Land Use By-law (MODY LUB, effective June 26 2025)
Yarmouth, Nova Scotia
· adopted 2025-06-26
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1
Municipality of the District of Yarmouth Land Use By-law
First Reading: 12.18.2024
Second Reading: 01.22.2025
Effective Date: 06.26.2025
Amendment Log:
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-6.13.1
04.18.2024
Subdivision By-
Law Cleanup
Amended to allow one single-unit
residential dwelling on lots
accessed only by right-of-way in
zones that permit dwellings.
CHG-ZM-252
06.14.2024
Rezone File #252
Rezoning of PID 90232257 from
Hamlet Residential (HR) to Hamlet
Commercial (HC)
CHG-
7.1.1(d)(ii)
03.07.2025
LUB
Amendment
File #253
Removed requirement for
Accessory Dwellings to be
located in rear or side yard.
CHG-4-74A
06.26.2025
Short Term
Rental Policies
Amended to allow specific types
of Short Term Rentals in all
residential zones.
CHG-ZM-254
05.26.2025
Rezone File
#254
Rezoning of PID 90177270 &
90179276 from Rural
Development (RD) to General
Industrial (GI)
CHG-31.10
05.26.2025
RV Park SPA
Criteria
Addition of Site Plan Approval
criteria for Recreational Vehicle
(RV) Parks.
Municipality of the District of Yarmouth
932 Highway 1
Hebron, Nova Scotia
B5A 5Z5
Municipality of the District of Yarmouth Land Use By-law
1
Title, Application, & purpose................................................................................................................ 1
1.1
Title .............................................................................................................................................. 1
1.2
Application ................................................................................................................................... 1
1.3
Purpose ........................................................................................................................................ 1
2
Zones & Zoning maps ........................................................................................................................... 2
2.1
Zones ........................................................................................................................................... 2
2.2
Zoning Maps ................................................................................................................................ 2
3
Interpretation ....................................................................................................................................... 3
3.1
Certain Words .............................................................................................................................. 3
3.2
Conflict ......................................................................................................................................... 3
3.3
Definitions ................................................................................................................................... 3
3.4
Units of Measurement................................................................................................................. 4
3.5
Interpretation of Zone Boundaries .............................................................................................. 4
3.6
Schedules and Appendices .......................................................................................................... 4
3.7
Severability .................................................................................................................................. 4
4
Administration ...................................................................................................................................... 5
4.1
Administration of By-law ............................................................................................................. 5
4.2
Inspection .................................................................................................................................... 5
4.3
Enforcement & Penalty ............................................................................................................... 5
4.4
Compliance with Other Legislation ............................................................................................. 5
4.5
Restoration to a Safe Condition................................................................................................... 5
4.6
Effective Date .............................................................................................................................. 6
4.7
Existing Structures & Uses ........................................................................................................... 6
4.8
Repeal of By-law .......................................................................................................................... 6
5
Development Permitting ...................................................................................................................... 7
5.1
Development Permit ................................................................................................................... 7
5.2
Development Not Requiring a Development Permit .................................................................. 7
5.3
No Exemption from Requirements .............................................................................................. 8
5.4
Application Requirements ........................................................................................................... 8
5.5
Stormwater Management ......................................................................................................... 10
5.6
Variances ................................................................................................................................... 10
5.7
Site Plan Approval ...................................................................................................................... 11
6
General Provisions .............................................................................................................................. 13
6.1
Scope ......................................................................................................................................... 13
Municipality of the District of Yarmouth Land Use By-law
6.2
Accessory Buildings & Structures .............................................................................................. 13
6.3
Accessory Uses Permitted ......................................................................................................... 13
6.4
Buildings to be Moved ............................................................................................................... 14
6.5
Conformity with Existing Setbacks ............................................................................................ 14
6.6
Connection to Central Services ................................................................................................. 14
6.7
Corner Vision Triangle ............................................................................................................... 14
6.8
Encroachments .......................................................................................................................... 14
6.9
Existing Main Buildings .............................................................................................................. 14
6.10
Exemption from Height Requirements ...................................................................................... 15
6.11
Fences ........................................................................................................................................ 15
6.12
Flag Lots ..................................................................................................................................... 15
6.13
Fronting on a Public Street or Private Road .............................................................................. 16
6.14
Heritage Incentives .................................................................................................................... 16
6.15
Illumination ................................................................................................................................ 16
6.16
Multiple Uses ............................................................................................................................. 16
6.17
Non-conforming Uses ................................................................................................................ 17
6.18
Non-conforming Structures ....................................................................................................... 17
6.19
Outdoor Furnaces ...................................................................................................................... 17
6.20
Outdoor Storage of Fishing Gear and Equipment ..................................................................... 17
6.21
Permitted Encroachments in Minimum Setbacks ..................................................................... 18
6.22
Personal Storage Buildings ........................................................................................................ 18
6.23
Private Road Lot Frontage and Front/Flankage Setbacks ......................................................... 19
6.24
Reduced Lot Requirements ....................................................................................................... 19
6.25
Shipping Containers ................................................................................................................... 19
6.26
Side Setback Requirement Exemptions ..................................................................................... 20
6.27
Special Occasion Uses Permitted............................................................................................... 20
6.28
Temporary Uses Permitted........................................................................................................ 20
6.29
Truck, Bus, and Coach Bodies .................................................................................................... 20
6.30
Undersized Lots ......................................................................................................................... 20
6.31
Watercourse Buffer ................................................................................................................... 20
6.32
Setback Requirements Measured from Watercourses, Wetlands, or Slopes ........................... 21
7
Use-specific requirements ................................................................................................................. 23
7.1
Accessory Dwellings................................................................................................................... 23
7.2
Automobile Sales, Rentals, Service Stations, and Car Washes .................................................. 23
7.3
Cemeteries ................................................................................................................................. 24
Municipality of the District of Yarmouth Land Use By-law
7.4
Electric Vehicle Charging ........................................................................................................... 24
7.5
Forest, Fish, and Farm Stalls ...................................................................................................... 24
7.6
Home Occupations .................................................................................................................... 25
7.7
Household Livestock Operations ............................................................................................... 26
7.8
No Travel Trailers, Campers, or Vehicles as Offices or Retail Outlets ....................................... 26
7.9
Parks and Playgrounds............................................................................................................... 26
7.10
Solar Collectors as an Accessory Use ......................................................................................... 27
7.11
Solar Collectors as a Main Use .................................................................................................. 27
7.12
Telecommunications Uses ......................................................................................................... 27
7.13
Trails and Conservation Uses ..................................................................................................... 27
7.14
Utilities ....................................................................................................................................... 27
7.15
Wind Turbines Generators: Micro-scale.................................................................................... 28
8
Parking ................................................................................................................................................ 29
8.1
Exemption from Parking Requirements .................................................................................... 29
8.2
Minimum Number of Automobile Parking Spaces .................................................................... 29
8.3
Bicycle Parking in Lieu of Automobile Parking .......................................................................... 31
8.4
Automobile Parking Area Standards ......................................................................................... 31
8.5
Bicycle Parking Space Standards ............................................................................................... 32
8.6
Loading Spaces .......................................................................................................................... 32
9
Signs ................................................................................................................................................... 34
9.1
Sign Provisions for All Zones ...................................................................................................... 34
9.2
Signs Prohibited in All Zones ..................................................................................................... 34
9.3
Signs Permitted in All Zones ...................................................................................................... 35
9.4
Facial Wall Signs......................................................................................................................... 35
9.5
Ground Signs .............................................................................................................................. 36
9.6
Projecting Wall Signs ................................................................................................................. 36
9.7
Roof Signs .................................................................................................................................. 36
10
Permitted use table ............................................................................................................................ 37
10.1
Permitted Main Uses ................................................................................................................. 37
11
Residential General Zone (RG) ........................................................................................................... 43
11.1
Intent ......................................................................................................................................... 43
11.2
Permitted Main Uses ................................................................................................................. 43
11.3
Developments Permitted Subject to Other Requirements ....................................................... 43
11.4
Developments Permitted by Site Plan Approval ....................................................................... 43
11.5
Developments Permitted by Development Agreement ............................................................ 44
Municipality of the District of Yarmouth Land Use By-law
11.6
Zone Standards .......................................................................................................................... 44
11.7
Special Zone Requirements ....................................................................................................... 44
12
Low-Density Residential Zone (LDR) .................................................................................................. 45
12.1
Intent ......................................................................................................................................... 45
12.2
Permitted Main Uses ................................................................................................................. 45
12.3
Developments Permitted Subject to Other Requirements ....................................................... 45
12.4
Developments Permitted by Site Plan Approval ....................................................................... 45
12.5
Developments Permitted by Development Agreement ............................................................ 46
12.6
Zone Standards .......................................................................................................................... 46
12.7
Special Zone Requirements ....................................................................................................... 46
13
Multiple Unit Residential Zone (MU) ................................................................................................. 47
13.1
Intent ......................................................................................................................................... 47
13.2
Permitted Main Uses ................................................................................................................. 47
13.3
Developments Permitted Subject to Other Requirements ....................................................... 47
13.4
Developments Permitted by Site Plan Approval ....................................................................... 47
13.5
Developments Permitted by Development Agreement ............................................................ 48
13.6
Zone Standards .......................................................................................................................... 48
13.7
Special Zone Requirements ....................................................................................................... 48
14
Commercial General Zone (CG) .......................................................................................................... 49
14.1
Intent ......................................................................................................................................... 49
14.2
Permitted Main Uses ................................................................................................................. 49
14.3
Developments Permitted Subject to Other Requirements ....................................................... 50
14.4
Developments Permitted by Site Plan Approval ....................................................................... 50
14.5
Developments Permitted by Development Agreement ............................................................ 50
14.6
Zone Standards .......................................................................................................................... 51
14.7
Special Zone Requirements ....................................................................................................... 51
15
Hamlet Residential Zone (HR) ............................................................................................................ 52
15.1
Intent ......................................................................................................................................... 52
15.2
Permitted Main Uses ................................................................................................................. 52
15.3
Developments Permitted Subject to Other Requirements ....................................................... 52
15.4
Developments Permitted by Site Plan Approval ....................................................................... 53
15.5
Developments Permitted by Development Agreement ............................................................ 53
15.6
Zone Standards .......................................................................................................................... 53
15.7
Special Zone Requirements ....................................................................................................... 53
16
Hamlet Commercial Zone (HC) ........................................................................................................... 55
Municipality of the District of Yarmouth Land Use By-law
16.1
Intent ......................................................................................................................................... 55
16.2
Permitted Main Uses ................................................................................................................. 55
16.3
Developments Permitted Subject to Other Requirements ....................................................... 56
16.4
Developments Permitted by Site Plan Approval ....................................................................... 56
16.5
Developments Permitted by Development Agreement ............................................................ 56
16.6
Zone Standards .......................................................................................................................... 57
16.7
Special Zone Requirements ....................................................................................................... 57
17
Rural Development Zone (RD) ............................................................................................................ 58
17.1
Intent ......................................................................................................................................... 58
17.2
Permitted Main Uses ................................................................................................................. 58
17.3
Developments Permitted Subject to Other Requirements ....................................................... 59
17.4
Developments Permitted by Site Plan Approval ....................................................................... 59
17.5
Developments Permitted by Development Agreement ............................................................ 59
17.6
Zone Standards .......................................................................................................................... 60
17.7
Special Zone Requirements ....................................................................................................... 60
18
Rural Commercial Zone (RC) .............................................................................................................. 61
18.1
Intent ......................................................................................................................................... 61
18.2
Permitted Main Uses ................................................................................................................. 61
18.3
Developments Permitted Subject to Other Requirements ....................................................... 62
18.4
Developments Permitted by Site Plan Approval ....................................................................... 62
18.5
Developments Permitted by Development Agreement ............................................................ 63
18.6
Zone Standards .......................................................................................................................... 63
18.7
Special Zone Requirements ....................................................................................................... 63
19
Airport Zone (AP) ................................................................................................................................ 64
19.1
Intent ......................................................................................................................................... 64
19.2
Permitted Main Uses ................................................................................................................. 64
19.3
Developments Permitted Subject to Other Requirements ....................................................... 65
19.4
Developments Permitted by Site Plan Approval ....................................................................... 65
19.5
Developments Permitted by Development Agreement ............................................................ 65
19.6
Zone Standards .......................................................................................................................... 66
19.7
Special Zone Requirements ....................................................................................................... 66
20
Airport Noise Restriction Zone (ANR)................................................................................................. 67
20.1
Intent ......................................................................................................................................... 67
20.2
Permitted Main Uses ................................................................................................................. 67
20.3
Developments Permitted Subject to Other Requirements ....................................................... 67
Municipality of the District of Yarmouth Land Use By-law
20.4
Developments Permitted by Site Plan Approval ....................................................................... 68
20.5
Developments Permitted by Development Agreement ............................................................ 68
20.6
Zone Standards .......................................................................................................................... 68
20.7
Special Zone Requirements ....................................................................................................... 68
21
Business & Industrial Park Zone (BIP) ................................................................................................ 70
21.1
Intent ......................................................................................................................................... 70
21.2
Permitted Main Uses ................................................................................................................. 70
21.3
Developments Permitted Subject to Other Requirements ....................................................... 71
21.4
Developments Permitted by Site Plan Approval ....................................................................... 71
21.5
Developments Permitted by Development Agreement ............................................................ 71
21.6
Zone Standards .......................................................................................................................... 72
21.7
Special Zone Requirements ....................................................................................................... 72
22
Marine Industrial Zone (MI) ............................................................................................................... 73
22.1
Intent ......................................................................................................................................... 73
22.2
Permitted Main Uses ................................................................................................................. 73
22.3
Developments Permitted Subject to Other Requirements ....................................................... 73
22.4
Developments Permitted by Site Plan Approval ....................................................................... 74
22.5
Developments Permitted by Development Agreement ............................................................ 74
22.6
Zone Standards .......................................................................................................................... 74
22.7
Special Zone Requirements ....................................................................................................... 74
23
General Industrial Zone (GI) ............................................................................................................... 76
23.1
Intent ......................................................................................................................................... 76
23.2
Permitted Main Uses ................................................................................................................. 76
23.3
Developments Permitted Subject to Other Requirements ....................................................... 77
23.4
Developments Permitted by Site Plan Approval ....................................................................... 77
23.5
Developments Permitted by Development Agreement ............................................................ 77
23.6
Zone Standards .......................................................................................................................... 78
23.7
Special Zone Requirements ....................................................................................................... 78
24
Watershed Zone (WS) ........................................................................................................................ 80
24.1
Intent ......................................................................................................................................... 80
24.2
Permitted Main Uses ................................................................................................................. 80
24.3
Developments Permitted Subject to Other Requirements ....................................................... 80
24.4
Developments Permitted by Site Plan Approval ....................................................................... 80
24.5
Developments Permitted by Development Agreement ............................................................ 80
24.6
Zone Standards .......................................................................................................................... 81
Municipality of the District of Yarmouth Land Use By-law
24.7
Special Zone Requirements ....................................................................................................... 81
25
Lakeside Residential Zone (LR) ........................................................................................................... 82
25.1
Intent ......................................................................................................................................... 82
25.2
Permitted Main Uses ................................................................................................................. 82
25.3
Developments Permitted Subject to Other Requirements ....................................................... 82
25.4
Developments Permitted by Site Plan Approval ....................................................................... 83
25.5
Developments Permitted by Development Agreement ............................................................ 83
25.6
Zone Standards .......................................................................................................................... 83
25.7
Special Zone Requirements ....................................................................................................... 83
26
Sensitive Environment Zone (SE) ....................................................................................................... 85
26.1
Intent ......................................................................................................................................... 85
26.2
Permitted Main Uses ................................................................................................................. 85
26.3
Developments Permitted Subject to Other Requirements ....................................................... 85
26.4
Developments Permitted by Site Plan Approval ....................................................................... 85
26.5
Developments Permitted by Development Agreement ............................................................ 85
26.6
Special Zone Requirements ....................................................................................................... 85
27
Floodplain Zone (FP) ........................................................................................................................... 87
27.1
Intent ......................................................................................................................................... 87
27.2
Permitted Main Uses ................................................................................................................. 87
27.3
Developments Permitted Subject to Other Requirements ....................................................... 87
27.4
Developments Permitted by Site Plan Approval ....................................................................... 87
27.5
Developments Permitted by Development Agreement ............................................................ 87
27.6
Special Zone Requirements ....................................................................................................... 87
28
Dykelands Zone (DL) ........................................................................................................................... 89
28.1
Intent ......................................................................................................................................... 89
28.2
Permitted Main Uses ................................................................................................................. 89
28.3
Developments Permitted Subject to Other Requirements ....................................................... 89
28.4
Developments Permitted by Site Plan Approval ....................................................................... 89
28.5
Developments Permitted by Development Agreement ............................................................ 89
28.6
Special Zone Requirements ....................................................................................................... 90
29
Lightstation Heritage Zone (LH) ......................................................................................................... 91
29.1
Intent ......................................................................................................................................... 91
29.2
Permitted Main Uses ................................................................................................................. 91
29.3
Developments Permitted Subject to Other Requirements ....................................................... 91
29.4
Developments Permitted by Site Plan Approval ....................................................................... 91
Municipality of the District of Yarmouth Land Use By-law
29.5
Developments Permitted by Development Agreement ............................................................ 91
29.6
Special Zone Requirements ....................................................................................................... 92
30
Recreation Zone (REC) ........................................................................................................................ 93
30.1
Intent ......................................................................................................................................... 93
30.2
Permitted Main Uses ................................................................................................................. 93
30.3
Developments Permitted Subject to Other Requirements ....................................................... 93
30.4
Developments Permitted by Site Plan Approval ....................................................................... 93
30.5
Developments Permitted by Development Agreement ............................................................ 94
30.6
Zone Standards .......................................................................................................................... 94
30.7
Special Zone Requirements ....................................................................................................... 94
31
Site Plan Approval Criteria ................................................................................................................. 95
31.1
Dwellings Within the Lakeside Residential Zone ....................................................................... 95
31.2
Home Occupations .................................................................................................................... 96
31.3
Aggregate-related Industries ..................................................................................................... 97
31.4
Bulk Petroleum Storage Depots ................................................................................................ 98
31.5
Concrete Plants .......................................................................................................................... 99
31.6
Expansion of Non-conforming Uses .......................................................................................... 99
31.7
Food Processing Plants ............................................................................................................ 100
31.8
Recycling Depots ..................................................................................................................... 101
31.9
Small-scale Wind Turbine Generators ..................................................................................... 102
31.10
Recreational Vehicle (RV) Parks (CHG-31.10) ..................................................................... 103
32
Definitions ........................................................................................................................................ 106
33
Schedules and Appendices ............................................................................................................... 131
1
Municipality of the District of Yarmouth Land Use By-law
1.1.1
This By-law shall be known and may be cited as the "Land Use By-law" of the Municipality of the
District of Yarmouth
1.2.1
This By-law shall apply to all lands located within the municipal boundaries of the Municipality
of the District of Yarmouth.
1.3.1
The purpose of this By-law is to facilitate the sustainable, orderly, economical, and beneficial
development and use of land and buildings within the Municipality, and for that purpose the By-
law, among other things:
(a)
divides the Municipality into zones;
(b)
prescribes and regulates for each zone the purposes for which land and buildings may
be used;
(c)
establishes standards for the dimensions of land within each zone and the positioning
of buildings thereon;
(d)
establishes the office of one or more Development Officers;
(e)
establishes a method of making decisions on applications for development permits,
including the issuing of development permits; and
(f)
establishes a method for making decisions on applications for site plan approval.
1.3.2
This By-law shall be applied in a manner consistent with the Municipality's Municipal Planning
Strategy and the Municipal Government Act ("Act") as amended from time to time.
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
2
2.1.1
For the purposes of this By-law, the Municipality is divided into the following zones, the
boundaries of which are shown on the attached Schedule A. Such zones may be referred to by
the appropriate symbols.
Table 1: Zones
Zone Name
Zone Symbol
Residential General Zone
RG
Low-density Residential Zone
LDR
Multiple Unit Residential Zone
MU
Commercial General Zone
CG
Hamlet Residential Zone
HR
Hamlet Commercial Zone
HC
Rural Development Zone
RD
Rural Commercial Zone
RC
Airport Zone
AP
Airport Noise Restriction Zone
ANR
Business & Industrial Park Zone
BIP
Marine Industrial Zone
MI
General Industrial Zone
GI
Heavy Industrial Zone
HI
Watershed Zone
WS
Lakeside Residential Zone
LR
Sensitive Environment Zone
SE
Floodplain Zone
FP
Dykelands Zone
DL
Lightstation Heritage Zone
LH
Recreation Zone
REC
2.2.1
Schedule A attached hereto may be cited as the "Zoning Maps".
2.2.2
The Zoning Maps form part of this By-law.
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
3
3.1.1
In this By-law:
(a)
the word "shall" means mandatory compliance;
(b)
the word "may" means discretionary compliance or a choice in applying a policy or
regulation;
(c)
words in the plural include the singular, and words in the singular include the plural;
and
(d)
gendered words shall be interpreted to mean any gender.
3.1.2
Words defined in this By-law are typically italicized to aid in reading; however, an absence of
italics does not guarantee a word is not defined.
3.1.3
Words not otherwise defined in this By-law shall have the meaning assigned to them in the Act.
3.2.1
In the case of any conflict between the text of this By-law and any maps or drawings used to
illustrate any aspect of this By-law, the text shall take priority.
3.2.2
Colour coding throughout this By-law and the Zoning Maps is for ease of reference only and the
text of the By-law shall take priority.
3.2.3
In the case of any conflict between a number written in numerals and a number written in
letters, the number written in numerals shall take priority.
3.2.4
In the case of conflict between a written zone name and a zone symbol, the written zone name
shall take priority.
3.2.5
In the case of conflict within the regulations of this By-law, the more restrictive regulation shall
take priority, unless otherwise specified.
3.2.6
Where the permitted uses listen in the permitted use table of Chapter 10 conflict with the list of
permitted uses in an individual zone's chapter, the individual zone's chapter shall take priority.
3.3.1
For the purposes of this By-law, words shall have the meaning or meanings assigned to them in
Chapter 32 - Definitions. Where a word is not defined in Chapter 32, the word shall have the
meaning or meanings assigned by accepted English dictionaries.
Municipality of the District of Yarmouth Land Use By-law
4
3.4.1
This By-law uses the metric system of measurement. Numerical measurements in this document
may also be presented in other units; however, this is for convenience only. If a metric
measurement conflicts with its conversion in another unit, the metric measurement shall take
priority.
3.5.1
Boundaries between zones shall be determined as follows:
(a)
where a zone boundary is indicated as following a survey line as recorded at the
Registry of Deeds, the boundary shall follow that line;
(b)
where a zone boundary is indicated as following a street, private road, or controlled
access highway the centerline of the street shall be the boundary unless otherwise
indicated;
(c)
where a zone boundary is indicated as following a railway or utility right-of-way, the
centerline of the right-of-way shall be the boundary unless otherwise indicated;
(d)
where the zone boundary is indicated as approximately following lot lines, the
boundary shall follow the lot lines;
(e)
where the zone boundary is indicated as following the shoreline of a river,
watercourse, lake, or saltwater body, the ordinary high water mark shall be the
boundary;
(f)
where a zone boundary is indicated as approximately following a physical feature
such as a watershed, the zone boundary shall follow such physical features as
determined by field survey; and,
(g)
where none of the above provisions apply, the Development Officer shall scale the
zone boundary from the zoning map.
3.6.1
All schedules and figures attached to this By-law form an official part of the By-law.
3.6.2
Any appendices that may be attached to this By-law are for information purposes and may be
changed by resolution of Council without formally amending this By-law.
3.7.1
If any provision of this By-law is held to be invalid by a decision of a court of competent
jurisdiction, that decision shall not affect the validity of the remaining portions of this By-law.
