AP
Commercial Recreation Zone
CR
Comprehensive Development District
Zone
CDD
Conservation Zone
C
Fishing Zone
RF
General Centre Zone
GC
Hamlet Core Zone
HC
Hamlet Residential Zone
HR
Highway Commercial Zone
HWY
Institutional Zone
I
Lakeshore Zone
RL
Light Industrial Centre Zone
MI
Main Street Zone
MS
Parks and Open Space Zone
PO
Residential Centre Zone
R
Rural Commercial Zone
RC
Rural General Zone
RG
Rural Industrial Zone
RM
Source Water Protection 1 Zone
WP1
Source Water Protection 2 Zone
WP2
5.1.2
In addition to 5.1.1, this Bylaw contains the following overlay zones,
shown on the attached Schedule 'A' or Schedule 'B', which implement
additional requirements beyond those created by the underlying zoning:
Overlay Name
General Development Overlay
Sporting Mountain Overlay
Utility Scale Wind Development Overlay
Wind Development Overlay
5.2
Zoning Maps
5.2.1
Schedule 'A' attached hereto may be cited as the "Zoning Maps".
5.2.2
Schedule 'B' attached hereto may be cited as the "Wind Resource
Maps".
16
5.2.3
The Zoning Maps and Wind Resource Maps shall form part of this By-
law.
17
6
General Provisions
6.1
Application of General Provisions
6.1.1
The provisions of this Part shall, unless otherwise specified, apply to all
uses and zones and shall prevail over all zone requirements except
where expressly stated otherwise.
6.2
Accessory Buildings and Structures
6.2.1
Accessory buildings and structures shall be located on the same lot as
the main use.
6.2.2
Accessory buildings and structures shall not be located in the front or
flanking yard.
6.2.3
The combined footprint for all accessory buildings and structures shall
not exceed 40 percent of the lot area.
6.2.4
Notwithstanding the minimum rear setback for accessory buildings and
structures, boat houses, docks, wharves, or piers may be built across the
lot line when said lot line corresponds to the water's edge.
6.2.5
Notwithstanding lot standards for accessory buildings and structures,
accessory buildings legally existing on the date of this By-law's adoption
with less than the required setback shall be permitted to be replaced or
rebuilt in the same location provided the accessory building or structure
does not increase its non-conformity.
6.2.6
Notwithstanding the minimum rear and side setback for accessory
buildings and structures, accessory buildings without windows or
perforations on the side of the building facing the abutting lot line may be
built 0.6 metres (2.0 feet) from said lot line.
6.3
Accessory Uses
6.3.1
Uses accessory to a permitted use shall be permitted in all zones.
6.4
Building Height Exception
6.4.1
Notwithstanding building height requirements in this By-law, maximum
height requirements shall not apply to church spires, solar collectors,
observation towers, silos, gondolas, water tanks, elevator enclosures,
flag poles, television or radio antennae, ventilators, skylights, chimneys,
clock towers, guard rails, telecommunication towers, and other similar
structures.
6.5
Building to be Moved
6.5.1
Moving a building onto a lot is considered development and subject to all
provisions of this by-law.
18
6.6
Electric Vehicle Charging - Accessory
6.6.1
Electric vehicle charging stations shall be permitted as an accessory use
in all zones and a development permit shall not be required.
6.7
Encroachment into Setbacks
6.7.1
Notwithstanding the zone standards in this By-law, the follow
encroachments into minimum required setbacks shall be permitted:
Feature
Required Setback in
which Encroachment
is Permitted
Permitted
Encroachment
Distance
Balconies, decks (> 0.3 m [0.98 ft]
high), patios, steps, verandas,
porches (open) not exceeding one (1)
storey in height, and terraces
(uncovered)
Any
To lot line
Barrier free access structures
Any
To lot line
Carports
Side
0.6 m (1.96 ft)
from lot line
Exterior insulation retrofitted to an
existing building
Any
0.3 m (0.98 ft)
Fire escapes and exterior staircases
Rear and Side
1.5 m (4.92 ft)
Sills, belt courses, cornices, eaves,
gutters, chimneys, pilasters, or
similar architectural features
Any
0.6 m (1.96 ft)
Window bays up to 3.0 metres (9.8 ft)
wide
Front, Rear, and
Flankage
1.0 m (3.28 ft)
19
6.8
Existing Undersized Lots
6.8.1
Any lot legally in existence on or before the effective date of this By-law,
having less than the required minimum lot frontage or area, may be:
(a)
used for a purpose permitted in the zone on the lot and a building
may be erected on such lot, provided that all other applicable
provisions of this By-law are satisfied; and
(b)
increased in area and/or frontage as a result of an approved plan
of subdivision and still be considered an undersized lot under this
By-law.
6.8.2
Any lot legally created after the effective date of this By-law through a
provision of the Act or Subdivision By-law that specifically exempts
subdivisions from compliance with municipal Land Use By-law minimum
lot area or minimum lot frontage requirements shall be considered an
existing undersized lot under this Land Use By-law.
6.9
Farm, Fish, and Forestry Stalls
6.9.1
Nothing in this By-law shall prevent the direct sale of fish or other
seafood; farm products such as, but not limited to, flowers, fruit, and
vegetables; and forestry products such as, but not limited to, Christmas
trees, wreaths, and maple products by individuals or companies engaged
in the harvesting of such, subject to the following provisions:
(a)
any associated structures shall be limited to a maximum total
footprint of 10.0 square metres (107.63 square feet) on a lot;
(b)
associated structures shall meet zone requirements for minimum
side and rear setbacks, but shall not be required to meet
minimum front setbacks; and
(c)
no development permit shall be required.
6.10
Flag Lots
6.10.1 Where development is permitted on a flag lot, zone standards for
minimum lot area shall be satisfied within the main portion of the flag lot
and the lot area contained within the prolongation shall not count towards
satisfying that requirement.
20
6.11
Frontage on a Road
6.11.1 In the Agriculture Potential Zone, lot frontage shall only be counted
towards meeting the minimum requirement of the Zone where the lot
fronts on an existing private road or an existing public road, or a private
road providing or intended to provide access for up to six lots.
6.11.2 In the Source Water Protection 1 Zone and the Source Water Protection
2 Zone, lot frontage shall only be counted towards meeting the minimum
requirement of the Zone where the lot fronts on an existing private road
or an existing public road.
6.11.3 In the following Zones, lot frontage shall only be counted towards
meeting the minimum requirement of the Zone where the lot fronts on a
private road or an existing public road:
(a)
Commercial Recreation Zone
(b)
Conservation Zone
(c)
Fishing Zone
(d)
Highway Commercial Zone
(e)
Institutional Zone
(f)
Lakeshore Zone
(g)
Parks and Open Space Zone
(h)
Rural Commercial Zone
(i)
Rural General Zone
(j)
Rural Industrial
6.11.4 In the following Zones, lot frontage shall only be counted towards
meeting the minimum requirement of the Zone where the lot fronts on a
public road or an existing private road:
(a)
General Centre Zone
(b)
Main Street Zone
(c)
Residential Centre Zone
(d)
Light Industrial Zone
21
6.12
Home-based Businesses
6.12.1 Level I home-based businesses shall meet the following requirements:
(a) Permitted Uses
(i) Accommodations - 1 or 2 rental
units
(ii) Animal care
(iii) Art Gallery / Studio
(iv) Business or Professional Office
(v) Commercial School - 6 or fewer
students
(vi) Craft Product Workshop
(vii) Daycare Centre - 6 or fewer
clients
(viii) Medical Clinic
(ix) Personal Service Shop
(x) Service and Repair Shop,
excluding Small Engine Repair
(b) Maximum number of on-
site, non-resident employees
(i) Two (2)
(c) Maximum Floor Area of
Home-based business
(i) The equivalent of 25 percent of
the gross floor area of the
dwelling unit or 50 square metres
(538.19 square feet), whichever
is less.
(d) Outdoor Storage and
Display
(i) Outdoor storage and display
shall not be permitted
(e) Retail Sales
(i) 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 and secondary to the main
business, such as the sale of
shampoo by a hairdresser.
(f) Permitted Signage
(i) One (1) non-illuminated wall or
ground sign, not exceeding 1.0
square metres (10.76 square
feet).
22
6.12.2 Level II home-based businesses shall meet the following requirements:
(a) Permitted Uses
(i) Accommodations - 5 or fewer
rental units
(ii) Animal care
(iii) Art Gallery / Studio
(iv) Automobile Repair Shop - 3 or
fewer automobiles at one time
(v) Business or Professional Office
(vi) Commercial School - 10 or fewer
students
(vii) Craft Product Workshop
(viii) Daycare Centre - 10 or fewer
clients
(ix) Forestry Use
(x) Medical Clinic
(xi) Personal Service Shop
(xii) Service and Repair Shop
(xiii) Take-out Restaurant
(b) Maximum number of on-
site, non-resident employees
(i) Three (3)
(c) Maximum Floor Area of
Home-based business
(i) 150 square metres (1,614.59
square feet), but when located in
a dwelling, the home-based
business shall not occupy more
than 40 percent of the gross floor
area of the dwelling unit.
(d) Outdoor Storage and
Display
(i) The total area of outdoor storage
and outdoor display (combined)
shall not exceed the maximum
permitted floor area of the home-
based business.
(ii) Outdoor storage and outdoor
display shall not be permitted in
the front or flankage yard or in
minimum require side and rear
setbacks.
(e) Retail Sales
(i) 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 and secondary to the main
business, such as the sale of
shampoo by a hairdresser.
(f) Permitted Signage
(i) One (1) non-illuminated wall or
ground sign, not exceeding 1.0
square metres (10.76 square
feet).
23
6.13
Home Offices
6.13.1 Nothing in this By-law shall prevent, and no development permit shall be
required for, the use of a portion of any dwelling or building accessory to
a dwelling as a personal office or studio for residents of the dwelling if the
personal office or studio is not intended to be visited by members of the
public.
6.14
Illumination
6.14.1 Exterior lighting on any lot shall be directed away from, and shall not
cause glare on, adjoining properties or adjacent streets.
6.15
Instruction of One Student at a Time
6.15.1 Nothing in this By-law shall prevent, and no development permit shall be
required for, the use of a portion of any dwelling or building accessory to
a dwelling for the instruction of one (1) student at a time.
6.16
Island Developments
6.16.1 Notwithstanding minimum lot frontage requirements, the Development
Officer may grant a development permit for development on an island
that does not contain a public street, provided:
(a)
the lot has a minimum of 6.0 metres (19.68 feet) of water
frontage on the body of water that creates the island; and
(b)
all other requirements of this By-law and the Subdivision By-law
are satisfied.
6.17
Habitation of Vehicles
6.17.1 Trucks, trailers, buses or coach bodies, or similar structures shall not be
used for human habitation.
6.18
Kennels
6.18.1 Notwithstanding minimum lot area and minimum side and rear yard
setback requirements, kennels, where permitted, shall be subject to the
following requirements:
(a)
Kennel uses shall have a minimum lot area of 10,000 square
metres (107,639.1 square feet).
(b)
Side and rear yard setbacks shall be a minimum of 15.24 metres
(50.0 feet).
24
6.19
Fishery Storage
6.19.1 Notwithstanding the provisions of this By-law, the storage of equipment
associated with the fishing industry use shall be permitted as an
accessory use in all zones.
6.20
Multiple Main Buildings
6.20.1 Unless otherwise prohibited in this By-law, any number of main buildings
may locate on the same lot, subject to applicable zone requirements.
6.21
Multiple Land Uses on Property
6.21.1 In any zone, where any land or building is used for more than one (1)
purpose, all the provisions of this By-law 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 or more stringent standard shall prevail.
6.22
Non-conforming Structures
6.22.1 Notwithstanding lot area, lot frontage, and minimum setback
requirements of this By-law, the use of a non-conforming structure may
be changed to any other use permitted in that zone, provided all other
requirements of this By-law are met.
6.22.2 Non-conforming structures may be replaced, reconstructed, enlarged,
renovated, and/or repaired, provided:
(a)
any such construction does not further infringe on the By-law
requirements(s) that created the non-conformity; and
(b)
all other requirements of this By-law are met.
6.23
Non-conforming Uses
6.23.1 Non-conforming uses shall be subject to the provisions for non-
conforming uses of the Municipal Government Act, except the use may
be recommenced if discontinued for a continuous period of 12 months.
6.23.2 Non-conforming uses may be converted to another non-conforming use
by site plan approval, subject to the applicable provisions of Part 29.
25
6.24
Self-Storage Facilities
6.24.1 Where permitted, and notwithstanding minimum side and rear yard
setback requirements, self-storage facilities shall adhere to the following
provisions:
(a)
Self-storage facility units accessed from the external building
walls shall not be permitted to be located facing the front lot line
of any self-storage facility.
(b)
Side and rear yard setbacks shall be a minimum of 15.24 metres
(50.0 feet).
6.25
Side Yard Requirement - Exception
6.25.1 Notwithstanding anything else in the By-law, where buildings on adjacent
lots share a common wall, the applicable side yard requirements shall be
waived.
6.26
Shipping Containers
6.26.1 Shipping containers shall be permitted as an accessory structure, and
they shall be subject to the accessory structure provisions of Section 6.2.
6.27
Solar Collector Systems
6.27.1 Accessory solar collector systems:
(a)
shall be permitted as an accessory use in all zones and may be
mounted as free-standing structures or on buildings;
(b)
when mounted on buildings may exceed the maximum building
height in the zone by up to 2.0 metres; and
(c)
when mounted as free-standing structures shall:
i.
not exceed a height of 2.0 metres;
ii.
not be located in any minimum front or flankage yard;
and
iii.
not exceed a combined panel area of 10.0 square
metres.
6.27.2 Large-scale solar collector systems in the Hamlet Residential (HR) and
Hamlet Core (HC) Zone shall be limited to a collector area of 500.0
square metres (5,381.96 square feet).
26
6.28
Sporting Mountain Overlay
6.28.1 In addition to all other regulations of this By-law, the area within the
Sporting Mountain Overlay, as shown of Schedule 'A', shall be subject to
the provisions of this Section.
6.28.2 Notwithstanding anything else in this By-law, heavy industrial uses shall
be prohibited within the Sporting Mountain Overlay.
