Land Use By-law (District of St. Mary's, 2022-10-18)
St. Mary's, Nova Scotia
· adopted 2022-10-18
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2022
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S
MUNICIPAL
LAND USE
BY-LAW
Municipality of the District of St. Mary's - 8296 Highway #7 - Sherbrooke, NS
The Municipality would like to recognize
the many residents and stakeholders
who shared their thoughts, insights,
and aspirations for the Municipality
throughout the process of developing
this Municipal Planning Strategy and
Land Use By-Law.
ACKNOWLEDGEMENTS
Adopted: 2022.10.18
Effective:
With Amendments To: N/A
TABLE OF CONTENTS
Chapter 1 Title, Purpose, & Effective Date..................................................... 9
Chapter 2 Administration.....................................................................................10
Chapter 3 Interpretation of Maps and Text................................................15
Chapter 4 General Requirements For All Zones.......................................17
Chapter 5 Development Constraints..............................................................27
Chapter 6 Parking & Loading Requirements............................................ 28
Chapter 7 Permitted Use Tables........................................................................30
Chapter 8 Low Density Residential (RL) Zone.......................................... 34
Chapter 9 Medium Density Residential (RM) Zone............................... 36
Chapter 10 Mixed Use (MU) Zone.................................................................... 38
Chapter 11 General Commercial (GC) Zone.................................................40
Chapter 12 Parks and Recreation (PR) Zone............................................... 42
Chapter 13 Agriculture (Ag) Zone.....................................................................44
Chapter 14 Rural Resource (RR) Zone............................................................46
Chapter 15 Industrial (Ind) Zone......................................................................48
Chapter 16 Institutional (Ins) Zone.................................................................50
Chapter 17 Whale Sanctuary (WS) Zone....................................................... 52
Chapter 18 Drinking Water (DW) Zone.......................................................... 54
Chapter 19 Definitions............................................................................................56
Chapter 20 Appendices...........................................................................................74
4
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
HOW TO USE THIS LAND USE BY-LAW
The following steps will help confirm that
the proposed development meets the
requirements of this Land Use By-Law.
1. Confirm the zone using the Zoning Map
(see Appendix A)
2. Confirm the proposed development
meets the zone requirements for the
zone that the property falls within.
3. Confirm the proposed development
meets the General Requirements for
each zone.
4. Confirm the proposed development
meets the
(a) General Requirements for All
Zones ( Page 17),
(b) Development Constraints
Requirements (page 27), and
(c) Parking & Loading Requirements
(page 28).
5. Once you have confirmed you meet
the requirements of this By-Law, apply
to the Municipality for a Development
Permit.
6. A Building Permit review happens at the
same time as the Development Permit
review to ensure compliance with the
Nova Scotia Building Code under the
Building Code Act of the Province of
Nova Scotia.
7. If you cannot meet all of the applicable
requirements of this By-Law, it may
be possible to obtain a variance, a
development agreement, or a By-Law
amendment (such as a "rezoning").
Figure 1.A The steps to confirm that a proposed development meets the Land Use By-Law requirements
p.34
RL
p.40
p.42
Chapter 4: General Requirements for all Zones (p.17)
Chapter 5: Development Constraints (p.27)
Chapter 6: Parking & Loading Requirements (p.28)
p.36
RM
Start
p.38
GC
MU
PR
p.44
Ag
p.46
RR
p.50
Ins
p.52
WS
p.54
DW
p.48
Ind
FACT SHEET
THIS FACT SHEET IS FOR INFORMATION PURPOSES ONLY AND DOES NOT FORM A LEGALLY-ENFORCEABLE
PART OF THE BY-LAW
5
LAND USE BY-LAW | FACT SHEET
APPROVAL PATHWAYS
The Municipal Government Act (MGA)
enables several approval pathways including
(1) As-of-Right and Conditional Approval (2)
Development Agreement and (3) Rezoning.
As-of-Right approvals must meet all the
established zoning requirements of the
zone. Exceptions for minor variances may
be considered by the Development Officer
through a variance approval process. The
As-of-Right process does not require any
community consultation. See Figure 1.B.
Development Agreements are a negotiated
process between Council and the developer.
This process requires involvement with
Council, the Planning Advisory Committee
(PAC) and the public, but ultimately the
decision to approve is a Council decision. A
development agreement process normally
takes several months. Development
agreements will only be considered where
highlighted in the permitted use tables in
each zone. A generalized Development
Agreement process is summarized in Figure
1.C.
By-Law Amendment applications may be
considered to change a zone ("rezoning") or
to amend the text of the By-Law if the request
is consistent with the policies in the Municipal
Planning Strategy.
The developer should consult a registered
planner for advice on By-Law amendment
applications. If the amendment request is
not consistent with the plan policies, Council
may (but is not required to) also consider
amending the Municipal Planning Strategy
(a plan amendment) to accommodate the
By-Law amendment. By-Law and Plan
amendments require consultation with the
public as well as with Planning Advisory
Committees. A generalized By-Law
amendment process is summarized in Figure
1.D.
VARIANCES
The Municipal Government Act enables the
Development Officer to grant a variance
from the requirements of the Land Use By-
Law in situations where strictly applying
the Land Use By-Law requirements would
cause unique hardship on the development.
Specifically, the Development Officer can
vary:
1. size, or other requirements relating to
yards;
2. lot frontage or lot area, or both, if
(a) the lot existed on the effective date
of the By-Law, or
(b) a variance was granted for the lot
at the time of subdivision approval;
3. number of parking spaces and loading
spaces required;
4. ground area and height of a structure;
5. floor area occupied by a home-based
business; and
6. height and area of a sign.
There are three important criteria a variance
request must meet to be granted by the
Development Officer:
1. The hardship must not be general to
the area. For example, an undersized
lot in a neighbourhood of undersized
lots would likely not qualify.
2. The variance must be consistent with
the intent of the Land Use By-Law.
3. The variance must not result from an
intentional disregard of the rules.
6
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
1. Full Development Application is submitted.
Application must demonstrate conformance with
zone requirements or requests for any variances.
2. Staff Review.
Development Officer must indicate to the
applicant if application is complete within 14
days.
3a. If Application
meets By-Law
requirements:
The application is
APPROVED.
3b. If Application
does not
meet By-Law
requirements:
The application is
DENIED.
The applicant has 7
days to appeal.
X
DA
- Development Agreement
MPS
- Municipal Planning Strategy
LUB
- Land Use By-Law
MGA
- Municipal Government Act
1. Pre-application consultation (guidance
documents given, forms, etc.)
2. Full application submitted with notification
as per the Municipality's Public Participation
Program and Engagement Policy.
3. Public Information Meeting
4. First Reading at Council
5. Public Hearing and Second Reading
6a. If Council
believes the DA
complies with
the policies of
the MPS:
The application is
APPROVED subject
to appeal period.
6b. If Council
believes the
DA does not
comply with the
policies of the
MPS:
The application is
DENIED subject to
appeal period.
X
Figure 1.B As-of-Right Approval Process
Figure 1.C Development Agreement Process
7
LAND USE BY-LAW | FACT SHEET
2. Amendment proposal is submitted with a
policy review to ensure conformance.
2. Amendment proposal is submitted with a
rationale for the amendment.
1. Pre-application consultation (guidance
documents given, forms, etc.)
1. Pre-application consultation (guidance
documents given, forms, etc.)
5. First Reading at Council
5. Engagement as determined by Council
6. First Reading at Council
3. Staff review to confirm conformance with
MPS policies.
3. Council reviews amendment request.
7a. If Council
believes the
amendment
complies with
the policies of
the MPS:
The amendment is
APPROVED subject
to appeal period.
7b. If Council
believes the
amendment does
not comply with the
policies of the MPS:
The application is
DENIED subject to
appeal period.
X
8a. If Council
believes the
amendment is in
the interest of the
Municipality and
does not conflict
with the MGA:
The amendment is
APPROVED.
8b. If Council
believes the
amendment is
not in the interest
of the Municipality
or conflicts with
the MGA:
The application is
DENIED.
X
4a. If LUB
amendment is
consistent with
MPS:
The application
DOES NOT
REQUIRE an MPS
amendment.
4b. If LUB
amendment is
not consistent
with MPS:
The application
REQUIRES an MPS
amendment
X
4a. Council may
determine that they
WILL CONSIDER an
amendment at this
time, and establish
the engagement plan
for the proposal.
4b. Council may
determine that they
will NOT CONSIDER
an amendment at
this time.
X
6. Public Hearing and Second Reading
7. Public Hearing and Second Reading
Figure 1.D LUB Amendment Process (text or rezoning)
Figure 1.E MPS Amendment Process
9
CHAPTER 1: Title, Purpose, & Effective Date
Chapter 1 Title, Purpose, & Effective Date
1.1
TITLE
1. This Land Use By-Law for the
Municipality of the District of St. Mary's
("the Municipality") may be cited as:
(a) "Land Use By-Law";
(b) "LUB"; or
(c) "By-Law", when used in a self-
referential manner.
1.2
PURPOSE
1. The purpose of this By-Law is to
implement and enforce the policies
and intent of the Municipal Planning
Strategy ("MPS") for the Municipality of
the District of St. Mary's, in accordance
with the provisions of Section 219 of
the Municipal Government Act, by
regulating the use of land and the
location, size, spacing, and use of
buildings and structures within the
Municipality.
1.3
EFFECTIVE DATE
1. This By-Law shall take effect when
notice of approval by the Provincial
Minister of Municipal Affairs is posted
in a newspaper circulating within the
Municipality, whereupon any previous
Land Use By-Law is repealed.
10
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Chapter 2 Administration
2.1
DEVELOPMENT OFFICER
1. This By-Law shall be administered by
the Development Officer(s) appointed
by Council.
2. In the absence or incapacity of the
Development Officer, the Acting
Development Officer appointed by
Council shall act in the Development
Officer's place.
2.2
APPLICABILITY
1. Where the provisions of this By-Law
conflict with those of any other By-
Law of the Municipality or any act
or regulation of the Province or the
Government of Canada, the higher or
more stringent provision shall prevail.
2. Nothing in this By-Law shall exempt
any person from complying with the
requirements of other By-Laws or
regulations in force within St. Mary's or
from obtaining any license, permission,
permit, authority or approval required
thereunder.
2.3
DEVELOPMENT PERMIT
1. Unless otherwise stated in this By-
Law, no person shall erect, construct,
place, alter, or use any building or
structure in the Municipality without first
obtaining a Development Permit from
the Development Officer.
2. The Development Officer shall
only issue a Development Permit in
conformance with this By-Law or a duly
executed and approved development
agreement.
3. A Development Permit shall expire within
the following time periods from the
date issued if the development has not
commenced:
(a) Three years for wind turbines.
(b) Two years for industrial uses.
(c) One year for all other uses.
4. The Development Officer shall, at
the written request of the applicant,
renew a Development Permit for one
additional year if:
(a) The Development Permit has not
been renewed previously; and
(b) The Development Officer is
satisfied that the Development
Permit is consistent with the current
Land Use By-Law and any
proposed amendments to the Land
Use By-Law that have been given
First Reading by Council.
5. Any decision of the Development Officer
to refuse to issue a Development Permit
shall be given by written notice.
6. No developer shall deviate, or
allow deviations to be made, from
the description of the proposed
development which is contained in the
Development Permit unless approved
by the Development Officer.
7. The Development Officer may revoke
a Development Permit if issued in error
or where information provided on the
application is found to be inaccurate.
If sent by mail, any revocation shall
become effective five (5) days after the
mailing date, or effective immediately
on personal service of the notification.
11
CHAPTER 2: Administration
2.4
BUILDING OR STRUCTURE TO BE
MOVED
1. No person shall move a building
or structure within or into the area
covered by this By-Law without
obtaining a Development Permit (and
a "Manufactured Home Transfer Form"
if applicable) from the Development
Officer.
2.5
NO DEVELOPMENT PERMIT
REQUIRED
1. Notwithstanding 2.3.1, no Development
Permit shall be required for:
(a) Construction that involves the
interior renovation of a building that
i)
will not change the footprint
of the building;
ii)
will not increase the volume
or floor area of the building;
iii)
will not add more dwelling
units or bedrooms to the
building; and
iv)
will not involve a change in
use of the building.
(b) A development that has a footprint
of less than 9.2 square metres.