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
5
4.1.1
Council shall appoint one or more Development Officer(s) for the Municipality.
4.1.2
The Development Officer shall be responsible for the administration of this By-law.
4.2.1
Subject to Section 267 of the Municipal Government Act, the Development Officer or authorized
agent of the Development Officer is authorized to enter, at all reasonable times, into or upon
any property within the Municipality for the purpose of any inspections necessary to administer
this By-law.
4.2.2
Consistent with Section 267 of the Municipal Government Act, the Development Officer or
authorized agent of the Development Officer shall not enter any place actually being used as a
dwelling without the consent of the occupier unless the entry is made in daylight hours and
written notice of the time of the entry has been given to the occupier at least twenty-four hours
in advance of the entry.
4.3.1
In the event of any contravention of the provisions of this By-law, the Municipality may act as
provided for in Section 266 of the Municipal Government Act.
4.4.1
Nothing in this By-law shall exempt any person from complying with the requirements of any
other by-law in force within the Municipality, or from obtaining any license, permission, permit,
authority, or approval required by any other by-law of the Municipality or statute or regulation
of the Province of Nova Scotia or the Government of Canada.
4.4.2
Where the provisions in this By-law conflict with those of any other by-law of the Municipality or
statute or regulation of the Province of Nova Scotia or the Government of Canada, the higher or
more stringent provision shall prevail.
4.5.1
Nothing in this By-law shall prevent the restoration of any building or structure to a safe
condition, as determined by the Municipality's Building Official.
Municipality of the District of Yarmouth Land Use By-law
6
4.6.1
Upon adoption by the Council of the Municipality of the District of Yarmouth and approval by
the Minister of Municipal Affairs, this By-law shall take effect on the date a notice is published in
a newspaper, circulating in the Municipality, informing the public that the Land Use By-law is in
effect.
4.7.1
A structure or use of land shall be deemed to exist on the effective date of this By-law if:
(a)
it has lawfully been constructed;
(b)
it has lawfully commenced;
(c)
it is lawfully under construction; or
(d)
all required permits for its construction or uses were in force and effect, except that
this shall not apply unless the construction or use is commenced within 12 months
after the date of the latest issuance of the required permits.
4.8.1
The Municipality of the District of Yarmouth Land Use By-law adopted by Council for the
Municipality of the District of Yarmouth on August 28th, 2013, as amended, is hereby repealed.
Reference No.
Effective Date
File or Project
General Nature of Change
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5.1.1
Unless otherwise stated in this By-law, no person shall undertake a development within the
Municipality without first obtaining a development permit from the Development Officer.
5.1.2
The Development Officer shall only issue a development permit in conformance with this By-law
and any development agreement or site plan agreement in effect on the site, except where a
variance is granted or in the case of an existing non-conforming use or structure, in which case a
development permit shall be issued in conformance with the Act.
5.1.3
A development permit shall expire within the following time periods from the date issued if the
development has not commenced:
(a)
three years for large-scale wind turbine generators.
(b)
two years for industrial uses.
(c)
one year for all other uses.
5.1.4
The Development Officer may revoke a development permit where information provided on the
application is found to be inaccurate or the permit was issued in error.
5.1.5
The Development Officer shall, at the applicant's request and subject to the payment of fees in
conformance with the fee schedule adopted by resolution of Council, renew a development
permit for one additional year if:
(a)
the development permit has not been renewed previously; and
(b)
the Development Officer is satisfied the development permit is consistent with the
current Land Use By-law and any proposed amendments to the Land Use By-law of
which Council has issued notification of their intent to adopt.
5.2.1
The following developments shall not require a development permit:
(a)
interior or exterior renovations or alterations to a structure that do not result in a
change in volume or gross floor area, number of dwelling units, or a change in use of
the structure;
(b)
fences that do not exceed 1.9 metres in height except for a fence enclosing a
swimming pool;
(c)
signs smaller than 0.2 square metres in sign area, where signs are permitted;
(d)
temporary buildings or structures erected for a period not exceeding 60 days;
(e)
temporary construction buildings and structures meeting the requirements of Section
6.28;
(f)
public and private utilities located within the street right-of-way;
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(g)
temporary greenhouses, cloches, crop hoops, or other such temporary crop
structures;
(h)
accessory buildings with a footprint of less than 10.0 square metres in zones where
buildings are permitted;
(i)
household gardens;
(j)
special occasion uses meeting the requirements of Section 6.27;
(k)
forest, fish, and farm stalls meeting the requirements of Section 7.5;
(l)
signs permitted in all zones, as listed in Section 9.3.
5.2.2
For greater clarity, a building permit or other form of license may still be required for
developments that are exempt from requiring a development permit. Applicants should inquire
with the Municipality prior to undertaking any development.
5.3.1
Every development shall be subject to the requirements of this By-law whether or not a
Development Permit is required.
5.4.1
Every application for a development permit shall be made in writing on an approved form and
shall include:
(a)
the signature of the registered landowner or their duly authorized agent;
(b)
application fees in conformance with the fee schedule adopted by resolution of
Council;
(c)
a statement of the proposed use of the land;
(d)
a statement of the estimated commencement and completion date of development;
(e)
a site plan, as detailed in Subsection 5.4.2; and
(f)
any other information required by this Land Use By-law.
Plan Requirements
5.4.2
Every application for a development permit shall be accompanied by a plan of the proposed
development, drawn to an appropriate scale and showing:
(a)
the true shape and dimensions of all lots to be used;
(b)
the proposed use, location, height and dimensions of any building, structure, or work
for which the permit is applied; which shall include measurements of the lot
frontage, front, side and rear yards;
(c)
the location of rights-of-way and easements within the subject property;
(d)
the proposed location and dimensions of parking areas, parking spaces, loading
spaces, driveways, curbs, landscaping and fencing; and landscaping areas where
applicable;
(e)
the location of all watercourses on the property; and
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(f)
other such information as may be necessary to determine whether or not every
proposed development conforms with the requirements of this By-law.
Additional Plan Information
5.4.3
Where the Development Officer is unable to determine whether the proposed development
conforms to this By-law or other by-laws and regulations in force, they may require that the plan
submitted under Subsection 5.4.2 shows:
(a)
the location of every building or structure already erected on or partly erected on
such lot;
(b)
the location of every building erected upon any abutting lot;
(c)
existing and proposed services; and/or
(d)
a plan based upon a survey prepared by a Nova Scotia Land Surveyor.
Lighting Plan
5.4.4
Applications for new main buildings on a lot containing five or more dwelling units, new
commercial main buildings, and new industrial main buildings shall be accompanied by an
outdoor lighting plan showing:
(a)
boundaries of the lot;
(b)
location of all existing and proposed structures;
(c)
location of any areas or signs requiring illumination;
(d)
location and height of all existing and proposed outdoor lighting; and
(e)
specifications of outdoor lighting type, wattage, spacing, and foundation.
Additional Studies & Plans
5.4.5
Where necessary to determine conformance with this Land Use By-law, the Development Officer
may require the applicant to provide additional information at the necessary level of detail and,
if necessary, prepared by the appropriate professional. Such additional information may include,
but is not limited to:
(a)
site survey and/or site plan prepared and stamped by a Nova Scotia Land Surveyor;
(b)
location certificate;
(c)
parking lot layout and internal circulation;
(d)
location of proposed solid waste containers and any screening or fencing;
(e)
location of proposed outdoor storage areas and any screening or fencing;
(f)
location of any open space and amenity areas;
(g)
topography and soil conditions of the subject site;
(h)
watercourse delineation study;
(i)
any applicable watercourse or wetland setbacks;
(j)
existing vegetation;
(k)
stormwater management plan;
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(l)
groundwater study;
(m)
environmental study;
(n)
habitat delineation and migration study;
(o)
floor plans and elevation drawings of any proposed structures;
(p)
landscaping plan;
(q)
existing heritage properties;
(r)
existing easements;
(s)
geotechnical study;
(t)
site grading plan;
(u)
traffic impact assessment or study;
(v)
groundwater supply study; and/or
(w)
any other information deemed necessary by the Development Officer.
5.5.1
Where stormwater management plans are required, they shall be subject to the following
requirements:
(a)
stormwater management plans shall be prepared and stamped by a qualified
Professional Engineer or a qualified professional Landscape Architect, licensed to
practice in Nova Scotia;
(b)
stormwater management plans shall include a site plan; and
(c)
stormwater management plans shall include design calculations that confirm the
design, at a minimum, meets the following criteria:
i.
retains on-site stormwater runoff generated from the first 10 mm depth of a
rainfall event; and
ii.
balances stormwater runoff generated after the first 10 mm of a rainfall event
to ensure matching of the pre- and post-development stormwater runoff
conditions.
5.5.2
Where reasonable, stormwater management plans may be combined with servicing or grading
plans.
5.6.1
Notwithstanding anything in this By-law, the Development Officer may grant a variance subject
to Section 235 of the Municipal Government Act. Specifically, the Development Officer may
grant:
(a)
up to 100% variance for parking requirements;
(b)
up to 50% variance for setback requirements; and
(c)
up to 25% variance for the following requirements:
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i.
the percentage of land that may be built upon;
ii.
lot frontage;
iii. lot area;
iv. ground area of a structure;
v.
height of a structure;
vi. floor area occupied by a home occupation; and/or
vii. height and area of a sign.
5.6.2
In accordance with Section 235 of the Municipal Government Act, the Development Officer shall
not grant a variance if the:
(a)
variance violates the intent of the Land Use By-law;
(b)
difficulty experienced is general to properties in the area; or
(c)
difficulty experienced results from an intentional disregard for the requirements of
the Land Use By-law.
5.6.3
Where the Development Officer has granted a variance in the requirements of this By-law,
notification of the variance shall be provided in writing to all assessed property owners of all
properties that lie within 30 metres of the property subject to the variance.
5.6.4
Notification of a variance shall:
(a)
describe the variance granted;
(b)
identify the property(s) subject to the variance; and
(c)
set out the right to appeal the decision of the Development Officer to Council.
5.6.5
Variance requests shall be accompanied by a deposit made to the Municipality, at the time of
application, in an amount identified in the fee table established by Council sufficient to pay the
costs associated with giving notice of variances as required by the Act. If the amount paid is not
sufficient to cover the costs incurred the applicant shall pay to the Municipality the additional
amount required. If the amount paid is more than sufficient, then the Municipality shall refund
the excess amount.
5.7.1
Some zones of this Land Use By-law permit certain uses only by site plan approval. Unless
specifically addressed in a different manner by the applicable criteria of Chapter 31, all other
applicable criteria of this Land Use By-law shall still apply to any development proposed and
undertaken through site plan approval.
Application Requirements
5.7.2
In addition to the requirements of Section 5.4, applications for site plan approval shall meet the
following requirements:
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(a)
the site plan shall be fully and accurately dimensioned and shall be made under the
stamp of a professional architect, planner, engineer, or surveyor licensed to practice
in Nova Scotia.
(b)
the application shall be accompanied by a written rationale and any necessary
supporting illustrations addressing each of the applicable criteria outlined in Chapter
31.
(c)
the application shall be accompanied by a fee, in the amount identified in the fee
table established by Council, for advertising and notification costs.
Site Plan Approval Review
5.7.3
The Development Officer shall review applications for new developments permitted by site plan
approval, and amendments to existing site plan approvals, against all applicable criteria of this
Land Use By-law and the applicable criteria in Chapter 31.
5.7.4
Council may, by resolution, establish a committee or designate an existing committee to advise
the Development Officer on qualitative matters related to the site plan approval criteria of
Chapter 31 prior to the Development Officer granting or refusing approval.
Notification
5.7.5
Where the Development Officer has granted a site plan approval, notification of the approval
shall be served upon all assessed property owners of all properties that lie within the following
distances:
(a)
152 metres of the property subject to the site plan approval for small-scale wind
turbine development; or
(b)
30 metres of the property subject to the approval for all other site plan approvals.
Appeal of Site Plan Approval
5.7.6
Appeals of the Development Officer's decision regarding a site plan approval request may be
made to Council, as provided for by Subsection 232(2) of the Municipal Government Act.
Reference No.
Effective Date
File or Project
General Nature of Change
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6.1.1
The provisions of this Part shall, unless otherwise specified, apply to all uses and zones and shall
prevail over all zone requirements except where expressly stated otherwise.
6.2.1
Accessory buildings and structures shall be permitted in any zone, but shall not:
(a)
be used for human habitation except where a dwelling or tourist cabin is a permitted
accessory use;
(b)
be considered an accessory building if structurally attached to the main building;
(c)
be considered an accessory building if located completely underground;
(d)
be built closer to the front, rear, or side lot line than the minimum distance required
by this By-law for the main building; or
(e)
except for forest, fish, and farm stalls, be built closer to the front, rear, or side lot line
than the existing building is to the said line in cases where the front, rear, or side yard
is nonconforming.
6.2.2
Notwithstanding Clause 6.2.1(d), the minimum side and rear yard requirements for buildings
accessory to residential uses except those used for home occupation referred to in Section 0 of
this By-law may be reduced to a minimum of 0.6 m provided there are no windows or
perforations on the side of the building which faces said lot line.
6.2.3
Notwithstanding zone requirements:
(a)
where approval has been granted by appropriate provincial and/or federal
authorities, boathouses, wharves, docks, and fishing gear sheds may be built across a
lot line when said lot line corresponds to the water's edge;
(b)
bus shelters, roadside stands, awnings, children's play structures, playground
equipment, pet houses, clothes poles, garden trellises, refuse receptacles, and
retaining walls shall be exempt from the requirements of this Section. These
structures shall be permitted to be located in any part of any yard except within the
corner vision triangle of a corner lot; and
(c)
shared semi-detached garages may be centred on the mutual side lot line.
6.3.1
Uses accessory to a permitted use shall be permitted in all zones.
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6.4.1
No person shall move any building onto a lot without first obtaining a development permit from
the Development Officer.
6.5.1
The Development Officer shall approve a front setback less than the minimum front setback
required in a zone if:
(a)
the proposed setback is not less than the smallest front setback of any main building
within 60 metres on the same street and within the same zone as the proposed
building; and
(b)
the proposed setback is not less than 2 metres.
6.6.1
New plumbed buildings shall be connected to public sewer systems where such services are
available, and in compliance with any applicable by-law. Where service availability is disputed or
unclear, the Municipal Engineer shall decide based on site conditions and available system
capacity.
6.7.1
On a corner lot in any zone, outdoor display or outdoor storage, a fence, sign, hedge, shrub,
bush or tree or any other structure or vegetation shall not be erected or established or
permitted to grow to a height greater than 0.6 metres above grade of the roads that abut the lot
within the triangular area included within the street lines for 6.0 metres from their point of
intersection.
6.8.1
Notwithstanding anything else in this By-law, a development permit may be issued for
development on an undersized lot, created as a result of an encroachment of a development
component of a permanent nature such as a structure, driveway, well, or on-site sewage
disposal system, provided that all other applicable provisions of this By-law are met.
6.9.1
Notwithstanding anything else in this By-law, in any zone, where lots containing at least one
existing main building are to be created from an existing area of land containing two or more of
such buildings, the following provisions shall apply:
(a)
any or all minimum yard requirements may be waived where they cannot otherwise
be met; and
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(b)
the minimum lot frontage requirement may be waived where it cannot otherwise be
met provided the lot frontage shall not be less than 6.0 metres; or the lot is served by
an existing right-of-way or new right-of-way with a minimum width of 6.0 metres;
and
(c)
where it cannot be met, the minimum lot area requirement for a lot with an existing
building located on it may be waived where the lot is located on a road served by a
municipal sewer system; and
(d)
all other applicable provisions of this By-law are satisfied.
6.10.1 The height requirements of this By-law shall not apply to church spires, minarets, water tanks or
reservoirs, elevator enclosures, stairwells, silos, barns, flag poles, television or radio antennae,
ventilators, skylights, clock towers, guard rails, tree houses, chimneys, public art, beehives, solar
collector systems, wind turbine generators, drive-in theatres, ice plants, and telecommunication
towers.
6.11.1 Fences greater than 1.9 metres in height shall be considered a structure and, notwithstanding
zone requirements, shall have a setback from property lines of a minimum of half the height of
the structure.
6.12.1 Unless prohibited in a zone, flag lots shall be 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 lot shall be able to contain a circle with a diameter equal to the zone standard for
minimum lot frontage;
(c)
notwithstanding zone standards, where the main body of the flag lot is 100 metres or
less from the road the width of the pole for its entire length shall be at least 6.1
metres;
(d)
notwithstanding zoning standards, where the main body of the flag lot is more than
100 metres from the road the width of the pole for its entire length shall be at least
12.2 metres;
(e)
minimum setback requirements shall apply to the main body of the lot, with the front
lot line considered to be the lot line facing the road; and
(f)
no more than three flag lots shall be created from an area of land as it existed on
November 15, 2023.
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6.13.1 No development permit shall be issued unless the lot or parcel of land intended to be used or
upon which the building or structure is to be erected abuts and fronts upon a public street or
private road. However, in all zones where dwellings are permitted, one single-unit residential
use shall be considered allowable on lots served by right-of-way easements CHG-6.13.1.
6.13.2 Notwithstanding Subsection 6.13.1. developments in the Low Density Residential Zone,
Residential General Zone, Multi Unit Zone, and Commercial General Zone shall only front on
private roads existing on November 15, 2023 or on public streets.
6.14.1 A property or building that is a municipally-, provincially-, or federally-registered heritage
property shall be eligible for relaxations of By-law requirements as outlined in Table 2, Heritage
Incentives.
Table 2: Heritage Incentives
Use
Permitted Relaxation
All uses
The minimum automobile parking space
requirements of Chapter 8 shall not apply.
Accommodations
Number of sleeping units permitted as-of-
right increased by 1
Boarding House
Number of sleeping units permitted as-of-
right increased by 1
Converted Dwelling
Number of dwelling units permitted as-of-
right increased by 1
Home Occupation
Number of permitted on-site, non-resident
employees increased by 1
6.14.2 A property or building that is a municipally-, provincially-, or federally-registered heritage
property may be permitted, by development agreement, to contain uses not otherwise
permitted within the zone in which it is located subject to Policy 4-83 of the Municipal Planning
Strategy.
6.15.1 Exterior lighting on any lot shall be directed away from, and shall not cause glare on, adjoining
properties or adjacent streets.
6.16.1 Where any land or building is used for more than one purpose, 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 higher or more stringent standard shall apply.
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6.17.1 A non-conforming use shall not be recommenced if discontinued for a continuous period of 12
months.
6.17.2 A non-conforming use may expand by site plan approval, subject to the criteria outlined in
Section 31.6.
6.18.1 Notwithstanding lot area, lot frontage, and minimum setback requirements of this By-law, the
use of a non-conforming structure may be changed to any other use permitted in that zone,
provided all other requirements of this By-law are met.
6.18.2 Non-conforming structures may be replaced, reconstructed, enlarged, renovated, and/or
repaired, provided:
(a)
any such construction does not further infringe on the By-law requirement(s) that
created the non-conformity; and
(b)
all other requirements of this By-law are met.
6.19.1 Notwithstanding anything else in this By-law, outdoor furnaces, whether contained within an
accessory building or not, shall be located a minimum of 61.0 metres from any common lot line.
6.20.1 Nothing in this by-law shall prevent the open storage of fishing gear and equipment in any yard
of any residential use.
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6.21.1 Every part of any minimum setback required by this By-law shall be open and unobstructed by
any structure from the ground to the sky.
6.21.2 Notwithstanding zone requirements, the following structures may project into or be located in a
required minimum setback in accordance with the distances set out in the Table 3, below:
Table 3: Permitted Encroachments
Structure
Required Setback in
which Projection is
Permitted
Permitted
Encroachment
Distance
Balconies, decks, patios, steps,
verandas, porches (open) not
exceeding one storey in height,
verandas (uncovered)
Any
2.0 m, but shall not be
permitted within 1.0 m of
lot line
Structures ensuring barrier-free
access
Any
To lot line
Carports
Rear and side
Up to 2.0 m from lot line
Exterior insulation retrofitted to an
existing dwelling
Any
0.3 m
Fire escapes and exterior
staircases
Rear and side
1.5 m
Sills, belt courses, cornices, eaves,
gutters, chimneys, pilasters, or
similar architectural features
Any
0.6 m
Window bays
Any
1.0 m
6.22.1 Personal storage buildings, including but not limited to personal garages and boathouses, shall
be permitted in zones that permit dwellings where there is no other main building on the lot,
provided that:
(a)
the personal storage building shall not be used for habitation;
(b)
the applicable zone requirements for the maximum height of an accessory building
are satisfied;
(c)
the applicable zone setback requirements for a main building are satisfied;
(d)
the personal storage building does not exceed 75.0 square metres gross floor area;
and
(e)
where approval has been granted by appropriate provincial and / or federal
authorities, personal boathouses may be built across a lot line when said lot line
corresponds to the water's edge.
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6.23.1 Where this By-law permits development on a private road, lot frontage and front/flankage
setbacks shall be measured from the edge of the private road right-of-way or from the edge of
the private road surface, whichever results in a smaller measured setback.
6.24.1 Notwithstanding the minimum lot area and frontage requirements in any zone, where a
maximum of two lots are created pursuant to Section 5.4 of the Subdivision By-law, a
development permit may be issued for development where:
(a)
the lot area and frontage or both are not less than 90% of the minimum required by
this By-law where the lots are served by a municipal sewer system; or
(b)
the lot frontage is not less than 90% of the minimum required by this By-law where
the lots are served by on-site sewage disposal systems; and
(c)
provided, in all cases, that all other applicable provisions and requirements of this By-
law are satisfied.
6.25.1 Shipping containers shall not be used for human habitation.
6.25.2 Notwithstanding Subsection 6.25.1, modified shipping containers may be integrated as a
building material into dwellings.
6.25.3 Shipping containers shall not be used as accessory buildings, except for the following:
(a)
temporary storage not exceeding 60 days in a calendar year;
(b)
any combination of shipping containers with a combined length not exceeding 40
feet (e.g. one 40-foot container, two 20-foot containers, etc.) on a lot in the following
zones:
i.
Hamlet Residential Zone
ii.
Hamlet Commercial Zone
iii. Rural Development Zone
iv. Rural Commercial Zone
v.
Airport Noise Restriction Zone outside of areas identified in (c)i.; and
(c)
any number of shipping containers within the following zones:
i.
Airport Noise Restriction Zone fronting on Highway 3, west of its intersection
with Chebogue Road
ii.
Business & Industrial Park Zone
iii. Marine Industrial Zone
iv. General Industrial Zone
v.
Heavy Industrial Zone
6.25.4 Except in industrial zones, where a shipping container is used as an accessory building the
container shall only be permitted in the rear yard or side yard of a lot.
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6.26.1 Notwithstanding anything else in the By-law, where buildings on adjacent lots share a common
wall, the applicable side setback requirements shall be waived.
6.27.1 Nothing in this By-law shall prevent uses erected for special occasions and holidays provided
that no such use remains in place for more than 14 consecutive days. A development permit
shall not be required for a special occasion use.
6.28.1 Nothing in this By-law shall prevent, and no development permit is required for, the temporary
use of a building, structure, or portable equipment incidental to a main construction project
provided that a development permit has been issued for the main construction project and the
temporary use is discontinued and removed 30 days following completion of the main
construction project.
6.29.1 No automobile, truck, bus or coach body, whether or not same is mounted on wheels, or
beached vessel shall be used for human habitation within the Municipality except for
recreational vehicles and travel trailers.
6.30.1 Notwithstanding anything else in this By-law, an existing vacant lot having less than the
minimum lot area or frontage or both required by this By-law, may be used for purpose
permitted in the zone in which the lot is located, and a building or structure may be erected on
the lot provided that all other applicable provisions in this By-law are satisfied.