6.28.3 Notwithstanding the requirements of this By-law, any proposal that
includes a light industrial use within the Sporting Mountain Overlay shall:
(a)
not be located within 100.0 metres (328.08 feet) of the high
watermark of the Bras d'Or Lakes; and
(b)
not have a building height greater than 9.15 metres (30 feet).
6.29
Accessory Agriculture Uses
6.29.1 Notwithstanding subsection 6.29.2, where a zone also permits
"agricultural uses", the less stringent requirements shall apply.
6.29.2 Where an accessory agriculture use includes the keeping of livestock,
the use may be permitted one (1) accessory structure, with a gross floor
area no greater than 20.0 square metres (215.27 square feet), for the
keeping of livestock. Please note that larger livestock structures are
possible as an "agricultural uses" land use in zones that permit that use.
6.29.3 Where an accessory agriculture use includes the keeping of livestock,
property owners should note that the Fences and Detention of Stray
Livestock Act requires fencing adequate to prevent the escape of
livestock.
6.29.4 Any accessory structure used for an accessory agriculture use shall be
subject to the requirements of Section 6.2.
6.30
Storage Buildings
6.30.1 A storage building shall not be an "Accessory Building" as defined in sub
clause 1.2.1.2(2)(a) of the Nova Scotia Building Code Regulations.1
6.30.2 An Environment Approval or Qualified Persons Report verifying soil
conditions adequate to contain an onsite sewer system may be required.
1 (2) Unless a municipality otherwise requires by by-law, or where regulations are in another enactment, the Code applies but a building permit is
not required for (a) accessory buildings not greater than 20 m2 (215.2 ft.2) in area
27
6.31
Use of Former Community Facilities
6.31.1 The reuse of former community facilities, existing on [adoption date],
including, but not limited to, schools, community halls, places of worship,
and other similar community facilities, shall be considered to assume a
use not otherwise permitted in the applicable land use zone in which the
community facility is located, by Development Agreement, subject to
Policy 5-46 of the Municipal Planning Strategy.
6.32
Utilities
6.32.1 Unless otherwise stated, any public utility that is essential for the actual
provision of a service, not including energy generation systems, wind
turbines, and large-scale solar collector systems, shall be permitted in
any zone and shall be exempt from zone standards. These utilities
include, but are not limited to, telephone switching centres, electrical
substations, sewage treatment facilities, and water supply facilities.
6.32.2 For greater clarity, uses not directly related to the provision of utility
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.
6.33
Visibility at Intersections
6.33.1 Notwithstanding anything else in this By-law, 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 (1.96 feet) above grade within the corner vision triangle.
28
6.34
Watercourse Buffer
6.34.1 All development, with the exception of the following, shall be prohibited
within 15.24 horizontal metres (50.0 feet) and 2.5 vertical metres (8.2
feet) of the ordinary high watermark of any watercourse:
(a)
Boat houses, fishing gear sheds, docks, wharves, piers, and
slipways.
(b)
Fishing uses.
(c)
Boardwalks, walkways, and trails with a maximum width of 3.0
metres (9.84 feet).
(d)
Pumphouses.
(e)
Scientific research structures.
(f)
Public streets and infrastructure.
(g)
Development in the Source Water Protection 1 (WP1) Zone.
(h)
Development in the Fishing Zone (RF) Zone.
6.34.2 Notwithstanding Subsection 6.34.1, the 2.5 vertical metre (8.2 feet) buffer
shall not apply to those lands subject to the enacted regulations of the
Coastal Protection Act, or its successor legislation.
6.34.3 A lot existing on the effective date of this By-law having less than the
minimum 15.24 horizontal metres (50.0 feet) buffer from the ordinary
high-water mark may be used for a purpose permitted in the zone in
which the lot is located, and a building may be erected, provided the
zone's lot standards and all provision of this By-law are satisfied.
6.35
Wind Turbines
6.35.1 All wind turbine development shall be developed in accordance with the
provisions of the Wind Resource Maps, as shown on Schedule 'B', and
the requirements of this Section, and any other applicable provision of
this Land Use By-law.
General Development Overlay
6.35.2 Within the General Development Overlay of the Wind Resource Maps:
(a)
utility scale wind turbines shall be prohibited; and
(b)
domestic scale wind turbines shall be permitted and subject to
the provisions of Subsection 6.35.5.
29
Wind Development Overlay
6.35.3 Within the Wind Development Overlay of the Wind Resource Maps:
(a)
Utility scale wind turbines shall be permitted and subject to the
provisions of Subsection 6.35.9 and 6.35.10.
(b)
Domestic scale wind turbines shall be permitted and subject to
the provisions of Subsection 6.35.5.
Utility Scale Wind Development Overlay
6.35.4 Within the Utility Scale Wind Development Overlay of the Wind Resource
Maps:
(a)
Utility scale wind turbines shall be permitted and subject to the
provisions of Subsection 6.35.9 and 6.35.14.
(b)
Domestic scale wind turbines shall be permitted and subject to
the provisions of Subsection 6.35.5 and 6.35.14.
Provisions for Domestic Scale Wind Turbines
6.35.5
Domestic scale wind turbines, where permitted, shall be subject to the
following requirements:
(a)
The maximum height of the turbine shall be 60.0 metres (196.85
feet).
(b)
The minimum setback from all adjacent lot boundaries shall be
the greater of:
i.
one (1) times the height of the turbine; or
ii.
at such a distance where the mean value of sound
pressure level from a wind turbine does not exceed 40
decibels at the lot line.
(c)
There shall be no signs, advertisements, or objects attached to
or added to the turbine.
(d)
Turbines greater than 6.0 metres (19.7 feet) in height shall not be
mounted on or attached to any other structure.
(e)
All supporting structures shall be located a minimum of 3.0
metres (9.84 feet) from all lot lines.
(f)
All supporting structures, including guy wires, shall be clearly
visible to a height of a minimum of 2.0 metres (6.6 feet) above
the ground.
(g)
A maximum of one (1) domestic scale wind turbine shall be
permitted per lot.
6.35.6 Mini wind turbines shall be exempt from the provisions of Subclause
6.35.5(b) ii. and Clause 6.35.5(g) within the General Development
Overlay.
30
6.35.7 Clause 6.35.5(g) within the General Development Overlay shall be
waived where the subject lot is greater than 60,000 square metres
(645,834.63 square feet) in area, provided that the minimum separation
distance between turbines equals the height of the tallest turbine.
6.35.8 Within the General Development Overlay, minimum setback
requirements from all adjacent lot boundaries established in Subsection
6.35.5 shall be waived where:
(a)
such adjacent property owner agrees to grant an easement
binding on the current and future land owners; or
(b)
such adjacent property is used for a utility scale wind turbine
development.
Special Provisions for Utility Scale Wind Turbines
6.35.9 Utility scale wind turbines, where permitted, shall be subject to the
following requirements:
(a)
The minimum setback from all dwellings, except dwellings
located on the same lot as the wind turbine, shall be 600.0
metres (1,968.5 feet) four (4) times the turbine height unless a
greater distance is required to ensure that sound levels do not
exceed 40 decibels at the exterior of a dwelling. There shall be
no setback requirement from dwellings located on the same lot.
(b)
The minimum setback for wind turbine developments with a
nameplate capacity greater than two (2) megawatts or turbines
requiring an Environmental Assessment, as stipulated in the
Nova Scotia Environment Act, from all dwellings, except
dwellings located on the same lot as the wind turbine, shall be
1000.0 metres (3,280.84 feet) four (4) times the turbine height
unless a greater distance is required to ensure that sound levels
do not exceed 40 decibels at the exterior of a dwelling. There is
no setback requirement from dellings located on the same lot.
(c)
There shall be no setback requirements for new dwellings
constructed subsequent to a utility scale wind turbine
development.
(d)
Minimum setback from all lot lines shall be one (1) times the
height of the turbine.
(e)
Minimum setbacks from all watercourses and public highways
shall be 60.0 metres (196.85 feet) or two (2) times the height of
the turbine, whichever amount is greater.
(f)
The minimum separation distance between turbines shall be
equal to the height of the tallest turbine.
(g)
There shall be no signs, advertisements or objects attached to or
added to the turbine(s).
31
6.35.10 Within the Wind Development Overlay, the mean value of sound
pressure level from a utility scale wind turbine shall not exceed 40
decibels or above the existing background noise, whichever is greater, at
the nearest residence.
6.35.11 Notwithstanding the setback requirement from a dwelling contained in
Clause 6.35.9(a) and Clause 6.35.9(b), where a dwelling is constructed
within the setback distance of utility scale wind turbine development
erected after the effective date of this By-law, the wind turbine
development may expand. The setback requirement for any expansion
shall be equal to or greater than the setback between the initial wind
turbine development and the dwelling.
6.35.12 The setback requirements from lot lines contained in Clause 6.35.9(d)
shall be waived where wind turbine development occurs on land where
the adjacent property is subject to a lease for that purpose for a term of
19 years or greater. The setback requirement shall apply to any property
which is not leased for wind turbine development.
6.35.13 The owner of a utility wind turbine shall remove a utility wind turbine from
the lot following one (1) year of inactivity. All supporting structures on the
lot shall be removed within 60 days of the date of notification by the
Municipality and the surface site restored to a reasonable natural state
within 18 months. A new application shall be submitted and approved
before a new utility wind turbine is installed or a utility wind turbine is
restarted after the expiration of the one (1) year period.
Wind Turbines in the Port Hawkesbury Watershed
6.35.14 Prior to the issuance of a development permit, any wind turbine proposed
to be erected in the Port Hawkesbury Watershed Section "B" is required
to get written permission from the Minister of Environment of the
Province of Nova Scotia for approval in accordance with the "Port
Hawkesbury Watershed Protected Water Area Designation and
Regulations" made under Subsections 106(5) and (6) of the Environment
Act.
32
7
Parking
7.1
Application of Parking Requirements
7.1.1
The requirements of this Part shall apply to the:
(a)
General Centre (GC) Zone,
(b)
Hamlet Core (HC) Zone,
(c)
Hamlet Residential (HR) Zone,
(d)
Main Street (MS) Zone, and
(e)
Residential Centre (R) Zone.
7.1.2
The requirements of this Part shall not apply to any land use that was in
existence on the effective date of this By-law.
7.1.3
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 existing on [adoption date] the Development Officer may
consider a reduction in the number of parking spaces via the variance
process as outlined in Section 4.9.
7.2
Minimum Number of Automobile Parking Spaces
7.2.1
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.
7.2.2
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 any rounding, and then the total shall be rounded
to the nearest whole number. Half spaces shall be rounded down.
7.2.3
Required automobile parking spaces shall be:
(a)
a minimum of 2.5 metres (8.20 feet) wide by 5.5 metres (18.04
feet) long for 90-degree spaces;
(b)
a minimum of 3.6 metres (11.81 feet) wide by 5.7 metres (18.70
feet) long for angled spaces; and
(c)
except for dwellings with fewer than four (4) units, shall be
capable of being accessed without travelling through another
parking space.
7.2.4
Parking shall be provided and maintained in conformity with Table 7-1. If
a use is not listed in Table 7-1, no parking minimums shall apply.
33
Table 7-1
Use
Parking Spaces Required
Accommodation
1 space per suite or rental
Art Gallery / Studio
1 space
Animal Care
3 spaces
Automobile Body or Repair
Shop
2 spaces per service bay
Banks and Financial Institutions
1 space per 50 m2 (538.19 ft2)
GFA
Boarding House
1 space per sleeping unit
Business or Professional Office
1 space per 50 m2 (538.19 ft2)
GFA
Commercial Recreation - Indoor
1 space per 50 m2 (538.19 ft2)
GFA
Convenience Store
3 spaces
Dwellings
1 space per dwelling unit
Funeral Home
1 space per 25 m2 (269.10 ft2)
GFA, not including area dedicated
to crematoria
Personal Service Shop
1 space per 50 m2 (538.19 ft2)
GFA
Post Office
4 spaces
Private Club
1 space per 50 m2 (538.19 ft2)
GFA
Restaurant - Eat-in
1 space per 25 m2 (269.10 ft2)
GFA
Restaurant - Drive-through
1 space per 45 m2 (484.37 ft2)
GFA
Restaurant - Take out
3 spaces
Retail Store
1 space per 30 m2 (322.91 ft2)
GFA
School - Commercial
1 space per 50 m2 (538.19 ft2)
GFA
Service and Repair Shop
3 spaces
"GFA" = Gross floor area
34
7.3
Location of Automobile Parking
7.3.1
Parking shall not be located in the front yard in the Main Street (MS)
Zone.
7.3.2
No more than four (4) parking spaces shall be located in the front yard of
any dwelling.
7.4
Parking Exemption
7.4.1
Notwithstanding Section 7.2, all minimum automobile parking space
requirements shall be waived in the Main Street (MS) Zone.
7.5
Automobile Parking Area Standards
7.5.1
Where parking facilities for more than four (4) automobiles are required
or provided, the facilities shall meet the following requirements:
(a)
The parking area shall be maintained with a stable surface that is
treated to prevent dust and loose particles.
(b)
The lights used for illumination of the parking lot or parking
station shall be so arranged as to divert the light away from
streets, adjacent lots and buildings.
(c)
A structure, not more than 4.6 metres (15.09 feet) in height and
not more than 5.0 square metres (53.81 square feet) in area may
be erected in the parking area for the use of attendants.
(d)
The parking area shall be within 100.0 metres (square feet) of
the location it is intended to serve, and shall be situated in the
same zone.
(e)
When the parking area is of a permanent hard surface, each
parking space shall be clearly marked and maintained as such.
35
8
Signage
8.1
Signage Provisions for All Zones
8.1.1
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.
8.1.2
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.
8.1.3
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.