(c) Temporary uses, buildings or
structures, provided that a
Development Permit for the main
building or use has been issued,
and provided that such temporary
use is terminated and removed no
more than 60 days after the
completion of the construction of
the main structure or use.
(d) Temporary buildings, structures or
signs for special occasions, events
and holidays, provided that such
use of buildings, structure or sign
remains in place no more than 30
consecutive days.
(e) The following or similar
miscellaneous minor structures:
i)
Clothes Poles
ii)
Flag Poles
iii)
Garden Trellises
iv)
Crop hoops and temporary
greenhouses
v)
Fences
vi)
Retaining Walls
vii)
Children's Play Structures
viii)
Doghouses
ix)
Monuments
x)
Interpretive Displays
xi)
Barrier Free Ramps
xii)
Radio-communication
Antennas
xiii)
Radio-communication Towers
xiv)
The keeping of fowl or rabbits
meeting the requirements of
4.29
12
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
2.6
DEVELOPMENT APPLICATION
1. Every developer wishing to obtain a
Development Permit must submit an
application to the Development Officer
in the form prescribed from time to time
by Council.
2. The application for a Development
Permit shall be signed by the registered
owner(s) of the lot or by the owners'
agent duly authorized in writing to act
on behalf of the owner(s).
3. Every application for a Development
Permit shall be accompanied by a plan
drawn to scale and showing:
(a) The true dimensions of the lot to be
used or upon which it is proposed
to construct or locate any building
or structure;
(b) any easements or right-of-ways;
(c) watercourses, coastlines, and
wetlands;
(d) the location of every building or
structure already constructed or
partly constructed on such lot;
(e) the proposed use, location, height,
and dimensions of any proposed
building or structure, including
measurements of any zoning
requirements (e.g. lot frontage,
front/side/ rear yard setbacks,
parking, lot coverage, etc.); and
(f) the proposed location and
dimensions of parking areas,
parking spaces, loading spaces,
driveways, curbs, and landscaping.
4. Development Permit applications
for small-scale wind turbines shall
be reviewed by the Building Official
to determine if design submissions
are required from a Professional
Engineer to ensure the wind turbine
base, foundation, or guy-wire anchors
required to maintain the structural
stability of the wind turbine tower(s) are
sufficient.
2.7
WETLAND DELINEATION
1. If development is proposed within 25
metres of a wetland identified in the
Department of Natural Resources
and Renewables Wetland Inventory,
the location of wetlands on the plan
required in Section 2.6.3 shall be as
identified by a person qualified to
delineate wetlands in the Province of
Nova Scotia.
2.8
OTHER PERTINENT SUBMISSIONS
1. The Development Officer may require
the applicant to provide additional
pertinent information, prepared by
the appropriate professional at the
applicant's cost, when necessary
to determine conformance with this
Land Use By-Law. Such additional
information or studies may include:
(a) building floor plans and elevation
drawings;
(b) location certificate;
(c) topography and soil conditions of
the subject site;
13
CHAPTER 2: Administration
(d) watercourse delineation;
(e) stormwater management plan;
(f) floor plans and elevation drawings
of any proposed structures;
(g) geotechnical study;
(h) site grading plan;
(i) traffic impact assessment or study;
(j) groundwater supply study;
(k) environmental impact assessment;
(l) archaeological studies; and/or
(m) any other information deemed
necessary by the Development
Officer.
2.9
INDUSTRIAL ZONE LOT GRADING
PLAN
1. Applications for a Development Permit
in the Industrial (Ins) Zone shall include
a Lot Grading Plan subject to the
following:
(a) The Lot Grading Plan is to be
prepared by a Nova Scotia Land
Surveyor, a Landscape Architect,
or a Professional Engineer, at the
applicant's cost.
(b) No person shall occupy a building
until Lot Grading record drawings
confirming that the lot has been
constructed in accordance with the
Lot Grading Plan have been
accepted by the Municipality.
2.10 SURVEY OF LANDS:
1. Where the Development Officer is
unable to determine whether the
proposed development conforms to
this By-Law and other By-Laws and
Regulations in force which affects
the proposed development, the
Development Officer may require that
the development plans be based upon
an actual survey by a licensed Nova
Scotia Land Surveyor at the cost of the
owner.
2. Where any development is proposed
within the Coastal Protection Zone as
defined by the Coastal Protection Act,
the site may be subject to additional
regulations pertaining to shoreline
structures and stabilization works in
order to reduce coastal flood risks
and the risk of coastal erosion, and to
protect coastal ecosystems. In addition,
the site may be subject to:
(a) minimum building elevations; and
(b) site-specific horizontal building
setbacks, to be determined by a
designated professional.
14
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
2.13 RIGHT OF ENTRY
1. Subject to Section 267 of the Municipal
Government Act, any person authorized
by the Minister or by Council shall
have the right to enter at all reasonable
times into or upon any property within
the area to which this Land Use By-
Law applies for the purpose of any
inspection necessary in connection
with the administration of the Land Use
By-Law.
2.14 APPLICATION FEES
1. Every application for a Development
Permit, subdivision, variance, site
plan approval, Municipal Planning
Strategy amendment, Land Use By-
Law amendment, or development
agreement shall be subject to the fees
as established by Council from time to
time, and in accordance with rates set
out by the Municipality in Schedule 'A'.
2. No Development Permit shall be issued
until the Municipality has received the
application fees in full.
2.15 VIOLATIONS
1. In the event of any alleged
contravention of the provisions of this
By-Law, the Municipality may take
action as outlined in Sections 266 and
267 of the Municipal Government Act.
2.16 APPENDICES + SCHEDULES
1. Appendices form part of this By-Law
and amendments to appendices
require an amendment to this By-Law.
2. Schedules do not form part of this By-
Law and amendments to schedules
may be made by resolution of Council.
2.11 VARIANCES
1. The Development Officer may
grant a variance from the minimum
requirements of this By-Law, in
accordance with the Municipal
Government Act, for any of the following
requirements:
(a) size, or other requirements relating
to yards;
(b) lot frontage or lot area, or both, if
i)
the lot existed on the effective
date of the By-Law, or
ii)
a variance was granted
for the lot at the time of
subdivision approval;
(c) number of parking spaces and
loading spaces required;
(d) ground area and height of a
structure;
(e) floor area occupied by a home-
based business; and
(f) height and area of a sign.
2.12 COST OF NOTICE OF VARIANCE
1. Where a variance from the requirements
of the By-Law has been granted or
refused, the Development Officer shall
give notice to the persons entitled, and
in the manner prescribed by Section
236 of the Municipal Government Act.
This notice is to be served by ordinary
mail and the Municipality may recover
from the applicant the cost of giving
notice.
15
CHAPTER 3: Interpretation of Maps and Text
Chapter 3 Interpretation of Maps
and Text
3.1
ZONES
1. For the purpose of this By-Law, the
Municipality is divided into the following
zones, the boundaries of which are
shown on the Zoning Map (Appendix
'A'):
Residential Zones
RL Low Density Residential
RM Medium Density Residential
Commercial Zones
MU Mixed Use
GC General Commercial
Rural Zones
Ag Agriculture
RR Rural Resource
Other Zones
PR Parks & Recreation
Ind Industrial
Ins Institutional
WS Whale Sanctuary
DW Drinking Water
3.2
INTERPRETATION OF ZONE
BOUNDARIES
1. Boundaries between zones, as shown
on the Zoning Map (Appendix 'A',) shall
be determined as follows:
(a) Where a zone boundary is
indicated as approximately
following a lot line, the zone
boundary shall follow such lot lines.
(b) Where a street, highway, electrical
transmission line right-of-way,
watercourse or other linear feature
is included on the Zoning Map, it
shall, unless otherwise indicated,
be included in the zone in which it
occurs.
(c) Where a street, highway, electrical
transmission line right-of-way, or
other linear feature is included on
the Zoning Map and serves as a
boundary between two or more
zones, the centre line of the feature
shall be considered the boundary
between zones unless specifically
indicated otherwise.
(d) Where the zone boundary is
indicated as following the shoreline
of a watercourse, the boundary
shall follow the actual shoreline.
(e) Where none of the above
provisions apply, and where
appropriate, the Development
Officer shall scale the boundaries
from the Zoning Map.
16
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
3.3
CERTAIN WORDS
1. In this By-Law:
(a) words used in the present tense
include the future;
(b) words in the singular include the
plural;
(c) words in the plural include the
singular;
(d) gendered words include all
genders;
(e) the word "used" includes
"arranged", "designed", or
"intended to be used"; and
(f) the word "shall" is mandatory and
not permissive.
2. All other words carry their customary
meaning except for those defined in
Chapter 19: Definitions.
3.4
STANDARDS OF MEASUREMENT
1. The metric system of measurement is
used throughout this By-Law and in all
cases represents the required standard.
Any reference to measurements in
other units is approximate and for
convenience only.
3.5
ILLUSTRATIVE GRAPHICS
1. This By-Law includes graphics to
illustrate requirements, concepts,
definitions and other content. If the
graphics conflict with the text the text
shall take priority.
17
CHAPTER 4: General Requirements For All Zones
Chapter 4 General Requirements
For All Zones
4.1
ACCESSORY BUILDINGS
1. Accessory buildings are permitted in all
zones.
2. There is no limit on the number of
accessory buildings per lot, but all
accessory buildings will be included in
the total lot coverage calculation.
3. Accessory buildings must meet all
applicable site requirements of the zone
(frontage, setbacks, coverage, access,
sewer, water, etc.).
4. Accessory buildings shall:
(a) notwithstanding zone requirements,
have a minimum setback from rear or
side property lines of 1 metre if the
footprint of the accessory building is
less than 16 square metres;
(b) not be built closer than 4.5 metres
to the rear lot line of a through-lot;
(c) not be considered an accessory
building if it is internally attached to
the main building; and
(d) not be considered an accessory
building if located completely
underground.
5. Vehicle bodies shall not be used as
accessory buildings.
4.2
SHIPPING CONTAINERS
1. Shipping containers may be used
as an accessory building (subject to
accessory building requirements), but
shall:
(a) be maintained in good condition;
(b) be permitted only in rear and side
yards; and
(c) not be used for human habitation,
unless they have been purpose-
designed and approved for such
use under the Building Code.
2. Notwithstanding 4.2.1, shipping
containers are permitted in all zones
as a temporary use during the
construction phase a development for
which a Development Permit has been
issued, but must be removed within
15 days following completion of the
construction project.
4.3
BACKYARD SUITES
1. Where permitted, backyard suites shall
meet the following requirements:
(a) the maximum floor area is 90
square metres;
(b) the backyard suite shall be located
in the rear yard;
(c) the backyard suite shall meet the
accessory building requirements of
the zone; and
(d) only one backyard suite or
secondary suite shall be permitted
per lot.
18
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
4.4
SECONDARY SUITES
1. Only one secondary suite or backyard
suite shall be permitted on a lot.
2. Secondary suites shall not exceed a
floor area of 90 square metres, or 50%
of the dwelling, whichever is less.
4.5
HABITATION OF VEHICLE BODIES
1. No automobile, truck, bus, coach or
car body, or recreational vehicle, with
or without wheels, shall be used as a
permanent dwelling.
4.6
EXISTING UNDERSIZED LOTS
1. Notwithstanding anything else in this
By-Law, an undersized lot described
in a deed on or before the effective
date of this By-Law, having less than
the minimum frontage or area required
by this By-Law, may be used for a
purpose permitted in the zone in which
the lot is located and a building may
be erected provided that all other
applicable provisions in this By-Law are
satisfied and:
(a) the lot is serviced by central sewer;
(b) the lot is approved for an on-site
sewage disposal system; or
(c) the proposed use does not
produce wastewater.
2. For the purpose of this section,
an undersized lot which has had
its frontage or area increased yet
still remains undersized shall be
considered an existing undersized lot,
except where a repeal of subdivision
creates a lot or lots smaller than zone
requirements.
4.7
FLAG LOTS
1. Flag lots are permitted subject to the
following requirements:
(a) the zone standard for minimum lot
area for the proposed use must be
satisfied within the main portion of
a flag lot;
(b) the width of the prolongation or
"pole" of the flag lot providing
access to the street or roadway
shall be at least 6 metres at every
point along its length; and
(c) the prolongation or "pole" of a flag
lot is permitted to abut another flag
lot prolongation or "pole".