6.30.2 Any existing undersized lot which is increased in area or frontage or both, but still remains
undersized, shall be considered an existing undersized lot.
6.30.3 Notwithstanding Subsection 6.30.1, where a repeal of subdivision creates a lot or lots smaller
than zone requirements, the lot or lots shall not be considered existing undersized lots.
6.31.1 For development in any zone an undisturbed buffer of 12.0 metres shall be maintained between
any structure or developed portion of the lot and the ordinary high water mark of all
watercourses. For greater clarity, buffers greater than 12.0 metres may be required in some
zones (check zone standards).
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6.31.2 Infilling or removal of material shall not be permitted within the watercourse buffer except for
minimal disturbance incidental to a permitted undertaking.
6.31.3 In the watercourse buffer area, the natural flora and fauna shall remain substantially
undisturbed except for penetrations for developments permitted by Subsection 6.31.5, below.
Good ecological practices designed to minimize disturbance of natural shoreline areas shall be
encouraged for all activities and developments within the buffer and all developments on
properties abutting watercourses in the Municipality.
6.31.4 On any lot subject to the requirements of Subsection 6.31.1, above, the required buffer
supersedes any minimum setback requirement which may be less than the required buffer.
6.31.5 Notwithstanding Subsection 6.31.1, the following developments are permitted within the
watercourse buffer area (subject to zone requirements for permitted uses):
(a)
boathouses, fishing gear, sheds, docks, wharves, piers, and slipways;
(b)
boardwalks, walkways, and trails with a maximum width of 3.0 metres;
(c)
pumphouses;
(d)
scientific research structures;
(e)
the removal of vegetation and alterations to grade necessary to erect erosion control
and flood control measures above the ordinary high-water mark. Where excess
vegetation has been removed within the watercourse buffer area, natural vegetation
shall be restored;
(f)
the removal of windblown, diseased, or dead trees deemed to be hazardous or
unsafe;
(g)
the limbing of tree branches for improved view plane and ventilation;
(h)
safety fences that do not exceed a height of 1.9 metres;
(i)
public streets and public infrastructure; and
(j)
development in the Marine Industrial Zone and Watershed Zone.
6.31.6 Notwithstanding Subsection 6.31.1, 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 shoreline buffer
and all other applicable requirements of this By-law are met.
6.32.1 Where, in this By-law, a front, side, or rear setback is required and part of the area of the lot is
usually covered by water or marsh, or is beyond the rim of a river bank or watercourse or
between the top and toe of a cliff or embankment having a slope of thirty percent (30%) or
more from the horizontal, then the required setback shall be measured from the nearest main
wall of the main building or structure on the lot to the edge of said area covered by water or
marsh, or to the rim of said river bank or watercourse, or to the top of said cliff or embankment
if such area is closer than the lot line.
Municipality of the District of Yarmouth Land Use By-law
22
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-6.13.1
1.27.2024
Subdivision By-
law Cleanup
Amended to allow one single
unit residential dwelling on
lots accessed only by right-of-
way in zones which permit
dwellings.
Municipality of the District of Yarmouth Land Use By-law
23
7.1.1
Accessory dwellings shall be permitted accessory to a dwelling use in all zones that permit
dwellings as a main use, except the Lakeshore Residential Zone, subject to the following
requirements:
(a)
only one accessory dwelling shall be permitted on a lot;
(b)
the accessory dwelling shall not count towards the number of dwellings permitted on
the lot;
(c)
the gross floor area of the accessory dwelling shall not exceed 90.0 square metres or
50% of the gross floor area of the primary dwelling, whichever is larger; and
(d)
if the accessory dwelling is located in a separate building from the main dwelling:
i.
the accessory dwelling shall be subject to height requirements for accessory
buildings in the applicable zone and all other zone requirements for main
buildings;
ii.
the accessory dwelling shall be located in the rear or side yard; and DELETED
CHG-7.1.1(d)(ii)
iii. lot coverage shall not exceed 40 percent.
7.2.1
Auto sales, rental, service stations, and car washes shall meet the following requirements:
(a)
the lot frontage shall be a minimum of 45.0 metres;
(b)
no portion of any pump island or car wash shall be located closer than 6.0 metres
from any street line;
(c)
the minimum distance between ramps or driveways shall not be less than 9.0 metres;
(d)
the minimum distance from a ramp or driveway to a street intersection shall be 15.0
metres;
(e)
the minimum angle of intersection of a ramp to a street line shall be 45 degrees and
the maximum angle of intersection shall be 90 degrees; and
(f)
the minimum width of a ramp shall be 7.5 metres.
7.2.2
Facilities for the washing of automobiles at car washes shall meet the following requirements:
(a)
the minimum lot area shall be 920 square metres for a serviced lot and 3,700 square
metres for an unserviced lot;
(b)
the lot shall contain a stopping / queue area, prior to the entry of vehicles into any
part of the cleaning process, for no fewer than three (3) automobiles;
(c)
any outdoor storage shall be screened using a fence, vegetation, or any combination
of both;
(d)
all wash water shall be channeled into a drainage system fitted with an oil separator.
Municipality of the District of Yarmouth Land Use By-law
24
7.3.1
Notwithstanding zone requirements, new cemeteries shall:
(a)
have a minimum of 6.0 metres of lot frontage; and
(b)
have a minimum lot area of at least 10,000 square metres.
7.3.2
Accessory buildings for a cemetery shall meet the zone requirements for accessory buildings.
7.4.1
Nothing in this By-law shall prevent the installation of an electric vehicle charging station as an
accessory use where the station is for the exclusive domestic use of a dwelling unit.
7.4.2
Charging stations for electric vehicles that are not for the exclusive use of a dwelling unit shall be
permitted as an accessory use in all zones except the Floodplain Zone, Dykelands Zone, and
Conservation Zone.
7.4.3
Electric vehicle charging stations operated as a main use shall be permitted, or not, as indicated
in each zone's permitted uses table.
7.5.1
Nothing in this By-law shall prevent the direct sale of fish or other seafood; farm products such
as, but not limited to, flowers, fruit, and vegetables; and forestry products such as, but not
limited to, Christmas trees, wreaths, and maple products by individuals or companies engaged in
the harvesting of such, subject to the following provisions:
(a)
any associated structures shall be limited to a maximum total footprint of 10.0 square
metres on a lot;
(b)
associated structures shall meet zone requirements for minimum side and rear
setbacks, but shall not be required to meet minimum front setbacks; and
(c)
no development permit shall be required.
Municipality of the District of Yarmouth Land Use By-law
25
7.6.1
The following home occupations shall be permitted accessory to a dwelling in all zones that
permit dwellings as a main use, subject to the following requirements:
Table 4: Low-impact Home Occupation Requirements
(a) permitted uses
i.
accommodations
ii.
assembly processing
iii.
building contractor
iv.
business or professional offices
v.
manufacturing
vi.
personal services
vii. private teaching
viii. small item repair shops - excluding
small engine repair
ix.
retail use
x.
studios
(b) Maximum Number of On-site,
Non-resident Employees
2
(c) Maximum Floor Area of Home
Occupation if in the Dwelling
25% of dwelling, except accommodations, which
shall be limited to 5 sleeping units
(d) Maximum Combined Floor Area
of Dwelling and Home
Occupation if in an Accessory
Building
i.
Lot Size Under 2,787 m2
ii.
Lot Size 2,787 m2 or more
iii.
Mini/Mobile Home Park
152 m2
305 m2
23 m2
(e) Minimum Side Setback
3.0 m
(f) Minimum Rear Setback
3.0 m
(g) Outdoor Display and Storage
i.
Rear or Side Yards
ii.
Front Yards
Display and storage shall be screened from abutting
residential uses and the nearest road by the
dwelling, accessory building, opaque fence, natural
landform, existing or planted vegetation, or a
combination of the above.
No more than 15% of total minimum front yard area
to a maximum of 37 m2, whichever is less, shall be
used for display. Display shall not be located within
the minimum front yard setback. Storage shall not
be permitted within the front yard.
Municipality of the District of Yarmouth Land Use By-law
26
7.6.2
The following uses shall be permitted as a home occupation accessory to a dwelling by site plan
approval in the Hamlet Residential Zone, Hamlet Commercial Zone, Rural Development Zone,
and Rural Commercial Zone, subject to the site plan approval provisions of Chapter 31:
(a)
automotive repair shops
(b)
small engine repair shops
(c)
portable sawmill operations
(d)
firewood operations
(e)
construction and recycled building material operations
7.7.1
Household livestock operations, where permitted, shall be subject to the following
requirements:
(a)
lots shall have a minimum lot area of 4,000 square metres;
(b)
the total gross floor area of all animal housing facilities shall not exceed 340 square
metres;
(c)
all animal housing facilities shall meet the applicable zone's requirements for main
building setbacks;
(d)
all manure storage facilities shall meet the applicable zone's requirements for main
buildings;
(e)
all animal housing and manure storage facilities shall be set back a minimum of 50.0
metres from any off-site dwelling; and
(f)
all animal housing and manure storage facilities shall be set back a minimum of 50.0
metres from any watercourse and off-site wells.
7.8.1
Except as provided by Section 6.28 of this by-law, no travel trailer, camper or vehicle shall be
used as an office or retail outlet in any zone.
7.9.1
Notwithstanding zone requirements, parks and playgrounds shall have no minimum lot area and
shall have a minimum lot frontage of 6.0 metres.
7.9.2
Notwithstanding zone requirements, park and playground structures shall have a maximum
height of 10 metres and shall have a minimum setback of 3.0 metres from all lot lines. Where a
parks and playgrounds use is located across multiple lots no setback shall be required from lot
lines internal to the parks and playgrounds use.
Municipality of the District of Yarmouth Land Use By-law
27
7.10.1 Solar collector systems shall be permitted as an accessory use in all zones.
7.10.2 Accessory solar collector systems may be mounted as free-standing structures or on buildings.
7.11.1 Where permitted in a zone, solar collectors as a main use shall meet the following requirements:
(a)
all utility equipment shall be enclosed within a building or screened from view of the
street and adjacent dwellings; and
(b)
all exterior lighting shall be of a full cutoff type and shall not emit light above the
horizontal.
7.12.1 Telecommunications uses are subject to federal approvals processes and are exempt from
municipal planning regulations. As enabled by Industry Canada regulations, the Municipality has
adopted a consultation process for telecommunications towers. Please see Subsection 4.4.6 of
the Municipal Planning Strategy.
7.13.1 Notwithstanding zone requirements, trails and conservation uses shall have no minimum lot
area and no minimum lot frontage.
7.13.2 Notwithstanding zone requirements, trails and conservation structures shall have a maximum
height of 10.0 metres and shall have a minimum setback of 3.0 metres from all lot lines. Where a
trail or conservation use is located across multiple lots no setback shall be required from lot lines
internal to the trail.
7.14.1 Unless otherwise stated, any public utility that is essential for the actual provision of a service,
not including electrical generation stations, wind turbine generators, solar collector systems, and
telecommunication towers, shall be permitted in any zone and shall be exempt from lot
requirements and the requirements of Section 6.13 related to road frontage. These utilities
include, but are not limited to, telephone switching centres, electrical substations, sewage
treatment facilities, and water supply facilities.
7.14.2 For greater clarity, uses not directly related to the provision of service shall not be included in
the exemptions of this Section, and shall only be permitted in accordance with zone
requirements. Such uses include, but are not limited to, administrative offices and maintenance
depots.
Municipality of the District of Yarmouth Land Use By-law
28
7.15.1 Notwithstanding zone requirements, micro wind turbine generators a maximum of 20.0 metres
in height shall be permitted as accessory structures in any zone and may be mounted or
attached to any other building or structure, provided the following requirements are met:
(a)
wind turbines shall have a minimum setback from all lot lines of 1.25 times the total
height of the wind turbine measured either from grade or from the base of any
supporting structure, whichever is greater; and
(b)
no advertising shall be permitted on the wind turbine other than the manufacturer's
name.
7.15.2 Any required setback, yard requirement, or separation distance which cannot be satisfied shall
be waived for the siting of a wind turbine generator where a legal agreement for the siting is
obtained by the developer from the owners of all affected adjacent dwellings, and all property
owners within the required setback, yard requirement, and separation distance.
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-7.1.1(d)(ii)
03.07.2025
LUB
Amendment
File #253
Removed requirement for
Accessory Dwellings to be
located in the rear or side
yard.
Municipality of the District of Yarmouth Land Use By-law
29
8.1.1
The requirements of this Part shall not apply to any land use that was in existence on the
effective date of this By-law.
8.1.2
Where a change in use would require parking that could not be accommodated on the lot
without the demolition, in whole or in part, of a main building existing on November 15, 2023
the Development Officer may consider a reduction in the number of parking spaces via the
variance process as outlined in Section 5.6.
8.2.1
No development permit shall be issued for any development unless off-street parking, located on
the same lot of the use, is provided, with unobstructed access to a public or private road. The
parking shall be provided and maintained in conformity with Table 5.
8.2.2
Notwithstanding Subsection 8.2.1, where an existing developed lot in any zone is not capable of
providing some or all of the required number of parking spaces for the intended use, such
spaces shall be permitted on another lot, provided the nearest portion is within 91.0 metres of
the location it is intended to serve and provided that all other applicable parking requirements
are satisfied. In cases where the parking area is immediately adjacent to the lot with the use it is
intended to serve, applicable side or rear setback distance for parking shall be waived.
8.2.3
Where a lot contains more than one use, the number of required parking spaces shall be the
sum of the number of parking spaces required for each use.
8.2.4
Where the number of automobile parking spaces required includes a fraction or fractions of
whole spaces, the number of spaces for all uses shall be totalled before any rounding, and then
the total shall be rounded to the nearest whole number. Half spaces shall be rounded down.
8.2.5
Required automobile parking spaces shall be:
(a)
a minimum of 2.5 metres wide by 5.5 metres long for 90-degree spaces;
(b)
a minimum of 3.6 metres wide by 5.7 metres long for angled spaces; and
(c)
except for dwellings with fewer than four units, shall be independently accessible.
8.2.6
Where barrier-free parking spaces are required by other legislation or provided, every effort
shall be made to ensure barrier-free parking spaces comply with the standards provided in the
most recent CSA B651 Accessible Design for the Built Environment.
Municipality of the District of Yarmouth Land Use By-law
30
8.2.7
Notwithstanding Subsection 8.2.5, where the number of required automobile parking spaces
exceeds 10, up to 10% of the spaces may be intended for small cars. Such spaces shall:
(a)
be 90-degree spaces;
(b)
have minimum dimensions of 2.3 metres wide by 4.6 metres long; and
(c)
be labeled "Small Car".
Table 5: Minimum Automobile Parking Space Requirements
Type of Use
Parking Spaces Required
(a) Dwellings
1 space per dwelling unit for the first two dwelling units
on a lot and 1.25 spaces per dwelling unit thereafter.
(b) Special Care Homes
1 space per every 2 sleeping units or 1 space per 37
m2 of gross floor area, whichever is greater.
(c) Accommodations, Boarding
House
1 per sleeping unit.
(d) Home Occupations
i.
Intensive
ii.
Low-impact
2 spaces.
1 space.
(e) Recreation Facilities
i.
Indoor
1 space per 50 m2 of gross floor area devoted to public
use, excluding hallways, aisles, vestibules, washrooms,
closets.
(f) Cultural Facilities
1 space per 50 m2 of gross floor area, excluding
hallways, aisles, vestibules, washrooms, and closets.
(g) Restaurants
i.
Eat-in, Drive-through
ii.
Take Out
1 space per 20 m2 of gross floor area.
3 spaces.
(h) Business or Professional Offices
1 space per 50 m2 of gross floor area.
(i) Funeral Homes
1 space per 15 m2 of gross floor area, not including area
dedicated to crematoria.
(j) Other Commercial Uses
1 space per 28 m2 of commercial floor area.
(k) Industrial uses
1 space per 42 m2 of gross floor area.
Municipality of the District of Yarmouth Land Use By-law
31
8.3.1
The minimum number of automobile parking spaces required for a use, as outlined in Section
8.2 may be reduced by 1 for every 4 bicycle parking spaces provided that meets the standards of
Section 8.5, for uses within the Hamlet Residential, Residential General, Commercial General,
and Hamlet Commercial Zones.
8.3.2
The maximum reduction of automobile parking spaces provided by Subsection 8.3.1 shall be
limited to 6 spaces or 10% of the required automobile parking spaces, whichever is greater.
8.4.1
Where parking for more than four vehicles is required or provided, the facilities shall meet the
following requirements:
(a)
the parking area shall be maintained with a stable surface that is treated to prevent
the raising of dust or loose particles;
(b)
the lights used for illumination of the parking lot or parking station shall be so
arranged as to divert the light away from streets, adjacent lots, and buildings;
(c)
a structure, not more than 4.6 metres in height and not more than 5.0 square metres
in area may be erected in the parking area for the use of attendants;
(d)
when the parking area is of a permanent hard surface, each parking space shall be
clearly marked and maintained;
(e)
approaches or driveways to any parking area, other than that required for a single
detached dwelling, semi-detached dwelling, or a duplex dwelling shall be defined by a
curb of concrete or rolled asphalt and the limits of the parking area shall be defined
by a curb, fence, or other suitable obstruction designed to provide a neat
appearance;
(f)
the location of approaches or driveways shall not be closer than 15.0 metres from
the limits of the right-of-way at a street intersection;
(g)
exit and entrance ramps to parking areas shall not exceed two in number on any one
street and each ramp shall be at least 6.0 metres in width and not greater than 9.0
metres at the street line. Where frontage exceeds 150 metres on one street, three
ramps may be permitted on that street; and
(h)
the width of a driveway leading to parking or loading areas, or of a driveway or aisle
in a parking area, shall be a minimum of 3.0 metres for one-way traffic and a
minimum of 6.0 metres for two-way traffic, and the maximum width of a driveway
shall be 9.0 metres.
8.4.2
Where the parking area is located between a main building and a street, any parking lot for 4 or
more automobile parking spaces shall provide a pedestrian pathway between the street and the
main entrance of the main building, delineated with curbs or other similar barriers or a change
of colour, material, or elevation. The pedestrian pathway shall be a minimum 1.5 metres wide
and surfaced with asphalt, concrete, or interlocking paving stones.
Municipality of the District of Yarmouth Land Use By-law
32
8.5.1
Each bicycle parking space provided for the purposes of Section 8.3 shall:
(a)
be located between the main building and the front lot line unless, in the opinion of
the Development Officer, this location is impossible due to the main building being
located on or near to the front lot line;
(b)
be accessible to the public;
(c)
have a minimum width of 0.6 metres and a minimum length of 2.0 metres;
(d)
be free of obstructions to a height of 2.0 metres;
(e)
be surfaced with asphalt, concrete, or interlocking paving stones;
(f)
not obstruct vehicular or pedestrian circulation;
(g)
be accessed by an access lane with a minimum unobstructed width of 1.2 metres;
and
(h)
include an "inverted U" or "post-and-ring" bicycle rack that:
i.
is located on one side of the parking space and oriented parallel to the length
of the parking space;
ii.
is permanently mounted into or onto the surface with the midline of the rack
at the midline of the length of the parking space; and
iii. is made of metal.
8.5.2
For greater clarity, one bicycle rack may be used to fulfill the rack requirements for two adjacent
bicycle parking spaces by placing it on the shared border of the two spaces.
8.6.1
In any zone where commercial or industrial uses are permitted, no person shall erect or use any
building or structure for commercial or industrial purposes involving the frequent shipping,
loading or unloading of persons, animals or goods, unless there is maintained on the same
premises with every such building, structure or use, one offstreet space for standing, loading,
and unloading for every 3,000 square metres or fraction thereof of building floor area used for
any such purpose to a maximum of 6 loading spaces.
8.6.2
A loading space shall be at least 3.65 metres by 12.2 metres with a minimum of 4.3 metres in
height clearance.
8.6.3
A loading space or spaces shall be located on the same lot and in the same zone as the use and
have unobstructed access to a public road or private road.
8.6.4
The provision of a loading space for any building with less than 150 square metres of gross floor
area shall be optional.
8.6.5
No loading space shall be located within any required front yard of a lot, or be located within
any yard that abuts a Residential General, Low-density Residential, Multiple Unit Residential,
Hamlet Residential, or Recreation Zone.
Municipality of the District of Yarmouth Land Use By-law
33
8.6.6
Loading space areas, including driveways leading thereto, shall be constructed of and
maintained with a stable surface which is treated so as to prevent the raising of dust or loose
particles.
8.6.7
Ingress and egress to and from a required loading space shall be provided by means of
unobstructed driveways with a minimum width of 3.0 metres for one-way traffic and a minimum
width of 6.0 metred for two-way traffic.
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
34
9.1.1
Where this part is inconsistent with the regulations respecting advertising signs on or near
public highways made or administered by the Department of Public Works, the more restrictive
regulations shall apply.
9.1.2
No person shall erect a sign without first obtaining a permit from the Development Officer and
no permit to erect a sign shall be issued unless all the sign provisions of this By-law are satisfied.
9.1.3
No commercial sign shall be permitted in the Dykelands Zone or Coastal Wetlands Zone.
9.2.1
The following signs shall not be permitted in any zone:
(a)
signs that incorporate in any manner any flashing or moving illumination which varies
in intensity, or which varies in color and signs that have any visible moving parts,
visible revolving parts, or visible mechanical movement of any description, or other
apparent visible movement, achieved by electrical pulsations or by actions of normal
wind currents;
(b)
any sign or sign structure that constitutes a hazard to public safety or health;
(c)
signs that by reason of size, location, content, colouring or manner of illumination
obstruct the vision of drivers either when leaving a roadway or driveway, or obstruct
or detract from the visibility or effectiveness of any traffic sign or control device on
public roads;
(d)
any sign that obstructs free ingress to or egress from a fire escape door, window, or
other required exit way;
(e)
signs not erected by a public authority that make use of words such as "STOP",
"LOOK", "ONE WAY", "DANGER", "YIELD" or any similar words, phrases, symbols,
lights, and characters in such manner as to interfere with, mislead, or confuse traffic
along a public road;
(f)
signs on public property or public rights-of-way unless erected by a governmental
body, or unless required to be so located by order of a governmental body, but no
sign located on public property or a public right-of-way shall bear any commercial
advertising;
(g)
signs not erected by a public authority that are located at or near sharp road curves
or below the crest of a steep road grade;
(h)
search lights, pennants, spinners, banners, and streamers except for occasions such
as grand openings, county fairs, public festivals, exhibitions, and similar occasions;
and
(i)
any sign that no longer advertises a bona fide business conducted or a product sold.
Municipality of the District of Yarmouth Land Use By-law
35
9.3.1
Notwithstanding any other provisions of this By-law, the following signs are permitted in all
zones without requirement for a development permit:
(a)
"No Trespassing" signs or other such signs regulating the use of a property, and of
not more than 0.2 square metres in sign area;
(b)
election signs;
(c)
memorial signs or tablets and signs denoting the date of erection of a structure, not
exceeding 2.0 square metres in sign area;
(d)
real estate signs not exceeding 0.5 square metres in sign area in a residential or
hamlet zone and 1.4 square metres in sign area in other zones, which advertise the
sale, rental, or lease of the premises;
(e)
signs erected by a governmental body, or under the direction of such a body, and
bearing no commercial advertising, such as traffic signs, safety signs, signs identifying
public schools, public election lists, signs giving legal notice, planning application
signs, and public identification and information signs;
(f)
signs identifying the name and address of resident, and not more than 0.2 square
metres in sign area;
(g)
signs incidental to construction and having an area not more than 5.0 square metres
and within the area designated for such purposes;
(h)
signs mounted on the interior surface of sporting facilities such as, but not limited to,
signs mounted on baseball diamond fences, provided the faces of such signs are not
visible from adjacent streets;
(i)
signs regulating or denoting on-premise traffic, or parking or other signs denoting the
direction or function of various parts of a building or premise, provided that such
signs are less than 0.5 square metres in area;
(j)
the flag, pennant, or insignia of any nation, province, or state or of any religious,
charitable, or fraternal organization; and
(k)
interpretive panels describing the history, science, or cultural relevance of a location
and bearing no commercial advertising.