36
8.2
Signs Prohibited in All Zones
8.2.1
Notwithstanding any other provision of this By-law, the following signs
shall not be permitted in any zone:
(a)
Signs or sign structures that constitutes a hazard to public health
or safety;
(b)
Signs that obstruct free ingress to or egress from a fire escape
door, window, or other required exit way;
(c)
Signs that obstruct access to any fire hydrant or firefighting hose
connection;
(d)
Signs which have any visible moving part or mechanical
movement of any description;
(e)
Flashing or animated signs;
(f)
Signs not erected by a public authority which make use of words
such as "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD", or
other similar words, phrases, symbols, lights, or characters
displayed in such a manner as to interfere with, mislead, or
confuse traffic along a public road;
(g)
Signs on public property or within a public right-of-way, unless
erected by a government body or unless written permission to do
so has been obtained from the governmental body;
(h)
Signs painted on, attached to, or supported by a tree, stone, cliff,
or other natural object;
(i)
Signs that, by reason of size, location, content, colouring, or
manner of illumination, obstruct the vision of automobile drivers
or obstruct or detract from the visibility or effectiveness of any
traffic sign or control device on public streets and roads; and
(j)
Signs located on the roof of any structure.
37
8.3
Signs Permitted in all Zones
8.3.1
Notwithstanding any other provisions of this By-law except Section 8.2,
the following signs are permitted in all zones without the requirement for
a development permit:
(a)
"No Trespassing" signs or other such signs regulating the use of
a property, and of not more than 0.2 square metres (2.15 square
feet) in sign area.
(b)
Signs erected by a governmental body, or under the direction of
such a body, and bearing no commercial advertising, such as
traffic signs, safety signs, signs identifying public schools, public
election lists, signs giving legal notice, planning application signs,
and public identification and information signs.
(c)
Election signs.
(d)
Memorial signs or tablets and signs denoting the date of erection
of a structure.
(e)
A maximum of two (2) real estate signs on a property, each one
not exceeding 0.5 square metres (5.38 square feet) in sign area,
which advertise the sale, rental, or lease of the premise.
(f)
Signs identifying the name and occupation of the resident, and of
not more than 0.2 square metres (2.15 square feet) in sign area.
(g)
Signs bearing the name or civic number of a building, and of not
more than 0.2 square metres (2.15 square feet) in sign area.
(h)
Signs mounted on the interior surface of sporting facilities such
as, but not limited to, signs mounted on baseball diamond
fences.
(i)
Signs regulating or denoting on-premises traffic, or parking or
other signs denoting the direction or function of various parts of a
building or premise, provided that such signs are less than 0.5
square metres (5.38 square feet) in sign area.
(j)
The flag, pennant, or insignia of any nation, province, or state or
of any religious, charitable, or fraternal organization.
(k)
Interpretive panels describing the history, science, or cultural
relevance of a location.
(l)
A sign incidental to the construction of a residential, commercial,
or industrial building, which is located on the same lot as the
structure under construction. Such sign shall have a sign area of
no more than 6.0 square metres (64.58 square feet) and shall be
removed within sixty days following the completion of
construction.
38
(m)
Temporary signs associated with a specific event, which does
not exceed 1.5 square metres (16.14 square feet) in sign area.
Such signs shall not be placed more than 14 calendar days
before an event and shall be removed within seven (7) of the
event's conclusion.
(n)
Signs erected in compliance with any Municipality of the County
of Richmond signage program and holding a valid permit as may
be required by any by-law or Council policy applicable to any
such program.
8.4
Signage Provisions for the Serviced Areas and Hamlet
Areas
8.4.1
The signage provisions of this Section shall apply to those lands located
within the following zones:
(a)
General Centre (GC) Zone
(b)
Hamlet Core (HC) Zone
(c)
Hamlet Residential (HR) Zone
(d)
Main Street (MS) Zone
(e)
Residential Centre (R) Zone
8.4.2
No person shall erect or relocate any signs, except those permitted under
Section 8.3, without first obtaining a development permit from the
Development Officer, and no development permit shall be issued to erect
a sign unless all the sign provisions of this By-law are satisfied.
8.4.3
A development permit shall not be required for:
(a)
a changeable copy sign with a valid development permit, where
the changeable portion of the sign is altered so long as the sign
or sign structure is not modified in any other way; or
(b)
the repainting, cleaning, or repairing of a sign or sign structure,
for which has a valid development permit, so long as the sign or
sign structure is not modified in any other way.
39
8.4.4
In addition to the provisions of Section 4.4 of this By-law, the following
information shall be provided by the applicant for a development permit
for a sign:
(a)
the name and address of the owner of the sign;
(b)
the name and address of owner or person in possession of the
premises where the sign is to be located;
(c)
clear and legible drawings showing the exact location of the sign
that is the subject of the permit and all other existing signs on the
same premises; and
(d)
drawings showing the dimensions, supports, sizes, materials of
sign, and the method of attachment and the character of
structural members to which attachments are to be made.
8.4.5
Permitted signage shall be outlined in Table 8-1. All requirements are
maximums:
8.5
Illumination
8.5.1
Signs may be internally illuminated or illuminated through the use of
shielded downlighting but such illumination shall not flash.
Table 8-1
Main Street
Zone
General
Centre
Zone
Residential
Centre
Zone
Hamlet
Residential
Zone
Hamlet
Core Zone
Ground Sign
6 m (19.68
ft) tall / 4 m2
(43.05 ft2)
sign area
10 m (32.81
ft) tall / 7 m2
(75.35 ft2)
sign area
Not
Permitted
Not
Permitted
6 m (19.68
ft) tall / 4 m2
(43.05 ft2)
sign area
Wall Sign
10% of wall
20% of wall
5% of wall
5% of wall
15% of wall
Projecting Sign
1 m (3.28
feet)
projection /
1 m2 (10.76
ft2) sign
area
1.5 m (4.92
feet)
projection /
2 m2 (21.52
ft2) sign
area
1 m (3.28
feet)
projection /
1 m2 (10.76
ft2) sign
area
1 m (3.28
feet)
projection /
1 m2 (10.76
ft2) sign
area
1.5 m (4.92
feet)
projection /
2 m2 (21.52
ft2) sign
area
Mobile Sign
Not
permitted
One per
property
Not
permitted
Not
permitted
One per
property
Sandwich Board
Signs
One per
business
One per
business
One per
business
One per
business
One per
business
Roof Signs
Not
permitted
Not
permitted
Not
permitted
Not
permitted
Not
permitted
Third Party
Signs
Not
permitted
Not
permitted
Not
permitted
Not
permitted
Not
permitted
40
9
Main Street (MS) Zone
9.1
Permitted Uses
9.1.1
The following uses shall be permitted in the Main Street (MS) Zone
subject to the requirements of this By-law:
(a)
Accommodations
(b)
Animal Care
(c)
Banks and Financial Institutions
(d)
Boarding (Rooming) Houses - up to 6 sleeping units per lot
(e)
Commercial Recreation - Indoor
(f)
Community Centre
(g)
Craft Food and Beverage Production
(h)
Cultural Facilities
(i)
Daycare Centre
(j)
Drinking Establishment
(k)
Dwellings - up to 12 dwelling units per lot
(l)
Electric Vehicle Charging - as a main use
(m)
Farmers' Market
(n)
Funeral Home
(o)
Government Uses
(p)
Interpretive Centre
(q)
Marina
(r)
Medical Clinic
(s)
Nursing Home
(t)
Office
(u)
Parking Structures and Surface Parking Lots
(v)
Parks and Playgrounds
(w)
Personal Service Shop
(x)
Place of Worship
(y)
Private Club
(z)
Public Recreation
(aa)
Public Transportation
(bb)
Recycling Depot
41
(cc)
Residential Care Facility
(dd)
Restaurant - Eat-in
(ee)
Restaurant - Take-out
(ff)
Retail Store
(gg)
School - Academic
(hh)
School - Commercial
(ii)
School - Post-secondary
(jj)
Service and Repair Shop
(kk)
Small Options Home
(ll)
Trails and Conservation
(mm) Water Access
(nn)
Workshops
9.2
Permitted Uses with Conditions
9.2.1
The following uses shall be permitted in the Main Street (MS) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
9.3
Permitted Uses by Site Plan Approval
9.3.1
The following uses shall be permitted in the Main Street (MS) Zone by
Site Plan Approval subject to the requirements of this By-law:
(a)
Dwellings - over 12 dwelling units per lot
9.4
Permitted Uses by Development Agreement
9.4.1
The following uses shall be considered in the Main Street (MS) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
(b)
Any land use permitted by this zone but not in compliance with
the design standards of Section 9.6 - MPS Policy 4-55
42
9.5
Main Street (MS) Zone Development Standards
9.5.1
In the Main Street (MS) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
200 m2
2152.80 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
6 m
19.69 ft
Minimum Front/Flankage Setback
1.5 m
4.92 ft
Maximum Front/Flankage Setback
6 m
19.69 ft
Minimum Side Setback
- Main Building
0 m
0.00 ft
- Accessory Building
1 m
3.28 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
18 m
59.06 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
9.5.2
Where an easement in the front or flankage yard prevents construction
within the maximum setback, the maximum setback shall apply to the
edge of the easement instead.
9.5.3
The maximum front setback shall only apply to one (1) main building per
lot, i.e., the main building closest to the street line.
43
9.6
Design Standards in the Main Street (MS) Zone
9.6.1
Main buildings developed or enlarged within the Main Street (MS) Zone
shall comply with the requirements of this Section.
Building Composition
9.6.2
A minimum of 50 percent of the lot width, along a line parallel to the
street line and at a distance of the maximum front and flankage setback
shall be occupied by a building.
9.6.3
The minimum building height shall be 6.0 metres (19.68 feet).
9.6.4
The minimum floor-to-floor height of the ground floor shall be 3.5 metres
(11.48 feet).
9.6.5
Above a height of 8.0 metres (26.24 feet):
(a)
buildings shall have a stepback of a minimum 2.5 metres (8.20
feet) away from the front and flankage lot line; or
(b)
all floor area above that elevation shall be developed within the
attic of a sloped roof.
9.6.6
If the building exceeds 12.0 metres (39.37 feet) in width, the facades
shall be broken into sections no larger than 12.0 metres (39.37 feet) in
width using architectural elements such as projections, recesses,
awnings, colour, texture, pilasters, and columns, to break up the
continuous massing of the front and flankage elevations.
9.6.7
Utilities such as vents, mechanical rooms/equipment, and elevator
penthouses shall be integrated with the architectural treatment of the
roof, be located so as to be inconspicuous from any sidewalk, or be
screened with materials and finishes compatible with the buildings
design.
44
Wall Openings
9.6.8
Doors to commercial uses shall be partially or fully glazed.
9.6.9
In the first storey, blank walls without any articulation or windows may not
exceed a horizontal length of 5.0 metres (16.40 feet).
9.6.10 At least 50 percent of the surface area of a building's ground floor wall
facing the street line shall be glazed.
9.6.11 All new developments shall provide a clearly defined pedestrian
entrance. The main pedestrian entrance shall be visually distinct from
other openings in the street wall.
9.6.12 All main entrances shall be ornamented by one of the following:
(a)
awnings;
(b)
emphasized door lintels;
(c)
a portico or otherwise cantilevered roof;
(d)
pilasters on the sides of the entrance; or
(e)
none of the above if the entire ground floor is visually separated
from upper floors by projecting string courses or a difference in
cladding.
9.6.13 On corner lots, the building shall have entrances on the corner within a
bevel or within both walls facing a street line..
9.6.14 Vehicular entrances to buildings within a wall facing a street line shall be
set back by at least 2.0 metres (6.56 feet) from the facade.
Site design
9.6.15 Pedestrian priority areas shall be clearly defined and allow for a
comfortable and safe pedestrian movement. This may be achieved
through the use of landscaping, surface materials, or other design
features.
9.6.16 Large areas of uninterrupted parking shall be avoided. The parking lots
shall not have more than 20 stalls in any direction without an interruption
by landscaping of at least 2.0 metres (6.56 feet) width.