4.8
FRONTAGE ON A STREET
1. No Development Permit shall be issued
for a lot unless the lot abuts and fronts
upon a public street or a private road.
2. Notwithstanding 4.8.1, a lot that has
access to a street over a private right-
of-way or private easement shall be
deemed to have frontage if:
(a) it connects to a public street or
private road;
(b) the right-of-way is no less than 6
metres wide, and;
(c) the driveway is approved by the Nova
Scotia Department of Public Works.
3. Notwithstanding 4.8.1, an existing main
building on an existing lot lacking public
road frontage may be altered, added to,
renovated, replaced with a new structure,
or changed to another use permitted in
the zone, provided all other applicable
provisions of this By-Law are satisfied.
19
CHAPTER 4: General Requirements For All Zones
4.9
HOME BASED BUSINESSES
1. Where permitted, home based
businesses shall meet the following
requirements:
(a) The business use shall fall within
one of the types of uses as
outlined in Table 4.A.
(b) Where a business use is not listed
in Table 4.A, and the business is
similar in nature, the permission of
the use shall be at the discretion of
the Development Officer, provided
all other provisions of this By-Law
are met.
(c) The business shall be located
wholly within the dwelling unit or a
building accessory to the dwelling
unit.
(d) The dwelling shall be occupied as
a residence by the home based
business owner.
(e) No more than 25% of the gross
floor area of the dwelling may be
devoted to the home based
business use.
(f) The nature or operation of the
home based business shall not be
obnoxious.
(g) One business identification plate or
sign, not exceeding 0.3 square
metres in area, is permitted.
4.10 HEIGHT EXEMPTIONS
1. The features shown in Table 4.B may
exceed the maximum height in the
zone to the degree indicated in Table
4.B, provided no additional habitable
space is created by the exemption.
Table 4.A Permitted Home Based Business Uses
+
Animal Care
+
Art Gallery / Studio
+
Automobile Sales - 6 or
fewer vehicles at one time
+
Automobile Repair Shop
+
Bed & Breakfast
+
Building & Construction
Contractor
+
Business or Professional
Office
+
Craft Product Workshop
+
Catering Establishment
+
Private Education Facility
- Up to 12 students
+
Daycare − Up to 6
individuals in care
+
Forestry Uses
+
Landscaping
+
Medical Clinic
+
Personal Service Shop
+
Small Engine Service and
Repair
+
Take Out Restaurant
+
Trucking and Excavation
20
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Feature
Max. Height Above Limit
Chimney
4 m
Railing system
2 m
Clock tower or bell tower
5 m
Elevator enclosure
5.5 m
Misc. minor structures (e.g. flagpoles)
unlimited
Mechanical equipment enclosure
4.5 m
Gazebos, pergolas, and similar structures
3 m
Parapet
2 m
Cupola
4 m
Solar collector
4.5 m
Stair enclosure
4.5 m
Roof peaks for architectural variety
4.5 m
Observation tower
10 m
Table 4.C Permitted Projections & Encroachments
Table 4.B Height Exemptions
Structure
Projection
Permitted In
Maximum
Encroachment
Sills, belt courses, cornices, eaves, gutters, chimneys,
pilasters, canopies or similar building elements.
Any yard
0.6 m
Window bays (to a maximum of 3 metres in width)
Front, rear, and
flankage yards
1 m
Fire escapes and exterior staircases
Rear and side
yards
1.5 m
Balconies one or more stories above grade
Front, rear, and
flankage yards
2.5 m
Decks
Front, rear, and
flankage yards
2 m
Open, roofed porches not exceeding one storey in
height, uncovered terraces
Front, rear, and
flankage yards
2 m including
eaves and cornices
Barrier-free ramps
Any yard
Any
21
CHAPTER 4: General Requirements For All Zones
4.11 ENCROACHMENTS INTO
SETBACKS
1. The features shown in Table 4.C may
encroach into minimum setbacks to the
degree indicated in Table 4.C.
4.12 MULTIPLE USES
1. Where any lot or building is used for
more than one main use, all provisions
of this By-Law relating to each use shall
be satisfied. Where there is conflict,
such as in the case of lot size or lot
frontage, the most stringent provisions
shall prevail.
4.13 NON-CONFORMING USES &
STRUCTURES
1. Non-conforming uses and structures
shall be subject to Sections 238, 239,
240, 241, and 242 of the Municipal
Government Act with the following
exceptions:
(a) A non-conforming use of land or a
non-conforming use in a structure
shall not be recommenced after it
has been discontinued for
continuous period of one year.
(b) Expansion, alteration, or extension
of a non-conforming structure is
permitted if the change does not
increase the non-conformity and
the change otherwise complies
with this By-Law.
4.14 MAIN BUILDINGS ON A LOT
1. More than one main building shall
be permitted on a lot, where the use
is permitted in a zone, subject to the
following requirements:
(a) The minimum requirements for lot
frontage and lot area, found
elsewhere in this By-Law, are met
for each main building;
(b) The remainder, if any, meets the lot
area requirements for subdivision;
and
(c) All other applicable provisions of
this By-Law are met.
2. A site plan drawn by a Nova Scotia
Land Surveyor may be required by
the Development Officer at the time
of application for a Development
Permit in order to confirm the ability for
subdivision under 4.14.1(b).
4.15 OUTDOOR LIGHTING
1. Any outdoor lighting associated with
a development shall be designed or
placed in such a way as to minimize
light pollution and other environmental
impacts on the surrounding area.
4.16 REAR SETBACK FOR A THROUGH
LOT
1. Notwithstanding anything else in this
By-Law, the minimum rear setback for
a through lot shall be not less than 6
metres.
22
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
4.17 RESTORATION TO A SAFE
CONDITION
1. Nothing in this By-Law shall prevent
the strengthening or restoring to a
safe condition of any building or
structure, provided in the case of a
non-conforming building or structure,
the provisions of Sections 238, 239,
240, 241, and 242 of the Municipal
Government Act are met.
4.18 SERVICE AND UTILITY RIGHT-OF-
WAYS
1. Service and utility rights-of-way for
the establishment and maintenance
of overhead and underground utilities
shall be permitted in any zone.
4.19 SIDE YARD WAIVER
1. Notwithstanding anything else in this
By-Law, where buildings on adjacent
lots share a common wall, the
applicable side yard requirement will be
zero along the common lot line.
4.20 SWIMMING POOLS
1. No portion of a swimming pool,
pump, filter, or pool water disinfection
equipment shall be:
(a) located closer to any street line
than the main building on the lot;
(b) located less than 1.2 metres from
any side or rear property line; or
(c) located closer to any watercourse
than the distance applicable to a
main building or accessory
building, whichever is less.
2. All outdoor swimming pools, or the yard
in which a swimming pool is located,
shall be completely enclosed so as to
prevent unauthorized access.
3. All swimming pool enclosures shall:
(a) have access controlled by a fence
at least 1.5 metres in height, or by
a combination of fencing, buildings,
or deck or similar structure; and
(b) be constructed so as to prevent
easy access through, under, or
over it.
4. An elevated deck surrounding an
above ground pool may form part of an
enclosure, provided:
(a) The deck abuts the sides of the
above ground pool; and
(b) The combined height of the deck
and fence on top of the deck is a
minimum of 1.5 metres above
grade.
5. All gates and doors accessing the
enclosure shall be equipped with a self
closing, self-latching lockable devices
placed not less than 1.5 metres in
height from the surface or grade, and
on the inside of the gate, except where
access is provided through the dwelling
unit.
6. An enclosure or other structure,
including gates and doors, intended
to control access to a swimming pool
shall:
(a) have a minimum distance of 1.2
metres between horizontal
members; and
23
CHAPTER 4: General Requirements For All Zones
(b) have a maximum of 10 cm size
openings throughout the structure
and all horizontal members located
on the pool side of the structure.
7. No person shall permit any structures
or material to be placed or to remain
adjacent to any swimming pool
enclosure which would provide a
means of access over the top of the
enclosure.
4.21 DERELICT VEHICLE BODIES
1. Storage of derelict motor vehicles, used
bodies or parts of automobiles, or used
or parts of other vehicles or machinery
must be covered or shielded from the
traveling public.
2. Storage shall be limited to a maximum
of two vehicles.
4.22 TEMPORARY USES PERMITTED
1. Notwithstanding 2.3.2, nothing in this
By-Law shall prevent the use of land
or the use or erection of temporary
buildings or structures incidental to
construction, including but not limited
to a construction camp, tool shed,
scaffold, or a sales or rental office.
2. Notwithstanding 2.3.2, nothing in
this By-Law shall prevent the use
of land or the erection of temporary
buildings, structures or signs for special
occasions, events and holidays.
4.23 SMALL-SCALE WIND TURBINES
Where permitted, small-scale wind turbines
shall comply with the following:
1. Wind turbines shall not exceed 60
metres in height, measured from the
base of the tower to the highest point of
the blade's arc.
2. Development is restricted to one turbine
per lot and shall have a generating
capacity of less than 100 kilowatts
(kW).
3. The minimum rotor clearance shall be 8
metres from established grade.
4. The minimum setback from all property
lines shall be one and a half times
(1.5x) the height of the turbine.
5. The minimum separation distance
from a dwelling unit on an adjoining or
adjacent lot shall be two times (2x) the
height of the turbine.
6. The minimum separation distance from
a public or private road shall be two
times (2x) the height of the turbine.
7. The minimum separation distance from
institutional buildings such as hospitals,
daycares, and libraries on an adjoining
or adjacent lot shall be three times (3x)
the height of the turbine.
8. Signage shall be limited to the gear
box of the turbine and only indicate the
operator and/or manufacturer of the
turbine.
24
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
4.24 SOLAR COLLECTORS
1. Solar collectors up to 1 MW of
nameplate capacity are permitted as an
accessory use in all zones.
4.25 MANUFACTURED HOME PARKS
1. Where permitted, manufactured home
parks shall comply with the following
requirements:
(a) Each manufactured home shall
have a dedicated space clearly and
permanently marked on the ground
and meeting the dimensions listed
in Table 4.D.
(b) Manufactured homes shall be set
back from all edges of their
dedicated space by a minimum of
1.5 metres.
(c) All accessory structures such as
patios, porches, additions, skirting,
and storage facilities shall be factory
pre-fabricated units, or of a quality
equivalent thereto, so that design
and construction will complement
the manufactured home.
(d) The undercarriage of each
manufactured home shall be
screened from view by skirting or
such other means satisfactory to the
Development Officer.
2. Manufactured home parks shall only be
permitted on lots:
(a) larger than 4,000 square metres,
and
(b) with a frontage of no less than 60
metres.
4.26 TINY HOME COMMUNITIES
1. Where permitted, tiny home
communities shall comply with the
following requirements:
(a) The minimum separation distance
between tiny homes shall be 3
metres.
(b) The total gross floor area of
accessory buildings on the lot shall
be no greater than the total gross
floor area of the tiny homes on the
lot.
2. Tiny home communities shall only be
permitted on lots that have an area
larger than:
(a) a total of 557 square metres for the
first two units;
(b) an additional 186 square metres for
each additional unit up to six total
units; and
(c) an additional 93 square metres for
each additional unit beyond the
sixth.
Table 4.D Manufactured Home Space Requirements
Minimum Area
372 sqm
Minimum Dimensions
12 m x 31 m
25
CHAPTER 4: General Requirements For All Zones
4.27 CONNECTION TO SERVICES
1. All plumbed development within the
area serviced by central sewer shall
be connected to the available sewer
services.
2. Where sewer development availability is
disputed or unclear, the Municipality's
engineer shall make a determination
based on system capacity, the
proximity of sewer pipes, and the
presence of any exceptional physical
barriers to connecting to such pipes.
4.28 PROVINCIAL SUBDIVISION
PROVISIONS ENABLED
1. Sections 5, 6, 8, 9, and 11 of the
Subdivision By-Law are enabled and
notwithstanding zone requirements
for minimum lot area and lot frontage
development is permitted on these lots
subject to all other requirements of this
Land Use By-Law.