9.4.1
No facial wall sign shall:
(a)
extend above the top of the wall on which it is placed; or
(b)
extend beyond the extremities of the wall upon which it is attached.
Municipality of the District of Yarmouth Land Use By-law
36
9.5.1
No ground sign shall:
(a)
extend beyond a property line or project over public rights-of-way, other adjoining
lands, or any driveway or parking space; or
(b)
be set back less than 1.5 metres from any street line, common lot boundary,
driveway, or parking area.
9.6.1
No projecting wall sign shall:
(a)
project more than 2.0 metres from the wall upon which it is attached;
(b)
project over a public right-of-way;
(c)
project above the eaves, parapet, or roof line of a building;
(d)
be permitted to swing freely on its supports; or
(e)
be erected below a height of 3.0 metres or above a height of 4.5 metres above grade.
9.7.1
No roof sign shall:
(a)
extend beyond the extremities of the roof to which it is affixed; or
(b)
be permitted to swing freely on its supports.
Reference No.
Effective Date
File or Project
General Nature of Change
37
Municipality of the District of Yarmouth Land Use By-law
10.1.1 The main uses permitted in the zone are indicated in Tables 6 and 7, subject to the following
scheme:
(a)
"P" indicates that uses are permitted in the zone, subject to all applicable
requirements of this By-law;
(b)
"PC" indicates that uses are permitted in the zone, subject to all applicable
requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or in the specific chapter for that zone;
(c)
"S" indicates that uses are permitted in the zone by site plan approval, subject to the
site plan approval criteria of Chapter 31;
(d)
"DA" indicates that uses are permitted in the zone by development agreement,
subject to the MPS policy indicated in the specific chapter for that zone; and
(e)
"-" indicates that uses are not permitted in that zone.
Please note that municipal land use planning does not regulate resource extraction uses that do not
involve structures. Such uses include, but are not limited to, animal grazing, cropping, timber harvesting,
and quarrying. These uses may occur even though zones do not expressly permit them, subject to all
applicable provincial and federal regulations. However, associated structures and long-term activities are
typically subject to this Land Use By-law. For example, timber harvesting is not controlled by this By-law,
but sawmills are included under the definition of "Forestry-related uses". Similarly, quarrying would not
be controlled by this By-law, but a storage site for processed aggregate is included in "Aggregate-related
industries
38
Municipality of the District of Yarmouth Land Use By-law
Table 6: Permitted uses, Residential
Use
RG
LDR
MU
CG
HR
HC
RD
RC
AP
ANR
BIP
MI
GI
WS
LR
SE
FP
DL
LH
REC
Boarding/Rooming House
P
P
P
-
P
P
P
P
-
-
-
-
-
-
S
-
-
-
-
-
Dwellings
1 dwelling unit per lot
2 dwelling units per lot
3-4 dwelling units per lot
5-10 dwelling units per lot
>10 dwelling units per lot
P
P
P
DA
DA
P
P
P
-
-
P
P
P
P
DA
-
-
-
DA
DA
P
P
P
DA
DA
P
P
P
DA
DA
P
P
P
DA
DA
P
P
P
DA
DA
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
S
S
DA
DA
DA
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Small Options Home
P
P
P
-
P
P
P
P
-
-
-
-
-
P
S
-
-
-
-
-
Special Care Homes
P
-
P
P
P
P
P
P
-
-
-
-
-
-
S
-
-
-
-
-
Table 7: Permitted uses, Non-residential
Use
RG
LDR
MU
CG
HR
HC
RD
RC
AP
ANR
BIP
MI
GI
WS
LR
SE
FP
DL
LH
REC
Abattoirs
Larger than 400 m2 GFA
400 m2 GFA or smaller
-
-
-
-
-
-
-
-
-
P
-
P
-
P
-
P
-
-
-
P
-
P
-
-
DA
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Accommodations
Non-Primary Residence STR
Primary Residence STR
Traditional Tourist
(CHG-4-74A)
P
P
-
P
P
-
P
P
-
-
-
P
P
P
-
-
-
P
P
P
-
P
P
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
S
S
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Aggregate-related Industries
-
-
-
-
-
-
-
-
-
-
S
-
S
-
-
-
-
-
-
-
Agriculture-related Uses
-
P
-
-
P
P
P
P
-
P
P
-
P
-
-
-
-
-
-
-
Aircraft Parts and Aircraft
Assembly Plants
-
-
-
-
-
-
-
-
P
-
P
-
P
-
-
-
-
-
-
-
Airport Instrument Approach
-
-
-
-
-
-
P
-
P
P
-
-
-
-
P
-
-
-
-
-
Airport Navigational Systems
-
-
-
-
-
-
P
-
P
P
-
-
-
-
P
-
-
-
-
-
Airport-related Uses
-
-
-
-
-
-
-
-
P
-
-
-
-
-
-
-
-
-
-
-
Animal Care
-
-
-
P
-
P
-
P
-
-
P
-
-
-
-
-
-
-
-
-
Animal Rendering Plants
-
-
-
-
-
-
-
-
-
-
-
-
DA
-
-
-
-
-
-
-
Municipality of the District of Yarmouth Land Use By-law
39
Use
RG
LDR
MU
CG
HR
HC
RD
RC
AP
ANR
BIP
MI
GI
WS
LR
SE
FP
DL
LH
REC
Animal Shelter
-
-
-
P
-
P
P
P
-
-
P
-
-
-
-
-
-
-
-
-
Aquaculture Operations,
Recirculating (Land-based)
-
-
-
-
-
-
-
-
-
-
DA
DA
DA
-
-
-
-
-
-
-
Asphalt Paving Plants,
Permanent
-
-
-
-
-
-
DA
-
-
-
-
-
DA
-
-
-
-
-
-
-
Automobile Sales, Rentals,
Service Stations, and Car
Washes
-
-
-
PC
-
-
-
PC
PC
PC
PC
-
PC
-
-
-
-
-
-
-
Aviation Clubs
-
-
-
-
-
-
-
-
P
P
-
-
-
-
-
-
-
-
-
-
Banks and Financial
Institutions
-
-
-
P
-
P
-
P
P
P
-
-
-
-
-
-
-
-
-
-
Building Contractor
-
-
-
P
-
P
-
P
-
P
P
-
P
-
-
-
-
-
-
-
Bulk Petroleum Storage
Depots
-
-
-
-
-
-
-
-
S
-
-
-
S
-
-
-
-
-
-
-
Business and Professional
Offices
-
-
-
P
-
P
-
P
P
P
-
-
P
-
-
-
-
-
-
-
Call Centres
-
-
-
P
-
-
-
P
P
-
P
P
P
-
-
-
-
-
-
-
Campgrounds
-
-
-
P
-
P
P
P
-
-
-
-
-
-
-
-
-
-
-
P
Cemeteries
PC
PC
-
-
PC
PC
PC
PC
-
PC
-
-
PC
-
-
-
-
-
-
PC
Commercial Fitness Centres
-
-
-
P
-
P
-
P
P
P
P
-
-
-
-
-
-
-
-
-
Commercial Schools
-
-
-
P
-
P
-
P
P
-
P
P
P
-
-
-
-
-
-
-
Commercial Storage Facilities
-
-
-
P
-
P
-
P
P
-
P
P
P
-
-
-
-
-
-
-
Community Centres and
Community Clubs
P
P
P
P
P
P
P
P
P
P
P
P
P
-
P
-
-
-
-
P
Concrete Plants
-
-
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
-
-
-
Cultural Facilities
-
-
-
P
-
P
-
P
P
-
-
P
-
-
-
-
-
-
P
-
Daycare Operations
P
P
P
P
P
P
P
P
-
-
-
-
-
-
P
-
-
-
-
-
Display Court
-
-
-
P
-
-
-
P
P
P
P
-
P
-
-
-
-
-
-
-
Drive-in Theatres
-
-
-
P
-
P
-
P
P
-
-
-
-
-
-
-
-
-
-
-
Electric Vehicle Charging as a
Main Use
-
-
-
PC
-
PC
-
PC
PC
-
PC
-
PC
-
-
-
-
-
-
-
Emergency Services
-
-
-
P
-
P
-
P
P
-
P
P
P
-
-
-
-
-
-
-
Municipality of the District of Yarmouth Land Use By-law
40
Use
RG
LDR
MU
CG
HR
HC
RD
RC
AP
ANR
BIP
MI
GI
WS
LR
SE
FP
DL
LH
REC
Equestrian Facilities
-
-
-
-
-
P
P
P
-
-
-
-
-
-
-
-
-
-
-
P
Equipment Storage Buildings
-
-
-
-
-
-
-
-
P
-
P
P
P
-
-
-
-
-
-
-
Farm Machinery Sales and
Services
-
-
-
P
-
P
-
P
P
-
P
-
P
-
-
-
-
-
-
-
Farmers' Markets
-
-
-
P
-
P
P
P
-
-
-
-
-
-
-
-
-
-
-
-
Fish Coolers and Freezers
-
-
-
-
-
-
-
-
P
-
P
P
P
-
-
-
-
-
-
-
Fish Reduction Operations
-
-
-
-
-
-
DA
-
-
-
-
DA
DA
-
-
-
-
-
-
-
Fishery and Marine-related
Service Industries
-
-
-
-
-
-
-
-
-
-
-
P
P
-
-
-
-
-
-
-
Food Processing Plants
-
-
-
-
-
-
-
-
-
-
S
S
S
-
-
-
-
-
-
-
Forestry-related Uses
-
-
-
-
P
P
P
P
-
P
-
-
P
-
-
-
-
-
-
-
Funeral Homes
-
-
-
P
-
P
-
P
P
-
P
-
P
-
-
-
-
-
-
-
Fur Farms
-
-
-
-
-
-
DA
-
-
DA
-
-
-
-
-
-
-
-
-
-
Garden and Nursery Sales
and Supplies
-
-
-
P
-
P
-
P
P
-
P
-
P
-
-
-
-
-
-
-
Government Buildings and
Offices
-
-
-
P
-
P
-
P
P
-
P
P
P
-
-
-
-
-
-
-
Industrial Uses
Heavy
Light
-
-
-
-
-
-
-
S
-
-
-
S
-
-
-
S
-
P
-
P
-
P
-
P
P
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Institutional Uses
P
P
P
P
P
P
P
P
P
-
-
-
-
-
P
-
-
-
P
P
Interpretive Centres
-
-
-
P
-
P
-
P
P
-
-
-
-
-
-
-
-
-
P
P
Kennels
-
-
-
-
-
-
-
P
P
-
P
-
-
-
-
-
-
-
-
-
Licensed Liquor
Establishments
-
-
-
P
-
P
-
P
-
-
-
-
-
-
-
-
-
-
-
-
Livestock Operations
Household
Intensive
PC
-
PC
-
PC
-
-
-
PC
-
PC
-
PC
DA
PC
-
-
-
-
DA
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Lobster Holding Facilities
-
-
-
-
-
-
-
-
P
-
-
P
P
-
-
-
-
-
-
-
Marinas
-
-
-
-
-
-
-
P
-
-
-
P
P
-
P
-
-
-
-
P
Marine Railway Facilities
-
-
-
-
-
-
-
-
-
-
-
P
P
-
-
-
-
-
-
-
Municipality of the District of Yarmouth Land Use By-law
41
Use
RG
LDR
MU
CG
HR
HC
RD
RC
AP
ANR
BIP
MI
GI
WS
LR
SE
FP
DL
LH
REC
Medical Clinics
-
-
P
P
-
P
-
P
-
-
-
-
-
-
-
-
-
-
-
-
Municipal Landfill Sites
-
-
-
-
-
-
-
-
P
-
-
-
P
-
-
-
-
-
-
-
Parking Lots and Parking
Structures
-
-
-
P
-
P
-
P
P
-
P
P
P
-
-
-
-
-
-
-
Parks and Playgrounds
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
-
PC
-
PC
PC
PC
-
PC
PC
Personal Service Shops
-
-
P
P
-
P
-
P
-
-
-
-
-
-
-
-
-
-
-
-
Places of Worship
P
P
P
P
P
P
P
P
-
-
-
-
-
-
P
-
-
-
P
P
Private Recreational Uses
Indoor
Outdoor
-
P
-
P
-
P
P
P
-
P
P
-
-
P
P
P
P
P
-
P
P
P
-
-
-
P
-
-
-
P
-
-
-
-
-
-
-
P
-
P
Racing Tracks
Animal
Motor Vehicle
-
-
-
-
-
-
-
-
-
-
-
-
DA
DA
P
-
P
-
DA
DA
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Recreational Boat,
Snowmobile, Recreational
Vehicle and Travel Trailer
Sales, Services, and Rentals
-
-
-
P
-
P
-
P
P
P
P
P
P
-
-
-
-
-
-
-
Recycling Depots
-
-
-
S
-
S
-
S
S
-
S
-
S
-
-
-
-
-
-
-
Restaurants
-
-
-
P
-
P
-
P
P
-
-
P
-
-
-
-
-
-
P
-
Retail Stores
-
-
-
P
-
P
-
P
P
P
-
-
-
-
-
-
-
-
-
-
RV Park
-
-
-
-
-
S
S
S
-
-
-
-
-
-
S
-
-
-
-
S
Salvage and Scrap Yards
-
-
-
-
-
-
DA
-
-
-
-
-
DA
-
-
-
-
-
-
-
Shooting Ranges
-
-
-
-
-
-
DA
-
-
DA
-
-
-
-
-
-
-
-
-
-
Slipways
-
-
-
-
-
-
-
-
-
-
-
P
P
-
P
-
-
-
-
-
Small Item Repair Shops
-
-
-
P
-
P
P
P
-
P
-
-
P
-
-
-
-
-
-
-
Solar Collectors as a Main Use
-
-
-
-
-
PC
PC
PC
PC
PC
PC
-
PC
-
-
-
-
-
-
-
Solid Waste Disposal
-
-
-
-
-
-
DA
-
-
-
-
-
DA
-
-
-
-
-
-
-
Taxi and Bus Stations
-
-
-
P
-
P
-
P
P
P
P
-
-
-
-
-
-
-
-
-
Tour Operators
-
-
-
P
-
P
-
P
-
-
-
-
-
-
-
-
-
-
P
P
Trails and Conservation Uses
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
Utilities
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
Municipality of the District of Yarmouth Land Use By-law
42
Use
RG
LDR
MU
CG
HR
HC
RD
RC
AP
ANR
BIP
MI
GI
WS
LR
SE
FP
DL
LH
REC
Wharves
-
-
-
-
-
-
P
P
-
-
-
P
P
-
P
-
-
-
-
-
Wholesale and Distribution
Operations
-
-
-
-
-
-
-
-
P
-
P
P
P
-
-
-
-
-
-
-
Wind Turbine Generators
Small-scale
Large-scale
-
-
-
-
-
-
-
-
-
-
S
-
S
DA
S
-
-
-
-
-
S
-
S
-
S
-
S
-
S
-
-
-
-
-
-
-
-
-
-
-
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
43
Municipality of the District of Yarmouth Land Use By-law
This zone is intended to accommodate a range of residential uses, as well as institutional and
recreational uses in serviced areas of the municipality.
11.2.1 The following uses shall be permitted as a main use in the Residential General (RG) Zone subject
to the requirements of this By-law:
(a)
Boarding/Rooming House
(b)
Community Centres and Community Clubs
(c)
Daycare Operations
(d)
Dwellings - 1 to 4 dwelling units per lot
(e)
Institutional Uses
(eA)
Non-Primary Residence STR (CHG-4-74A)
(f)
Places of Worship
(g)
Private Recreational Uses - Outdoor
(h)
Small Options Home
(i)
Special Care Homes
11.3.1 The following uses are permitted as main uses in the Residential General Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Cemeteries - Section 7.3
(b)
Household Livestock Operations - Section 7.7
(c)
Parks and Playgrounds - Section 7.9
(d)
Trails and Conservation Uses - Section 7.13
(e)
Utilities - Section 7.14
11.4.1 The following uses are permitted by site plan approval in the Residential General Zone subject to
the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of a non-conforming use
Municipality of the District of Yarmouth Land Use By-law
44
11.5.1 The following uses are permitted by development agreement in the Residential General Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Dwellings with 5 or more units on a lot - MPS Policy 4-56
11.6.1 In the Residential General Zone, no development permit shall be issued except in conformance
with the following requirements:
Table 8: RG Zone Development Standards
Standard
Dwellings & Non-Primary
Residence STRs (CHG-4-74A)
All Other Permitted
Main Uses
(a) Minimum Lot Area
i. Sewer-serviced
ii.
Unserviced
250 m2 /unit
See Dept of Env.
1,000 m2
See Dept of Env.
(b) Minimum Lot Frontage
6.0 m
12.0 m
(c) Minimum Front / Flankage
Setback
3.0 m
3.0 m
(d) Minimum Side Setback
1.8 m on one side, 3.0 m on the other
3.0 m on both sides
(e) Minimum Rear Setback
7.6 m
7.6 m
(f) Maximum Building Height
10.7 m
10.7 m
None
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
Municipality of the District of Yarmouth Land Use By-law
45
This zone is intended to accommodate a range of lower density residential uses, as well as institutional
and recreational uses.
12.2.1 The following uses shall be permitted as a main use in the Low-density Residential (LDR) Zone
subject to the requirements of this By-law:
(a)
Agriculture-related Uses
(b)
Boarding/Rooming House
(c)
Community Centres and Community Clubs
(d)
Daycare Operations
(e)
Dwellings - 1 to 4 dwelling units per lot
(f)
Institutional Uses
(fA)
Non-Primary Residence STR (CHG-4-74A)
(g)
Places of Worship
(h)
Private Recreational Uses - Outdoor
(i)
Small Options Home
12.3.1 The following uses are permitted as main uses in the Lower-density Residential Zone subject to
all applicable requirements of this By-law, and to use-specific requirements found either in
Chapter 7 of this By-law or the special zone requirements:
(a)
Cemeteries - Section 7.3
(b)
Household Livestock Operations - Section 7.7
(c)
Parks and Playgrounds - Section 7.9
(d)
Trails and Conservation Uses - Section 7.13
(e)
Utilities - Section 7.14
12.4.1 The following uses are permitted by site plan approval in the Lower-density Residential Zone
subject to the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of a non-conforming use
Municipality of the District of Yarmouth Land Use By-law
46
12.5.1 The following uses are permitted by development agreement in the Lower-density Residential
Zone subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
12.6.1 In the Lower Density Residential Zone, no development permit shall be issued except in
conformance with the following requirements:
Table 9: LDR Zone Development Standards
Standard
Dwellings & Non-Primary
Residence STRs (CHG-4-74A)
All Other Permitted
Main Uses
(a) Minimum Lot Area
i.
Sewer-serviced
ii.
Unserviced
250 m2 /unit
See Dept of Env.
1,000 m2
See Dept of Env.
(b) Minimum Lot Frontage
6.0 m
12.0 m
(c) Minimum Front / Flankage
Setback
3.0 m
3.0 m
(d) Minimum Side Setback
1.8 m on one side, 3.0 m on the other
3.0 m on both sides
(e) Minimum Rear Setback
7.6 m
7.6 m
(f) Maximum Building Height
10.7 m
10.7 m
None
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
Municipality of the District of Yarmouth Land Use By-law
47
This zone is intended primarily for multiple unit dwellings.
13.2.1 The following uses shall be permitted as a main use in the Multiple Unit Residential (MU) Zone
subject to the requirements of this By-law:
(a)
Boarding/Rooming House
(b)
Community Centres and Community Clubs
(c)
Daycare Operations
(d)
Dwellings - 1 to 10 dwelling units per lot
(e)
Institutional Uses
(f)
Medical Clinics
(fA)
Non-Primary Residence STR (CHG-4-74A)
(g)
Personal Service Shops
(h)
Places of Worship
(i)
Private Recreational Uses - Outdoor
(j)
Small Options Home
(k)
Special Care Homes
13.3.1 The following uses are permitted as main uses in the Multiple Unit Residential Zone subject to
all applicable requirements of this By-law, and to use-specific requirements found either in
Chapter 7 of this By-law or the special zone requirements:
(a)
Household Livestock Operations - Section 7.7
(b)
Parks and Playgrounds - Section 7.9
(c)
Trails and Conservation Uses - Section 7.13
(d)
Utilities - Section 7.14
13.4.1 The following uses are permitted by site plan approval in the Multiple Unit Residential Zone
subject to the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of a non-conforming use
Municipality of the District of Yarmouth Land Use By-law
48
13.5.1 The following uses are permitted by development agreement in the Multiple Unit Residential
Zone subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Dwellings with over 10 units on a lot - MPS Policy 4-56
13.6.1 In the Multiple Unit Residential Zone, no development permit shall be issued except in
conformance with the following requirements:
Table 10: MU Zone Development Standards
Standard
Dwellings & Non-Primary
Residence STRs (CHG-4-74A)
All Other Permitted
Main Uses
(a) Minimum Lot Area
i.
Sewer-serviced
ii.
Unserviced
150 m2 /unit
See Dept of Env.
1,000 m2
See Dept of Env.
(b) Minimum Lot Frontage
6.0 m
12.0 m
(c) Minimum Front / Flankage
Setback
3.0 m
3.0 m
(d) Minimum Side Setback
1.8 m on one side, 3 m on the other
3.0 m on both sides
(e) Minimum Rear Setback
7.6 m
7.6 m
(f) Maximum Building Height
14.0 m
14.0 m
None
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
Municipality of the District of Yarmouth Land Use By-law
49
14.1.1 This zone is intended to accommodate a wide range of commercial uses along Highway 1,
between the north tip of Lake Milo and Greenville Road.
14.2.1 The following uses shall be permitted as a main use in the Commercial General (CG) Zone
subject to the requirements of this By-law:
(a)
Accommodations, Traditional Tourist (CHG-4-74A)
(b)
Animal Care
(c)
Animal Shelter
(d)
Banks and Financial Institutions
(e)
Building Contractor
(f)
Business and Professional Offices
(g)
Call Centres
(h)
Campgrounds
(i)
Commercial Fitness Centres
(j)
Commercial Schools
(k)
Commercial Storage Facilities
(l)
Community Centres and Community Clubs
(m)
Cultural Facilities
(n)
Daycare Operations
(o)
Display Court
(p)
Drive-in Theatres
(q)
Emergency Services
(r)
Farm Machinery Sales and Service
(s)
Farmers' Markets
(t)
Funeral Homes
(u)
Garden and Nursery Sales and Supplies
(v)
Government Buildings and Offices
(w)
Institutional Uses
(x)
Interpretive Centres
(y)
Licensed Liquor Establishments
(z)
Medical Clinics
(aa)
Parking Lots and Parking Structures
(bb)
Personal Service Shops
(cc)
Places of Worship
Municipality of the District of Yarmouth Land Use By-law
50
(dd)
Private Recreational Uses
(ee)
Recreational Boat, Snowmobile, Recreational Vehicle, and Travel Trailer Sales,
Services, and Rentals
(ff)
Restaurants
(gg)
Retail Stores
(hh)
Small Item Repair Shops
(ii)
Taxi and Bus Stations
(jj)
Tour Operators
(kk)
Special Care Homes
14.3.1 The following uses are permitted as main uses in the Commercial General Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Automobile Sales, Rentals, Service Stations, and Car Washes - Section 7.2
(b)
Electric Vehicle Charging as a main use - Section 7.4
(c)
Parks and Playgrounds - Section 7.9
(d)
Trails and Conservation Uses - Section 7.13
(e)
Utilities - Section 7.14
14.4.1 The following uses are permitted by site plan approval in the Commercial General Zone subject
to the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
(b)
Light Industrial Uses
(c)
Recycling Depots
14.5.1 The following uses are permitted by development agreement in the Commercial General Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Dwellings with 5 or more units on a lot - MPS Policy 4-56
Municipality of the District of Yarmouth Land Use By-law
51
14.6.1 In the Commercial General Zone, no development permit shall be issued except in conformance
with the following requirements:
Table 11: CG Zone Development Standards
Standard
All Permitted Main Uses
(a) Minimum Lot Area
i.