45
10 General Centre (GC) Zone
10.1
Permitted Uses
10.1.1 The following uses shall be permitted in the General Centre (GC) Zone
subject to the requirements of this By-law:
(a)
Accommodations
(b)
Animal Care
(c)
Banks and Financial Institutions
(d)
Boarding (Rooming) House - up to 6 sleeping units per lot
(e)
Building Supply and Equipment Depot
(f)
Cemetery
(g)
Commercial Recreation - Indoor
(h)
Commercial Recreation - Outdoor
(i)
Community Centre
(j)
Craft Food and Beverage Production
(k)
Cultural Facilities
(l)
Daycare Centre
(m)
Drinking Establishment
(n)
Dwelling - up to 6 dwelling units per lot
(o)
Electric Vehicle Charging - as a main use
(p)
Emergency Services
(q)
Farmers' Market
(r)
Funeral Home
(s)
Government Uses
(t)
Hospital
(u)
Interpretive Centre
(v)
Marina
(w)
Marine Recreation Provider
(x)
Medical Clinic
(y)
Nursing Home
(z)
Office
(aa)
Parking Structures and Surface Parking Lots
46
(bb)
Parks and Playgrounds
(cc)
Personal Service Shop
(dd)
Place of Worship
(ee)
Private Club
(ff)
Public Recreation
(gg)
Public Transportation
(hh)
Recycling Depot
(ii)
Residential Care Facility
(jj)
Restaurant - East-in
(kk)
Restaurant - Take-out
(ll)
Retail Store
(mm) School - Academic
(nn)
School - Commercial
(oo)
School - Post-secondary
(pp)
Service and Repair Shop
(qq)
Small Options Home
(rr)
Trails and Conservation
(ss)
Water Access
(tt)
Wholesale
(uu)
Workshop
10.2
Permitted Uses with Conditions
10.2.1 The following uses shall be permitted in the General Centre (GC) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
(d)
Self-Storage Facilities - Section 6.24
47
10.3
Permitted Uses by Site Plan Approval
10.3.1 The following uses shall be permitted in the General Centre (GC) Zone
by Site Plan Approval subject to the requirements of this By-law:
(a)
Dwelling - 7 to 12 dwelling units per lot
(b)
Automobile Body Shop
(c)
Automobile Service Station
(d)
Automobile Washing
(e)
Automobile Repair
(f)
Automobile Sales
(g)
Boarding (Rooming) House - 7 to 12 sleeping units per lot
(h)
Restaurants - Drive-through
10.4
Permitted Uses by Development Agreement
10.4.1 The following uses shall be considered in the General Centre (GC) Zone
by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Dwelling - over 12 dwelling units per lot - MPS Policy 4-59
(b)
Boarding (Rooming) Houses - over 12 sleeping units per lot -
MPS Policy 4-59
(c)
Energy Generation Systems - MPS Policy 5-56
48
10.5
General Centre (GC) Zone Development Standards
10.5.1 In the General Centre (GC) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
350 m2
3767.40 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
6 m
19.69 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
2 m
6.56 ft
- Accessory Building
1 m
3.28 ft
Minimum Rear Setback
- Main Building
3 m
9.84 ft
- Accessory Building
3 m
9.84 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
49
11 Residential Centre (R) Zone
11.1
Permitted Uses
11.1.1 The following uses shall be permitted in the Residential Centre (R) Zone
subject to the requirements of this By-law:
(a)
Accommodations - up to 3 rental units per lot
(b)
Boarding (Rooming) House - up to 4 sleeping units per lot
(c)
Cemetery
(d)
Community Centre
(e)
Dwelling - up to 4 dwelling units per lot
(f)
Government Uses
(g)
Medical Clinic
(h)
Nursing Home
(i)
Parks and Playgrounds
(j)
Place of Worship
(k)
Private Club
(l)
Public Recreation
(m)
Residential Care Facility
(n)
School - Academic
(o)
Small Options Home
(p)
Trails and Conservation
(q)
Water Access
11.2
Permitted Uses with Conditions
11.2.1 The following uses shall be permitted in the Residential Centre (R) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Home-based Business Level I - Section 6.12
50
11.3
Permitted Uses by Site Plan Approval
11.3.1 The following uses shall be permitted in the Residential Centre (R) Zone
by Site Plan Approval subject to the requirements of this By-law:
(a)
Boarding (Rooming) House - 5 to 6 sleeping units per lot
(b)
Dwelling - 5 to 6 dwelling units per lot
11.4
Permitted Uses by Development Agreement
11.4.1 The following uses shall be considered in the Residential Centre (R)
Zone by Development Agreement, subject to the applicable policies in
the Municipal Planning Strategy:
(a)
Accommodations as Home-based Business with six or more
units - MPS Policy 4-65
(b)
Energy Generation Systems - MPS Policy 5-56
11.5
Residential Centre (R) Zone Development Standards
11.5.1 In the Residential Centre (R) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
350 m2
3767.40 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
10 m
32.81 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
2 m
6.56 ft
- Accessory Building
1 m
3.28 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
8 m
26.25 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
51
12 Light Industrial Centre (MI) Zone
12.1
Permitted Uses
12.1.1 The following uses shall be permitted in the Light Industrial Centre (MI)
Zone subject to the requirements of this By-law:
(a)
Aggregate Related Industries
(b)
Agricultural Uses
(c)
Animal Care
(d)
Automobile Body Shop
(e)
Automobile Repair
(f)
Automobile Sales
(g)
Automobile Service Station
(h)
Automobile Washing
(i)
Banks and Financial Institutions
(j)
Building Supply and Equipment Depot
(k)
Commercial Recreation - Indoor
(l)
Commercial Recreation - Outdoor
(m)
Craft Food and Beverage Production
(n)
Drinking Establishment
(o)
Electric Vehicle Charging - as a main use
(p)
Emergency Services
(q)
Farmers' Market
(r)
Fishery Related Uses
(s)
Forestry Related Uses
(t)
Funeral Home
(u)
Government Uses
(v)
Hospital
(w)
Light Industrial
(x)
Marina
(y)
Marine Recreation Provider
(z)
Medical Clinic
(aa)
Office
52
(bb)
Parking Structures and Surface Parking Lots
(cc)
Parks and Playgrounds
(dd)
Personal Service Shop
(ee)
Private Club
(ff)
Public Recreation
(gg)
Public Transportation
(hh)
Recycling Depot
(ii)
Restaurant - Eat-in
(jj)
Restaurant - Take-out
(kk)
Retail Store
(ll)
School - Commercial
(mm) Service and Repair Shop
(nn)
Trails and Conservation
(oo)
Transportation and Logistics
(pp)
Warehousing
(qq)
Water Access
(rr)
Wholesale
(ss)
Workshop
12.2
Permitted Uses with Conditions
12.2.1 The following uses shall be permitted in the Light Industrial Centre (MI)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Home-based Business Level I - Section 6.12
(b)
Home-based Business Level II - Section 6.12
(c)
Kennel - Section 6.18
(d)
Self-storage facilities - Section 6.24
12.3
Permitted Uses by Site Plan Approval
12.3.1 The following uses shall be permitted in the Light Industrial Centre (MI)
Zone by Site Plan Approval subject to the requirements of this By-law:
(a)
Restaurant - Drive-through
53
12.4
Permitted Uses by Development Agreement
12.4.1 The following uses shall be considered in the Light Industrial Centre (MI)
Zone by Development Agreement, subject to the applicable policies in
the Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
12.5
Light Industrial Centre (MI) Zone Development Standards
12.5.1 In the Light Industrial Centre (MI) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
1800 m2
19375.20 ft2
- Unserviced Lot
-
-
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
8 m
26.25 ft
- Accessory Building
8 m
26.25 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
8 m
26.25 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
12.5.2 Notwithstanding the development standards in Subsection 12.5.1, where
a light industrial use in the Light Industrial Centre (MI) Zone abuts a lot
containing a residential use or a residential land use zone and, in the
opinion of the Development Officer, has the potential to create nuisances
for neighbouring uses, the Development Officer may increase rear and
side yard setbacks to 15.24 metres (50 feet).
54
13 Hamlet Residential (HR) Zone
13.1
Permitted Uses
13.1.1 The following uses shall be permitted in the Hamlet Residential (HR)
Zone subject to the requirements of this By-law:
(a)
Accommodations - up to 3 rental units per lot
(b)
Agricultural Uses
(c)
Boarding (Rooming) House - up to 4 sleeping units per lot
(d)
Cemetery
(e)
Community Centre
(f)
Dwelling - up to 4 dwelling units per lot
(g)
Fishery Related Uses
(h)
Forestry Related Uses
(i)
Government Uses
(j)
Medical Clinic
(k)
Nursing Home
(l)
Parks and Playgrounds
(m)
Place of Worship
(n)
Private Club
(o)
Public Recreation
(p)
Residential Care Facility
(q)
School - Academic
(r)
Small Options Home
(s)
Trails and Conservation
(t)
Water Access
55
13.2
Permitted Uses with Conditions
13.2.1 The following uses shall be permitted in the Hamlet Residential (HR)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Home-based Business Level I - Section 6.12
(c)
Home-based Business Level II - Section 6.12
(d)
Solar Collector Systems - Large-scale - Section 6.27
(e)
Storage Building - Section 6.29
13.3
Permitted Uses by Site Plan Approval
13.3.1 The following uses shall be permitted in the Hamlet Residential (HR)
Zone by Site Plan Approval subject to the requirements of this By-law:
(a)
Dwelling - 5 to 6 dwelling units per lot
(b)
Boarding (Rooming) House - 5 to 6 sleeping units per lot
13.4
Permitted Uses by Development Agreement
13.4.1 The following uses shall be considered in the Hamlet Residential (HR)
Zone by Development Agreement, subject to the applicable policies in
the Municipal Planning Strategy:
(a)
Accommodations as Home-based Business with 6 or more units
- MPS Policy 4-38
(b)
Energy Generation Systems - MPS Policy 5-56
56
13.5
Hamlet Residential (HR) Zone Development Standards
13.5.1 In the Hamlet Residential (HR) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
-
-
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
10 m
32.81 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
3 m
9.84 ft
- Accessory Building
3 m
9.84 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
3 m
9.84 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
57
14 Hamlet Core (HC) Zone
14.1
Permitted Uses
14.1.1 The following uses shall be permitted in the Hamlet Core (HC) Zone
subject to the requirements of this By-law:
(a)
Accommodations
(b)
Agricultural Uses
(c)
Animal Care
(d)
Automobile Body Shop
(e)
Automobile Repair
(f)
Automobile Service Station
(g)
Automobile Washing
(h)
Banks and Financial Institutions
(i)
Boarding (Rooming) House - up to 6 sleeping units per lot
(j)
Building Supply and Equipment Depot
(k)
Cemetery
(l)
Commercial Recreation - Indoor
(m)
Commercial Recreation - Outdoor
(n)
Community Centre
(o)
Craft Food and Beverage Production
(p)
Cultural Facilities
(q)
Daycare Centre
(r)
Drinking Establishment
(s)
Dwelling - up to 6 dwelling units per lot
(t)
Electric Vehicle Charging - as a main use
(u)
Emergency Services
(v)
Farmers' Market
(w)
Fishery Related Uses
(x)
Forestry Related Uses
(y)
Funeral Home
(z)
Government Uses
(aa)
Hospital
58
(bb)
Interpretive Centre
(cc)
Marina
(dd)
Marine Recreation Providers
(ee)
Medical Clinic
(ff)
Nursing Home
(gg)
Office
(hh)
Parking Structures and Surface Parking Lots
(ii)
Parks and Playgrounds
(jj)
Personal Service Shop
(kk)
Place of Worship
(ll)
Private Club
(mm) Public Recreation
(nn)
Public Transportation
(oo)
Recycling Depot
(pp)
Residential Care Facility
(qq)
Restaurant - Eat-in
(rr)
Restaurant - Take-out
(ss)
Retail Store
(tt)
School - Academic
(uu)
School - Commercial
(vv)
School - Post-secondary
(ww) Service and Repair Shop
(xx)
Small Options Home
(yy)
Trails and Conservation
(zz)
Transportation and Logistics
(aaa) Warehousing
(bbb) Water Access
(ccc) Wholesale
(ddd) Workshop
14.2
Permitted Uses with Conditions
14.2.1 The following uses shall be permitted in the Hamlet Core (HC) Zone
subject to the requirements of this By-law and any conditions noted:
59
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
(d)
Kennel - Section 6.18
(e)
Light Industrial - Section 14.6
(f)
Self-Storage Facilities - Section 6.24
(g)
Solar Collector Systems - Large-scale - Section 6.27
(h)
Storage Building - Section 6.29
14.3
Permitted Uses by Site Plan Approval
14.3.1 The following uses shall be permitted in the Hamlet Core (HC) Zone by
Site Plan Approval subject to the requirements of this By-law:
(a)
Automobile Sales
(b)
Boarding (Rooming) Houses - over 6 sleeping units per lot
(c)
Dwelling - over 6 dwelling units per lot
(d)
Restaurants - Drive-through
14.4
Permitted Uses by Development Agreement
14.4.1 The following uses shall be considered in the Hamlet Core (HC) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
60
14.5
Hamlet Core (HC) Zone Development Standards
14.5.1 In the Hamlet Core (HC) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
-
-
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
10 m
32.81 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
3 m
9.84 ft
- Accessory Building
3 m
9.84 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
3 m
9.84 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
14.6
Light Industrial Uses in the Hamlet Core (HC) Zone
14.6.1 Within the Hamlet Core (HC) Zone, light industrial uses may be permitted
up to 500.0 square metres (5,381.95 square feet) in gross floor area.
61
15 Rural General (RG) Zone
15.1
Permitted Uses
15.1.1 The following uses shall be permitted in Rural General (RG) Zone subject
to the requirements of this By-law:
(a)
Accommodations - up to 3 rental units per lot
(b)
Agricultural Uses
(c)
Animal Care
(d)
Automobile Body Shop
(e)
Automobile Repair
(f)
Automobile Washing
(g)
Boarding (Rooming) House - up to 4 sleeping units per lot
(h)
Building Supply and Equipment Depots
(i)
Cemetery
(j)
Commercial Recreation - Outdoor
(k)
Community Centre
(l)
Convenience Store
(m)
Craft Food and Beverage Production
(n)
Cultural Facilities
(o)
Daycare Centre
(p)
Dwelling - up to 4 dwelling units per lot
(q)
Electric Vehicle Charging - as a main use
(r)
Emergency Services
(s)
Farmers' Market
(t)
Fishery Related Uses
(u)
Forestry Related Uses
(v)
Funeral Home
(w)
Government Uses
(x)
Interpretive Centre
(y)
Marina
(z)
Medical Clinic
(aa)
Nursing Home
62
(bb)
Office
(cc)
Parking Structures and Surface Parking Lots
(dd)
Parks and Playgrounds
(ee)
Personal Service Shop
(ff)
Place of Worship
(gg)
Private Club
(hh)
Public Recreation
(ii)
Public Transportation
(jj)
Residential Care Facility
(kk)
Restaurant - Eat-in
(ll)
Restaurant - Take-out
(mm) School - Academic
(nn)
Service and Repair Shop
(oo)
Small Options Home
(pp)
Solar Collector Systems - Large-scale
(qq)
Trails and Conservation
(rr)
Water Access
(ss)
Workshop
15.2
Permitted Uses with Conditions
15.2.1 The following uses shall be permitted in the Rural General (RG) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
(d)
Kennel - Section 6.18
(e)
Retail Stores - Section 15.5
(f)
Storage Building - Section 6.29
63
15.3
Permitted Uses by Development Agreement
15.3.1 The following uses shall be considered in the Rural General (RG) Zone
by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Accommodations as Home-based Business with 6 or more
units - MPS Policy 4-8
(b)
Energy Generation Systems - MPS Policy 5-56
15.4
Rural General (RG) Zone Development Standards
15.4.1 In the Rural General (RG) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
-
-
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
15.5
Retail Stores Uses in the Rural General (RG) Zone
15.5.1 Within the Rural General (RG) Zone, retail stores may be permitted up to
250.0 square metres (2,690.98 square feet) in gross floor area
64
16 Rural Commercial (RC) Zone
16.1
Permitted Uses
16.1.1 The following uses shall be permitted in Rural Commercial (RC) Zone
subject to the requirements of this By-law:
(a)
Accommodations
(b)
Agricultural Uses
(c)
Animal Care
(d)
Automobile Body Shop
(e)
Automobile Repair
(f)
Automobile Sales
(g)
Automobile Service Station
(h)
Automobile Washing
(i)
Banks and Financial Institutions
(j)
Boarding (Rooming) House - up to 6 sleeping units per lot
(k)
Building Supply and Equipment Depot
(l)
Cemetery
(m)
Commercial Recreation - Indoor
(n)
Commercial Recreation - Outdoor
(o)
Convenience Store
(p)
Community Centre
(q)
Craft Food and Beverage Production
(r)
Cultural Facilities
(s)
Daycare Centre
(t)
Drinking Establishment
(u)
Dwelling - up to 6 dwelling units per lot
(v)
Electric Vehicle Charging - as a main use
(w)
Emergency Services
(x)
Farmers' Market
(y)
Fishery Related Uses
(z)
Forestry Related Uses
(aa)
Funeral Home
65
(bb)
Government Uses
(cc)
Interpretive Centres
(dd)
Marina
(ee)
Medical Clinic
(ff)
Nursing Home
(gg)
Office
(hh)
Parking Structures and Surface Parking Lots
(ii)
Parks and Playgrounds
(jj)
Personal Service Shop
(kk)
Place of Worship
(ll)
Private Clubs
(mm) Public Recreation
(nn)
Public Transportation
(oo)
Recycling Depot
(pp)
Residential Care Facility
(qq)
Restaurant - Eat-in
(rr)
Restaurant - Take-out
(ss)
Retail Store
(tt)
School - Academic
(uu)
School - Commercial
(vv)
Service and Repair Shop
(ww) Small Options Home
(xx)
Solar Collector Systems - Large-scale
(yy)
Trails and Conservation
(zz)
Transportation and Logistics
(aaa) Warehousing
(bbb) Water Access
(ccc) Wholesale
(ddd) Workshop
66
16.2
Permitted Uses with Conditions
16.2.1 The following uses shall be permitted in the Rural Commercial (RC) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
(d)
Kennel - Section 6.18
(e)
Light Industrial - Section 16.6
(f)
Self-Storage Facilities - Section 6.24
(g)
Storage Building - Section 6.29
16.3
Permitted Uses by Site Plan Approval
16.3.1 The following uses shall be permitted in the Rural Commercial (RC) Zone
by Site Plan Approval subject to the requirements of this By-law:
(a)
Boarding (Rooming) Houses - 7 to 12 sleeping units per lot
(b)
Dwelling - 7 to 12 dwelling units per lot
(c)
Restaurant - Drive-through
16.4
Permitted Uses by Development Agreement
16.4.1 The following uses shall be considered in the Rural Commercial (RC)
Zone by Development Agreement, subject to the applicable policies in
the Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
67
16.5
Rural Commercial (RC) Zone Development Standards
16.5.1 In the Rural Commercial (RC) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
-
-
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
16.6
Light Industrial Uses in the Rural Commercial (RC) Zone
16.6.1 Within the Rural Commercial (RC) Zone, light industrial uses may be
permitted up to 500.0 square metres (5,381.96 square feet) in gross floor
area.