4.29 FOWL AND RABBITS
1. Nothing in this By-Law shall prevent the
keeping of fowl and/or rabbits on a lot,
and no Development Permit is required,
subject to the following provisions:
(a) the keeping of fowl and rabbits is
prohibited accessory to a mobile
home park or tiny home
community;
(b) the combined maximum number of
fowl and rabbits permitted on a lot
under these provisions is 5 in the
Low Density Residential Zone and
Medium Density Residential Zone,
and 15 in all other zones;
(c) where a rooster is kept, the use is
considered a homestead livestock
use, which is regulated by 4.30;
(d) fowl and rabbits shall be confined
to the lot and not permitted to run
at large;
(e) juvenile animals shall not count
towards the maximum number of
fowl and/or rabbits; and
(f) coops shall meet zone
requirements for accessory
buildings.
2. For greater clarity, the keeping of
fowl and rabbits in excess of what
is permitted by this Section may be
considered under the homestead
livestock use, which is regulated by
4.30.
26
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
4.30 HOMESTEAD LIVESTOCK
1. Homestead livestock uses, where
permitted, shall be subject to the
following requirements:
(a) the minimum lot size shall be 4,000
square metres for every 1 animal
unit or part thereof;
(b) all animal housing and manure
storage facilities shall have
setbacks from lot lines double that
of the applicable zone's
requirements for main buildings
and shall otherwise meet the
applicable zone's requirements for
main buildings;
(c) all animal housing and manure
storage facilities shall be set back
a minimum of 50 metres from any
off-site dwelling; and
(d) all animal housing and manure
storage facilities shall be set back
a minimum of 50 metres from any
watercourse and off-site wells.
2. Multiple adjacent lots held in common
ownership may be considered as one
lot for the purpose of calculating lot
area in 4.30.1(a).
3. Subject to the Fences and Detention
of Stray Livestock Act, the owner of
a household livestock operation shall
build and maintain fences adequate
to prevent the livestock from escaping
from the household livestock operation.
27
CHAPTER 5: Development Constraints
5.1
WATERCOURSE, COASTAL, AND
WETLANDS
1. Wetlands and watercourses in Nova
Scotia are protected under Provincial
jurisdiction and are subject to Provincial
regulations set out by the Department of
Environment.
2. Wetlands less than 2 hectares are
considered under the Nova Scotia
Wetland Designation Policy, and
those more than 2 hectares require
an Environmental Impact Assessment
reviewed under the Environmental
Assessment Act.
3. A minimum clearance setback of 30.5
metres is required from all wetlands
or watercourses for sewage disposal
systems, as set out by the Department of
Environment.
4. All structures on lots fronting on the
ocean, with the exception of those
developments listed in Subsection 5.1.6,
shall be elevated a minimum of 5 metres
above the ordinary high water mark.
5. All structures, with the exception of those
developments listed in Subsection 5.1.6
shall be prohibited within 15.24 horizontal
metres of the ordinary high water mark of
the coast, of any lake or pond larger than
0.5 hectares in surface area, any wetland
identified in the Department of Natural
Resources and Renewables Wetland
Inventory, or any portion of rivers or
streams wider than 0.5 metres (measured
from ordinary high water mark to ordinary
high water mark).
6. Structures permitted within watercourse
buffer (subject to zone requirements for
permitted uses) are:
(a) Boat houses, fishing gear sheds,
docks, wharves, piers, slipways,
and other similar structures.
(b) Boardwalks, walkways and trails
with a maximum width of 3 metres.
(c) Pumphouses.
(d) Scientific research structures.
(e) Safety fences that do not exceed a
height of 1.9 metres.
(f) Public streets and infrastructure.
(g) Development in the Industrial Zone.
7. Notwithstanding Subsection 5.1.5,
where the size and configuration of a
lot created prior to October 18th, 2022
is such that no main building could be
located on the lot, the Development
Officer may reduce the zone standards
for minimum setbacks to the extent
necessary to accommodate a main
building not exceeding a footprint of
100 square metres, provided all other
requirements of this By-Law are met.
8. Existing buildings located within a
watercourse buffer may be reconstructed,
renovated, repaired, moved, or replaced
provided that the work does not increase
the building's footprint within the buffer
or reduce the depth of the buffer and all
other applicable requirements of this By-
Law are met.
5.2
REGISTERED HERITAGE
PROPERTIES
1. Any external alterations made to a
registered heritage property shall
demonstrate consideration of the Nova
Scotia Heritage Property Act under the
guidance, direction and approval of
the Municipality's Heritage Advisory
Committee.
Chapter 5 Development
Constraints
28
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Chapter 6 Parking & Loading
Requirements
Table 6.A Parking Requirements
Type of Use
Minimum Parking Requirement
Parking Requirement
A dwelling containing fewer than 3
dwelling units
1 parking space per dwelling unit
All other dwellings
1.5 parking spaces for each dwelling unit
Boarding and rooming houses
1 parking space for the dwelling unit plus 1 parking
space for every 2 rooms available for rent
Churches, halls, auditoria,
restaurants, theatres, arenas,
stadia, private clubs and other
places of assembly
Where there are fixed seats, 1 parking space for every
5 seats, or 3 metres of bench space; where there are no
fixed seats, 1 parking space for every 10 square metres
of floor area
Hospitals and nursing homes
1 parking space for every 2 beds or 40 square metres of
floor area, whichever is greater
Senior citizen housing
1 parking space for every 2 dwelling units
Home based business
1 space
Hotels, motels and tourist cabins
1 parking space for every 2 beds or 40 square metres of
floor area, whichever is greater
Offices
1 parking space for every 30 square metres of floor area
used for offices
Funeral homes
1 parking space for every 4.6 square metres of assembly
floor area
Bowling alleys and curling rinks
4 parking spaces for each bowling lane or curling sheet
plus 1 parking space for every 10 square metres of other
public floor space
All other commercial uses
1 parking space for every 30 square metres of floor area
Elementary schools
1.5 parking spaces for each teaching classroom
Junior and senior high schools
4 parking spaces for each teaching classroom
6.1
PARKING REQUIREMENTS
1. For every building or structure to be
erected, enlarged, or changed in use,
off-street parking shall be provided and
maintained on the same lot, providing
unobstructed access to a public
street. Minimum off-street parking
requirements are listed in Table 6.A.
6.2
PARKING DIMENSIONS
1. A parking space shall measure at least
2.5 metres x 6 metres, exclusive of
driveways and manoeuvring aisles.
2. Except for dwellings with fewer than
three units, all parking spaces must be
accessible using an aisle.
3. Only individually-accessible parking
spaces shall be counted.
29
CHAPTER 6: Parking & Loading Requirements
6.3
PARKING LOT STANDARDS
1. Where a parking lot for more than four
spaces is to be constructed:
(a) the parking lot shall be constructed
with a stable surface that is treated
to prevent the raising of dust or
loose particles;
(b) any lighting used to illuminate the
parking lot shall be arranged in
such a manner to divert light away
from streets, adjoining lots and
buildings;
(c) a structure not more than 4.5
metres in height and not larger
than 4.6 square metres in area may
be erected for use of attendants;
(d) where a permanent hard surface is
used, each parking space shall be
marked;
(e) approaches or driveways to the lot
shall be defined by a curb of
concrete or rolled asphalt, and the
limits of the lot shall be defined by
a fence, curb, or other suitable
obstruction designed to provide a
neat appearance; and
(f) the approaches or driveways to the
lot shall not exceed two in number
from any one street, and shall be
between 6 metres and 7.5 metres
in width.
6.4
LOADING
1. One loading space shall be provided
for every building greater than 3,000
square metres of commercial, industrial,
and institutional floor space.
2. A loading space shall be:
(a) a minimum of 3.5 metres x 12.5
metres, with a minimum height
clearance of 4.5 metres;
(b) located in the rear or side yard
only, and screened from adjoining
residential or park uses;
(c) constructed with a stable surface
which is treated to prevent the
raising of dust or loose particles;
and
(d) have access to the street by means
of a driveway at least 3 metres
wide for one-way traffic and 6
metres wide for two-way traffic.
6.5
ROUNDING
1. The number of parking spaces shall
be totalled for all uses on the property
before rounding is applied.
2. Rounding shall be to the nearest whole
number.
3. Rounding of numbers ending in exactly
one half of a space shall be rounded
down.
30
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Chapter 7 Permitted Use Tables
Use
RL
RM
MU
GC
PR
Ag
RR
Ind
Ins
WS
DW
Backyard Suite
PC
PC
PC
PC
-
PC
PC
-
-
-
PC
Boarding House
P
P
P
-
-
-
-
-
-
-
-
Dwelling, Duplex
P
P
P
-
-
-
P
-
-
-
-
Dwelling, Multi-unit
3 - 4 units
5 - 20 units
> 20 units
P
-
-
P
P
DA
P
P
DA
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Dwelling, Semi-detached
P
P
P
-
-
-
P
-
-
-
-
Dwelling, Single-unit
P
P
P
P
-
P
P
-
-
-
P
Dwelling, Townhouse
3 - 4 units
5 - 6 units
P
-
P
P
P
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Home-Based Business
PC
PC
PC
PC
-
PC
PC
-
-
-
PC
Manufactured Home Park
-
PC
-
-
-
-
PC
-
-
-
-
Nursing and Special Care
Homes
-
P
P
-
-
-
-
-
P
-
-
Residential Care Facility
-
P
P
-
-
-
-
-
P
-
-
Secondary Suite
PC
PC
PC
PC
-
PC
PC
-
-
-
PC
Short-Term Rental
P
P
P
P
-
P
P
-
-
-
P
Small Options Home
P
P
P
P
-
P
P
-
P
-
P
Temporary Housing for
Resource Workers
-
-
-
-
-
P
P
-
-
-
-
Tiny Home Community
-
PC
-
-
-
-
PC
-
-
-
-
Table 7.A Permitted Uses, Residential
7.1
PERMITTED MAIN USES
1. The main uses permitted in zone are indicated in Table 7.A and Table 7.B, subject to the
following scheme:
(a) Uses indicated with a "P" are permitted in the zone, subject to all applicable
requirements of this By-Law.
(b) Uses indicated with a "PC" are permitted in the zone, subject to all applicable
requirements of this By-Law and to use-specific requirements found either in Chapter
4 or in the specific chapter for that zone.
(c) Uses indicated with a "DA" are permitted by development agreement, subject to the
MPS policy indicated in the specific chapter for that zone.
(d) Uses indicated with a "-" are not permitted in that zone.