Sewer-serviced
ii.
Unserviced
900 m2
See Dept of Env.
(b) Minimum Lot Frontage
15.0 m
(c) Minimum Front / Flankage
Setback
7.6 m
(d) Minimum Side Setback
3.0 m on both sides
(e) Minimum Rear Setback
7.6 m
(f) Maximum Building Height
10.7 m
None
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
Municipality of the District of Yarmouth Land Use By-law
52
15.1.1 This zone is intended to primarily accommodate the lower density residential neighbourhoods in
hamlets, with some opportunities for agricultural and institutional development.
15.2.1 The following uses shall be permitted as a main use in the Hamlet Residential (HR) Zone subject
to the requirements of this By-law:
(a)
Abattoirs -400 m2 gross floor area or smaller
(b)
Agriculture-related Uses
(c)
Boarding/Rooming House
(d)
Community Centres and Community Clubs
(e)
Daycare Operations
(f)
Dwellings - 1 to 4 dwelling units per lot
(g)
Forestry-related Uses
(h)
Institutional Uses
(hA)
Non-Primary Residence STRs (CHG-4-74A)
(i)
Places of Worship
(j)
Private Recreational Uses - Outdoor
(k)
Small Options Home
(l)
Special Care Homes
15.3.1 The following uses are permitted as main uses in the Hamlet Residential Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Cemeteries - Section 7.3
(b)
Household Livestock Operations - Section 7.7
(c)
Parks and Playgrounds - Section 7.9
(d)
Trails and Conservation Uses - Section 7.13
(e)
Utilities - Section 7.14
Municipality of the District of Yarmouth Land Use By-law
53
15.4.1 The following uses are permitted by site plan approval in the Hamlet Residential Zone subject to
the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
15.5.1 The following uses are permitted by development agreement in the Hamlet Residential Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Dwellings with 5 or more units on a lot - MPS Policy 4-56
15.6.1 In the Hamlet Residential Zone, no development permit shall be issued except in conformance
with the following requirements:
Table 12: HR Zone Development Standards
Standard
Dwellings & Non-Primary
Residence STRs (CHG-4-74A)
All Other Permitted
Main Uses
(a) Minimum Lot Area
i.
Sewer-serviced
ii.
Unserviced
500 m2 /unit
See Dept of Env.
2,000 m2
See Dept of Env.
(b) Minimum Lot Frontage
12.0 m
15.0 m
(c) Minimum Front / Flankage
Setback
7.6 m
7.6 m
(d) Minimum Side Setback
1.8 m on one side, 3.0 m on the other
3.0 m on both sides
(e) Minimum Rear Setback
7.6 m
7.6 m
(f) Maximum Building Height
10.7 m
10.7 m
None
Municipality of the District of Yarmouth Land Use By-law
54
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
Municipality of the District of Yarmouth Land Use By-law
55
This zone is intended to accommodate small-scale commercial development in hamlets.
16.2.1 The following uses shall be permitted as a main use in the Hamlet Commercial (HC) Zone subject
to the requirements of this By-law:
(a)
Accommodations, All (CHG-4-74A)
(b)
Abattoirs -400 m2 gross floor area or smaller
(c)
Agriculture-related Uses
(d)
Animal Care
(e)
Animal Shelter
(f)
Banks and Financial Institutions
(g)
Building Contractor
(h)
Boarding/Rooming House
(i)
Business and Professional Offices
(j)
Campgrounds
(k)
Commercial Fitness Centres
(l)
Commercial Schools
(m)
Commercial Storage Facilities
(n)
Community Centres and Community Clubs
(o)
Cultural Facilities
(p)
Daycare Operations
(q)
Drive-in Theatres
(r)
Dwellings - 1 to 4 dwelling units per lot
(s)
Emergency Services
(t)
Equestrian Facilities
(u)
Farm Machinery Sales and Services
(v)
Farmers' Markets
(w)
Forestry-related Uses
(x)
Funeral Homes
(y)
Garden and Nursery Sales and Supplies
(z)
Government Buildings and Offices
(aa)
Institutional Uses
(bb)
Interpretive Centres
(cc)
Licensed Liquor Establishments
(dd)
Medical Clinics
(ee)
Parking Lots and Parking Structures
(ff)
Personal Service Shops
(gg)
Places of Worship
Municipality of the District of Yarmouth Land Use By-law
56
(hh)
Private Recreational Uses - Indoor
(ii)
Recreational Boat, Snowmobile, Recreational Vehicle, and Travel Trailer Sales,
Services, and Rentals
(jj)
Restaurants
(kk)
Retail Stores
(ll)
Small Item Repair Shops
(mm)
Taxi and Bus Stations
(nn)
Tour Operators
(oo)
Small Options Home
(pp)
Special Care Homes
16.3.1 The following uses are permitted as main uses in the Hamlet Commercial Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Cemeteries - Section 7.3
(b)
Electric Vehicle Charging as a main use - Section 7.4
(c)
Household Livestock Operations - Section 7.7
(d)
Parks and Playgrounds - Section 7.9
(e)
Solar Collectors as a main use - Section 7.11
(f)
Trails and Conservation Uses - Section 7.13
(g)
Utilities - Section 7.14
16.4.1 The following uses are permitted by site plan approval in the Hamlet Commercial Zone subject
to the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
(b)
Light Industrial Uses
(c)
Recycling Depots
(d)
RV Park
(e)
Small-scale Wind Turbine Generators
16.5.1 The following uses are permitted by development agreement in the Hamlet Commercial Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Dwellings with 5 or more units on a lot - MPS Policy 4-56
Municipality of the District of Yarmouth Land Use By-law
57
16.6.1 In the Hamlet Commercial Zone, no development permit shall be issued except in conformance
with the following requirements:
Table 13: HC Zone Development Standards
Standard
Dwellings & Non-Primary
Residence STRs (CHG-4-74A)
All Other Permitted
Main Uses
(a) Minimum Lot Area
i.
Sewer-serviced
ii.
Unserviced
500 m2 /unit
See Dept of Env.
1,500 m2
See Dept of Env.
(b) Minimum Lot Frontage
12.0 m
15.0 m
(c) Minimum Front / Flankage
Setback
7.6 m
7.6 m
(d) Minimum Side Setback
1.8 m on one side, 3.0 m on the other
3.0 m on both sides
(e) Minimum Rear Setback
7.6 m
7.6 m
(f) Maximum Building Height
10.7 m
10.7 m
None
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
Municipality of the District of Yarmouth Land Use By-law
58
This zone is intended to give priority to a wide range of rural land uses.
17.2.1 The following uses shall be permitted as a main use in the Rural Development (RD) Zone subject
to the requirements of this By-law:
(a)
Abattoirs -400 m2 gross floor area or smaller
(b)
Agriculture-related Uses
(c)
Airport Instrument Approach
(d)
Airport Navigation Systems
(e)
Animal Shelter
(f)
Boarding/Rooming House
(g)
Campgrounds
(h)
Community Centres and Community Clubs
(i)
Daycare Operations
(j)
Dwellings - 1 to 4 dwelling units per lot
(k)
Equestrian Facilities
(l)
Farmers' Markets
(m)
Forestry-related Uses
(n)
Institutional Uses
(nA)
Non-Primary Residence STR (CHG-4-74A)
(o)
Places of Worship
(p)
Private Recreational Uses - Outdoor
(q)
Small Item Repair Shops
(r)
Small Options Home
(s)
Special Care Homes
(t)
Wharves
Municipality of the District of Yarmouth Land Use By-law
59
17.3.1 The following uses are permitted as main uses in the Rural Development Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Cemeteries - Section 7.3
(b)
Household Livestock Operations - Section 7.7
(c)
Parks and Playgrounds - Section 7.9
(d)
Solar Collectors as a main use - Section 7.11
(e)
Trails and Conservation Uses - Section 7.13
(f)
Utilities - Section 7.14
17.4.1 The following uses are permitted by site plan approval in the Rural Development Zone subject to
the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
(b)
RV Park
(c)
Small-scale Wind Turbine Generators
17.5.1 The following uses are permitted by development agreement in the Rural Development Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Dwellings with 5 or more units on a lot - MPS Policy 4-56
(d)
Permanent Asphalt Paving Plants - MPS Policy 5-19
(e)
Fish Reduction Operations - MPS Policy 5-19
(f)
Fur Farms - MPS Policy 4-68
(g)
Intensive Livestock Operations - MPS Policy 4-68
(h)
Racing Tracks - MPS Policy 5-19
(i)
Salvage and Scrap Yards - MPS Policy 4-33
(j)
Shooting Ranges - MPS Policy 5-19
(k)
Solid Waste Disposal - MPS Policy 4-33
(l)
Large-scale Wind Turbine Generators - MPS Policy 4-13
Municipality of the District of Yarmouth Land Use By-law
60
17.6.1 In the Rural Development Zone, no development permit shall be issued except in conformance
with the following requirements:
Table 14: RD Zone Development Standards
Standard
All Permitted Main Uses
(a) Minimum Lot Area
See Dept of Env.
(b) Minimum Lot Frontage
30.0 m
(c) Minimum Front / Flankage
Setback
7.6 m
(d) Minimum Side Setback
3.0 m
(e) Minimum Rear Setback
7.6 m
(f) Maximum Building Height
10.7 m
None
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
Municipality of the District of Yarmouth Land Use By-law
61
18.1.1 This zone is intended to accommodate a range of small-scale commercial uses in rural areas.
18.2.1 The following uses shall be permitted as a main use in the Rural Commercial (RC) Zone subject
to the requirements of this By-law:
(a)
Abattoirs -400 m2 gross floor area or smaller
(b)
Accommodations, All (CHG-4-74A)
(c)
Agriculture-related Uses
(d)
Animal Care
(e)
Animal Shelter
(f)
Banks and Financial Institutions
(g)
Boarding/Rooming House
(h)
Building Contractor
(i)
Business and Professional Offices
(j)
Call Centres
(k)
Campgrounds
(l)
Commercial Fitness Centres
(m)
Commercial Schools
(n)
Commercial Storage Facilities
(o)
Community Centres and Community Clubs
(p)
Cultural Facilities
(q)
Daycare Operations
(r)
Display Court
(s)
Drive-in Theatres
(t)
Dwellings - 1 to 4 dwelling units per lot
(u)
Emergency Services
(v)
Equestrian Facilities
(w)
Farm Machinery Sales and Service
(x)
Farmers' Markets
(y)
Forestry-related Uses
(z)
Funeral Homes
(aa)
Garden and Nursery Sales and Supplies
(bb)
Government Buildings and Offices
(cc)
Institutional Uses
(dd)
Interpretive Centres
(ee)
Kennels
(ff)
Licensed Liquor Establishments
Municipality of the District of Yarmouth Land Use By-law
62
(gg)
Marinas
(hh)
Medical Clinics
(ii)
Parking Lots and Parking Structures
(jj)
Personal Service Shops
(kk)
Places of Worship
(ll)
Private Recreational Uses
(mm)
Racing Tracks - Animal
(nn)
Recreational Boat, Snowmobile, Recreational Vehicle, and Travel Trailer Sales,
Services, and Rentals
(oo)
Restaurants
(pp)
Retail Stores
(qq)
Small Item Repair Shops
(rr)
Small Options Home
(ss)
Special Care Homes
(tt)
Taxi and Bus Stations
(uu)
Tour Operators
(vv)
Wharves
18.3.1 The following uses are permitted as main uses in the Rural Commercial Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Automobile Sales, Rentals, Service Stations, and Car Washes - Section 7.2
(b)
Cemeteries - Section 7.3
(c)
Electric Vehicle Charging as a main use - Section 7.4
(d)
Household Livestock Operations - Section 7.7
(e)
Parks and Playgrounds - Section 7.9
(f)
Solar Collectors as a main use - Section 7.11
(g)
Trails and Conservation Uses - Section 7.13
(h)
Utilities - Section 7.14
18.4.1 The following uses are permitted by site plan approval in the Rural Commercial Zone subject to
the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
(b)
Light Industrial Uses
(c)
Recycling Depots
(d)
RV Park
(e)
Small-scale Wind Turbine Generators
Municipality of the District of Yarmouth Land Use By-law
63
18.5.1 The following uses are permitted by development agreement in the Rural Commercial Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Dwellings with 5 or more units on a lot - MPS Policy 4-56
18.6.1 In the Rural Commercial Zone, no development permit shall be issued except in conformance
with the following requirements:
Table 15: RC Zone Development Standards
Standard
All Permitted Main Uses
(a) Minimum Lot Area
See Dept of Env.
(b) Minimum Lot Frontage
30.0 m
(c) Minimum Front / Flankage
Setback
7.6 m
(d) Minimum Side Setback
3.0 m
(e) Minimum Rear Setback
7.6 m
(f) Maximum Building Height
10.7 m
None
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
Municipality of the District of Yarmouth Land Use By-law
64
This zone is intended to facilitate the future development of airport lands.
19.2.1 The following uses shall be permitted as a main use in the Airport (AP) Zone subject to the
requirements of this By-law:
(a)
Aircraft Parts and Aircraft Assembly Plants
(b)
Airport Instrument Approach
(c)
Airport Navigational Systems
(d)
Airport-related Uses
(e)
Aviation Clubs
(f)
Banks and Financial Institutions
(g)
Business and Professional Offices
(h)
Call Centres
(i)
Commercial Fitness Centres
(j)
Commercial Schools
(k)
Commercial Storage Facilities
(l)
Community Centres and Community Clubs
(m)
Cultural Facilities
(n)
Display Court
(o)
Drive-in Theatres
(p)
Emergency Services
(q)
Equipment Storage Buildings
(r)
Farm Machinery Sales and Service
(s)
Fish Coolers and Freezers
(t)
Funeral Homes
(u)
Garden and Nursery Sales and Supplies
(v)
Government Buildings and Offices
(w)
Institutional Uses
(x)
Interpretive Centres
(y)
Kennels
(z)
Light Industrial Uses
(aa)
Lobster Holding Facilities
(bb)
Municipal Landfill Sites
(cc)
Parking Lots and Parking Structures
(dd)
Private Recreational Uses
(ee)
Racing Tracks - Animal
Municipality of the District of Yarmouth Land Use By-law
65
(ff)
Recreational Boat, Snowmobile, Recreational Vehicle, and Travel Trailer Sales,
Services, and Rentals
(gg)
Restaurants
(hh)
Retail Stores
(ii)
Taxi and Bus Stations
(jj)
Wholesale and Distribution Operations
19.3.1 The following uses are permitted as main uses in the Airport Zone subject to all applicable
requirements of this By-law, and to use-specific requirements found either in Chapter 7 of this
By-law or the special zone requirements:
(a)
Automobile Sales, Rentals, Service Stations, and Car Washes - Section 7.2
(b)
Electric Vehicle Charging as a main use - Section 7.4
(c)
Parks and Playgrounds - Section 7.9
(d)
Solar Collectors as a main use - Section 7.11
(e)
Trails and Conservation Uses - Section 7.13
(f)
Utilities - Section 7.14
19.4.1 The following uses are permitted by site plan approval in the Airport Zone subject to the site
plan approval criteria of Chapter 31 of this By-law:
(a)
Bulk Petroleum Storage Depots
(b)
Expansion of non-conforming uses
(c)
Recycling Depots
19.5.1 The following uses are permitted by development agreement in the Airport Zone subject to the
indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
Municipality of the District of Yarmouth Land Use By-law
66
19.6.1 In the Airport Zone, no development permit shall be issued except in conformance with the
following requirements:
Table 16: AP Zone Development Standards
Standard
All Permitted Main Uses
(a) Minimum Lot Area
i.
Sewer-serviced
ii.
Unserviced
1,800 m2
See Dept of Env.
(b) Minimum Lot Frontage
6.0 m
(c) Minimum Front / Flankage
Setback
7.6 m
(d) Minimum Side Setback
3.0 m
(e) Minimum Rear Setback
7.6 m
(f) Maximum Building Height
10.7 m
19.7.1 Light industrial uses which are obnoxious by reason of sound, odour, fumes, smoke, or other
reasons, shall not be permitted in the Airport Zone.
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
67
This zone is intended to reduce potential land use conflicts with aircraft travel.
20.2.1 The following uses shall be permitted as a main use in the Airport Noise Restriction (ANR) Zone
subject to the requirements of this By-law:
(a)
Abattoirs -400 m2 gross floor area or smaller
(b)
Agriculture-related Uses
(c)
Airport Instrument Approach
(d)
Airport Navigational Systems
(e)
Automobile Sales, Rentals, Service Stations, and Car Washes
(f)
Aviation Clubs
(g)
Banks and Financial Institutions
(h)
Building Contractor
(i)
Business and Professional Offices
(j)
Commercial Fitness Centres
(k)
Community Centres and Community Clubs
(l)
Display Court
(m)
Forestry-related Uses
(n)
Light Industrial Uses
(o)
Private Recreational Uses - Outdoor
(p)
Recreational Boat, Snowmobile, Recreational Vehicle and Travel Trailer Sales,
Services, and Rentals
(q)
Retail Stores
(r)
Small Item Repair Shops
(s)
Taxi and Bus Stations
20.3.1 The following uses are permitted as main uses in the Airport Noise Restriction Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Cemeteries - Section 7.3
(b)
Parks and Playgrounds - Section 7.9
(c)
Solar Collectors as a main use - Section 7.11
(d)
Trails and Conservation Uses - Section 7.13
Municipality of the District of Yarmouth Land Use By-law
68
(e)
Utilities - Section 7.14
20.4.1 The following uses are permitted by site plan approval in the Airport Noise Restriction Zone
subject to the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
20.5.1 The following uses are permitted by development agreement in the Airport Noise Restriction
Zone subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Fur Farms - MPS Policy 4-68
(d)
Intensive Livestock Operations - MPS Policy 4-68
(e)
Racing Tracks - MPS Policy 5-30
(f)
Shooting Ranges - MPS Policy 5-30
20.6.1 In the Airport Noise Restriction Zone, no development permit shall be issued except in
conformance with the following requirements:
Table 17: ANR Zone Development Standards
Standard
All Permitted Main Uses
(a) Minimum Lot Area
iii. Sewer-serviced
iv.
Unserviced
1,800 m2
See Dept of Env.
(b) Minimum Lot Frontage
6 m
(c) Minimum Front / Flankage
Setback
7.6 m
(d) Minimum Side Setback
3 m
(e) Minimum Rear Setback
7.6 m
(f) Maximum Building Height
10.7 m
None
Municipality of the District of Yarmouth Land Use By-law
69
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
70
This zone is intended to accommodate a range of light industrial, commercial, institutional, utility, and
emergency services uses.
21.2.1 The following uses shall be permitted as a main use in the Business and Industrial Park (BIP)
Zone subject to the requirements of this By-law:
(a)
Abattoirs -400 m2 gross floor area or smaller
(b)
Agriculture-related Industries
(c)
Aircraft Parts and Aircraft Assembly Plants
(d)
Animal Care
(e)
Animal Shelter
(f)
Building Contractor
(g)
Call Centres
(h)
Commercial Fitness Centres
(i)
Commercial Schools
(j)
Commercial Storage Facilities
(k)
Community Centres and Community Clubs
(l)
Display Court
(m)
Emergency Services
(n)
Equipment Storage Buildings
(o)
Farm Machinery Sales and Service
(p)
Fish Coolers and Freezers
(q)
Funeral Homes
(r)
Garden and Nursery Sales and Supplies
(s)
Government Buildings and Offices
(t)
Kennels
(u)
Light Industrial Uses
(v)
Parking Lots and Parking Structures
(w)
Private Recreational Uses
(x)
Recreational Boat, Snowmobile, Recreational Vehicle, and Travel Trailer Sales,
Services, and Rentals
(y)
Taxi and Bus Stations
(z)
Wholesale and Distribution Operations
Municipality of the District of Yarmouth Land Use By-law
71
21.3.1 The following uses are permitted main uses in the Business and Industrial Park Zone subject to
all applicable requirements of this By-law, and to use-specific requirements found either in
Chapter 7 of this By-law or the special zone requirements:
(a)
Automobile Sales, Rentals, Service Stations, and Car Washes - Section 7.2
(b)
Electric Vehicle Charging as a main use - Section 7.4
(c)
Parks and Playgrounds - Section 7.9
(d)
Solar Collectors as a main use - Section 7.11
(e)
Trails and Conservation Uses - Section 7.13
(f)
Utilities - Section 7.14
21.4.1 The following uses are permitted by site plan approval in the Business and Industrial Park Zone
subject to the site plan approval criteria of Chapter 31 of this By-law:
(a)
Aggregate-related Industries
(b)
Expansion of non-conforming uses
(c)
Food Processing Plants
(d)
Recycling Depots
(e)
Small-scale Wind Turbine Generators
21.5.1 The following uses are permitted by development agreement in the Business and Industrial Park
Zone subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Aquaculture Operations, recirculating (land-based) - MPS Policy 4-69
Municipality of the District of Yarmouth Land Use By-law
72
21.6.1 In the Business and Industrial Park Zone, no development permit shall be issued except in
conformance with the following requirements:
Table 18: BIP Zone Development Standards
Standard
All Permitted Main Uses
(a) Minimum Lot Area
i.
Sewer-serviced
ii.
Unserviced
1,800 m2
See Dept of Env.
(b) Minimum Lot Frontage
30.0 m
(c) Minimum Front / Flankage
Setback
7.6 m
(d) Minimum Side Setback
4.5 m
(e) Minimum Rear Setback
7.6 m
(f) Maximum Building Height
10.7 m
None
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
73
This zone is intended to accommodate fishery and marine-related industrial and commercial uses in the
vicinity of wharves.
22.2.1 The following uses shall be permitted as a main use in the Marine Industrial (MI) Zone subject to
the requirements of this By-law:
(a)
Call Centres
(b)
Commercial Schools
(c)
Commercial Storage Facilities
(d)
Community Centres and Community Clubs
(e)
Cultural Facilities
(f)
Emergency Services
(g)
Equipment Storage Buildings
(h)
Fish Coolers and Freezers
(i)
Fishery and Marine-related Service Industries
(j)
Government Buildings and Offices
(k)
Light Industrial Uses
(l)
Lobster Holding Facilities
(m)
Marinas
(n)
Marine Railway Facilities
(o)
Parking Lots and Parking Structures
(p)
Recreational Boat, Snowmobile, Recreational Vehicle, and Travel Trailer Sales,
Services, and Rentals
(q)
Restaurants
(r)
Slipways
(s)
Wharves
(t)
Wholesale and Distribution Operations
22.3.1 The following uses are permitted as main uses in the Marine Industrial Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Trails and Conservation Uses - Section 7.13
(b)
Utilities - Section 7.14
Municipality of the District of Yarmouth Land Use By-law
74
22.4.1 The following uses are permitted by site plan approval in the Marine Industrial Zone subject to
the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
(b)
Small-scale Wind Turbine Generators
22.5.1 The following uses are permitted by development agreement in the Marine Industrial Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Aquaculture Operations, recirculating (land-based) - MPS Policy 4-69
(d)
Fish Reduction Operations - MPS Policy 5-36
22.6.1 In the Marine Industrial Zone, no development permit shall be issued except in conformance
with the following requirements:
Table 19: MI Zone Development Standards
Standard
All Permitted Main Uses
(a) Minimum Lot Area
See Dept of Env.