68
17 Rural Industrial (RM) Zone
17.1
Permitted Uses
17.1.1 The following uses shall be permitted in Rural Industrial (RM) Zone
subject to the requirements of this By-law:
(a)
Aggregate Related Industries
(b)
Agricultural Uses
(c)
Automobile Body Shop
(d)
Automobile Repair
(e)
Automobile Sales
(f)
Automobile Service Station
(g)
Automobile Washing
(h)
Building Supply and Equipment Depot
(i)
Craft Food and Beverage Production
(j)
Electric Vehicle Charging - as a main use
(k)
Emergency Services
(l)
Farmers' Market
(m)
Fishery Related Uses
(n)
Forestry Related Uses
(o)
Funeral Home
(p)
Government Uses
(q)
Light Industrial Uses
(r)
Office
(s)
Parking Structures and Surface Parking Lots
(t)
Parks and Playgrounds
(u)
Place of Worship
(v)
Public Recreation
(w)
Public Transportation
(x)
Recycling Depot
(y)
School - Commercial
(z)
Service and Repair Shop
(aa)
Solar Collector Systems - Large-scale
69
(bb)
Trails and Conservation
(cc)
Transportation and Logistics
(dd)
Warehousing
(ee)
Water Access
(ff)
Wholesale
(gg)
Workshop
17.2
Permitted Uses with Conditions
17.2.1 The following uses shall be permitted in the Rural Industrial (RM) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Kennel - Section 6.18
(b)
Self-Storage Facilities - Section 6.24
17.3
Permitted Uses by Site Plan Approval
17.3.1 The following uses shall be permitted in the Rural Industrial (RM) Zone
by Site Plan Approval subject to the requirements of this By-law:
(a)
Scrap Yard
17.4
Permitted Uses by Development Agreement
17.4.1 The following uses shall be considered in the Rural Industrial (RM) Zone
by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
(b)
Heavy Industrial - on lots larger than 10,000 m2 - MPS Policy 4-
21
(c)
Solid Waste Disposal Facilities - MPS Policy 5-36
70
17.5
Rural Industrial (RM) Zone Development Standards
17.5.1 In the Rural Industrial (RM) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
-
-
- Unserviced Lot
3,700 m2
39826.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
8 m
26.25 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
71
18 Agriculture Potential (AP) Zone
18.1
Permitted Uses
18.1.1 The following uses shall be permitted in Agriculture Potential (AP) Zone
subject to the requirements of this By-law:
(a)
Accommodations - up to 3 rental units per lot
(b)
Agricultural Uses
(c)
Animal Care
(d)
Boarding (Rooming) House - up to 6 sleeping units per lot
(e)
Community Centre
(f)
Convenience Store
(g)
Craft Food and Beverage Production
(h)
Cultural Facilities
(i)
Daycare
(j)
Dwelling - up to 3 dwelling units per lot
(k)
Emergency Services
(l)
Farmers' Market
(m)
Fishery Related Uses
(n)
Forestry Related Uses
(o)
Government Uses
(p)
Interpretive Centres
(q)
Medical Clinic
(r)
Office
(s)
Parks and Playgrounds
(t)
Place of Worship
(u)
Public Recreation
(v)
Restaurant - Eat-in
(w)
Restaurant - Take-out
(x)
School - Academic
(y)
Service and Repair Shop
(z)
Small Options Home
(aa)
Trails and Conservation
(bb)
Water Access
(cc)
Workshop
72
18.2
Permitted Uses with Conditions
18.2.1 The following uses shall be permitted in the Agriculture Potential (AP)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
(d)
Kennel - Section 6.18
(e)
Retail Stores - Section 18.5
(f)
Storage Building - Section 6.29
18.3
Permitted Uses by Development Agreement
18.3.1 The following uses shall be considered in the Agriculture Potential (AP)
Zone by Development Agreement, subject to the applicable policies in
the Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
18.4
Agriculture Potential (AP) Zone Development Standards
18.4.1 In the Agriculture Potential (AP) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
-
-
- Unserviced Lot
3,700 m2
39826.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
73
18.5
Retail Stores Uses in the Agriculture Potential (AP) Zone
18.5.1 Within the Agriculture Potential (AP) Zone, retail stores may be permitted
up to 250.0 square metres (2,690.98 square feet) in gross floor area
74
19 Lakeshore (RL) Zone
19.1
Permitted Uses
19.1.1 The following uses shall be permitted in Lakeshore (RL) Zone subject to
the requirements of this By-law:
(a)
Accommodations - up to 3 rental units per lot
(b)
Agricultural Uses
(c)
Commercial Recreation - Outdoor
(d)
Community Centre
(e)
Convenience Store
(f)
Dwellings - up to 3 dwelling units per lot
(g)
Government Uses
(h)
Interpretive Centre
(i)
Marina
(j)
Marine Recreation Providers
(k)
Parks and Playgrounds
(l)
Place of Worship
(m)
Public Recreation
(n)
Small Options Home
(o)
Trails and Conservation
(p)
Water Access
19.2
Permitted Uses with Conditions
19.2.1 The following uses shall be permitted in the Lakeshore (RL) Zone subject
to the requirements of this By-law and any conditions noted:
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
(d)
Retail Store - Section 19.5
(e)
Storage Building - Section 6.29
75
19.3
Permitted Uses by Development Agreement
19.3.1 The following uses shall be considered in the Lakeshore (RL) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
19.4
Lakeshore (RL) Zone Development Standards
19.4.1 In the Lakeshore (RL) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
-
-
- Unserviced Lot
9,290.25 m2
100000.25 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage
Setback
4 m
13.12 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
15.24 m
50.00 ft
- Accessory Building
15.24 m
50.00 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
19.5
Retail Stores Uses in the Lakeshore (RL) Zone
19.5.1 Within the Lakeshore (RL) Zone, retail stores may be permitted up to
250.0 square metres (2,690.98 square feet) in gross floor area.
76
20 Fishing (RF) Zone
20.1
Permitted Uses
20.1.1 The following uses shall be permitted in Fishing (RF) Zone subject to the
requirements of this By-law:
(a)
Agricultural Uses
(b)
Community Centre
(c)
Convenience Store
(d)
Craft Food and Beverage Production
(e)
Cultural Facilities
(f)
Farmers' Market
(g)
Fishery Related Uses
(h)
Government Uses
(i)
Interpretive Centre
(j)
Light Industrial Uses
(k)
Marina
(l)
Marine Recreation Providers
(m)
Parking Structures and Surface Parking Lots
(n)
Parks and Playgrounds
(o)
Place of Worship
(p)
Private Club
(q)
Public Recreation
(r)
Restaurant - Eat-in
(s)
Restaurant - Take-out
(t)
Trails and Conservation
(u)
Warehousing
(v)
Water Access
(w)
Workshop
77
20.2
Permitted Uses with Conditions
20.2.1 The following uses shall be permitted in the Fishing (RF) Zone subject to
the requirements of this By-law and any conditions noted:
(a)
Accessory Agriculture - Section 6.29
20.3
Permitted Uses by Development Agreement
20.3.1 The following uses shall be considered in the Fishing (RF) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
20.4
Fishing (RF) Zone Development Standards
20.4.1 In the Fishing (RF) Zone, no development permit shall be issued except
in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
-
-
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
0 m
0.00 ft
Minimum Side Setback
- Main Building
0 m
0.00 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
0 m
0.00 ft
- Accessory Building
12 m
39.37 ft
Maximum Building Height
- Main Building
20 m
65.62 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
78
21 Parks and Open Space (PO) Zone
21.1
Permitted Uses
21.1.1 The following uses shall be permitted in Parks and Open Space (PO)
Zone subject to the requirements of this By-law:
(a)
Cemetery
(b)
Community Centre
(c)
Cultural Facilities
(d)
Farmers' Market
(e)
Government Uses
(f)
Interpretive Centre
(g)
Marine Recreation Providers
(h)
Parking Structures and Surface Parking Lots
(i)
Parks and Playgrounds
(j)
Public Recreation
(k)
Trails and Conservation
(l)
Water Access
21.2
Permitted Uses with Conditions
21.2.1 The following uses shall be permitted in the Parks and Open Space (PO)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Restaurants - Take-out - Section 21.5
21.3
Permitted Uses by Development Agreement
21.3.1 The following uses shall be considered in the Parks and Open Space
(PO) Zone by Development Agreement, subject to the applicable policies
in the Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
79
21.4
Parks and Open Space (PO) Zone Development Standards
21.4.1 In the Parks and Open Space (PO) Zone, no development permit shall
be issued except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
2,700 m2
29062.80 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
6 m
19.69 ft
Minimum Side Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
21.5
Special Requirements - Take-out Restaurants
21.5.1 Take-out restaurants in the Parks and Open Space (PO) Zone shall be
limited to a gross floor area of 20.0 square metres (215.27 square feet).