31
CHAPTER 7: Permitted Use Tables
Table 7.B Permitted Uses, Other
Use
RL
RM
MU
GC
PR
Ag
RR
Ind
Ins
WS
DW
Aggregate-related Industry
-
-
-
-
-
-
DA
PC
-
-
-
Agri-tourism
-
-
-
P
-
P
P
-
-
-
-
Agricultural-related Industry
-
-
-
P
-
P
P
-
-
-
-
Agricultural Uses
-
-
-
P
-
P
P
-
-
-
-
Animal Boarding Facilities
-
-
-
-
-
P
P
-
-
-
-
Animal Care
-
-
P
P
-
P
P
P
-
P
-
Aquaculture Operation
-
-
-
-
-
-
P
-
-
-
-
Automobile Body Shop
-
-
-
P
-
-
-
P
-
-
-
Automotive Repair Shop
-
-
P
P
-
-
-
P
-
-
-
Automobile Sales
-
-
-
P
-
-
-
P
-
-
-
Bakery
-
-
P
P
-
-
-
P
-
-
-
Campground
-
-
-
P
P
-
P
-
-
-
-
Car Wash
-
-
-
P
-
-
-
P
-
-
-
Catering
-
-
P
P
-
-
-
-
-
-
-
Cemetery
-
-
-
P
P
-
P
-
P
-
-
Commercial Livestock
Operations
-
-
-
-
-
PC
-
-
-
-
-
Commercial Recreation
Indoor
Outdoor
-
-
-
-
P
-
P
P
P
P
-
-
-
P
-
-
-
-
-
-
-
-
Community Centre
-
P
P
P
P
P
P
-
P
-
P
Community Gardens
P
P
P
P
P
P
P
-
P
P
P
Conservation Uses
P
P
P
P
P
P
P
P
P
P
P
Construction Supply Yards
-
-
-
P
-
-
-
P
-
-
-
Craft Beverage Facility
-
-
P
P
-
P
P
P
-
-
-
Craft Product Workshop
-
-
P
P
-
P
P
P
-
-
-
Cultural Facilities
-
-
P
P
P
-
P
-
P
P
-
Daycare
-
P
P
P
-
-
-
-
P
-
-
Education Facilities, Private
-
-
P
P
-
-
-
P
-
P
-
Education Facilities, Public
-
-
P
P
-
-
-
-
P
-
-
Emergency Services
-
-
P
P
-
-
P
P
P
-
-
32
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Use
RL
RM
MU
GC
PR
Ag
RR
Ind
Ins
WS
DW
Farm Market
-
-
P
P
-
P
P
-
-
-
-
Financial Institutions
-
-
P
P
-
-
-
-
-
-
-
Forestry-related Industry
-
-
-
PC
-
PC
PC
PC
-
-
-
Funeral Home
-
-
P
P
-
-
-
-
P
-
-
Garden and Nursery
Supplies and Sales
-
-
-
P
-
-
-
P
-
-
-
Gas Station
-
-
P
P
-
-
-
P
-
-
-
Homestead Livestock
PC
PC
PC
PC
-
PC
PC
-
PC
-
-
Hospital
-
-
P
-
-
-
-
-
P
-
-
Hotels, Motels, Inns, and
Tourist Cottages
-
-
P
P
-
-
-
-
-
-
-
Industrial, Heavy
-
-
-
-
-
-
-
P
-
-
-
Industrial, Light
-
-
-
P
-
-
P
P
-
-
-
Laundromat
-
-
P
P
-
-
-
-
-
-
-
Licensed Liquor
Establishment
-
-
-
P
-
-
-
-
-
-
-
Marinas and Wharves
-
-
P
P
-
-
P
P
-
P
-
Marine Facilities
-
-
-
-
-
-
-
P
-
-
-
Marine-related Uses
PC
PC
PC
P
-
-
PC
P
-
P
-
Medical Clinics
-
-
P
P
-
-
-
-
P
-
-
Offices and Professional
Services
-
-
P
P
-
-
-
-
-
P
-
Parks and Outdoor
Recreation
P
P
P
P
P
P
P
P
P
P
P
Personal Services
-
-
P
P
-
-
-
-
-
-
-
Places of Assembly
-
-
P
P
-
-
-
-
P
P
-
Places of Worship
P
P
P
P
P
P
P
-
P
-
-
Playground
P
P
P
P
P
P
P
P
P
P
-
Post Office
P
P
P
P
-
P
P
P
P
-
-
Recreation Centre
P
P
P
P
P
P
P
P
P
P
-
Restaurant
-
-
P
P
-
PC
-
-
-
-
-
33
CHAPTER 7: Permitted Use Tables
Use
RL
RM
MU
GC
PR
Ag
RR
Ind
Ins
WS
DW
Retail Store
-
-
P
P
-
-
-
-
-
-
-
Salvage and Scrap Yards
-
-
-
-
-
-
-
P
-
-
-
Service Shop
-
-
P
P
-
-
-
P
-
-
-
Small Engine Service and
Repair
-
-
-
P
-
-
-
P
-
-
-
Solar Farm
-
-
-
-
-
-
P
P
-
-
-
Trails
P
P
P
P
P
P
P
P
P
P
P
Waste Management Facility
-
-
-
-
-
-
-
P
-
-
-
Wind Turbine
Large Scale
Small Scale
-
PC
-
PC
-
PC
-
PC
-
PC
-
PC
DA
PC
DA
PC
-
PC
-
PC
-
PC
34
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
8.1
INTENT
The Low Density Residential Zone (RL) is intended to permit a range of lower-density residential
uses and related community amenities.
8.2
DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the RL Zone subject to
the indicated Municipal Planning Strategy policy:
8.3
BUILT FORM STANDARDS
1. See Table 8.A for all built form standards in the RL Zone.
8.4
MARINE-RELATED USES
1. The storage and maintenance of vessels and gear related to the fishery is permitted
as an accessory use in the Low Density Residential Zone, subject to the following
requirements:
(a) The use shall meet the minimum front setback for main uses.
Chapter 8 Low Density Residential
(RL) Zone
35
CHAPTER 8: Low Density Residential(RL) Zone
Table 8.A RL Zone Built Form Standards
Semi-detached,
Duplex, and
Townhouse
Dwellings
Multi-unit
Dwellings
All Other
Permitted Uses
Minimum Lot Area
Sewer-serviced
Unserviced
140 sqm/unit
2,700 sqm
560 sqm
2,700 sqm
560 sqm
2,700 sqm
Minimum Lot Frontage
9 m/end unit
6 m/centre unit
24 m
18 m
Minimum Front Setback
6 m
6 m
6 m
Minimum Flankage Setback
4 m
4 m
4 m
Minimum Rear Setback
Main Buildings
Accessory Buildings
6 m
1.3 m
8 m
1.3 m
6 m
1.3 m
Minimum Side Setback
Main Buildings
Accessory Buildings
3 m
1.3 m
6 m
1.3 m
3 m
1.3 m
Maximum Building Height
Main Buildings
Accessory Buildings
3-Storeys
8 m
3-Storeys
8 m
3-Storeys
8 m
Maximum Lot Coverage
50%
35%
35%
RL
36
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Chapter 9 Medium Density Residential
(RM) Zone
9.1
INTENT
The Medium Density Residential Zone (RM) is intended to permit a range of low and medium
density residential development and related community amenities.
9.2
DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the RM Zone subject to
the indicated Municipal Planning Strategy policy:
(a) Multi-unit dwellings larger than 20 dwelling units - MPS Policy 3-45: Higher Density
Residential by Development Agreement
9.3
BUILT FORM STANDARDS
1. See Table 9.A for all built form standards in the RM Zone.
9.4
MARINE-RELATED USES
1. The storage and maintenance of vessels and gear related to the fishery is permitted
as an accessory use in the Medium Density Residential Zone, subject to the following
requirements:
(a) The use shall meet the minimum front setback for main uses.
37
CHAPTER 9: Medium Density Residential(RM) Zone
Table 9.A RM Zone Built Form Standards
Semi-detached,
Duplex, and
Townhouse
Dwellings
Multi-unit
Dwellings
All Other
Permitted Uses
Minimum Lot Area
Sewer-serviced
Unserviced
140 sqm/unit
2,700 sqm
560 sqm
2,700 sqm
560 sqm
2,700 sqm
Minimum Lot Frontage
9 m/end unit
6 m/centre unit
24 m
18 m
Minimum Front Setback
4.5 m
4.5 m
4.5 m
Minimum Flankage Setback
4 m
4 m
4 m
Minimum Rear Setback
Main Buildings
Accessory Buildings
6 m
1.3 m
8 m
1.3 m
6 m
1.3 m
Minimum Side Setback
Main Buildings
Accessory Buildings
3 m
1.3 m
6 m
1.3 m
3 m
1.3 m
Maximum Building Height
Main Buildings
Accessory Buildings
3-Storeys
8 m
3-Storeys
8 m
3-Storeys
8 m
Maximum Lot Coverage
50%
40%
40%
RM
38
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
10.1 INTENT
The Mixed Use Zone (MU) is intended to permit a wide range of commercial and service uses
as well as residential mixed-use development and multi-unit development.
10.2 DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the MU Zone subject to
the indicated Municipal Planning Strategy policy:
(a) Multi-unit dwellings larger than 20 dwelling units - MPS Policy 3-45: Higher Density
Residential by Development Agreement
10.3 BUILT FORM STANDARDS
1. See Table 10.A for all built form standards in the MU Zone.
10.4 MARINE-RELATED USES
1. The storage and maintenance of vessels and gear related to the fishery is permitted as
an accessory use in the Mixed Use Zone, subject to the following requirements:
(a) The use shall meet the minimum front setback for main uses.
10.5 COMMERCIAL FLOOR AREA
1. New buildings or expansions to existing buildings in the MU Zone shall be limited to a
commercial floor area of 112 square metres.
2. Notwithstanding 10.5.1, larger commercial floor areas may be considered by
development agreement in the MU Zone subject to MPS Policy 3-47: Large Commercial
by Development Agreement.
Chapter 10 Mixed Use (MU) Zone
39
CHAPTER 10: Mixed Use (MU) Zone
Table 10.A Built Form Standards; MU Zone
Residential Uses
All Other Permitted Uses
Minimum Lot Area
Sewer-serviced
Unserviced
400 sqm
2,700 sqm
400 sqm
2,700 sqm
Minimum Lot Frontage
8 m
8 m
Minimum Front Setback
2 m
2 m
Minimum Flankage Setback
3 m
3 m
Minimum Rear Setback
Main Buildings
Accessory Buildings
2 m
1.3 m
3 m
1.3 m
Minimum Side Setback
Main Buildings
Accessory Buildings
0 m
1.3 m
3 m abutting residential uses,
0 m elsewhere
1.3 m
Maximum Building Height
Main Buildings
Accessory Buildings
5-Storeys
8 m
5-Storeys
8 m
Minimum Upper Floor
Stepback
3 m
3 m
Maximum Lot Coverage
100%
100%
MU
40
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Chapter 11 General Commercial (GC) Zone
11.1
INTENT
The General Commercial Zone (GC) is intended to permit a range of commercial and
community uses, as well as a very limited range of residential uses.
11.2 DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the GC Zone subject to
the indicated Municipal Planning Strategy policy:
(a) None.
11.3 BUILT FORM STANDARDS
See Table 11.A for all built form standards in the GC Zone.
11.4 COMMERCIAL FLOOR AREA
1. New buildings or expansions to existing buildings in the GC Zone shall be limited to a
commercial floor area of 600 square metres.
2. Notwithstanding 11.4.1, larger commercial floor areas may be considered by
development agreement in the GC Zone subject to MPS Policy 3-49: Large commercial
by development agreement.
11.5 FORESTRY-RELATED INDUSTRY USES
1. Forestry-related industry uses shall provide:
(a) a minimum 150 metres separation distance from existing off-site dwellings;
(b) a minimum 50 metres separation distance from any RL zone;
(c) a minimum 100 metres separation distance from any watercourse; and
(d) a minimum 100 metres separation distance from any off-site wells.
41
CHAPTER 11: General Commercial (GC) Zone
Table 11.A Built Form Standards; GC Zone
Residential Uses
Campgrounds
All Other
Permitted Uses
Minimum Lot Area
Sewer-serviced
Unserviced
300 sqm
2,700 sqm
10,000 sqm
10,000 sqm
300 sqm
2,700 sqm
Minimum Lot Frontage
11 m
30 m
15 m
Minimum Front Setback
4.5 m
4.5 m
4.5 m
Minimum Flankage Setback
4 m
4 m
4 m
Minimum Rear Setback
Main Buildings
Accessory Buildings
4 m
1.3 m
10 m
5 m
4 m
1.3 m
Minimum Side Setback
Main Buildings
Accessory Buildings
3 m
1.3 m
10 m
5 m
3 m
1.3 m
Maximum Building Height
Main Buildings
Accessory Buildings
3-Storeys
8 m
3-Storeys
8 m
3-Storeys
8 m
Maximum Lot Coverage
40%
40%
40%
GC
42
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
12.1 INTENT
The Parks and Recreation Zone (PR) is intended to permit a range of park and open space
uses on green space areas such as community gardens, trails, sports fields, and parks.
Residential uses are not permitted in this zone.
12.2 DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the PR Zone subject to
the indicated Municipal Planning Strategy policy:
(a) None.
12.3 BUILT FORM STANDARDS
See Table 12.A for all built form standards in the PR Zone.
Chapter 12 Parks and Recreation (PR) Zone
43
CHAPTER 12: Parks and Recreation (PR) Zone
Table 12.A Built Form Standards; PR Zone
PR
Campgrounds
All Other Permitted Uses
Minimum Lot Area
Sewer-serviced
Unserviced
10,000 sqm
10,000 sqm
No minimum
No minimum
Minimum Lot Frontage
30 m
No minimum
Minimum Front Setback
4.5 m
4.5 m
Minimum Flankage Setback
4 m
4 m
Minimum Rear Setback
Main Buildings
Accessory Buildings
10 m
5 m
4 m
4 m
Minimum Side Setback
Main Buildings
Accessory Buildings
10 m
5 m
2 m
2 m
Maximum Building Height
Main Buildings
Accessory Buildings
3-Storeys
8 m
3-Storeys
8 m
Maximum Lot Coverage
40%
35%
44
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
13.1 INTENT
The Agriculture Zone (Ag) is intended to preserve agricultural farmland while preventing its
conversion to other forms of development.