(b) Minimum Lot Frontage
N/A
(c) Minimum Front / Flankage
Setback
7.6 m
(d) Minimum Side Setback
6.0 m
(e) Minimum Rear Setback
7.6 m
(f) Maximum Building Height
14.0 m
22.7.1 Business and commercial uses shall be permitted in the Marine Industrial Zone only in
conjunction with fishery and marine-related uses.
22.7.2 Dwellings and boarding/rooming houses shall be permitted as an accessory use in the Marine
Industrial Zone.
22.7.3 Fish reduction plants shall not be permitted within Port Maitland.
Municipality of the District of Yarmouth Land Use By-law
75
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
76
23.1.1 This zone is intended to permit a range of industrial and commercial uses throughout the
municipality.
23.2.1 The following uses shall be permitted as a main use in the General Industrial (GI) Zone subject to
the requirements of this By-law:
(a)
Abattoirs -400 m2 gross floor area or smaller
(b)
Agriculture-related Uses
(c)
Aircraft Parts and Aircraft Assembly Plants
(d)
Building Contractor
(e)
Business and Professional Offices
(f)
Call Centres
(g)
Commercial Schools
(h)
Commercial Storage Facilities
(i)
Community Centres and Community Clubs
(j)
Concrete Plants
(k)
Display Court
(l)
Emergency Services
(m)
Equipment Storage Buildings
(n)
Farm Machinery Sales and Services
(o)
Fish Coolers and Freezers
(p)
Fishery and Marine-related Service Industries
(q)
Forestry-related Uses
(r)
Funeral Homes
(s)
Garden and Nursery Sales and Supplies
(t)
Government Buildings and Offices
(u)
Heavy Industrial Uses
(v)
Light Industrial Uses
(w)
Lobster Holding Facilities
(x)
Marinas
(y)
Marine Railway Facilities
(z)
Municipal Landfill Sites
(aa)
Parking Lots and Parking Structures
(bb)
Private Recreational Uses - Outdoor
(cc)
Recreational Boat, Snowmobile, Recreational Vehicle, and Travel Trailer Sales,
Services, and Rentals
(dd)
Slipways
Municipality of the District of Yarmouth Land Use By-law
77
(ee)
Small Item Repair Shops
(ff)
Wharves
(gg)
Wholesale and Distribution Operations
23.3.1 The following uses are permitted as main uses in the General Industrial Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Automobile Sales, Rentals, Service Stations, and Car Washes - Section 7.2
(b)
Cemeteries - Section 7.3
(c)
Electric Vehicle Charging as a main use - Section 7.4
(d)
Parks and Playgrounds - Section 7.9
(e)
Solar Collectors as a main use - Section 7.11
(f)
Trails and Conservation Uses - Section 7.13
(g)
Utilities - Section 7.14
23.4.1 The following uses are permitted by site plan approval in the General Industrial Zone subject to
the site plan approval criteria of Chapter 31 of this By-law:
(a)
Aggregate-related Industries
(b)
Bulk Petroleum Storage Depots
(c)
Expansion of non-conforming uses
(d)
Food Processing Plants
(e)
Recycling Depots
(f)
Small-scale Wind Turbine Generators
23.5.1 The following uses are permitted by development agreement in the General Industrial Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Abattoirs - larger than 400 m2 gross floor area - MPS Policy 5-38
(b)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(c)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(d)
Animal Rendering Plants - MPS Policy 5-38
(e)
Aquaculture Operations, recirculating (land-based) - MPS Policy 4-69
(f)
Permanent Asphalt Paving Plants - MPS Policy 5-38
(g)
Fish Reduction Operations - MPS Policy 5-38
(h)
Salvage and Scrap Yards - MPS Policy 4-33
(i)
Solid Waste Disposal - MPS Policy 4-33
Municipality of the District of Yarmouth Land Use By-law
78
23.6.1 In the General Industrial Zone, no development permit shall be issued except in conformance
with the following requirements:
Table 20: GI Zone Development Standards
Standard
All Permitted Main Uses
(a) Minimum Lot Area
29,000 m2
(b) Minimum Lot Frontage
30.0 m
(c) Minimum Front / Flankage
Setback
7.6 m
(d) Minimum Side Setback
12.0 m
(e) Minimum Rear Setback
12.0 m
(f) Maximum Building Height
14.0 m
23.7.1 Manufacturing, processing, assembly, warehousing, and industrial uses shall be allowed in the
General Industrial Zone only within wholly enclosed buildings.
23.7.2 Business offices and commercial uses shall be permitted in the General Industrial Zone only where
accessory to a main use.
23.7.3 Dwellings and boarding / rooming houses shall be permitted as an accessory use in the General
Industrial Zone.
23.7.4 Parking lots, loading spaces and areas of open storage on lots used for any industrial purpose
shall in the General Industrial Zone be screened by natural landforms, existing or planted
vegetation; an opaque fence or a combination of such method of screening so as not to be
visible from abutting residential, institutional, or recreational uses in any zone.
23.7.5 The following requirements shall apply where any yard of any industrial use in the General
Industrial Zone abuts a residential, institutional or recreational use in any zone:
(a)
no open storage shall be permitted in the abutting industrial yard;
(b)
no parking lot or loading space shall be permitted in the abutting industrial yard
within 6.0 m of a side or rear lot line;
(c)
no open storage, outdoor display, parking lot or loading or unloading space shall be
permitted in the minimum required industrial side yard or rear yard except where an
opaque fence of no less than 1.8 m higher than the maximum elevation of the
abutting residential, institutional, or recreational yard, is erected in the abutting
industrial yard.
(d)
outdoor display and open storage for industrial uses shall be at least 7.9 m from the
boundary line of a public road.
Municipality of the District of Yarmouth Land Use By-law
79
23.7.6 Where an industrial use in the General Industrial Zone abuts another industrial use in any zone,
the abutting side yard requirement for each use may be reduced to 3.0 metres.
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
80
This zone is intended to protect public drinking water quality for the municipality.
24.2.1 The following uses shall be permitted as a main use in the Watershed (WS) Zone subject to the
requirements of this By-law:
(a)
Dwellings - 1 dwelling unit per lot
(b)
Small Options Homes
24.3.1 The following uses are permitted as main uses in the Watershed Zone subject to all applicable
requirements of this By-law, and to use-specific requirements found either in Chapter 7 of this
By-law or the special zone requirements:
(a)
Trails and Conservation Uses - Section 7.13
(b)
Utilities - Section 7.14
24.4.1 The following uses are permitted by site plan approval in the Watershed Zone subject to the site
plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
(b)
Small-scale Wind Turbine Generators
24.5.1 The following uses are permitted by development agreement in the Watershed Zone subject to
the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
Municipality of the District of Yarmouth Land Use By-law
81
24.6.1 In the Watershed Zone, no development permit shall be issued except in conformance with the
following requirements:
Table 21: WS Zone Built Form Standards
Standard
All Permitted Main Uses
(a) Minimum Lot Area
12,140.6 m2
(b) Minimum Lot Frontage
61 m
(c) Minimum Front / Flankage
Setback
7.6 m
(d) Minimum Side Setback
6.0 m
(e) Minimum Rear Setback
12.0 m
(f) Maximum Building Height
14.0 m
24.7.1 Excluding water utility buildings and structures the minimum setback for all other buildings and
structures from any watercourse within the Watershed (WS) Zone shall be 92 metres.
24.7.2 A nonconforming farm building housing livestock, produce, or farm machinery in the Watershed
(WS) Zone which is destroyed by fire or otherwise shall be permitted to be rebuilt provided that
its reconstruction is located within existing lot boundaries and which does not further reduce
the front, side, or rear yard that does not conform with Section 24.6 of this By-law.
24.7.3 Except for water utility buildings and structures, only one main building shall be permitted on a
lot in the Watershed Zone.
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
82
25.1.1 This zone is intended to give priority to sustainable residential development within
approximately 200 metres of major lakes, excluding Lake George, Lake Milo, and Doctor's Lake.
25.2.1 The following uses shall be permitted as a main use in the Lakeside Residential (LR) Zone subject
to the requirements of this By-law:
(a)
Airport Instrument Approach
(b)
Airport Navigational Systems
(c)
Community Centres and Community Clubs
(d)
Daycare Operations
(e)
Institutional Uses
(f)
Marinas
(g)
Places of Worship
(h)
Private Recreational Uses - Outdoor
(i)
Slipways
(j)
Wharves
25.3.1 The following uses are permitted as main uses in the Lakeside Residential Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Parks and Playgrounds - Section 7.9
(b)
Trails and Conservation Uses - Section 7.13
(c)
Utilities - Section 7.14
Municipality of the District of Yarmouth Land Use By-law
83
25.4.1 The following uses are permitted by site plan approval in the Lakeside Residential Zone subject
to the site plan approval criteria of Chapter 31 of this By-law:
(a)
Boarding / Rooming Houses
(b)
Dwellings - 1 or 2 dwelling units per lot
(c)
Expansion of non-conforming uses
(cA)
Non-Primary Residence STRs (CHG-4-74A)
(d)
Small options homes
(e)
Special Care Homes
(f)
Small-scale Wind Turbine Generators
25.5.1 The following uses are permitted by development agreement in the Lakeside Residential Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
(c)
Dwellings with 3 or more units on a lot - MPS Policy 4-56
25.6.1 In the Lakeside Residential Zone, no development permit shall be issued except in conformance
with the following requirements:
Table 21: LR Zone Built Form Standards
Standard
All Permitted Main Uses
(a) Minimum Lot Area
5,000 m2 or Dept. of Env.
requirement, whichever is
larger
(b) Minimum Lot Frontage
30.0 m
(c) Minimum Front / Flankage
Setback
7.6 m
(d) Minimum Side Setback
3.0 m
(e) Minimum Rear Setback
7.6 m
(f) Maximum Building Height
10.7 m
25.7.1 Notwithstanding Subsection 6.31.1, the watercourse buffer in the Lakeshore Residential Zone
shall be 15.0 metres.
Municipality of the District of Yarmouth Land Use By-law
84
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
Municipality of the District of Yarmouth Land Use By-law
85
26.1.1 This zone is intended to protect development from potential hazards in these low-lying, marshy,
or unstable areas while at the same time protecting these sensitive habitats from potential
negative impacts of development.
26.2.1 The following uses shall be permitted as a main use in the Sensitive Environment (SE) Zone
subject to the requirements of this By-law:
None
26.3.1 The following uses are permitted as main uses in the Sensitive Environment Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Parks and Playgrounds - Section 7.9
(b)
Trails and Conservation Uses - Section 7.13
(c)
Utilities - Section 7.14
26.4.1 The following uses are permitted by site plan approval in the Sensitive Environment Zone
subject to the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
26.5.1 The following uses are permitted by development agreement in the Sensitive Environment Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
None
Municipality of the District of Yarmouth Land Use By-law
86
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
87
This zone is intended to protect the natural floodplain and mitigate negative impacts of potential
flooding.
27.2.1 The following uses shall be permitted as a main use in the Floodplain (FP) Zone subject to the
requirements of this By-law:
None
27.3.1 The following uses are permitted as main uses in the Floodplain Zone subject to all applicable
requirements of this By-law, and to use-specific requirements found either in Chapter 7 of this
By-law or the special zone requirements:
(a)
Parks and Playgrounds - Section 7.9
(b)
Trails and Conservation Uses - Section 7.13
(c)
Utilities - Section 7.14
27.4.1 The following uses are permitted by site plan approval in the Floodplain Zone subject to the site
plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
27.5.1 The following uses are permitted by development agreement in the Floodplain Zone subject to
the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
27.6.1 Removal of soils and infilling (including for the purpose of trail development) is prohibited within
the Floodplain Zone (FP).
Municipality of the District of Yarmouth Land Use By-law
88
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
89
This zone is intended to preserve dykelands while permitting non-building agricultural uses.
28.2.1 The following uses shall be permitted as a main use in the Dykelands (DL) Zone subject to the
requirements of this By-law:
None
28.3.1 The following uses are permitted as main uses in the Dykelands Zone subject to all applicable
requirements of this By-law, and to use-specific requirements found either in Chapter 7 of this
By-law or the special zone requirements:
(a)
Trails and Conservation Uses - Section 7.13
(b)
Utilities - Section 7.14
28.4.1 The following uses are permitted by site plan approval in the Dykelands Zone subject to the site
plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
28.5.1 The following uses are permitted by development agreement in the Dykelands Zone subject to
the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
Municipality of the District of Yarmouth Land Use By-law
90
28.6.1 New buildings and structures are prohibited in the Dykelands Zone.
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
91
This zone is intended to support uses related to the Cape Forchu Lighthouse.
29.2.1 The following uses shall be permitted as a main use in the Lightstation Heritage (LH) Zone
subject to the requirements of this By-law:
(a)
Cultural Facilities
(b)
Institutional Uses
(c)
Interpretive Centres
(d)
Places of Worship
(e)
Private Recreational Uses - Outdoor
(f)
Restaurants
(g)
Tour Operators
29.3.1 The following uses are permitted as main uses in the Lightstation Heritage Zone subject to all
applicable requirements of this By-law, and to use-specific requirements found either in Chapter
7 of this By-law or the special zone requirements:
(a)
Parks and Playgrounds - Section 7.9
(b)
Trails and Conservation Uses - Section 7.13
(c)
Utilities - Section 7.14
29.4.1 The following uses are permitted by site plan approval in the Lightstation Heritage Zone subject
to the site plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
29.5.1 The following uses are permitted by development agreement in the Lightstation Heritage Zone
subject to the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
Municipality of the District of Yarmouth Land Use By-law
92
29.6.1 Commercial uses shall be permitted in the Lightstation Heritage Zone where they are accessory
to a main use.
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
93
This zone is intended to permit the development of parks and recreation uses.
30.2.1 The following uses shall be permitted as a main use in the Recreation (REC) Zone subject to the
requirements of this By-law:
(a)
Campgrounds
(b)
Community Centres and Community Clubs
(c)
Equestrian Facilities
(d)
Institutional Uses
(e)
Interpretive Centres
(f)
Marinas
(g)
Places of Worship
(h)
Private Recreation Uses - Outdoor
(i)
Tour Operators
30.3.1 The following uses are permitted as main uses in the Recreation Zone subject to all applicable
requirements of this By-law, and to use-specific requirements found either in Chapter 7 of this
By-law or the special zone requirements:
(a)
Cemeteries - Section 7.3
(b)
Parks and Playgrounds - Section 7.9
(c)
Trails and Conservation Uses - Section 7.13
(d)
Utilities - Section 7.14
30.4.1 The following uses are permitted by site plan approval in the Recreation Zone subject to the site
plan approval criteria of Chapter 31 of this By-law:
(a)
Expansion of non-conforming uses
(b)
RV Parks
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30.5.1 The following uses are permitted by development agreement in the Recreation Zone subject to
the indicated Municipal Planning Strategy policy:
(a)
Adaptive re-use of former institutional buildings - MPS Policy 4-88
(b)
Adaptive re-use of registered heritage properties - MPS Policy 4-83
30.6.1 In the Recreation Zone, no development permit shall be issued except in conformance with the
following requirements:
Table 22: REC Zone Built Form Standards
Standard
All Permitted Main Uses
(a) Minimum Front / Flankage
Setback
7.6 m
(b) Minimum Side Setback
6.0 m
(c) Minimum Rear Setback
7.6 m
(d) Maximum Building Height
10.7 m
30.7.1 Uses accessory to recreation or institutional uses shall be permitted in the Recreation Zone,
including but not limited to refreshment stands, canteens, and picnic areas.
Reference No.
Effective Date
File or Project
General Nature of Change
Municipality of the District of Yarmouth Land Use By-law
95
31.1.1 Where dwellings, boarding/rooming houses, non-primary residence STRs (CHG-4-74A), small
options homes, and special care homes are permitted within the Lakeside Residential Zone by
site plan approval, the Development Officer shall approve a site plan agreement where the
requirements of this Land Use By-law and the following matters have been addressed:
(a)
the development shall not have significant negative impacts on any known species-at-
risk habitat within the property;
(b)
the proponent shall provide a stormwater management plan, subject to the
requirements of Section 5.5;
(c)
the proponent shall provide a site plan including the following:
i.
property boundary and any shorelines;
ii.
any watercourses, wetlands, or slopes over 20%;
iii. any sand dunes;
iv. existing riparian buffer;
v.
any areas to be maintained as natural vegetation;
vi. any existing or proposed landscaping or lawns;
vii. any areas that may be cleared or partially cleared of vegetation;
viii. any existing or proposed driveways;
ix.
main building envelope;
x.
any accessory buildings; and
xi.
information on any species-at-risk habitat.
(d)
lighting
i.
all exterior lighting shall be of a full cut-off type and shall not emit light above
the horizontal.
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31.2.1 Where a zone permits home occupations by site plan approval, the Development Officer shall
approve a site plan where the requirements of this Land Use By-law and the following matters
have been addressed:
(a)
design;
i.
adequate screening shall be provided by natural landforms or opaque fencing
to screen outdoor storage areas so as to not be visible from abutting
residential, institutional or recreational uses;
ii.
the proposed development shall not substantially alter the character or
stability of the adjacent uses;
iii. side and rear setbacks of at least 4.5 metres shall be provided;
iv. the proponent shall provide a stormwater management plan, subject to the
requirements of Section 5.5;
(b)
parking:
i.
adequate off-street parking shall be provided on the site to prevent
congestion, nuisance and inconvenience to adjacent uses;
(c)
environment:
i.
mitigation of noise, visual impacts, and environmental impacts of the
operation shall be undertaken to minimize any potential negative effects of the
development on adjacent uses; and
ii.
the development shall not create or worsen a pollution problem in the area
such as but not limited to soil erosion and siltation of watercourses.
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31.3.1 Where a zone permits aggregate-related industries by site plan approval, the Development
Officer shall approve a site plan where the requirements of this Land Use By-law and the
following matters have been addressed:
(a)
building location and design;
i.
the proponent shall provide a stormwater management plan, subject to the
requirements of Section 5.5;
ii.
aggregate-related industries shall be a minimum of 400 metres from existing
dwellings;
(b)
lighting;
i.
All exterior lighting shall be of a full cutoff type and shall not emit light above
the horizontal;
ii.
exterior lighting shall not cause glare on adjacent properties;
(c)
enclosure and screening;
i.
any equipment including but not limited to mixers, batchers, silos, and similar
structures shall be contained within a fenced enclosure;
(d)
environment;
i.
the development shall not create or worsen a pollution problem in the area
such as but not limited to soil erosion and siltation of watercourses.
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31.4.1 Where a zone permits bulk petroleum storage depots by site plan approval, the Development
Officer shall approve a site plan where the requirements of this Land Use By-law and the
following matters have been addressed:
(a)
building location and design;
i.
the proponent shall provide a stormwater management plan, subject to the
requirements of Section 5.5;
ii.
bulk petroleum storage depots shall be a minimum of 400 metres from existing
dwellings;
(b)
loading areas;
i.
loading areas shall be located and, if necessary, screened so as to minimize
impacts on adjacent uses;
(c)
lighting;
i.
All exterior lighting shall be of a full cutoff type and shall not emit light above
the horizontal;
ii.
exterior lighting shall not cause glare on adjacent properties;
(d)
enclosure and screening
i.
all oil tanks and related utilities shall be contained within a fenced enclosure;
(e)
environment;
i.
the development shall not create or worsen a pollution problem in the area
such as but not limited to soil erosion and siltation of watercourses.
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31.5.1 Where a zone permits concrete plants by site plan approval, the Development Officer shall
approve a site plan where the requirements of this Land Use By-law and the following matters
have been addressed:
(a)
building location and design;
i.
the proponent shall provide a stormwater management plan, subject to the
requirements of Section 5.5;
ii.
concrete plants shall be a minimum of 400 m from existing dwellings;
(b)
loading areas;
i.
loading areas shall be located and, if necessary, screened so as to minimize
impacts on adjacent uses;
(c)
lighting;
i.
All exterior lighting shall be of a full cutoff type and shall not emit light above
the horizontal;
ii.
exterior lighting shall not cause glare on adjacent properties;
(d)
enclosure and screening
i.
any equipment including but not limited to mixers, batchers, silos, and similar
structures shall be contained within a fenced enclosure.
31.6.1 Where a non-conforming use expands by site plan approval, the Development Officer shall
approve a site plan where the requirements of this Land Use By-law and the following matters
have been addressed:
(a)
use requirements;
i.
if the use is listed in the zone as a use permitted as-of-right, but is otherwise
non-conforming for reasons such as, but not limited to, setbacks or other zone
requirements, the conditions that prevents the proposal from being permitted
as-of-right in the zone shall be addressed by the site plan. Measures to address
these conditions may include, but are not limited to, enhanced buffering and
the positioning and design of buildings and structures; and
ii.
If the use is not listed in the zone as a use permitted as-of-right, the site plan
shall control the expansion in a manner that is compatible with the purpose
and permitted uses in the zone. Controls may include, but are not limited to,
enhanced buffering and screening; the positioning, bulk, and design of
buildings and structures; mitigation measures for noise, dust, and other
emissions; the location and design of parking areas; landscaping; lighting
design; and controls on outdoor storage and display.
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31.7.1 Where a zone permits food processing plants by site plan approval, the Development Officer
shall approve a site plan where the requirements of this Land Use By-law and the following
matters have been addressed:
(a)
building location and design;
i.
ground-level front and flankage façades of any buildings shall be designed with
a façade treatment that gives the visual appearance of a building articulated
with 'window' openings;
ii.
the proponent shall provide a stormwater management plan, subject to the
requirements of Section 5.5;
(b)
servicing and utilities;
i.
all utility equipment shall be enclosed within a building or screened from view
of the street, including but is not limited to utility boxes, meters, and air
compressors;
ii.
facilities for solid waste collection shall be screened from view of the street
and adjacent dwellings;
(c)
lighting;
i.
all exterior lighting shall be of a full cutoff type and shall not emit light above
the horizontal;
ii.
exterior lighting shall not cause glare on adjacent properties;
(d)
loading areas;
i.
loading areas shall be located and, if necessary, screened so as to minimize
impacts on adjacent uses, particularly residential uses.
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31.8.1 Where a zone permits recycling depots by site plan approval, the Development Officer shall
approve a site plan where the requirements of this Land Use By-law and the following matters
have been addressed:
(a)
building location and design;
i.
ground-level front and flankage façades shall be designed with a façade
treatment that gives the visual appearance of a building articulated with
'window' openings;
ii.
the proponent shall provide a stormwater management plan, subject to the
requirements of Section 5.5;
(b)
servicing and utilities;
i.
all recycling storage and sorting facilities shall be enclosed within a building or
screened from view of the street and adjacent dwellings;
(c)
loading areas;
i.
loading areas and drop-off locations shall be located and, if necessary,
screened so as to minimize impacts on adjacent uses, particularly residential
uses.
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31.9.1 Where a zone permits small-scale wind turbine generators by site plan approval, the
Development Officer shall approve a site plan where the requirements of this Land Use By-law
and the following matters have been addressed:
(a)
design and location:
i.
wind turbines shall be a minimum of 200 metres from all existing dwellings;
ii.
any required setback, yard requirement, or separation distance which cannot
be satisfied shall be waived for the siting of a wind turbine generator where a
legal agreement for the siting is obtained by the developer from the owners of
all affected adjacent dwelling owners, and all property owners within the
required setback, yard requirement, and separation distance;
iii. no commercial advertising other than the manufacturer's name shall be
permitted on any WTG or accessory structures;
iv. the proponent shall provide a stormwater management plan, subject to the
requirements of Section 5.5;
(b)
environment
i.
the proponent shall undertake mitigation of noise, visual impacts, shadow
effects, and environment impacts of wind turbines to minimize any potential
negative effects of the development on adjacent uses;
ii.
the proponent shall provide all documentation required by the Department of
National Defence, Environment Canada, Navigation Canada, Transport Canada,
Canadian Coast Guard, Royal Canadian Mounted Police and Nova Scotia
Department of Natural Resources; and
(c)
decommissioning
i.
the proponent shall provide a decommissioning plan ensuring wind turbines
shall be removed from the site after a period of 2 years from the date of
cessation of electrical power generation of the wind turbine.