80
22 Highway Commercial (HWY) Zone
22.1
Permitted Uses
22.1.1 The following uses shall be permitted in Highway Commercial (HWY)
Zone subject to the requirements of this By-law:
(a)
Accommodations
(b)
Automobile Body Shop
(c)
Automobile Repair
(d)
Automobile Sales
(e)
Automobile Service Station
(f)
Automobile Washing
(g)
Banks and Financial Institutions
(h)
Commercial Recreation - Indoor
(i)
Commercial Recreation - Outdoor
(j)
Community Centre
(k)
Convenience Store
(l)
Cultural Facilities
(m)
Electric Vehicle Charging - as a main use
(n)
Emergency Services
(o)
Farmers' Market
(p)
Government Uses
(q)
Interpretive Centre
(r)
Light Industrial Uses
(s)
Medical Clinic
(t)
Parking Structures and Surface Parking Lots
(u)
Parks and Playgrounds
(v)
Place of Worship
(w)
Private Club
(x)
Public Recreation
(y)
Public Transportation
(z)
Restaurant - Drive-through
(aa)
Restaurant - Eat-in
81
(bb)
Restaurant - Take-out
(cc)
Retail Store
(dd)
Trails and Conservation
(ee)
Transportation and Logistics
(ff)
Warehousing
(gg)
Water Access
(hh)
Wholesale
22.2
Permitted Uses with Conditions
22.2.1 The following uses shall be permitted in the Highway Commercial (HWY)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Self-Storage Facilities - Section 6.24
22.3
Permitted Uses by Development Agreement
22.3.1 The following uses shall be considered in the Highway Commercial
(HWY) Zone by Development Agreement, subject to the applicable
policies in the Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
82
22.4
Highway Commercial (HWY) Zone Development Standards
22.4.1 In the Highway Commercial (HWY) Zone, no development permit shall
be issued except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
925 m2
9956.70 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
83
23 Commercial Recreation (CR) Zone
23.1
Permitted Uses
23.1.1 The following uses shall be permitted in Commercial Recreation (CR)
Zone subject to the requirements of this By-law:
(a)
Accommodations
(b)
Boarding (Rooming) House - up to 12 sleeping units per lot
(c)
Commercial Recreation - Indoor
(d)
Commercial Recreation - Outdoor
(e)
Community Centre
(f)
Cultural Facilities
(g)
Daycare Centre
(h)
Drinking Establishment
(i)
Dwelling - up to 12 dwelling units per lot
(j)
Farmers' Market
(k)
Government Uses
(l)
Interpretive Centre
(m)
Marina
(n)
Marine Recreation Providers
(o)
Parking Structures and Surface Parking Lots
(p)
Parks and Playgrounds
(q)
Private Club
(r)
Public Recreation
(s)
Public Transportation
(t)
Restaurant - Eat-in
(u)
Restaurant - Take-out
(v)
Retail Store
(w)
Small Options Home
(x)
Trails and Conservation
(y)
Water Access
(z)
Workshop
84
23.2
Permitted Uses with Conditions
23.2.1 The following uses shall be permitted in the Commercial Recreation (CR)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agriculture Uses - Section 6.29
(b)
Storage Building - Section 6.29
23.3
Permitted Uses by Site Plan Approval
23.3.1 The following uses shall be permitted in the Commercial Recreation (CR)
Zone by Site Plan Approval subject to the requirements of this By-law:
(a)
Campgrounds
23.4
Permitted Uses by Development Agreement
23.4.1 The following uses shall be considered in the Commercial Recreation
(CR) Zone by Development Agreement, subject to the applicable policies
in the Municipal Planning Strategy:
(a)
Boarding (Rooming) House - over 12 sleeping units per lot -
MPS Policy 4-98
(b)
Dwelling - over 12 dwelling units per lot - MPS Policy 4-98
(c)
Energy Generation Systems - MPS Policy 5-56
(d)
Racetracks - on lots larger than 10,000 m2 - MPS Policy 4-97
(e)
Shooting Range - on lots larger than 10,000 m2 - MPS Policy 4-
97
85
23.5
Commercial Recreation (CR) Zone Development
Standards
23.5.1 In the Commercial Recreation (CR) Zone, no development permit shall
be issued except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
2,700 m2
29062.80 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
86
24 Institutional (I) Zone
24.1
Permitted Uses
24.1.1 The following uses shall be permitted in Institutional (I) Zone subject to
the requirements of this By-law:
(a)
Agricultural Uses
(b)
Cemetery
(c)
Community Centre
(d)
Cultural Facilities
(e)
Daycare Centre
(f)
Dwellings
(g)
Emergency Services
(h)
Farmers' Market
(i)
Funeral Home
(j)
Government Uses
(k)
Hospital
(l)
Interpretive Centres
(m)
Medical Clinic
(n)
Nursing Home
(o)
Office
(p)
Parking Structures and Surface Parking Lots
(q)
Parks and Playgrounds
(r)
Place of Worship
(s)
Private Club
(t)
Public Recreation
(u)
Public Transportation
(v)
Residential Care Facility
(w)
School - Academic
(x)
School - Commercial
(y)
School - Post-secondary
(z)
Small Options Home
(aa)
Solar Collector Systems - Large-scale
87
(bb)
Trails and Conservation
(cc)
Water Access
24.2
Permitted Uses with Conditions
24.2.1 The following uses shall be permitted in the Institutional (I) Zone subject
to the requirements of this bylaw and any conditions noted:
(a)
Accessory Agriculture Uses - Section 6.29
24.3
Permitted Uses by Development Agreement
24.3.1 The following uses shall be considered in the Institutional (I) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
24.4
Institutional (I) Zone Development Standards
24.4.1 In the Institutional (I) Zone, no development permit shall be issued except
in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
925 m2
9956.70 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
3 m
9.84 ft
- Accessory Building
3 m
9.84 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
88
25 Source Water Protection 1 (WP1) Zone
25.1
Permitted Uses
25.1.1 The following uses shall be permitted in Source Water Protection 1
(WP1) Zone subject to the requirements of this By-law:
(a)
Government Uses
(b)
Parks and Playgrounds
(c)
Public Recreation
(d)
Trails and Conservation
(e)
Water Access
25.2
Permitted Uses by Development Agreement
25.2.1 The following uses shall be considered in the Source Water Protection 1
(WP1) Zone by Development Agreement, subject to the applicable
policies in the Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
25.3
Source Water Protection 1 (WP1) Zone Development
Standards
25.3.1 In the Source Water Protection 1 (WP1) Zone, no development permit
shall be issued except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
0 m2
0.00 ft2
- Unserviced Lot
0 m2
0.00 ft2
Minimum Lot Frontage
0 m
0.00 ft
Minimum Front/Flankage Setback
0 m
0.00 ft
Minimum Side Setback
- Main Building
0 m
0.00 ft
- Accessory Building
0 m
0.00 ft
Minimum Rear Setback
- Main Building
0 m
0.00 ft
- Accessory Building
0 m
0.00 ft
Maximum Building Height
- Main Building
-
-
- Accessory Building
-
-
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
89
26 Source Water Protection 2 (WP2) Zone
26.1
Permitted Uses
26.1.1 The following uses shall be permitted in Source Water Protection 2
(WP2) Zone subject to the requirements of this By-law:
(a)
Forestry uses - excluding buildings or structures
(b)
Dwelling - up to 1 dwelling unit per lot
(c)
Government Uses
(d)
Parks and Playgrounds
(e)
Public Recreation - excluding buildings or structures
(f)
Trails and Conservation
(g)
Water Access
26.2
Permitted Uses by Development Agreement
26.2.1 The following uses shall be considered in the Source Water Protection 2
(WP2) Zone by Development Agreement, subject to the applicable
policies in the Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
90
26.3
Source Water Protection 2 (WP2) Zone Development
Standards
26.3.1 In the Source Water Protection 2 (WP2) Zone, no development permit
shall be issued except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
929.03 m2
10000.08 ft2
- Unserviced Lot
40,468.6 m2
435604.01 ft2
Minimum Lot Frontage
- Serviced Lot
22.86 m
75.00 ft
- Unserviced Lot
152.4 m
500.00 ft
Minimum Front/Flankage Setback
- Serviced Lot
6.09 m
19.98 ft
- Unserviced Lot
15.24 m
50.00 ft
Minimum Side Setback (Main Building
and Accessory Building)
- Serviced Lot
6.09 m
19.98 ft
- Unserviced Lot
15.24 m
50.00 ft
Minimum Rear Setback (Main Building
and Accessory Building)
- Serviced Lot
6 m
19.69 ft
- Unserviced Lot
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
91
27 Conservation (C) Zone
27.1
Permitted Uses
27.1.1 The following uses shall be permitted in Conservation (C) Zone subject to
the requirements of this By-law:
(a)
Interpretive Centre
(b)
Parks and Playgrounds
(c)
Public Recreation
(d)
Trails and Conservation
(e)
Water Access
27.2
Permitted Uses by Development Agreement
27.2.1 The following uses shall be considered in the Conservation (C) Zone by
Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Energy Generation Systems - MPS Policy 5-56
27.3
Conservation (C) Zone Development Standards
27.3.1 In the Conservation (C) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area*
- Serviced Lot
0 m2
0.00 ft2
- Unserviced Lot
0 m2
0.00 ft2
Minimum Lot Frontage
0 m
0.00 ft
Minimum Front/Flankage Setback
0 m
0.00 ft
Minimum Side Setback
- Main Building
0 m
0.00 ft
- Accessory Building
0 m
0.00 ft
Minimum Rear Setback
- Main Building
0 m
0.00 ft
- Accessory Building
0 m
0.00 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
*Minimum lot sizes and some elements relating to configuration are also dependent upon approval by the
Provincial Department of Environment and Climate Change and in some instances, by the Provincial
Department of Transportation and Public Works. In cases of discrepancy, the more stringent
requirements shall apply.
92
28 Comprehensive Development District (CDD) Zone
28.1
Permitted Uses
28.1.1 The following uses shall be permitted in Comprehensive Development
District (CDD) Zone subject to the requirements of this By-law:
(a)
Dwellings - Existing
28.2
Permitted Uses by Development Agreement
28.2.1 Uses within the Comprehensive Development District Zone shall be
permitted only by Development Agreement subject to the applicable
policies in the Municipal Planning Strategy.
Minimum Front/Flankage Setback
Per DA
Per DA
Maximum Front/Flankage Setback
Per DA
Per DA
Minimum Side Setback
- Main Building
Per DA
Per DA
- Accessory Building
Per DA
Per DA
Minimum Rear Setback
- Main Building
Per DA
Per DA
- Accessory Building
Per DA
Per DA
Maximum Building Height
- Main Building
Per DA
Per DA
- Accessory Building
Per DA
Per DA
93
29 Site Plan Approval
29.1
Introduction to Approval Criteria
29.1.1 This Part contains criteria to be considered in addition to all other
requirements of this By-law when approving development through the
site plan approval process.
29.1.2 Site Plans Approvals under this document are intended to be applied in a
flexible manner through a negotiated process between the applicant and
the Development Officer.
29.1.3 Development shall reasonably meet all site planning criteria of the
following sections, as they apply to certain types of development.
29.1.4 The Development Officer may waive the requirement for compliance with
certain criteria if they are deemed irrelevant for the quality of the resulting
development in the particular context of the application for Site Plan
Approval.
94
29.2
Residential Site Plan Approval
29.2.1 Where a zone permits dwellings or boarding houses by site plan
approval, the Development Officer shall approve a site plan where the
requirements of this Land Use By-law and the matters of Section 29.2
have been addressed.
Planting, Landscaping and Adverse Effect Mitigation
29.2.2 Landscaping, fencing or similar visual barriers shall be provided around
structures, parking, open storage areas, and waste management facilities
to minimize visual impacts and privacy intrusion on surrounding
residential properties to a reasonable extent.
29.2.3 Where possible, vegetation on-site shall be retained and incorporated
into the site landscaping, particularly for the protection of environmentally
sensitive or significant areas.
29.2.4 Mature trees on the lot shall be preserved whenever possible.
29.2.5 Stormwater run-off from parking areas and other impervious surfaces
shall be addressed.
29.2.6 Where on-site septic systems are employed, potential run-off on
neighbouring properties shall be addressed.
Movement Through the Site
29.2.7 Where a sidewalk, trail or similar walking paths are available abutting the
subject property, the primary entrance(s) of all dwelling units shall be
connected to such walking paths by means of a barrier-free (accessible)
pedestrian walkway at least 1.5 metres (4.92 feet) in width and paved
with asphalt, concrete, bricks, or interlocking pavers.
29.2.8 Other pedestrian walkways shall be clearly delineated on the property
and allow for efficient movement throughout the site.
29.2.9 Vehicle access and egress to and from the property shall be clearly
demarcated and designed with pedestrian safety in mind. The
driveway(s) shall not measure more than 3.0 metres (9.84 feet) in width
for single-lane and 6.0 metres (19.68 feet) in width for double-lane
driveways. Where more than one driveway on a public road is sought,
the driveway accesses shall be approved by the government having
authority over that road.
29.2.10 Vehicle circulation on-site shall be designed to support efficient
movement, enable emergency service access and avoid obvious points
of conflict.
95
29.3
Automobile Shop and Drive-through Site Plan Approval
29.3.1 Where a zone permits automobile service stations, automobile washing,
automobile repair, automobile sales or drive-through restaurants by site
plan approval, the Development Officer shall approve a site plan where
the requirements of this Land Use By-law and the matters Section 29.3
have been addressed.
Planting, Landscaping and Adverse Effect Mitigation
29.3.2 Landscaping, fencing or similar visual barriers shall be provided around
vehicle queuing areas, sales windows, parking, open storage areas, and
waste management facilities to minimize visual impacts on/for
neighbouring properties.
29.3.3 Where possible, vegetation on-site shall be retained and incorporated
into the site landscaping, particularly for the protection of environmentally
sensitive or significant areas.
29.3.4 Stormwater run-off from parking areas and other impervious surfaces
shall be addressed.
29.3.5 Where on-site septic systems are employed, potential run-off on
neighbouring properties shall be addressed.
29.3.6 Outdoor storage shall not be permitted in the front and flankage yards.
Movement Through the Site
29.3.7 Where a sidewalk, trail or similar walking paths are abutting the subject
site, the primary entrance to the business shall be connected to such
walking paths by means of a barrier-free (accessible) pedestrian walkway
at least 1.5 metres (4.92 feet) in width and paved with asphalt, concrete,
bricks, or interlocking pavers.
29.3.8 Other pedestrian walkways shall be clearly delineated on the property
and allow for efficient movement throughout the site.
29.3.9 Vehicle access and egress to and from the property is clearly
demarcated and designed with pedestrian safety in mind. The
driveway(s) do not measure more than 3.0 metres (9.84 feet) in width for
single-lane and 6.0 metres (19.68 feet) in width for double-lane
driveways. Where more than one driveway on a public road is sought,
the driveway accesses shall be approved by the government having
authority over that road.
29.3.10 Vehicle circulation on-site shall be designed to support efficient
movement, enable emergency service access and avoid obvious points
of conflict.
29.3.11 Required parking areas shall be located at the side or rear of any new
building.
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Location of New Structures
29.3.12 The main buildings shall have a primary facade and a public entrance
facing the street.
29.3.13 New structures shall be located in a manner to be optimally separated
from developments on adjacent lots to minimize negative impacts
including lighting, fumes, or other nuisances deemed relevant by the
Development Officer.
Drive-through Specific Requirements
29.3.14 When a drive-through service or drive-through restaurant abuts a
property with existing dwellings, any intercoms, speakers, and service
windows shall be located in a manner so as to best direct noise away
from neighbouring dwellings.
29.3.15 Stacking lanes of drive-throughs shall not be located between the front
lot line and the main building.
29.3.16 Entrances to drive-through stacking lanes shall be configured as to
minimize conflict with vehicle access points from the street or on-site
automobile parking.
29.3.17 Stacking lanes shall provide an adequate number of queuing spaces,
determined by a qualified professional, to accommodate peak demand
for the proposed use.
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29.4
Campground Site Plan Approval
29.4.1 Where a zone permits campgrounds by site plan approval, the
Development Officer shall approve a site plan where the requirements of
this Land Use By-law and the matters Section 29.4 have been
addressed.
Campground Layout
29.4.2 Campgrounds shall be designed to avoid undue hazards for traffic
circulation, or create pedestrian hazards.
29.4.3 All building and non-building uses associated with a campground and RV
park, including, but not limited to, campsites, playgrounds, parks,
parking, solid waste, RV pumping stations, roadways, public gathering
areas, washrooms, and outdoor storage, shall be set back a minimum of
15.0 metres (49.21 feet) from all lot lines.
29.4.4 The development shall have adequate emergency service access.
29.4.5 Garbage, recycling, and refuse collection shall be fully enclosed and
concealed, and they shall be available to all users of the campground.