13.2 DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the Ag Zone subject to
the indicated Municipal Planning Strategy policy:
(a) None.
13.3 BUILT FORM STANDARDS
1. See Table 13.A for all built form standards in the Ag Zone.
13.4 COMMERCIAL LIVESTOCK OPERATIONS
1. Commercial livestock operations, including waste storage, shall provide:
(a) a minimum of 300 metres separation distance from existing off-site dwellings; and
(b) a minimum of 50 metres separation distance from watercourses and off-site wells.
2. Notwithstanding side setback requirements of Table 13.A, the minimum side setback
shall be reduced to zero for side lot lines between lots held in common ownership.
13.5 FORESTRY-RELATED INDUSTRY USES
1. Forestry-related industry uses shall provide:
(a) a minimum 150 metres separation distance from existing off-site dwellings;
(b) a minimum 50 metres separation distance from any RL zone;
(c) a minimum 100 metres separation distance from any watercourse; and
(d) a minimum 100 metres separation distance from any off-site wells.
13.6 RESTAURANTS
Chapter 13 Agriculture (Ag) Zone
45
CHAPTER 13: Agriculture (Ag) Zone
Table 13.A Built Form Standards; Ag Zone
Ag
Commercial Livestock
Operations
All Other Permitted Uses
Minimum Lot Area
3,700 sqm
3,700 sqm
Minimum Lot Frontage
50 m
30 m
Minimum Front Setback
50 m
10 m
Minimum Flankage Setback
50 m
10 m
Minimum Rear Setback
30.5 m
10 m
Minimum Side Setback
15 m
2 m
Maximum Building Height
3-Storeys
3-Storeys
Maximum Lot Coverage
30%
30%
1. Restaurants in the Agriculture Zone shall be limited to a commercial floor area of 50
square metres.
13.7 SPECIAL REQUIREMENTS
1. The removal of topsoil within this zone is not permitted, unless removed from lots
approved for non-agricultural development or sod or peat production.
2. All outdoor livestock shall be fenced.
46
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
14.1 INTENT
The Rural Resource Zone (RR) is intended to accommodate resource-based industries and
rural living.
14.2 DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the RR Zone subject to
the indicated Municipal Planning Strategy policy:
(a) Aggregate-related Industry - MPS Policy 3-52: Aggregate-related industry; and
(b) Large-scale Wind Turbines - MPS Policy 3-19: Wind turbines by development
agreement.
14.3 MARINE-RELATED USES
1. The storage and maintenance of vessels and gear related to the fishery is permitted as
an accessory use in the Rural Resource Zone, subject to the following requirements:
(a) The use shall meet the minimum front setback for main uses.
2. Aquaculture industrial uses shall be subject to the following requirements:
(a) No hatchery, tank, or processing operation which exceeds 3000 square metres of
gross floor area, shall be located:
i)
less than 15 metres from any side or rear lot line;
ii)
less than 30 metres from any dwelling or potable water supply except a
dwelling or supply on the same lot or directly related to the aquaculture
industrial use; or
iii)
less than 1,000 metres (1 kilometre) from any residential or mixed use zone.
14.4 FORESTRY-RELATED AND AGGREGATE-RELATED INDUSTRY USES
1. Forestry-related industry uses and aggregate-related industry uses shall provide:
(a) a minimum 150 metres separation distance from existing off-site dwellings;
(b) a minimum 50 metres separation distance from any RL zone;
(c) a minimum 100 metres separation distance from any watercourse; and
(d) a minimum 100 metres separation distance from any off-site wells.
Chapter 14 Rural Resource (RR) Zone
47
CHAPTER 14: Rural Resource (RR) Zone
14.5 BUILT FORM STANDARDS
See Table 14.A for all built form standards in the RR Zone.
Table 14.A Built Form Standards; RR Zone
RR
Campgrounds
All Other Permitted Uses
Minimum Lot Area
Sewer-serviced
Unserviced
10,000 sqm
10,000 sqm
2,700 sqm
2,700 sqm
Minimum Lot Frontage
30 m
30 m
Minimum Front Setback
4.5 m
10 m
Minimum Flankage Setback
4 m
10 m
Minimum Rear Setback
Main Buildings
Accessory Buildings
10 m
5 m
10 m
10 m
Minimum Side Setback
Main Buildings
Accessory Buildings
10 m
5 m
2 m
2 m
Maximum Building Height
Main Buildings
Accessory Buildings
3-Storeys
8 m
3-Storeys
8 m
Maximum Lot Coverage
40%
30%
48
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
15.1 INTENT
The Industrial Zone (Ind) is intended to accommodate industrial uses like processing facilities,
quarries and mines, marine facilities, power generation facilities, and waste management areas
while ensuring adequate setbacks and buffers for residential uses.
15.2 DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the Ind Zone subject to
the indicated Municipal Planning Strategy policy:
(a) Large-scale Wind Turbines - MPS Policy 3-19: Wind turbines by development
agreement.
15.3 ABUTTING A RESIDENTIAL ZONE
1. Where any Industrial zone lot abuts any Residential zone, the following restrictions shall
apply:
(a) No open storage or display shall be permitted within 10 metres of a side or rear lot
line.
(b) No parking space shall be permitted within 6 metres of a side or rear lot line.
(c) Obnoxious uses (by reason of sound, odour, dust, fumes or smoke, or obnoxious
emission) or unsightly open storage facilities shall increase the abutting side or rear
yard setback to 30 metres from abutting residential zones and a no-cut vegetation
buffer of no less than 10 metres shall be preserved.
15.4 FORESTRY-RELATED AND AGGREGATE-RELATED INDUSTRY USES
1. Forestry-related and aggregate-related industry uses shall provide:
(a) a minimum 150 metres separation distance from existing off-site dwellings;
(b) a minimum 50 metres separation distance from any RL zone;
(c) a minimum 100 metres separation distance from any watercourse; and
(d) a minimum 100 metres separation distance from any off-site wells.
15.5 BUILT FORM STANDARDS
See Table 15.A for all built form standards in the Ind Zone.
Chapter 15 Industrial (Ind) Zone
49
CHAPTER 15: Industrial (Ind) Zone
Table 15.A Built Form Standards; Ind Zone
Ind
All Permitted Uses
Minimum Lot Area
4,000 sqm
Minimum Lot Frontage
50 m
Minimum Front Setback
10 m
Minimum Flankage Setback
10 m
Minimum Rear Setback
6 m for rear yards abutting properties in Ind or RR Zones
20 m otherwise
Minimum Side Setback
6 m for rear yards abutting properties in Ind or RR Zones
20 m otherwise
Maximum Building Height
5-Storeys
Maximum Lot Coverage
30%
50
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Chapter 16 Institutional (Ins) Zone
16.1 INTENT
The Institutional Zone (Ins) is to permit a range of institutional uses such as churches and public
government facilities.
16.2 DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the Ins Zone subject to
the indicated Municipal Planning Strategy policy:
(a) None.
16.3 BUILT FORM STANDARDS
See Table 16.A for all built form standards in the Ins Zone.
51
CHAPTER 16: Institutional (Ins) Zone
Table 16.A Built Form Standards; Ins Zone
Ins
All Permitted Uses
Minimum Lot Area
Sewer-serviced
Unserviced
560 sqm
2,600 sqm
Minimum Lot Frontage
18 m
Minimum Front Setback
4.5 m
Minimum Flankage Setback
4 m
Minimum Rear Setback
6 m
Minimum Side Setback
3 m
Maximum Building Height
Main Buildings
Accessory Buildings
3-Storeys
8 m
Maximum Lot Coverage
40%
52
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Chapter 17 Whale Sanctuary (WS) Zone
17.1 INTENT
The Whale Sanctuary Zone (WS) is intended to permit operations pertinent to the Whale
Sanctuary Project on properties located next to Barrachois Cove, Wine Harbour.
17.2 DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the WS Zone subject to
the indicated Municipal Planning Strategy policy:
(a) None.
17.3 BUILT FORM STANDARDS
See Table 17.A for all built form standards in the WS Zone.
53
CHAPTER 17: Whale Sanctuary (WS) Zone
Table 17.A Built Form Standards; WS Zone
WS
All Permitted Uses
Minimum Lot Area
No minimum
Minimum Lot Frontage
No minimum
Minimum Front Setback
4.5 m
Minimum Flankage Setback
4 m
Minimum Rear Setback
4 m
Minimum Side Setback
2 m
Maximum Building Height
3-Storeys
Maximum Lot Coverage
35%
54
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Chapter 18 Drinking Water (DW) Zone
18.1 INTENT
The Drinking Water Zone (DW) is intended to protect municipal water supplies from
contamination related to development.
18.2 DEVELOPMENT AGREEMENT POLICIES
1. The following uses are permitted by development agreement in the DW Zone subject to
the indicated Municipal Planning Strategy policy:
(a) None.
18.3 BUILT FORM STANDARDS
See Table 18.A for all built form standards in the DW Zone.
55
CHAPTER 18: Drinking Water (DW) Zone
Table 18.A Built Form Standards; DW Zone
DW
All Permitted Uses
Minimum Lot Area
3,700 sqm
Minimum Lot Frontage
30 m
Minimum Front Setback
10 m
Minimum Flankage Setback
10 m
Minimum Rear Setback
10 m
Minimum Side Setback
2 m
Maximum Building Height
3-Storeys
Maximum Lot Coverage
20%
56
MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Chapter 19 Definitions
ACCESSORY
BUILDING
means a separate building located on the same lot as the main building
or principal use, and of a nature customarily and clearly subordinate and
incidental to the main building or main use of land, but does not include
a building attached in any way to the main building, or a building located
completely underground.
ACCESSORY
STRUCTURE
means a separate structure located on the same lot as the main building
or principal use, and of a nature customarily and clearly subordinate and
incidental to the main building or main use of land, but does not include
a structure attached in any way to the main building, or a structure
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 building
and located on the same lot.
ACT
unless otherwise specified, means the Municipal Government Act and
amendments thereto.
AGGREGATE
RELATED
INDUSTRIES
means buildings, structures, land, or part thereof, used for aggregate
processing, storage, and related uses including, but not limited to,
asphalt processing, concrete batching and component manufacturing,
sand pit operations, and mineral bulk storage.
AGRI-TOURISM
means the use of land, buildings, or structures for tourism activities
related to on-site agricultural activities, such as u-picks or hay rides.
AGRICULTURAL-
RELATED
INDUSTRY
means the use of land, buildings, or structures for processing and
storage of agricultural crops; fertilizer production; veterinary care for
livestock; on-farm brewing, wine-making, and similar uses; and the sale
of farm produce to the general public.
AGRICULTURAL
USES
means the use of land and buildings for growing, rearing, producing
or harvesting agricultural crops, bee keeping, and/or animal pasturing,
but excludes buildings for the raising or overnight accommodation of
livestock, which is covered by the definitions of homestead livestock and
commercial livestock operation.
ALTER
means to change a structural component of a building, or to increase or
decrease the volume of a building or structure.
For the purpose of this By-Law, all words shall carry their customary meaning except for those
defined hereafter. The words listed below shall have the meanings as defined herein.
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CHAPTER 19: Definitions
ANIMAL
BOARDING
FACILITIES
means a facility that provides overnight boarding for domestic pets or
holds or boards seized, surrendered, abandoned, or lost domestic pets
(e.g. dogs, cats, birds), but does not include livestock.
ANIMAL CARE
means the use of land, buildings, or structures for the care of domestic
animals and includes veterinary care, grooming, and day care but does
not include the breeding of animals or overnight boarding.
ANIMAL UNIT
means one or more animals as determined using the following chart.
Juvenile animals shall not be counted. Agricultural animals not listed in
the table shall be counted as the most similar type of animal in terms of
size and characteristics:
Type of Livestock
Number of Livestock, or Part Thereof, Equal
to One Animal Unit
Cattle
1
Emu
1
Horse
1
Llama
1
Hogs
2
Goats
4
Sheep
4
Mink
10
Poultry
25
Rabbits
25
AQUACULTURE
INDUSTRY
means the use of land, buildings and structures for the breeding,
hatching and cultivation of aquatic flora and fauna and may include
the processing, storage, and sale of any species raised in captivity
as well as the construction, maintenance, and storage of materials,
gear, equipment, and transportation devices necessary to sustain the
aquaculture operation.