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31.10.1 Where a zone permits recreational vehicle parks by site plan approval, the Development
officer shall approve a site plan where the requirements of this Land Use By-Law and the
following matters have been addressed:
(a)
RV Park location and design;
i.
Lot area for an RV park shall, if required, be subject to the approval from the
Department of Environment for on-site services for the intended size and
scope of the RV Park;
ii.
all permanent structures shall not exceed 25% of lot coverage;
iii. the proposed development shall not substantially alter the character or
stability of the adjacent uses;
1) If the proposed development does alter the character of the
adjacent uses, adequate screening will be provided by natural
landforms or opaque fencing to screen outdoor storage and
parked recreational vehicles so as not to be visible from the
abutting residential, institutional or recreational use;
iv. the proponent shall provide a stormwater management plan, subject to the
requirements of Section 5.5;
v.
side and rear yard setbacks of at least 7.5 metres shall be provided;
vi. location of all waste disposal bins;
1) all waste disposal bins shall be completely enclosed and
designed to prevent animals from accessing the contents;
2) All waste disposal bins shall be screened from view of the
street and adjacent dwellings;
(b)
lighting;
i.
all exterior lighting shall be of a full cutoff type and shall not emit light above
the horizontal or Dark Sky Approved;
ii.
exterior lighting shall not cause glare on adjacent properties;
(c)
parking;
i.
adequate off-street parking should be provided on the site to prevent
congestion, nuisance, and inconvenience to adjacent uses;
(d)
accessory buildings and uses;
i.
all accessory buildings and uses shall be located within the lot, and if
necessary, screened from view of the street and adjacent dwellings, including
but not limited to parks, playgrounds, arcades, washroom facilities, lounges,
equipment rental, storage, trails, outdoor screening, auditoriums and any
other use that is accessory to the everyday function of a recreational vehicle
park;
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(e)
driveway and travelway access;
i.
all driveways and travelways shall have a minimum lane width of 5.5 m (18
ft) for a two-way surface;
1) If the travelway is paved, this may be reduced to 2.5 m (8.2 ft)
to accommodate the size and height of recreational vehicles;
ii.
all driveways and private road networks shall have a minimum lane width of
3.2 m (10.5 ft) for a one-way travel surface to accommodate the size and
height of recreational vehicles;
(f)
environment;
i.
the proponent shall undertake mitigation of noise and visual impacts the use
may have on the natural environment to minimize any potential negative
effects of the development on adjacent uses;
ii.
the proponent shall provide on a site plan the following when a watercourse
is located on the subject property;
1) property boundary and any shorelines;
2) any watercourses wetlands or slopes over 20%;
3) any sand dunes;
4) existing riparian buffer;
5) any areas to be maintained as natural vegetation;
6) any existing or proposed landscaping or lawns;
7) any areas to be cleared or partially cleared of vegetation;
8) distance of any recreational vehicles parking sites and
buildings from the riparian buffer;
9) location of the park's waste storage building, which shall have
a minimum separation distance of 30m from any watercourse
or wetland so as not to create or worsen pollution problems in
the area;
(g)
recreational Vehicle Parking Site;
i.
the proponent shall show the location of each recreational vehicle parking
site;
ii.
each recreational vehicle parking site must have a minimum area of 76 m2
(250 ft2);
iii. a recreational vehicle parking site must only be used for one travel trailer or
recreation vehicle; and
iv. all recreational vehicle sites shall have a setback of a minimum of 3m (9.8 ft)
from internal roads and meet the front yard setback requirement of the zone
(CHG-31.10)
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Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
CHG-31.10
05.26.2025
RV Park SPA
Criteria
Addition of Site Plan
Approval criteria for
Recreational Vehicle (RV)
Parks.
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A
Abattoir
means the use of a building, structure, or part thereof, for slaughtering animals but does not include the
slaughtering of game animals for personal use.
Accessory Building
means a separate building located on the same lot as the main building or principal use, and of a nature
customarily and clearly subordinate and incidental to the main building or main use of land.
Accessory Structure
means a separate structure located on the same lot as the main building or principal use, and of a
nature customarily and clearly subordinate and incidental to the main building or main use of land.
Accessory Use
means a use subordinate and naturally incidental to a main use of land or building located on the same
lot.
Accommodations
means the provision of a building, buildings, or part thereof to a single party or group of the travelling
public, for payment or compensation, for a period of 28 days or less, and may include, but is not limited
to, tourist facilities such as hotels; motels; hostels; bed and breakfast establishments; and entire home,
individual room, cottage, cabin, geodesic dome, or yurt rentals.
Accommodations, Traditional Tourist
means accommodations that have traditionally served tourists (like hotels, motels and bed
and breakfasts). (CHG-4-74A)
Non-Primary Residence STR
means a dwelling unit that is not your primary residence and includes whole homes,
condominium units, apartments, and backyard/secondary suites. It is an accommodation that
would otherwise be suitable as long-term housing but is rented on a short-term basis.
Cottages, Cabins, Yurts and Geodesic domes which meet the requirements of the Yarmouth
Building By-law for a dwelling unit will be considered as Non-Primary (Commercial) STRs.
(CHG-4-74A)
Primary Residence STR
means a short-term rental offered in the space where you live. A Primary Residence STR is the
rental of your whole home (while you are away) or up to 4 bedrooms as rented rooms. Your
primary residence, or dwelling, is the primary home where you spend most of your time,
perform daily activities, and receive your mail. It is the residence that you consider to be your
main home and the address you use when filing your taxes. (CHG-4-74A)
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107
Active Transportation
means any form of human-powered transportation including but not limited to walking, cycling,
skateboarding, roller-skating, skiing, kayaking, canoeing, and includes the use of manual or powered
assistive devices.
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.
Agriculture-related Uses
means the use of land, buildings, or structures for processing, packing, storing or treating agricultural
crops; fertilizer production from organic matter; veterinary care for livestock; on-farm brewing, wine-
making, and similar uses; the sale of farm produce to the general public; and tourism activities related to
on-site agricultural activities, such as u-picks or hay rides; the production, cultivation, and processing of
cannabis products, as well as analytical testing and research related to cannabis, but excludes the
processing of animals, which is covered by the definition of abattoir.
Alter
means any change in the structural component of a building or structure, or any increase in the volume
of a building or structure.
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 Rendering Plant
means a facility for the rendering of animal by-product materials for the production of tallow, grease,
and meat and bone meal.
Animal Shelter
means a facility that holds or boards seized, surrendered, abandoned, or lost domestic pets (e.g. dogs,
cats, birds), but does not include livestock.
Aquaculture Operation, Recirculating (Land-based)
means a land-based facility for the commercial cultivation of fish, shellfish, or aquatic plants or algaes
and which utilizes closed containment systems to prevent the discharge of waste products to the marine
environment.
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108
Asphalt Paving Plant
means a plant or any part thereof in which asphalt concrete is produced by heating and drying
aggregate and mixed with asphalt cement.
Automobile Service Station, Car Wash
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 gasolines and may include the sale of automobile accessories and the servicing and
minor repairing of motor vehicles and may include an automobile carwash, or both.
B
Boarding House / Rooming House
means a dwelling in which the proprietor supplies either room or room and board for compensation for
more than 2 but not more than 12 bedrooms exclusive of the lessee or owner and family and which is
not open to the general public.
Boathouse
means a structure used for the storage of watercraft.
Building
means any structure, whether temporary or permanent, that is roofed and that is used for the shelter or
accommodation of persons, animals, material, or equipment but does not include frames for sheltering
crops.
Building Contractor
means the use of buildings or land for the storage of materials and small tools in support of a building
and construction-related trade such as, but not limited to, carpenters, electricians,
masons, and plumbers, but does not include the storage of heavy equipment.
Building Official
means the person or persons, or designate, appointed by Council from time to time to administer the
Building By-law.
Bulk Petroleum Storage Depot
means a facility intended for the storage of fuel including but not limited to gasoline, kerosene, diesel,
and oil.
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 offices lawyers, architects, engineers,
Municipality of the District of Yarmouth Land Use By-law
109
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.
C
Call Centre
means a business intended to handle a large volume of phone calls included but limited to the purpose
of customer service or sales.
Campgrounds
means the use of land, or part thereof, for providing an overnight camping experience in tents, yurts,
bunkies and similar structures, where the number of camping sites exceeds two, but does not include an
RV park. 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.
Christmas Tree Operation
means land intended for the cultivation and harvesting of Christmas trees, typically including pine,
spruce, and/or fir trees, but excluding agricultural uses, agriculture-related uses, and non-industrial
forestry uses.
Commercial Fitness Centre
means an establishment intended for fitness uses or instruction, including but not limited to gyms, yoga
studios, and fitness classes, but excluding indoor recreation facilities and commercial schools.
Commercial School
means an educational establishment, whether public or private, intended for instruction in
extracurricular activities and/or vocational skills and shall include, but is not limited to, dance schools,
music schools, sports schools, driving schools, culinary institutes, hair schools, computer schools, and
other similar schools, but does not include elementary, secondary, or post-secondary schools.
Commercial Storage Building
means a building, collection of buildings, or a part of a building consisting of individual, small, self-
contained units that are leased or owned for the storage of business or household goods or contractor
supplies.
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110
Community Centres and Community Club
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, fraternal organization, recreation association, or registered community association.
Concrete Plant
means a facility intended for the production and batching of concrete.
Corner Vision Triangle
means the area of a corner lot that is enclosed by a triangle, the apex of which is the intersection of the
flanking lot line and the front lot line, two sides of which triangle are 6 metres in length measured from
said point of intersection along the said lines and the base of which triangle is formed by a straight line
joining the said exterior lot lines at the said points 6 metres from the intersection.
Council
Means the Council of the Municipality of the District of Yarmouth.
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 galleries, art or craft workshops or studios,
libraries, museums, performance arts theatres, visual arts centres, war memorials, cenotaphs, and other
similar uses, but excludes drive-in theatres.
D
Daycare Operation
means a place where humans 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.
Municipality of the District of Yarmouth Land Use By-law
111
Development Agreement
means a legal agreement between Council and a property owner governing the use of the property
owner's land, as enabled by the Municipal Government Act and Municipal Planning Strategy and
registered on title.
Development Officer
means the person or persons, or designate, appointed by Council from time to time to administer the
Land Use By-law and Subdivision By-law.
Display Court
means the use of land for the outdoor display and sale of large household or recreational items such as,
but not limited to, all-terrain vehicles, hot tubs, swimming pools, and recreational vehicles. This
definition shall include the display and sale of prefabricated homes but shall not include heavy
equipment sales and rental or boat and marine sales.
Drive-in Theatre
means land used for a cinema structure consisting of a large outdoor screen, projection booth, and
parking area for automobiles, including concessions but excluding outdoor recreation uses.
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 may be built on-site or built off-site
and transported to the site where it is to be occupied as a residence, but shall not include a fixed-roof
overnight accommodation, or recreational vehicle.
Dwelling, Accessory
means a subservient dwelling either located within a dwelling or in a building on a lot with a dwelling.
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.
Municipality of the District of Yarmouth Land Use By-law
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E
Electric Vehicle Charging
means infrastructure that supplies energy for the charging of electric vehicles such as plug-in electric
and hybrid vehicles.
Electric Vehicle Charging, Accessory Use
means electric vehicle charging accessory to a main use.
Electric Vehicle Charging, Main Use
means commercial electric vehicle charging as a main use and may include the sale of
automobile accessories and the servicing and minor repairing of motor vehicles.
Emergency Services
means a building or use of land for the protection of public health, safety, and property and shall
include, but is not limited to, fire stations, ambulance depots, police stations, and search-and-rescue
facilities, but does not include a correctional facility.
Equestrian Facility
means the land, buildings or structures used for the boarding or training of horses, ponies, or riders, and
the staging of equestrian events.
Equipment Storage Building
means a building intended for the storage of commercial equipment such as but not limited to vehicles
and commercial fishing gear.
Erect
means to build, construct, reconstruct, alter or relocate and without limiting the generality of the
foregoing shall include any preliminary physical operation such as excavating, grading, piling, cribbing,
filling or draining, or structurally altering any existing building or structure by an addition, deletion,
enlargement, or extension.
Established Grade
means with reference to a building, the average elevation of the finished surface of the ground where it
meets the exterior of the front of such building exclusive of any artificial embankment or entrenchment
or when used with reference to a structure which is not a building shall mean the average elevation of
the finished grade of the ground immediately surrounding such structures exclusive of any artificial
embankment or entrenchment.
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Existing
means legally existing on the indicated date or, where no date is indicated, legally existing on the
effective date of this By-law. For streets and private roads, the date the street or private road was
shown on a plan of subdivision tentatively approved by the Municipality shall be used to determine
whether or not it was existing on an indicated date.
F
Farm Machinery Sales and Services
means an establishment intended for the purpose of sales, repairs, or servicing of farm-related
machinery.
Farmer's 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.
Fish Cooler
means a building or part of a building wherein fresh fish or bait is packed and chilled for future sale to
the wholesale or retail markets. For the purpose of this By-law, existing fish coolers which have been
involved in fish processing or the holding of live lobster at the time of adoption of this By-law shall be
deemed to be fish coolers.
Fish Freezer
means a building or part of a building wherein fresh, chilled or previously frozen fish or bait is packed
and stored in a freezer for future sale to the wholesale or retail markets. For the purpose of this By-law,
existing fish freezers which have been involved in fish processing or the holding of live lobsters at the
time of adoption of this By-law shall be deemed to be fish freezers.
Fish Plant
means the use of land, buildings or structures where fresh water or saltwater fish either fresh, chilled or
frozen; mollusks or crustaceans are processed in any one or more of the following ways; cleaned,
cooked, preserved or canned and where the finished product is stored fresh, chilled or frozen for future
sale to the wholesale or retail markets.
Fish Reduction Operations
means a building or part of a building wherein fish offal, whole or parts of fish or any combination
thereof is rendered into fish meal, fertilizers, a slurry or other by-product but does not include a fish
plant.
Fisheries and Marine-related Industrial Use
means the use of land, buildings, or part thereof in support of the fishery and without limiting the
generality of the foregoing includes commercial storage of fishing vessels, gear, and other related
materials; docks; boat launches; and repair facilities; but does not include fish processing, and for
greater clarity includes business and commercial uses related to the primary fishing and marine use.
Municipality of the District of Yarmouth Land Use By-law
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Food Processing Plant
means the transformation of raw ingredients into food, or of food into other forms. This involves taking
clean, harvested crops or butchered animal, fish or other aquatic products, excluding dairy products,
and using these to produce attractive, marketable and often long shelf-life food products.
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
Forest, Fish, and Farm Stall
means the direct sale of fish or other seafood; farm products such as but not limited to, flowers, fruit,
and vegetables; and forestry products such as, but not limited to, Christmas trees, wreaths, and maple
products, by individuals or companies engaged in the harvesting of such.
Forestry Uses
means commercial silviculture and the production of lumber 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.
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.
Fur Farm
means any operation where one or more males and females of any species of fur bearing animal, unless
such are neutered or spayed, are confined to an enclosed structure for feeding, breeding or holding for
production purposes or for pelts or for future sale.
G
Garden and Nursery Sales and Supplies
means a building or structure and lands associated therewith, for the growing of flowers, fruits,
vegetables, plants, shrubs, trees or similar vegetation together with gardening tools and implements
and that are sold at retail from such buildings or lot to the general public.
Grade
Means:
(a)
when used in reference to a building, the average elevation of the finished surface of
the ground where it meets the exterior of the front of such building, exclusive of any
artificial embankment or entrenchment; or
Municipality of the District of Yarmouth Land Use By-law
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(b)
when used in reference to a structure that is not a building, the average elevation of
the fished grade of the ground immediately surrounding such structures, exclusive of
any artificial embankments or entrenchment.
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.
H
Height
means the vertical distance on a building between the established grade and:
(a)
the highest point of the roof structure or the parapet, whichever is greater, of a flat
roof;
(b)
the deck line of a mansard roof; or
(c)
the mean level between eaves and ridges of a gabled, hip, gambrel or other type of
pitched roof.
Home Occupation
means a business activity that is accessory to a dwelling and involves the provision or sale of goods
and/or services to the public and where the dwelling is the principal residence of the business operator.
I
Industrial Uses
means:
Industrial Uses, Heavy
means a use engaged in the basic processing and manufacturing of materials or products
predominately from extracted or raw materials, or a use engaged in storage of, or
manufacturing processes that potentially involve hazardous or commonly recognized offensive
conditions.
Industrial Uses, Light
means a use engaged in the manufacturing, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication, assembly, treatment, packaging,
incidental storage, sales, and distribution of such products, but excluding basic industrial
processing.
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Institutional Uses
means a building or part of a building used as an auditorium, public day care centre, government
buildings (federal, provincial and municipal excluding provincial liquor stores), hospitals, emergency
services, public schools, public sports complex, public recreation facilities, post offices, theatres, and
uses of a similar nature, but excluding cultural facilities, parks and playgrounds, private recreation
facilities, and correctional facilities.
Interpretive Centre
means the use of a building or part thereof to communicate to the public the historical, scientific, or
cultural information about a location and/or to provide tourism and wayfinding information to the
public.
J
K
Kennel
means a commercial establishment where dogs and other domestic animals, excluding livestock, are
bred, raised and sold or kept for sale or boarding.
L
Licensed Liquor Establishment
means a licensed eating establishment, lounge, beverage room, cabaret, club, hospitality room, or
special premises licensed under the Nova Scotia Liquor Control Act or successor legislation.
Livestock
means cattle, sheep, swine, goats, horses, ponies, mules, ratites, farmed deer and game farm animals
and any other livestock designated by the Minister of Agriculture under authority of the Fences and
Detention of Stray Livestock Act. R.S., c. 166, s.1.
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Livestock Operation
means the use of land, buildings, or part thereof for keeping of livestock or poultry, and:
Livestock Operation, Household
Means a livestock operation with animal housing structure(s) greater than 7 m2 in gross floor
area, to a maximum of 340 m2.
Livestock Operation, Intensive
Means a livestock operation with animal housing structure(s) greater than 340 m2 in gross floor
area, and shall include fur farms.
Loading Space
means an area of land provided and maintained upon the same lot or lots upon which the main use is
located and which is:
(a)
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)
does not include any portion of a public or private road right-of-way; and
(c)
has adequate access to permit ingress and egress by means of driveways, aisles,
maneuvering areas or similar areas, no part of which shall be used for the temporary
parking or storage of one or more motor vehicles.
Lot
means any parcel of land described in a deed or as shown on a registered plan of subdivision.
Corner Lot
means a lot situated at the intersection of land abutting on two or more streets or private roads.
Flag Lot
means a lot characterized by the main body of the lot generally to the rear of another lot and
with lot frontage provided by a narrow prolongation or "pole" that extends from the main body
of the lot to a public or private road.
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Serviced Lot
means a lot that is serviced by a municipal sewer system, or is in the process of tentative
subdivision approval and has been identified for connection to a municipal sewer system, and
may or may not include municipal water services.
Unserviced Lot
means a lot that is not serviced by a municipal sewer system.
Lot Area
means the total horizontal area within the lot lines of a lot.
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 Depth
means the horizontal distance between the front and rear lot lines; where these lot lines are not
parallel, the lot depth shall be the length of a line joining the mid-points of the front and rear lot lines.
Lot Frontage
means the length of the straight line between the two points where the side lot lines intersect the front
lot line along any public street or private road.
Lot Frontage, Corner
means a lot situated at the intersection of and abutting on two or more public roads
or private roads, or any combination thereof. The shorter lot line shall be deemed the front lot
line of the said lot.
Lot Frontage, Interior
means a lot situated between two lots and having access to one public road, private road or
right-of-way.
Lot Frontage, Island or Waterfront
means a lot which does not abut or have access to a public road, private road, or right-of-way.
Lot Frontage, Through
means a lot bounded on two opposite sides by a public road, private road or combination
thereof provided, however, that if any lot qualifies as being both a corner lot and a through lot
as herein before defined, such lot shall be deemed to be a corner lot for the purpose of this By-
law.
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Lot Line
means a boundary line of a lot.
Flankage Lot Line
means any lot line that abuts the street or private road but is not the front lot line.
Front Lot Line
means the line dividing the lot from the street or private road. In the case of a corner lot or a lot
with more than one line abutting a single street or private road the shorter boundary line
abutting the street or private road shall be deemed the front lot line. In the case of a through lot
the longer boundary dividing the lot from the street or private road shall be deemed to be the
front lot line.
Rear Lot Line
means the lot line farthest from or opposite to the front lot line, but is not a flankage lot line.
Side Lot Line
means a lot line other than a front, flankage, or rear lot line.
M
Main Building
means the building designed or used for the principle use on the lot.
Main Wall
means the exterior front, side or rear wall of a building, and all structural members essential to the
support of a full or partially enclosed space or roof.
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Marina
means a commercial establishment or premise, containing docking facilities and located on a navigable
waterway, where boats and boat accessories are stored, serviced, repaired, or kept for sale or rent and
may include the sale of fuel and incidental supplies for the boat owners, crews, and guests.
Medical Clinic
means a building or part of a building where medical or therapeutic diagnosis and/or treatment services
are provided to the general public, but does not include a public or private hospital or a professional
office located in the practitioner's home.
Municipal Government Act ("The Act")
means the Municipal Government Act, SNS 1998, Chapter 18 and amendments thereto.
Municipal Landfill Site
means land owned by the Municipality of the District of Yarmouth and intended for the disposal of
waste material, including the temporary storage, consolidation and transfer, sorting, processing,
treatment, or recycling of waste material.
Municipal Planning Strategy
means the Municipal Planning Strategy of the Municipality of the District of Yarmouth.
Municipality
means, where the context dictates, either the Body Corporate of the Municipality of the District of
Yarmouth, or the geographical area incorporated as the Municipality of the District of Yarmouth.
N
O
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.
Ordinary High Water Mark
means, for non-tidal waters, the limit or edge of the bed of a body of water where the land has been
covered by water so long as to wrest it from vegetation or as to mark a distinct character upon the
vegetation where it extends into the water or upon the soil itself; and for tidal waters, the mark on the
seashore reached by the average of the mean high tides of the sea between the spring and neap tides in
each quarter of a lunar revolution during the year excluding only extraordinary catastrophes or
overflows.
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Outdoor Commercial Display
means a lot or an area of land where goods are displayed for the purpose of encouraging the purchase
of the display items by the general public.
Outdoor Furnace
means a solid fuel burning furnace which provides heat to any structure other than that which houses
the outdoor furnace.
P
Park or Playground
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.
Parking Lot or Structure
means an open area of land other than a street or an area within a structure for the parking of motor
vehicles.
Parking Space
means an area of land for the temporary parking of motor vehicles exclusive of driveways, aisles or
maneuvering areas.
Personal Service Shop
means a building or part of a building in which persons are employed in furnishing services and
otherwise administering to the individual and personal needs of persons and without limit the generality
of the foregoing may include such establishments as barber shops, beauty parlours, shoe shining or shoe
repair shops, tailoring shops, tattoo shops, and depots for collecting clothing and linens for dry cleaning
and laundry, but excludes any manufacturing or fabrication of goods for sale or the actual act of dry
cleaning.
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 Road
means any road that is not owned by the Municipality of the District of Yarmouth or the Province of
Nova Scotia.
Public Road or Street
means the whole and entire right-of-way of every highway, road, or road allowance vested in the
Province of Nova Scotia or the Municipality of the District of Yarmouth, but does not include a
controlled-access highway.
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Q
Qualified Person
means an individual who has undergone proper educational training and gained experience and
expertise to become certified or recognized as able to practice in a particular profession in the province
of Nova Scotia and, if required by applicable legislation, is a member in good standing in the professional
body representing and/or regulating the profession in Nova Scotia.