Any containers used for garbage, recycling, and refuse collection shall be
locking or include mechanisms that prevent access by wildlife.
Landscaping and Grading
29.4.6 Where possible, vegetation on site shall be retained and incorporated
into the site landscaping, particularly for the protection of environmentally
sensitive or significant areas and to create buffers along the campground
perimeter.
29.4.7 All areas disturbed by development shall be landscaped.
29.4.8 Measures including lot grading and stormwater management practices
shall be integrated in the site concept to adequately dispose, retain, and
manage stormwater and surface water.
29.4.9 Where on-site septic systems are employed, potential run-off on
neighbouring properties shall be addressed.
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Campsites Spaces
29.4.10 Each campsite shall be clearly delineated on the site plan.
29.4.11 Any fire places wood burning devices shall be located a minimum of 30.0
metres (98.42 feet) from all lot lines.
Movement through the Site
29.4.12 Pedestrian walkways and trails within the camping site shall be clearly
delineated on the plan.
29.4.13 Where a sidewalk, trail or similar active transportation infrastructure are
available abutting the subject site, the on-site paths and trails shall
connect to the external walkways wherever possible.
29.4.14 Vehicle access and egress to and from the campground shall be clearly
demarcated and designed with pedestrian safety in mind. Where more
than one driveway on a public road is sought, the driveway accesses
shall be approved by the government having authority over that road.
29.4.15 Vehicle circulation on-site shall be designed to support efficient
movement, enable emergency service access and avoid obvious points
of conflict.
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29.5
Scrap Yard Site Plan Approval
29.5.1 Where a zone permits scrap yards by site plan approval, the
Development Officer shall approve a site plan where the requirements of
this Land Use By-law and the matters of Section 29.5 have been
addressed.
29.5.2 Landscaped buffers, fencing, or similar visual barriers shall be provided
in all locations where parked vehicles, technical parts, garbage, or other
debris could be otherwise seen from adjacent lots or streets.
29.5.3 Where possible, vegetation on-site shall be retained and incorporated
into the site landscaping, particularly for the protection of environmentally
sensitive or significant areas.is
29.5.4 A detailed stormwater management plan, prepared by a Professional
Engineer or Landscape Architect licensed to practice in Nova Scotia shall
be included within the site plan.
29.5.5 No storage or deposit areas shall be located within 30.0 metres (98.42
feet) from the ordinary high water mark of any watercourse or the ocean.
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29.6
Conversion of a Non-conforming Use
29.6.1 Where a proposal includes the conversion of a non-conforming use to
another non-conforming use by site plan approval, the Development
Officer shall approve a site plan where the requirements of this Land Use
By-law and the matters of Section 29.6 have been addressed.
29.6.2 The Development Officer shall be satisfied the new use, by its nature or
by the conditions placed upon it, is equally or less impactful to the
surrounding area in terms of noise, odour, traffic generation, and
aesthetics than the use it replaces.
29.6.3 The site plan shall control the conversion in a manner that is compatible
with the purpose and permitted uses in the zone. Controls may include,
but are not limited to, enhanced buffering and screening; the positioning,
bulk, and design of buildings and structures; mitigation measures for
noise, dust, and other emissions; the location and design of parking
areas; landscaping; lighting design; and controls on outdoor storage and
display.
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30 Definitions
A
Accessory Agriculture Use means the use of land and structures for agricultural
activities on a hobbyist scale, such as community gardens or small-scale agricultural
activities in conjunction with a dwelling.
Accessory Building means a subordinate building or structure on the same lot as the
main building devoted exclusively to an accessory use, but does not include a building
attached in any way to the main building or a building located completely underground.
Accessory Use means a use subordinate and naturally, customarily, and normally
incidental to and exclusively devoted to a main use of land or main building and located
on the same lot.
Accommodation means the provision of a building, buildings, or part thereof to a single
party or group of the travelling public, for payment or compensation, for a period of 28
days or less, and may include, but is not limited to, tourist facilities such as hotels;
motels; hostels; and entire home, individual room, cottage, cabin, geodesic dome, or
yurt rentals.
Act means, unless otherwise specified, the Municipal Government Act of the Province
of Nova Scotia, as amended.
Agricultural Use means a use of land and buildings for farming, dairying, pasturage,
agriculture, apiculture, floriculture, horticulture and animal husbandry and the necessary
accessory uses for packing, storing, or treating the produce and shall include the use of
buildings and land for the preparation and production of food product meant for animals.
Alter means to change a structural component of a building, or to increase or decrease
the volume of a building or structure.
Animal Care means the use of land, buildings, or structures for the care of animals and
includes veterinary care, grooming, and day care but does not include the breeding of
animals or overnight boarding.
Automobile Body Shop means the use of a building or premises primarily for the
commercial repair of damage to the chassis and shell of an automobile, including major
and minor collision damage, frame and panel straightening, repainting, and refinishing
and similar activity.
Automobile Service Station means the use of building or part thereof 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
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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.
Automobile Repair means the use of a building or part thereof 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.
B
Boarding (Rooming) House means a dwelling in which the proprietor rents out two or
more separate boarding house sleeping units within a dwelling unit but does not include
rooms advertised to the travelling public.
Boarding House Sleeping Unit means a habitable room or rooms that are part of a
boarding house and contain sleeping quarters for the use of tenants which are rented
individually, but do not contain a private washroom and kitchen within the unit.
Building means any structure, whether temporary or permanent, used or built for the
shelter, accommodation, or enclosure of persons, animals, materials, or equipment, but
does not include frames for sheltering crops.
Building Supply and Equipment Depot means the use of buildings or land for the
storage of materials and equipment in support of a building and construction-related
trade such as, but not limited to, carpenters, electricians, masons, landscapers, and
plumbers.
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C
Campground means a plot of ground upon which four or more campsites are located,
established, or maintained for occupancy by camping units as temporary living quarters
for recreation, education, or vacation purposes.
Camping Unit means any tent, trailer, cabin, lean-to, recreation vehicle or similar
structure established or maintained and operated as temporary living quarters for
recreation, education, or vacation purposes.
Cemetery means the use of land 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.
Central Sewer System means a system of piping and plant for the collection,
transportation, and treatment of sewage from multiple lots, of such design and
installation as to satisfy the requirements of all agencies concerned both Provincial and
municipal.
Community Centre means any building or buildings, or any part of any buildings used
for community activities whether used for commercial purposes or not, the control of
which is vested in the Municipality, a local board or agent thereof, or a non-profit
organization.
Commercial Recreation, Indoor means any land use that offers active or passive
recreation for monetary gain for the operator of the site and includes but is not limited to
cinemas, concert and performance halls, spectator venues, game rooms, escape
rooms, bowling alleys, and indoor paintball fields.
Commercial Recreation, Outdoor means any land use that offers active or passive
recreation for monetary gain for the operator of the site and includes but is not limited to
ski hills, golf courses, gondolas, equestrian centres, and archery ranges, but shall not
include shooting ranges and race tracks.
Corner Vision Triangle means that part of a corner lot adjacent to the intersection of
the exterior lot lines measured from such intersection a distance of 2.0 metres along
each such street line and joining such points with a straight line. The triangular shaped
land between the intersecting lines and the straight line joining the points the required
distance along the street lines shall be known as the 'corner vision triangle'.
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Craft Food and Beverage Production means the use of a building or part thereof to
produce:
(a)
specialized food products intended for retail sale;
(b)
not more than 150,000 hectolitres of beer, wine, mead, premixed cocktails,
kombucha, or non-alcoholic beverages in a year;
(c)
or not more than 75,000 litres of distilled spirits in a year; and may include
public tasting and retail sales of the product but does not include a restaurant or
drinking establishment unless those uses are permitted as a main use in the
applicable use zone.
Council means the Council of the Municipality of the County of Richmond.
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, performance arts theatres, visual arts centres,
and other similar uses.
D
Day Care Centre means the use of a building or part thereof for the care of people
without overnight accommodation, but does not include a school.
Development means the erection, construction, alteration, replacement, or relocation of
or addition to, any structure and any change or alteration in the use made of land or
structures.
Development Agreement means an agreement between a land owner and the
municipality as enabled and regulated by the Municipal Government Act.
Development Officer means the officer of the Municipality of the County of Richmond
with the duty of administering the provisions of the Land Use By-law as appointed by
Council.
Drinking Establishment means premises that serve alcoholic beverages with or
without food.
Dwelling means a building occupied or capable of being occupied as a home,
residence or sleeping place by one or more persons, containing one or more dwelling
units, but shall not include a hotel, a motel, or a travel trailer.
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Dwelling Unit means one or more habitable rooms intended for use by one household
or more individuals as an independent and separate housekeeping establishment. A
dwelling unit shall include both kitchen and sanitary facilities provided for the exclusive
use of the individual or individuals within that unit, and shall also include a private
entrance from outside the building or from a common hallway or stairway inside the
building.
E
Effective Date means the day when upon adoption by the Council of the Municipality of
the County of Richmond and approval by the Minister of Municipal Affairs, this By-law
took effect by means of a notice that was published in a newspaper. For greater clarity,
it means the first and initial date of coming into force and excludes any dates of later
amendments to the document.
Electric Vehicle Charging means infrastructure that supplies energy for the charging
of electric vehicles, such as plug-in electric and hybrid vehicles.
Emergency Services means the use of a building or 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 forgoing shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling, or draining, or structurally altering
any existing building or structure by an addition, deletion, enlargement or extension.
Existing means a structure, use or road lawfully in operation, in existence or under
construction on the specified date or, if no date is specified, on the effective date of this
By-law. Existing means also a structure, use or road which has lawfully received all
required permits for its construction or uses and such permits are not older than twelve
(12) months.
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F
Farmers' Market means the use of land, buildings, structures, or part thereof by five or
more vendors where the greater part of the goods for sale are products of the farm, the
forest, or the sea, whether in their natural form or processed by the vendor, and the
remainder of the goods are craft products produced by the vendors or their immediate
families.
Fishery Related Uses means the use of land, buildings, or part thereof for activities
related to shipbuilding and repair, the commercial fishery, and the provisioning of ships
and shall include, but is not limited to, boatyards, fish processing, shipbuilding and
repair, ship chandlering, and the storage of commercial fishing gear.
Footprint means the total ground floor area of a building enclosed within the exterior
faces of the exterior walls, and for the purpose of this definition the walls forming a
courtyard shall be deemed to be exterior walls.
Forestry Related Use means the use of land or buildings to produce timber or pulp and
uses associated with the forestry industry, including sawmills, maple sugaring
operations, Christmas tree u-picks, tree nurseries, shingle mills, forestry vehicle and
equipment storage, maintenance buildings and yards, and wholesale outlets for wood
and wood products.
Funeral Home means the use of a building or part thereof for the preparation,
temporary display, and/or funeral ceremony of deceased persons or domestic pets and
may include a crematorium.
G
Government Uses means a municipal, provincial or federal government office,
courthouse, registry office, health clinic, welfare center, employment office, post office,
buildings required for other government service delivery including municipal servicing or
a building of any government agency or crown corporation.
Grade means
(a)
when used in reference to a building or structure, the average
elevation of the finished surface of the ground where it meets the
exterior of foundation of the building or structure, exclusive of any
artificial embankment or entrenchment; or
(b)
when used in reference to a street, road, or highway, the
elevation of the street, road, or highway established by the
Municipality or other designated authority.
Gross Floor Area 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
107
floor level, and for the purpose of this definition, the walls forming a courtyard shall be
deemed to be exterior walls.
H
Heavy Industrial 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 fishery related 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.
Height means the vertical distance on a building or structure between the established
grade and:
(a)
the highest point of the roof surface or the parapet, whichever is greater, of a
flat roof;
(b)
the deck line of a mansard roof;
(c)
the mean level between the eaves and ridges of gabled, hip,
gambrel, or other type of pitched roof;
(d)
excluding any construction used as ornament or for the
mechanical operation of the building or structures, a mechanical
penthouse, chimney, tower, cupola, or steeple.
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 structure 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.
J
K
108
Kennel means the use of land, a building, or part thereof for a commercial
establishment where dogs and other domestic animals, excluding livestock, are bred,
raised and sold, and/or boarded.
L
Landscaping means any combination of trees, shrubs, flowers, grass, or other
horticultural elements, decorative stonework, paving, grading, screening, or other
architectural elements, all of which is designed to enhance the visual amenity of a
property or to provide a screen or barrier to mitigate any objectionable aspects that may
detrimentally affect adjacent land.
Light Industrial means the use of a building for machining, manufacturing, assembly,
and/or processing and such use shall be wholly contained within the building and shall
not include explosives, petrochemical, coke, or paint plants; rendering or poultry plants;
tanneries; abattoirs; refineries; or industrial cleaners.
Loading Space means a vacant area of land provided and maintained upon the same
lot or lots upon which the principal use is located and which area:
(a)
able for the temporary parking of at least one commercial motor vehicle while
merchandise or materials are being loaded or unloaded from such vehicles;
(b)
is not upon or partly upon any street or highway.
Lot means any parcel of land described in a deed or as shown in a registered plan of
subdivision.
Corner lot means a lot situated at the intersection of and abutting on two or more
streets. The shorter lot line shall be deemed the front lot line of the said lot.
Through lot means a lot, which is not a corner lot, with frontage on more than one
street.
Flag Lot means a lot that meets the minimum lot frontage requirements of the
zone in which it is located but contains a prolongation or "pole" that extends from
the lot frontage to the main body of the lot and which prolongation has a width less
than the minimum lot frontage permitted in the applicable zone.
Lot Area means the total horizontal area within the lot lines of a lot.
Lot Depth means the horizontal distance between the front and rear lot lines. Where
these lot lines are not parallel the lot depth shall be the length of a line joining the
midpoints of the front and rear lot lines.
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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. Where the
front lot line is not straight or where it meets one or more side lot lines at an angle of
less than 80 degrees or more than 100 degrees,
(a)
establish a line joining the midpoint of the front lot line with the midpoint of the
rear lot line or, in the case of a triangular lot, with the apex of the triangle
formed by the side lot lines;
(b)
establish the point on the line established in (a) that is the
distance of the minimum front setback required in the applicable
zone from the street; and
(c)
measure the distance between the side lot lines along the line
perpendicular to the line established in (a) at the point
established in (b).