ART GALLERY /
STUDIO
means a building, place, or area where paintings, sculptures, or other
works of art are produced, exhibited, and/or sold.
AUTOMOBILE
BODY SHOP
means a building or premises used primarily for the commercial repair
of damage to the chassis of an automobile, including major and minor
collision damage, frame and panel straightening, repainting and
refinishing and similar activity.
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MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
AUTOMOBILE
REPAIR SHOP
means a building or part of a building used for the repair and service
of motor vehicles and may include muffler, brake, radiator, engine, tire,
glass replacement, wheel alignment, and other specialized activities
directly related to the repair or alteration of motor vehicles, but shall not
include paint and body repairs, the manufacture or fabrication of motor
vehicle parts for the purpose of sale, or the retailing of gasoline or other
fuels.
AUTOMOBILE
SALES
means the sale and/or rental of passenger vehicles, trucks, vans,
motorcycles, snowmobiles, tent and holiday trailers, boats or other
recreational vehicles or craft, and includes supplementary vehicle
maintenance, sale of vehicle parts and accessories, and dispensing of
motor fuel to vehicles owned or rented by the vehicle sales and rental
service.
BASEMENT
means that portion of a building below the ground floor which is all or
partly underground and which has at least ½ its height from ground floor
to the first floor joists above established grade.
BED &
BREAKFAST
means a single-unit dwelling in which there is a resident owner or
resident manager who provides overnight accommodation to the
traveling public and provides at least one meal (usually breakfast,
but occasionally other meals as well) to overnight guests. The bed &
breakfast use shall not include provision of meals to non-guests.
BOARDING OR
ROOMING HOUSE
means a dwelling in which the proprietor supplies either room or room
and board for monetary gain, with more than three but not more than six
rooms, and which is not open to the general public.
BUILDING
means any structure, whether temporary or permanent, that is roofed
and that is used or built for the shelter, accommodation, or the enclosure
of persons, animals, materials, or equipment but does not include
frames for sheltering crops or containers originally designed for use as a
means of storing and transporting cargo via ship, rail, air or truck.
BUILDING &
CONSTRUCTION
CONTRACTOR
means the use of buildings or land for the storage of materials and small
tools in support of a building and construction-related trade such as, but
not limited to, carpenters, electricians, masons, and plumbers, but does
not include the storage of heavy equipment.
BUILDING
OFFICIAL
is the official tasked by Council with ensuring buildings meet the
Building Code requirements.
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CHAPTER 19: Definitions
BUSINESS OR
PROFESSIONAL
OFFICE
means the use of a building or portion of a building where business
may be transacted, a service performed, or consultation given, and
includes but is not limited to lawyers, architects, engineers, planners,
accountants, real estate agents, and photographers but shall not include
any place where manufacturing of any product or selling of goods is
carried on.
CAMPGROUND
means the use of land, or part thereof, for providing an overnight
camping experience in tents, yurts, bunkies, travel trailers, recreational
vehicles, campers, and similar structures and/or vehicles, where the
number of camping sites and/or recreational vehicles parked for the
purposes of providing accommodations (combined) exceeds two. For
greater clarity, and without limiting the generality of the foregoing, uses
accessory to a campground may include convenience stores, laundries,
take-out restaurants, recreational facilities, halls, and management
offices provided such uses are for the exclusive use of campground
patrons.
CEMETERY
means the land used for the burial of the dead and related purposes,
such as a columbaria and mausoleums, and excludes a crematorium
use, which is included in the definition of funeral home.
COASTAL / TIDAL
means areas near the coast that are influenced by tides to the mean
high water mark.
COMMERCIAL
LIVESTOCK
OPERATION
means a livestock operation equal to more than 10 animal units and/or at
a density greater than 1 animal unit per 0.4 hectares of lot area.
COMMERCIAL
RECREATION,
INDOOR
means a building or part of a building used for commercial recreation
or entertainment purposes and, without limiting the generality of the
foregoing, may include such establishments as dance halls, cinemas,
billiard or pool halls, bowling alleys, indoor miniature golf courses, indoor
shooting ranges, indoor paintball fields, and bingo halls.
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MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
COMMERCIAL
RECREATION,
OUTDOOR
means the use of land for commercial recreation or entertainment
purposes together with necessary and accessory buildings and
structures and, without limiting the generality of the foregoing, may
include such establishments as golf courses, driving ranges, paintball
fields, drive-in movie theatres, outdoor miniature golf courses, ropes
courses, tennis clubs, and summer camps, but does not include
campgrounds, RV parks, outdoor shooting ranges, tracks for the racing
of animals or for the racing of any type of motor vehicle, or any use
that is obnoxious. For greater clarity, and without limiting the generality
of the foregoing, uses accessory to outdoor commercial recreation
may include uses such as, but not limited to, eat-in and take-out
restaurants; licensed liquor establishments; "pro shops" and other rental,
maintenance, and retail sales of equipment related to the recreation
activity; spas; child minding services; and staff accommodations.
COMMUNITY
CENTRE
means any tract of land, or building(s), 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, service
club, recreation association, or registered community association.
COMMUNITY
GARDEN
means a small-scale site that is operated by an individual or group, on
a non-profit basis, for the production of produce for personal use, for
donation to local food causes, and/or for generating revenue to reinvest
in the Community Garden; for the production of a floral or landscape
display; and/or for demonstration gardening or other related instructional
programming.
CONSERVATION
USES
means the use of land intended for the protection and preservation of
water, soil, plants, and animals.
CONVENIENCE
STORE
means a building or part of a building used for the retail sale of a limited
line of grocery and confectionery items, which serve the needs of the
local neighbourhood.
COUNCIL
means the Council of the Municipality of the District of St. Mary's.
CRAFT
BEVERAGE
FACILITY
means a place where craft beer, cider, and/or spirits are produced, and
may include the following:
MICRO
BREWERY
means a craft brewery where the primary business function is the
production and packaging of less than 15,000 hectolitres of beer per
year. The facility may include accessory sales, tours, tasting rooms and
customer seating areas.
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CHAPTER 19: Definitions
MICRO
DISTILLERY
means a craft distillery where the primary business function is the
production and packaging of less than 75,000 litres per year of liquor
and spirits, not including wine and beer. The facility may include
accessory sales, tours, tasting rooms and customer seating areas.
NANO
BREWERY
means a small capacity manufacturing facility where the primary
business function is the production of less than 2,000 hectolitres of beer,
ale, cider or other related beverages per year (non-distilled).
CRAFT PRODUCT
means products assembled or made by hand or small custom
production processes including but not limited to potters, pewterers,
goldsmiths, silversmiths, jewelers, toy makers, leather workers,
upholsterers, woodworkers, furniture makers, musical instrument makers,
clothing designers and makers, shoemakers, antique refinishers, glass
or stained glass workers, and caterers.
CRAFT PRODUCT
WORKSHOP
means a building or part of a building used by a trade, craft, or guild for
the manufacture of small quantities (including repair) of craft products,
for sale on or off premises, excluding the repair or manufacturing of
motor vehicles or their parts or accessories.
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.
DAYCARE
means a place where people are cared for without overnight
accommodation, but does not include a school.
DEVELOPMENT
means any erection, construction, alteration, placement, replacement,
location, relocation of, or addition to any structure and any change or
alteration in the use made of land or structures.
DEVELOPMENT
AGREEMENT
means a legal agreement between Council and a property owner
governing the use of the property owner's land, as enabled by the
Municipal Government Act and Municipal Planning Strategy, and
registered on title.
DEVELOPMENT
OFFICER
means the municipal officer appointed by Council to administer the Land
Use By-Law.
DERELICT MOTOR
VEHICLE
means a motor vehicle that is without (a) a valid Province of Nova Scotia
Vehicle Permit or (b) a valid safety inspection sticker, and not on display
on the business property of a licensed car dealership.
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MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
DWELLING
means a building or a part of a building occupied or capable of being
occupied as a home or residence by one or more persons, containing
one or more dwelling units, and shall include a manufactured home but
shall not include a fixed-roof overnight accommodation or recreational
vehicle.
DWELLING,
ACCESSORY
means a subservient dwelling either located within a single-unit dwelling
(secondary suite) or in a building on a lot with a single-unit dwelling
(backyard suite).
DWELLING,
DUPLEX
means a building that is divided horizontally into two dwelling units, each
of which have an independent entrance either directly from outside the
building or through a common vestibule.
Unit 1
Unit 2
Figure 19.A Horizontally-divided Duplex Dwelling Example
DWELLING,
MULTI-UNIT
means a dwelling containing three or more dwelling units, but does not
include a townhouse dwelling.
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CHAPTER 19: Definitions
DWELLING,
SEMI-
DETACHED
means a building that is divided vertically into two dwelling units by a
solid common wall, each of which has an independent entrance either
directly or through a common vestibule.
Unit 2
Unit 1
Figure 19.B Semi-Detached Dwelling Example
DWELLING,
SINGLE-UNIT
means a dwelling containing one dwelling unit or one dwelling unit and
an accessory dwelling.
DWELLING,
TOWNHOUSE
means a dwelling divided vertically into three to six dwelling units, each
of which has independent entrances to a front and rear yard immediately
abutting the front and rear walls of each dwelling unit.
Unit 2
Unit 3
Unit 1
Figure 19.C 3-Unit Townhouse Example
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MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
DWELLING UNIT
means one or more habitable rooms within a dwelling designed,
occupied, or intended for use by one or more individuals as an
independent and separate housekeeping establishment in which
cooking, sleeping, and sanitary facilities are provided for the exclusive
use of such individual or individuals.
FARM MARKET
means the use of land, buildings, structures, or part thereof for the
purpose of selling seasonal fresh produce, meat, fish, craft products,
and ready-to-eat food by independent vendors.
FLANKAGE YARD
means, on a corner lot, that yard extending across the full width of the
lot and fronting on a roadway which is not the roadway along which the
front yard extends.
FLOOR AREA
means the maximum area contained within the outside walls of a
dwelling, or where more than one unit is contained within a building
means the maximum area contained within the finished wall surfaces of
an individual dwelling unit, and excludes any garage, porch, veranda,
sunroom, unfinished attic or basement or other room not habitable at all
seasons of the year.
COMMERCIAL
FLOOR AREA
means the total usable floor area within a building used for commercial
purposes but excludes furnace and utility rooms, and common malls
between stores.
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 floor level, and for the purpose of this definition, the walls
forming a courtyard shall be deemed to be exterior walls.
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
INDUSTRIES
means commercial silviculture and the production of timber or pulp and
uses associated with the forestry industry, including saw mills, maple
sugaring operations, Christmas tree u-picks, shingle mills, forestry
vehicle and equipment storage, maintenance buildings and yards, and
wholesale outlets for wood and wood products.
FOWL
means birds of the order Galliformes. This order includes, but is not
limited to, chickens, turkeys, guineafowl, pheasants, grouse, peafowl,
partridges, and quail.
FUNERAL HOME
means a building used for the preparation, temporary display, and/
or funeral ceremony of deceased persons or domestic pets and may
include a crematorium.
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CHAPTER 19: Definitions
FRONTAGE
see "Lot Frontage".
FRONT YARD
means a yard extending across the full width of a lot between the front
lot line and the nearest wall of any main building or structure on the lot.
GAS STATION
means a building or part of a building or a clearly defined space on
a lot used for the retail sale of lubricating oils and gasoline and may
include the sale of automobile accessories and the servicing and minor
repairing essential to the actual operation of motor vehicles and may
include an automobile car wash.
HABITABLE
SPACE
means an enclosed area of a building designed and/or used for any
purpose other than parking of vehicles (including boats), building
access, parks and conservation uses, or commercial/industrial storage.
HEIGHT
when applied to a building, means the vertical distance between the
highest point of the roof and the mean grade of the surface of all the
streets adjoining the building, or the mean grade of the natural ground
so adjoining if such grade is not below the grade of the surface. If a
development fronts on two streets, the lower streetline grade of the two
streets will be used for the mean grade calculation. Basements are not
counted in the calculation of building height, provided they are below the
streetline grade.
Buildings longer than 50m of frontage may 'step-up' the grade provided
that no more than 12.5m are exposed at the streetline at any given time.