Lot Line means a boundary line of a lot.
Flankage lot line means any lot line on a corner lot which abuts the street but is
not the front lot line or rear lot line.
Front lot line means the line dividing the lot from the street; in the case of a
corner lot the shortest boundary line abutting the street shall be deemed the front
lot line and the longer boundary line(s) abutting the street shall be deemed the
flankage lot line(s) and where such lot lines are of equal length the front lot line
shall be any of the lot lines abutting a street. In the case of a through lot, any
boundary dividing the lot from a street may be deemed to be the front lot line.
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, rear, or flankage lot line.
M
Main Building means the building in which the principal purpose for which the building
lot is used.
Main Wall means the exterior front, side or rear wall of a building, and all structural
members essential to the support of a fully or partially enclosed space or roof.
Manufacturing means the production, compounding, processing, packaging, crafting,
bottling, packing or assembling of raw or semi-processed or fully-processed goods or
materials, and shall include a recycling operation completely contained within a building.
Marina means a facility where boats may be docked or moored and where fuel and
other marine supplies are sold to the boating public.
Marine Recreation Provider means the use of land, buildings, or structures for a
commercial business that, due to its nature of the use, relies on the sea or ocean as an
110
integral part of its operation, including but not limited to boat tours, canoe and kayak
rentals, and jet ski rentals, but does not include uses related to the commercial fishing
industry.
Medical Clinic means the use of a building or part thereof where medical or therapeutic
diagnosis and/or treatment services are provided to the general public, but does not
include a public or private hospital.
Municipality means the Municipality of the County of Richmond.
N
Nameplate Capacity means the manufacturer's maximum rated output of the electrical
generator found in the nacelle of a wind turbine. This equals the electricity produced
when the wind velocity is such as where the conversion efficiency is at its greatest.
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.
O
Obnoxious Use means a use which, from its nature or operation creates a nuisance or
is offensive by the creation of noise or vibration, or by reason of the emission of gas,
fumes, dust, oil or objectionable odour, or by reason of the unsightly storage of goods,
wares, merchandise, salvage, refuse matter, waste or other material.
Open Space means uses related primarily to the outdoor enjoyment of lands, including
recreational uses, accessory buildings to a beach including change rooms and
washrooms, boardwalks and nature interpretation stands, canteens, conservation
projects, information stands, marina facilities and picnic areas and facilities.
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Ordinary High Watermark means:
(a)
For non-tidal waters, the limit or edge of the bed of a body of water where the
land has been covered by water so long as to wrest it from vegetation or as to
mark a distinct character upon the vegetation where it extends into the water or
upon the soil itself; and
(b)
For tidal waters, the mark on the seashore reached by the
average of the mean high tides of the sea between the spring
and neap tides in each quarter of a lunar revolution during the
year excluding only extraordinary catastrophes or overflows.
Outdoor Display means an area of land where goods are displayed and which are
available for sale to the general public from a retail outlet located on the same lot.
Outdoor Storage means the storage of any item located outside of a building not
primarily for the encouragement of sale of the item or of similar items at that location,
but primarily for storage purposes.
P
Person means an individual, association, firm, partnership, corporation, incorporated
company, organization, trustee, or agent, and the heirs, executors, or other legal
representatives of a person to whom the context can apply according to law.
Personal Service Shop means a building or part of a building in which persons are
employed in furnishing services and otherwise administering to the individual and
personal needs of persons, and without limiting the generality of the foregoing may
include such establishments as barber shops, beauty parlours, automatic laundry
shops, hairdressing shops, shoe repair and shoe shining shops, and depots for
collecting dry cleaning and laundry, but excludes any manufacturing or fabrication of
goods for sale.
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 the use of a building or part thereof for 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 a private street or road as defined in the Subdivision By-law of the
Municipality of the County of Richmond.
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Professional Office means a building or structure where business may be transacted,
a service performed or consultation given but shall not include the manufacturing of any
product or the retailing or selling of goods.
Public and Private Utilities means a closely regulated enterprise with a franchise for
providing to the public a utility service deemed necessary for the public health, safety
and welfare.
Public Recreation means the use of land, buildings, or parts thereof for tennis courts,
lawn bowling greens, skating rinks, skateboard parks, athletic fields, band shells,
pavilions, outdoor swimming pools, recreational boat launches, and similar uses to the
foregoing, together with necessary and accessory buildings and structures, but not
including indoor commercial recreation or outdoor commercial recreation or a track for
the racing of animals, or any form of motorized vehicles.
Public Road means a public street or road as defined in the Subdivision By-law of the
Municipality of the County of Richmond.
Public Transportation means the use of land, buildings, or part thereof for the
transportation of passengers and related activities and includes bus stations, taxi
stands, and railway stations but does not include airports.
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.
R
Race Track means the use of land for the purpose of racing motorcycles, all terrain
vehicles, automobiles, or similar motorized vehicles, and animals, including, but not
limited to, horses or dogs, over a constructed track or course or where the continuous
use of land creates a track or course.
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 premises on which recoverable materials, such as paper,
glass and metals are separated prior to shipment, but does not include any processing
of the material and does not include a scrap yard.
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Renewable Energy Generation System means any device or group of devices that
converts an energy from natural sources such as ocean waves or tides, rivers,
geothermal, or biomass to electrical energy, but does not include energy generation
from fossil fuels or nuclear power and does not include wind turbines or solar panels,
which are covered under separate definitions.
Residential Care Facility means the use of a building or part thereof as a family home,
group care facility, or similar facility for the non-medical care of more than six 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.
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 Store means a building or part thereof in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale directly to the public at retail.
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S
School, Academic means the use of a building or part thereof as 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 the use of a building or part thereof as 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, hair schools,
computer schools, and other similar schools, but does not include post-secondary
schools.
School, Post-secondary means the use of a building or part thereof as a degree- or
diploma-granting public educational establishment intended for the academic instruction
of students after the completion of Grade 12.
Scrap 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.
Self-storage Facility means the use of a building, collection of buildings, or part thereof
for individual, small, self-contained units that are leased or owned for the storage of
business or household goods or contractor supplies.
Senior Citizens' Housing means multifamily housing designed for older people. This
type of housing can also refer to an adult retirement community, assisted living facility,
congregate residences or continuing care retirement facility.
Service and Repair Shop means a building or part thereof used for the repair of
household articles and shall include radio, television, and appliance repair shops but
shall not include industrial or manufacturing or motor vehicle repair shops.
Serviced Lot means a lot that is serviced by a central sewer system.
Setback means the distance between a street line, watercourse or natural feature and
the nearest main wall of any building or structure 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.
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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.
Shipping Container means an article of transportation equipment, including one that is
carried on a chassis, that is strong enough to be suitable for repeated use and is
designed to facilitate the transportation of goods by one or more means of
transportation and includes, but is not limited to, intermodal freight containers (sea
containers) and the body of transport trailers or straight truck boxes, but does not
include a motor vehicle.
Shooting Range means the use of land or buildings for sport shooting including, but
not limited to, sport shooting that involves the use of rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder or other similar items.
Shoreline means the ordinary high watermark of a coastal or other body of water.
Sign means a structure, device, light or natural object including the ground itself, or any
part thereof, or any device attached thereto, or painted or represented thereon, which
shall be used to justify, advertise, or attract attention to any object, product, place,
activity, person, institution, organization, firm, group, commodity, profession, enterprise,
industry or business, or which shall display or include any letter, work, model, number,
banner, flag, pennant, insignia, device or representation used as an announcement,
direction, or advertisement, and which is intended to be seen from off the premises or
from a parking lot. The word "sign" shall include signs that are affixed to the inside of
windows and glass doors and is intended to be seen from roadways or parking lots. No
other indoor sign shall be deemed a sign within this By-law.
Ground Sign means a sign supported by one or more uprights, poles or braces
placed in or upon the ground.
Illuminated Sign means a sign that provides artificial light directly, or through any
transparent or translucent material, from a source of light connected with such
sign, or a sign illuminated by a light focused, upon or chiefly directed at the surface
of the sign.
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Mobile Sign means any sign not permanently affixed to the ground or to a
building, including any sign attached to or displayed on a vehicle or trailer that is
used for the expressed purpose of advertising a business establishment, product,
service, or entertainment, when that vehicle is so parked as to attract the attention
of the motoring or pedestrian traffic.
Number of Signs means a sign shall be considered to be a single display surface
or display device containing elements organized, related and composed to form a
unit. Where matter is displayed in a random manner without organized relationship
or elements, or where there is reasonable doubt about the relationship of
elements, each element shall be considered to be a single sign.
Projecting Sign means a sign which projects from and is supported by a wall of a
building.
Roof Sign means any sign erected upon, against, or directly above a roof or roof
eave, or on top or above the parapet, or on a functional architectural appendage
above the roof or roof eave.
Sign Area means the area of the smallest triangle, rectangle, or circle or semi-
circle that can wholly enclose the surface area of the sign. All visible faces of a
multi-faced sign shall be counted separately and then totaled in calculating sign
area. Three dimensional signs shall be treated as dual-faced signs, such that the
total area shall be twice the area of the smallest triangle, rectangle, or circle or
semi-circle, which can totally circumscribe the sign in the plan of its largest
dimension.
Third Party Sign means a sign that advertises a business that is not situated on
the same lot on which the sign is placed.
Wall Sign means a sign that is attached to and supported by wall of a building.
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Small Options Home means the use of a building or part thereof for a family home,
group care facility, or similar facility for the non-medical care for not more than six
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.
Storey means the portion of a building between any floor and the floor, ceiling or roof
next above, provided that any portion of a building partly below grade level shall not be
deemed a storey unless its ceiling is at least 1.8 metres (6 feet) above grade and
provided also that any portion of a storey exceeding 4.3 metres (14 feet) in height shall
be deemed an additional storey for each 4.3 metres (14 feet) or fraction thereof of such
excess.
Street means a public road or private road.
Street Line means the boundary line of a street.
Structure means anything that is erected, built or constructed or parts joined together
or any such erection fixed to or supported by the soil or by any other structure. A
structure shall include buildings, walls, and signs and also fences exceeding 1.8 metres
(6 feet) in height.
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.
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T
Transportation and Logistics means the use of 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.
U
Unserviced Lot means a lot that is not serviced by a central sewer system.
Use means the purpose for which any land, building, or structure is utilized.
V
Variance means a relaxation or reduction of the Land Use By-law requirements for a
specific site, as stipulated in the Municipal Government Act.
W
Warehousing means the use of a building or part thereof for the storage of commercial
or industrial wares or goods, excluding retail stores and self storage facilities.
Water Access means the use of land or structures to provide watercraft access to
marine or fresh water bodies and shall include, but is not limited to, wharves, docks,
slipways, ramps, quays, and marine railroads.
Watercourse means the bed and shore of every river, stream, lake, ocean, creek,
pond, spring, lagoon, swamp, marsh, wetland, ravine, gulch or other natural body of
water, and the water therein, including ground water, within the jurisdiction of the
Province, whether it contains water or not.
Water Frontage means the length of a lot line abutting a water body, measured along
the Ordinary High Water Mark of as defined in the Nova Scotia Land Surveyors
Regulations.
Wetland means an area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions.
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Wind Turbine means a device for converting wind power to electricity.
Wind Turbine, Domestic means a device for converting wind power to electricity,
which has a nameplate capacity of not more than 100 Kilowatts (kW) and which is
intended primarily to reduce on-site consumption of utility power.
Wind Turbine, Mini means a device for converting wind power to electricity which
has a name plate capacity of less than one (1) Kilowatt (1000 watts) and which is
intended to reduce on-site consumption of utility power.
Wind Turbine, Utility means a device for converting wind power to electricity,
which has a name plate capacity of more than 100 Kilowatts (kW) and generates
power primarily for sale to a third party and which may be developed either as a
standalone machine or be grouped with others in a wind farm.
Workshop means the use of a building or part thereof for the creation of products
assembled or made by hand or by small custom production processes including (but not
limited to) potters, pewterers, goldsmiths, silversmiths, jewellers, toymakers, leather
workers, upholsterers, woodworkers, furniture makers, musical instrument makers,
clothing designers, clothesmakers, shoemakers, antique refinishers, glass workers,
stained glass workers and sailmakers. This definition shall also include "maker spaces".
X
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Y
Yard means the uncovered space on a lot appurtenant to a building (except a court)
and unoccupied by buildings or structures except as specifically permitted elsewhere in
this By-law. In determining yard measurements, the minimum horizontal distance from
the respective lot lines to the building shall be used.
Flankage Yard means a yard extending across the full width of a lot between the
flankage lot line and the nearest wall of any building or structure on the lot.
Front Yard means a yard extending across the full width of a lot between the front
lot line and the nearest wall of any building or structure on the lot.
Rear Yard means a yard extending across the full width of a lot between the rear
lot line and the nearest wall of any main building or structure on the lot.
Side Yard means a yard extending from the front yard to the rear yard of a lot
between a side lot line and the nearest wall of any building or structure on the lot.
Z
Zone means a designated area of land shown on Schedule 'A' of this By-law.
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31 Schedules and Appendices
31.1.1 Schedules form an official part of this By-law.
31.1.2 Appendices are for information purposes and may be changed by
resolution of Council without formally amending this By-law.
Schedule 'A' - Zoning Map
Schedule 'B' - Wind Resource Maps
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Appendix 'A' - Summary of Development Agreement Policies
Use
Zone
MPS Policy
Adaptive reuse of former
community facilities
All
5-46
All, except existing dwellings
Comprehensive Development
District
4-71
Dwelling units or boarding house
sleeping units, more than 12 on a lot
General Centre
4-59
Commercial Recreation
4-98
Energy generation systems other
than solar or wind
All
5-56
Heavy industrial uses
Rural Industrial
4-21
Home-based type accommodations
units, more than 5 on a lot
Rural General
4-8
Residential Centre
4-65
Hamlet Residential
4-38
Proposals that do not comply with
architectural and site design
requirements
Main Street
4-55
Racetracks
Commercial Recreation Zone
4-97
Shooting ranges
Commercial Recreation Zone
4-97
Solid waste disposal, non-municipal
Rural Industrial
5-36