HOMESTEAD
LIVESTOCK
means the use of land, buildings, or part thereof for keeping 10 or fewer
animal units (see definition of 'Commercial Livestock Operation').
INDUSTRIAL USE
means the use of a building or part thereof, or the use of land for the
manufacturing, processing, fabrication or assembly of raw materials or
goods, warehousing, or bulk storage of goods, equipment, and machine
servicing and related accessory uses.
HEAVY
INDUSTRIAL
USE
means the use of land or buildings for manufacturing, assembly, and/
or processing and which use may be located in whole or in part to the
exterior of the building and which use, by the nature of its operation
may cause land use conflicts. This definition shall not include marine
industrial uses but shall include, but is not limited to, explosives,
petrochemical, coke, or paint plants; rendering or poultry plants;
tanneries; abattoirs; refineries; or industrial cleaners.
LIGHT
INDUSTRIAL
USE
means an industrial use that is fully contained within a building and
which is not obnoxious.
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MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
JUVENILE ANIMAL means an animal in the suckling, weaning, or post weaning period.
LARGE-SCALE
WIND TURBINE
means a structure for converting the kinetic energy of the wind into
mechanical or electrical energy and exceeding 60 metres in height or
having a generating capacity of more than 100 kilowatts (kW).
LICENSED
LIQUOR
ESTABLISHMENT
means a cabaret, lounge, beverage room, and/or bar licensed under the
Nova Scotia Liquor Control Act or successor legislation.
LOADING SPACE
means a vacant area of land provided and maintained upon the same
lot or lots upon which the principal use is located on, which: a) is
suitable for the temporary parking of one commercial motor vehicle
while merchandise or materials are being loaded or unloaded from
such vehicle and such parking shall not be for the purpose of sale or
display, b) is not upon or partly upon any street, or highway; and c) has
adequate access to permit ingress and egress by means of driveways,
aisles, maneuvering areas or similar areas, not part of which shall be
used for the temporary parking or storage of one or more motor vehicles.
LOT
means a parcel of land described in a deed as a lot or as shown as an
approved lot on a registered plan of subdivision.
CORNER LOT
means a lot situated at the intersection of and abutting on two or more
streets.
FLAG LOT
means a lot characterized by its location of the main body of the lot
generally at the rear of another lot, or otherwise separated from the
street that provides access by a narrower prolongation extending from
the main portion of the lot to the street. A flag lot generally resembles
a flag on a pole in the case of a rectangular layout, or the main body
of the lot with an umbilical prolongation providing access in the case of
such a lot having irregular boundaries.
Flag Lot
Flag Lot
Figure 19.D Flag Lot Example
THROUGH LOT
means a lot bounded on both the rear and front by a street or highway.
LOT AREA
means the total horizontal area within the lot lines of a lot.
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CHAPTER 19: Definitions
LOT COVERAGE
means the percentage of the lot area covered by buildings and roofed
structures, and for the purpose of this definition eaves, cantilevers, or
other such projections of a roof shall be counted.
LOT FRONTAGE
means the horizontal distance between the side lot lines, such distance
being measured perpendicularly to the line joining the middle of the front
lot line with either the middle or the rear lot line or the apex of the triangle
formed by the side lot lines and at a point therein equal in distance to
the minimum applicable front yard. In the case of a corner lot with a
day lighting triangle, the exterior lot lines (street line) shall be deemed
to extend to their hypothetical point of intersection for the purpose of
calculating the frontage.
LOT LINE
means the boundary of a lot.
FRONT LOT
LINE
means the lot line separating a lot from a public or private road. Where a
lot abuts more than one road, the shortest such lot line shall be the front
lot line.
FLANKAGE
LOT LINE
means any lot line separating a lot from a public or private road and that
is not the front lot line.
REAR LOT
LINE
means the lot line farthest from the front lot line and that is not a flankage
lot line.
SIDE LOT LINE
means any lot line that is not a front, flankage, or rear lot line.
MAIN BUILDING
means the building in which is carried on the principal purpose for which
the lot is used.
MAIN USE
means the principal or primary purpose for which any building, structure
or land or any part thereof is designed, utilized, arranged, or intended,
or for which it may be constructed, used, occupied or maintained under
this By-Law, but shall not include any accessory use.
MANUFACTURED
HOME
means a single detached dwelling designed for transportation after
fabrication, on its own wheels or on that flatbed of a truck, and which
arrives at a site where it is to be occupied as a dwelling, complete and
ready for occupancy, except for minor and incidental unpacking and
assembling operations, and which is supported on site by wheels,
jacks, blocks, or a permanent foundation, and which may be connected
to utilities and sanitary services. A recreational vehicle shall not be
considered as a mobile home.
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MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
MANUFACTURED
HOME PARK
means two or more Manufactured Homes located on one lot.
Figure 19.E Manufactured Home Park Example
MARINE-RELATED
USES
means a use that is dependent upon access to or use of the Atlantic
Ocean, such as tugboat facilities, boat building facilities, ocean research
and development, and accessory uses to the forgoing.
MINISTER
means the Minister responsible for administering the Municipal
Government Act.
MUNICIPALITY
means the Municipality of the District of St. Mary's.
NURSING HOME
means a building wherein nursing care room and board are provided to
individuals incapacitated in some manner for medical reasons, but does
not include a hospital.
OBNOXIOUS
means a use that from its nature or operation creates a nuisance or
is offensive by the creation of noise or vibration; or by the emission of
gas, fumes, dust, or objectionable odour; or by the unsightly storage
of goods, wares, merchandise, salvage, refuse matter, waste, or other
material.
OFFICE
means a room or rooms, 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 retail selling of goods.
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CHAPTER 19: Definitions
PERSONAL
SERVICE
ESTABLISHMENT
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, and depots for collecting dry
cleaning and laundry, but excludes any manufacturing or fabrication of
goods for sale.
PARKS AND
OUTDOOR
RECREATION
means the use of land for passive recreation and landscaping features
and shall include, but is not limited to, greens, walking paths, play
structures, ponds, fountains, and dog parks.
PLACES OF
ASSEMBLY
means the use of land or buildings for civic or social gatherings and may
include, but is not limited to, halls and private clubs.
PLACE OF
WORSHIP
means a place dedicated to religious worship and may include, but is
not limited to, halls or auditoriums for religious gathering, accessory
office space for administrators, day nurseries operated for patrons, and
classroom space for religious instruction.
PRIVATE CLUB
means a building or part of a building used as a meeting place for
members of an organization and may include a lodge, a fraternity or
sorority house, and a labour union hall.
PRIVATE ROAD
means any road that is not owned by Municipality of the District of St.
Mary's or the N.S. Department of Public Works and for the purposes of
this By-Law this definition shall also include deeded rights-of-way.
PUBLIC ROAD
(OR PUBLIC
STREET OR
PUBLIC HIGHWAY)
means any street or highway owned and maintained by the Municipality
of the District of St. Mary's or the Department of Transportation and
Infrastructure Renewal including all deemed and common public
highways, and excluding designated controlled access highways
pursuant to the Public Highways Act.
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.
RECREATIONAL
USES
means the use of land for playgrounds, tennis courts, lawn bowling
greens, skating rinks, skateboard parks, athletic fields, picnic areas,
band shells, pavilions, swimming pools, day camps, community centres,
recreational boat launches, and similar uses to the foregoing, including
associated accessory buildings and structures, but excluding a track for
the racing of animals or any form of motorized vehicles.
RECREATIONAL
VEHICLE
means a van or utility vehicle used for recreational purposes, as
camping, and often equipped with living facilities.
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MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
REMAINDER
means the remaining portion(s) of an area of land for which no
subdivision approval is requested.
RESIDENTIAL
CARE FACILITY
means a family home, group care facility, or similar facility for the non-
medical care 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 drink is served to the
public for consumption within the building or for takeout but not for
consumption in parking areas appurtenant to the building.
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.
SALVAGE AND
SCRAP YARDS
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.
SECONDARY
SUITE
means a self-contained subordinate dwelling unit within a main dwelling
unit.
SERVICE SHOP
means a building or part thereof used for the sale or repair of household
articles, and shall include radio, television, and appliance repair shops
but shall not include industrial or manufacturing or motor vehicle repair
shops.
SETBACK
means the distance between the identified lot line and the nearest main
wall of any building or structure and extending the full width or length of
the lot. For a wind turbine, the setback is measured from the base of the
tower.
SHIPPING
CONTAINER
means a container originally designed for use as a means of storing and
transporting cargo via ship, rail, air or truck.
SHORT-TERM
RENTAL
means a fixed-roof overnight accommodation where guest sleeping
facilities are contained within one building on a lot and where the
facilities on the lot are only rented to one party at a time.
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CHAPTER 19: Definitions
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.
SMALL OPTIONS
HOME
means 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.
SMALL-SCALE
WIND TURBINE
means a structure for converting the kinetic energy of the wind into
mechanical or electrical energy, and not exceeding 60 metres in height,
and not having a generating capacity of more than 100 kilowatts (kW).
SOLAR
COLLECTOR
means a structure or array of structures, and ancillary equipment,
designed to collect solar radiation and convert it to usable 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 FARM
means a solar collector system with a nameplate capacity in excess of 1
megawatt.
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 story unless its ceiling is at least
six (6) feet above grade, and provided also that any portion of a storey
exceeding fourteen (14) feet in height shall be deemed an additional
storey for each fourteen (14) feet or fraction thereof of such excess.
STREET
means the whole and entire right-of-way of every highway, road or
road allowance vested in the Province of Nova Scotia or a private road
recognized by the Municipality.
STREET LINE
means the boundary line of a public street.
STRUCTURE
means anything that is erected, built, or constructed of parts joined
together, or any such erection fixed to or supported by the soil or by any
other structure. A structure shall include buildings, walls, and signs, and
also fences exceeding 1.8 metres in height.
SUPPORTING
STRUCTURE
of a wind turbine includes all structures accessory to the turbine itself,
including guy wires.
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MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
TINY HOME
means a dwelling that is less than 3 metres wide and has less than
37 square metres of floor area, and not installed on a permanent
foundation; and which is CSA approved for four-seasons or certified by
a Professional Engineer for year-round human habitation.
TINY HOME
COMMUNITY
means two or more tiny homes on one lot, and may include accessory
communal structures such as, but not limited to, maintenance sheds,
recreational facilities, and laundry facilities.
TOP OF BANK
means a point or line which is the beginning of a significant change in
the land surface, thence from which the land surface slopes downward
towards a water course. When two or more slopes are located together,
the slope that is highest and farthest away from the watercourse shall be
the slope considered for the top of bank.
WATERCOURSE
means any lake, river, stream, ocean or wetland.
WIND TURBINE
HEIGHT
means the distance from the base of the turbine to the farthest tip of a
rotor blade in a vertical position.
YARD
means an open uncovered space on a lot appurtenant to a building
(except a court) and unoccupied by buildings or structures except as
specifically permitted elsewhere in this By-Law. In determining yard
measurements, the minimum horizontal distance from the respective lot
lines to the building shall be used.
ZONE
means a designated area of land shown on Appendix 'A', the Zoning
Map, of this By-Law.
APPENDIX A - ZONING MAP
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MUNICIPALITY OF THE DISTRICT OF ST. MARY'S | LAND USE BY-LAW
Chapter 20 Appendices
APPENDIX 'A' - ZONING MAP
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CHAPTER A: Appendices
Development Permit
Fee Amount
Residential
$20.00 (non-refundable)
plus $0.10 per sqft
Commercial
$20.00 (non-refundable)
plus $0.14 per sqft
Accessory Buildings
$20.00 (non-refundable)
plus $0.04 per sqft
Alterations/Repairs in excess of $2,500
$20.00 (non-refundable)
plus $2.00 per
$1,000.000 value of
alterations & repairs
Alterations & Repairs or all other projects with a non-defined
floor space
$20.00 (non-refundable)
plus 2% of value
Permit Renewals
$20.00
Other
Fee Amount
Demolition Permits
$20.00
Subdivision Fee
$350
Every application for a Development Permit, subdivision, variance, site plan approval,
Municipal Planning Strategy and/or Land Use By-Law amendment(s) and development
agreement shall be subject to the fees as established in Schedule "A".
No Development Permit etc., will be issued until the Municipality has received the application
fees in full.
SCHEDULE A