R
Racing Track
means:
Racing Track, Animal
means a facility built for the racing of animals, including but not limited to horses.
Racing Track, Vehicle
means a facility built for the racing of vehicles.
Recreational Use, Private
means:
Private Recreational Use, Indoor
means the use of private buildings or facilities for arenas, sports facilities, swimming pools, or
commercial recreation or amusement opportunities.
Private Recreational Use, Outdoor
means the use of private land for tennis courts, lawn bowling greens, skating rinks, skateboard
parks, athletic fields, band shells, pavilions, outdoor swimming pools, recreational boat
launches, amusement, and similar uses to the foregoing, together with necessary and accessory
buildings and structures, but not including recreation centres, shooting ranges, or a track for the
racing of animals, or any form of motorized vehicles.
Recreational Vehicle
means a vehicle intended as temporary accommodation for travel, vacation, or recreational use. Such
vehicles may include, but are not limited to, a motor home, fold-down camping trailer, truck camper,
holiday trailer, or fifth wheel travel trailer, but does not include any vehicle that meets the definition of
a derelict vehicle under the Municipal Government Act.
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Recycling Depot
means the use of a building or land in which domestic recoverable resources such as newspapers,
glassware, and metal cans are collected, stored, flattened, crushed, or bundled to be taken to another
site for processing. For greater clarity, this use does not include a salvage yard.
Restaurant
means a building or part thereof where food and/or drink intended for immediate consumption is
prepared and served to the public, including a drive-through, eat-in, or take-out restaurant.
Retail Store
means a building or part of a building in which goods, wares, merchandise, substances, articles, or things
are offered or kept for sale directly to the public at retail, but this definition does not include automobile
sales, boat and marine sales, display courts, retail lumber and home improvement yards, or heavy
equipment sales and rentals.
Right-of-way
means an easement for access extending to and having access to a public road or water frontage.
RV Park
means the use of land for more than two recreational vehicles for the purpose of habitation or
accommodations.
S
Salvage Yard
means an area of land where used bodies or parts of automobiles, or used bodies or parts of other
vehicles or machinery are placed or stored or kept; and a salvage yard under this By-law is not limited to
a salvage yard as defined by the Salvage Yards Licensing Act of Nova Scotia and it does not include a
scrap yard or recycling depot.
Scrap Yard
means a lot or premises for the storage or handling of scrap material, and without limiting the generality
of the foregoing, shall include waste paper, rags, bones, bottles, used bicycles, tires, metal or other
scrap material but does not include a salvage yard or recycling depot.
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Setback
means the horizontal distance between the specified lot line and the nearest main wall of any building
or structure and extending the full width or length of the lot.
Setback, Flankage
means the horizontal distance measured from the flankage lot line and the nearest main wall of
any building or structure on the lot.
Setback, Front
means the horizontal distance extending the full lot width, between the front lot line and the
nearest main wall of any building or structure on the lot.
Setback, Rear
means the horizontal distance extending across the full lot width, between the rear lot line and
the nearest wall of any main building or structure on the lot.
Setback, Side
means the horizontal distance between the front setback and rear setback, and between the
side lot line and the nearest wall of any main structure on the lot.
Separation Distance
means the straight line distance measured between two structures.
Shipping Container
means an article of transportation equipment, including one that is carried on a chassis, that is strong
enough to be suitable for repeated use and is designed to facilitate the transportation of goods by one
or more means of transportation and includes, but is not limited to, intermodal freight containers (sea
containers) and the body of transport trailers or straight truck boxes, but does not include a motor
vehicle.
Shooting Range
means the use of land or buildings with provided targets for the purpose of controlled firearms shooting
practice.
Sign
means any structure or device used to advertise or draw attention to any product, place, person,
business, institution, organization, or event, including any directional or way finding purpose and that is
intended to be seen from off the premises or from a parking lot. For greater clarity, signs not located
such that they are visible from off the premises or from a parking lot are not considered signs for the
purpose of this By-law and are not subject to the signage requirements of this By-law.
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Facial Wall Sign
means a sign attached to, painted on, or erected against a wall of a building, with the
face horizontally parallel to the building or structure wall.
Ground Sign
means a sign supported by one or more upright poles, columns, or braces placed in or
on the ground and not attached to any building or structure.
Projecting Wall Sign
means a sign that is attached to and projects from a structure or building face.
Roof Sign
means a sign which is located on or projects above the roof line of a building and is
fastened or secured in any manner to the roof.
Sign Area
means the area of the smallest triangle, rectangle, circle or semicircle that can wholly enclose the
surface area of the sign. Only one side of a multi-faced sign shall be used to determine sign area. The
sign area of individual letters or figures that are attached or painted on a surface shall be the area of the
smallest triangle, rectangle, circle or semicircle that can wholly enclose all of the letters, numbers or
insignia.
Site Plan Approval
means an approval issued by the Development Officer authorizing a development in accordance with
the provisions for site-plan approvals in the Municipal Planning Strategy, Land Use By-law and Municipal
Government Act.
Sleeping Unit
means a lockable room or rooms provided for the use of a single party and may or may not include an en
suite washroom and/or small kitchenette facilities.
Small Item Repair Shop
means a building or part thereof used for the sale or repair of household articles and may include small
engine, radio, television, and appliance repair shops but shall not include industrial or manufacturing or
motor vehicle repair shops.
Small Options Home
means the use of a building or part thereof for a family home, group care facility, or similar facility for
the non-medical care for not more than six persons in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living or for the protection of the individual, but
does not include a facility licensed by Corrections Canada or Nova Scotia Corrections or successor
bodies.
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Solar Collector
means a structure or array of structures, and ancillary equipment, designed to collect solar radiation and
convert it to useable forms of energy. Without restricting the generality of this definition, solar collector
system may include evacuated tubes, flat plate collectors, concentrating mirrors, and building-
integrated photovoltaic materials but does not include windows or greenhouses.
Solar Collector, Accessory
means a solar collector system designed and sized with a primary purpose to offset or meet the
energy needs of other uses on the site. While such systems may generate, on an annual basis, a
small monetary profit through programs such as net metering, such profits shall be secondary
and incidental to the purpose of offsetting on-site energy needs.
Solar Collector, Main
means a solar collector system designed and sized with a primary purpose to provide electricity
or other forms of energy to the grid or other off-site uses.
Solid Waste Disposal
means facilities for the treatment and disposal of solid waste, such as garbage or compost, and includes
incinerators and landfills, but does not include a salvage yard.
Special Care Home
means an extended or immediate care facility licensed under the Homes for Special Care Act, or
successor legislation, to provide full time skilled nursing care to individuals who, by reason of age,
chronic illness or infirmity, are unable to care for themselves. This includes nursing homes, long-term
care facilities, supportive housing, transitional housing, rooming homes, emergency shelters, and similar
uses, but shall not include correctional facilities.
Storey
means that portion of a building between any floor and the floor, ceiling, or roof next above, provided
that any portion of a building partly below grade level shall not be deemed a storey unless its ceiling is at
least 6 feet above grade. Any portion of a storey exceeding 14 feet in height shall be deemed an
additional storey for each 14 feet or fraction thereof.
Street Line
means the boundary line of a public road or private road.
Structure
means anything that is erected, built, or constructed of parts joined together or any such erection fixed
to or supported by the soil or by any other structure, and includes a building, but shall exclude fences
less than 1.9 metres in height.
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127
Subdivision By-law
means the Subdivision By-law of the Municipality of the District of Yarmouth.
T
Taxi and Bus Station
Text
Telecommunications Structures
means a building or structure erected for the purpose of transmitting communication signals including
but not limited to radio and TV broadcasting, emergency medical services, global positioning satellite,
and cellular phone signals.
Tour Operator
means any commercial establishment or business offering sightseeing tours or experiential tourism
offerings including but not limited to cycling, walking, or watercraft tours, fishing excursions, and whale
watching.
Trails and Conservation Uses
means the use of land for trails, boardwalks, floating docks, open space, interpretive panels or kiosks,
washrooms, and any structure or building necessary for conservation purposes or scientific research
related to the lands in question or to adjacent water bodies.
Travel Trailer
means a trailer that is mounted on axels, licensed for highway use and designed to be towed by vehicles
on highways that is used or intended to be used for short-term and is intended to be located or parked
on a site for a temporary period.
U
Use
means the purpose for which any land, building, or structure is utilized.
Utility
means any public or private system, work, plant, equipment or services which furnishes services at
approved rates to or for the use of the general public.
V
Variance
means a relaxation or reduction of the Land Use By-law requirements for a specific site, as stipulated in
Section 235-237 of the Municipal Government Act.
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W
Water Frontage
means the horizontal distance between the two points where the side lot lines of a waterfront lot
intersect the ordinary high-water mark of a watercourse. Where a lot intersects a watercourse or
watercourses multiple times the water frontage for the lot shall be considered the sum of all segments
greater than 2.0 metres in length.
Watercourse
means the bed and shore of a lake, river, stream, pond, ocean or other natural body of water, and the
water therein.
Wholesale and Distribution
Large-scale distribution and sales of goods in large quantities.
Wind Turbine Generator
means a machine and supporting structure designed to convert wind energy into mechanical or
electrical energy.
Blade
means an element of the wind turbine rotor which acts as a single airfoil, thereby extracting
kinetic energy directly from the wind.
Blade Clearance
means, in reference to a horizontal axis rotor, the distance from grade to the bottom of the
rotor's arc.
Horizontal Axis Rotor
means a device that utilizes the wind's kinetic energy to produce electrical power or mechanical
energy where the rotor is mounted on an axis approximately parallel to the earth's surface.
Nacelle
means a component of a wind turbine that houses its generating components including, but not
limited to, the gearbox, generator, drive train, and brake assembly.
Rotor's Arc
means the largest circumferential path travelled by the wind turbine blade.
Separation Distance
means the horizontal distance measured from the closest external face of the base of the wind
turbine tower to any specified feature or object.
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Total Height
means the height from grade to the highest vertical extension of the wind turbine, and in the
case of a wind turbine with a horizontal axis rotor, means the vertical distance measured from
established grade to the highest point of the rotor's arc.
Tower
means the structure which supports the rotor above grade.
Vertical Axis Rotor
means a device that utilizes the wind's kinetic energy to produce electrical power or mechanical
energy where the rotor is mounted on an axis approximately perpendicular to the earth's
surface.
Wind Turbine Generator, Micro-scale
means a wind turbine generator less than 10 kw in nameplate generating capacity. The power
generated from a micro-scale wind turbine generator is typically intended for on-site usage.
Wind Turbine Generator, Small-scale
means a wind turbine generator between 10 and 100 kilowatts (kW) in nameplate generating
capacity and less than 60 metres in total height. The power generated from a small-scale wind
turbine generator is typically intended for on-site usage.
Wind Turbine Generator, Large-scale
means a wind turbine generator greater than 100 kilowatts (kW) in nameplate generating
capacity and/or greater than 60 metres in total height. The power generated from a large-scale
wind turbine generator is typically intended to supply the Nova Scotia Power grid system.
X
Y
Yard
means an open uncovered space on the lot of a main building and unoccupied by buildings or structures
except as specifically permitted elsewhere in this By-law.
Yard, Flankage
means the area of land extending from the front yard to the rear yard and between the flankage
lot line and the nearest main wall of any main building on the lot.
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Yard, Front
means the area extending across the full width of a lot between the front lot line and the
nearest main wall of any main building on the lot.
Yard, Rear
means the area extending across the full width of a lot between the rear lot line and the nearest
main wall of any main building on the lot.
Yard, Side
means the area of land extending from the front yard to the rear yard and between the side lot
line and the nearest main wall of any main building on the lot.
Z
Zone
means a specified area of land shown on Schedule "A" of this By-law.
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-4-74A
06.26.2025
Short Term Rental
Policies
Amended to allow specific
types of Short Term
Rentals in all residential
zones.
Municipality of the District of Yarmouth Land Use By-law
131
Schedule A--Zoning Maps
Appendix A--Site Plan Application
Appendix B--Lake George Watershed Protected
Water Area Regulations
Reference No.
Effective Date
File or Project
General Nature of Change
CHG-ZM-252
06.14.2024
Rezone File #252
Rezoning of PID 90232257
from Hamlet Residential
(HR) to Hamlet Commercial
(HC)
CHG-ZM-254
05.26.2025
Rezone File #254
Rezoning of PID 90177270
& 90179276 from Rural
Development (RD) to
General Industrial (GI)
Schedule A - Zoning Maps
See pdf document Schedule A - Zoning Maps A-M - 05.27.2025
Available on the Municipality of the District of Yarmouth Website alongside this document at:
https://munyarmouth.ca/government/by-laws
https://munyarmouth.ca/services/development-inspection/land-development-zoning
Municipality of the District of Yarmouth Land Use By-law
Appendix A--Site Plan Application
Site Plan Information Required for Small-scale Wind Turbines
Item
Description
Site Plan
provide an accurate scaled Site Plan showing the following:
(a)
proposed location of wind turbine(s) and related
structure(s),
as well as location of all existing structures on the lot;
(b)
existing and proposed utility lines
existing and proposed roads showing access to the lot
and
access to proposed structures;
(c)
noise levels at property boundary lines;
(d)
all property lines and distances of all proposed
structures to
the property lines;
(e)
type, size and location of any proposed fencing; and
(f)
proposed landscaping.
Manufacturer's
Details
(g)
height of turbine and rotor
(h)
the turbine rated output in Kilowatts
(i)
sound characteristics of turbine(s)
(j)
engineering approval for foundations, towers and
support structures
(k)
safety features of turbine(s) and structures
Visual
Representation
Provide a visual representation of the proposed WTG installation
including scale elevations and proportions of wind turbines,
photographs and/or digital representations showing placement
and landscaping
Safety Analysis
Provide a report on how human safety will be protected
Application
Complete the application for site plan approval
Municipality of the District of Yarmouth Land Use By-law
(Office use)
File No.______________ Date Received _______________
Property Information:
Property PID ________________ Civic Address ______________________________________
Owner Name: __________________________________________________________________
Address
Telephone:
__________________ E-mail: ______________________________________
Applicant Name: ________________________________________________________________
Applicant Address: ________________________________________________________________
Telephone: __________________ E-mail: ______________________________________
Contact Person/Agent: _____________________________________________________________
Address: _____________________________________________________________
Telephone: ________________ E-mail: _____________________________________
Description of Proposal: (use additional sheet if necessary)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Applicant Signature: _____________________________ Date: _______________________
(Office Use) Application Complete Date: ________________
Site-plan Approved
Refused Signature: ____________________ Date: _________________
Municipality of the District of Yarmouth Land Use By-law
This consolidation is unofficial and is for reference only. For the official version of the regulations,
consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette
Part II.
Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any
recent amendments to these regulations filed with the Registry that are not yet included in this
consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of
Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved. It is for your
personal use and may not be copied for the purposes of resale in this or any other form.
Lake George Watershed Protected Water Area Regulations
made under Section 106 of the
Environment Act
S.N.S. 1994-95, c. 1
N.S. Reg. 197/2006 (October 16, 2006)
Citation
1 These regulations may be cited as the Lake George Watershed Protected Water Area Regulations.
Interpretation
2 In these regulations,
(a) "Act" means the Environment Act;
(b) "agricultural operation" means a farming unit other than a household garden that
(i) houses livestock or where livestock graze or are pastured,
(ii) has greater than 2 ha of land in forage production,
(iii) has greater than 2 ha of land in annual crop production, or
(iv) grows and harvests Christmas trees on a commercial basis,
or to which any combination of subclauses (i) to (iv) applies;
(c) "Committee" means the Lake George Watershed Management Committee;
(d) "Department" means the Department of Environment;
(e) "forestry operation" means any activity related to the use of a forest for producing timber, wood fiber or
Christmas trees, including but not limited to the following activities:
(i) forest management planning,
(ii) silviculture,
(iii) harvesting,
(iv) road construction, and
(v) operation, storage and use of equipment and supplies used in any aspect of the activity;
(f) "Minister" means the Minister of Environment;
(g) "nutrient management plan" means a plan for collecting, storing, handling, transporting, applying,
treating, using and disposing of agricultural fertilizer, compost, manure and other
materials containing nutrients that may be applied to lands, in a manner that prevents the
impairment of the quality of the water in the Protected Water Area;
(h) "open fire" means a fire that is not fully contained within a stove or other device in common usage for
the burning of wood as a fuel source for domestic cooking or heat;
(i) "pest control product" has the same meaning as set out in clause 2(q) of the Pesticide Regulations made
under the Act;
Appendix B--Lake George Watershed Protected
Water Area Regulations
Municipality of the District of Yarmouth Land Use By-law
(j) "professional forester" means a graduate from a Canadian university with at least a bachelor's degree in
forestry;
(k) "Protected Water Area" means the land and water designated by the Minister pursuant to subsection
106(1) of the Act as the Lake George Watershed Protected Water Area as described in
the designation;
(l) "release" means to spill, discharge, dispose of, spray, inject, inoculate, abandon, deposit, leak, seep,
pour, emit, empty, throw, dump, place, drain, pump or exhaust;
(m) "Water Works Operator" means the Town of Yarmouth Water Utility, operator of the Lake George
municipal water works.
[Note: the references to the Department in clauses (d) and (f) have been updated in accordance
with Order in Council 2008-161 under the Public Service Act, R.S.N.S. 1989, c. 376, effective
April 1, 2008.]
Public notification
3 (1) The Water Works Operator must post signs at appropriate locations around the perimeter of the
Protected Water Area to provide notice to the general public of the designation of the Protected
Water Area.
(2) The Water Works Operator must replace any signs posted under subsection (1) that have been damaged
or removed.
(3) The Water Works Operator must take appropriate measures to advertise and provide notice to the
general public of these regulations.
(4) No person is permitted to remove or alter any sign, notice or advertisement posted under these
regulations.
Activity restrictions
4 (1) No person is permitted to swim in Lake George except within 100 m of the dam.
(2) No person is permitted to wash a vehicle or equipment in any watercourse or within 60 m of the
shoreline or bank of any watercourse within the Protected Water Area.
(3) No person is permitted to fish within 100 m of the intake for the water treatment plant.
(4) No person is permitted to operate a motorized vessel or vehicle of any kind, including but not limited to
(a) motorized boat;
(b) jetskis;
(c) a hovercraft; or
(d) an amphibious vehicle
on, through, or over Lake George other than for the protection of the Protected Water Area and
unless authorized by the Water Works Operator.
(5) No person is permitted to operate a snowmobile, all-terrain vehicle, or other off-highway vehicle on
Lake George or any watercourse, whether covered by ice or not, other than for the protection
of the Protected Water Area and unless authorized by the Water Works Operator.
(6) No person is permitted to skate or participate in ice surface recreational activities on Lake George
(a) within 1000 m of the water treatment plant intake; and
(b) within 100 m of the dam.
Fire restrictions
5 (1) No person is permitted to light or be responsible for an open fire in the Protected Water Area from
April 1 to October 15, inclusive, in any year.
(2) No person is permitted to burn a product other than wood or charcoal during a time when an open fire is
permitted.
(3) Persons involved in a forestry operation within the Protected Water Area must comply with the Forests
Act and regulations made pursuant thereto, including the Forest Fire Protection Regulations.
Municipality of the District of Yarmouth Land Use By-law
Forestry restrictions
6 (1) No person owning property in excess of 5 ha is permitted to undertake any type of forestry operation
within the Protected Water Area unless the operation is conducted pursuant to a forest
management plan that is
(a) prepared by a professional forester in accordance with the objectives and policies described in the "Lake
George Watershed Management and Protection Strategy" issued by the Water Works
Operator; and
(b) approved in advance by the Water Works Operator.
(2) Despite subsection (1), a person who owns or occupies property in the Protected Water Area may
harvest from the property
(a) less than 20 cords of wood in any one year; or
(b) any amount of wood so long as it is for their own personal use.
(3) A forestry operation within the Protected Water Area must be conducted in accordance with the Wildlife
Habitat and Watercourses Protection Regulations made under the Forests Act and the
"Forest/Wildlife Guidelines and Standards for Nova Scotia" issued by the Department of
Natural Resources, or its successor document or code of practice, as amended from time to
time.
Road construction and watercourse alteration
7 No person is permitted to construct a forest access road within the Protected Water Area unless the route
location and construction methods are approved in writing by the Water Works Operator.
8 A forest access road within the Protected Water Area must be constructed in accordance with the
publication "Wood Lot Roads, Stream Crossings" issued by the Department of Natural Resources, or
its successor document or code of practice, as amended from time to time.
9 No person is permitted to construct or remove a bridge or culvert or otherwise alter a watercourse within
the Protected Water Area without first obtaining all necessary approvals from the Department and
providing the Water Works Operator with copies of such approvals.
10 An owner, operator or person who is responsible for an approved forest access road, bridge or culvert
must maintain and repair the road, bridge or culvert to the satisfaction of the Water Works Operator.
Pest control restrictions
11 No person is permitted to use a pest control product within the Protected Water Area without first
obtaining
(a) written permission from the Water Works Operator; and
(b) an approval from the Department.
Refuse, waste and discharge restrictions
12 (1) No person is permitted to install an on-site sewage disposal system within the Protected Water Area
unless
(a) the person has obtained an approval from the Department; and
(b) the system is constructed in conformance with the On-site Sewage Disposal Systems Regulations made
under the Act.
(2) An on-site sewage disposal system in the Protected Water Area must be pumped and inspected every 3
years.
(3) No person is permitted to release or cause or permit the release of oil, petroleum products, soap,
detergent, toxic chemicals, pest control product waste, garbage, litter, solid or liquid waste, or
any other material that causes or may cause an adverse effect to a watercourse or any other area within the
Protected Water Area.
Municipality of the District of Yarmouth Land Use By-law
(4) No person is permitted to establish a dump, landfill, an open windrow compost operation, or waste
disposal site within the Protected Water Area.
Agriculture restrictions
13 (1) An agricultural operation undertaken within the Protected Water Area must be conducted according
to a nutrient management plan prepared by a qualified nutrient management planner and
approved by the Water Works Operator.
(2) No person is permitted to conduct agricultural operations in the Protected Water Area within 100 m of
any watercourse, well, or drainage ditch, including a public highway ditch.
(3) No person is permitted to house livestock, or store manure, pest control products, or fertilizer as part of
an agricultural operation in the Protected Water Area, within 100 m of a watercourse, well, or
drainage ditch, including a public highway ditch or private roadway ditch.
(4) No person is permitted to import manure or biosolids for application on land or storage for an
agricultural operation in the Protected Water Area.
(5) Agricultural operations are subject to the soil erosion and sedimentation control restrictions of Section
16.
Easement restrictions
14 No person is permitted to construct a road, pipeline, railway, telephone line, power line, or other similar
undertakings or grant an easement on, over, under, or across the Protected Water Area without first
obtaining the written approval of the Water Works Operator, which the Water Works Operator will
not unreasonably refuse.
Pit, mine, quarry restrictions
15 No person is permitted to extract peat, gravel, rock, minerals, aggregate materials, top soil or any non-
renewable resources within the Protected Water Area.
Soil erosion and sedimentation control
16 (1) No owner, occupier, contractor or person responsible for a construction project or other activity
within the Protected Water Area requiring grubbing or earth moving that would expose more
than 250 m2 of soil at any time is permitted to proceed unless they have
(a) developed an erosion and sedimentation control plan as described in the "Erosion and Sedimentation
Control Handbook for Construction Sites", published by the Department; and
(b) obtained prior written approval of the Water Works Operator.
(2) No person is permitted to release at any time water that has a suspended solid concentration greater than
25 mg/L from any construction site within the Protected Water Area.
Home heating oil tanks and fuel storage tanks
17 (1) No person is permitted to install a home heating oil tank, a gasoline fuel storage tank, or a diesel fuel
storage tank within the Protected Water Area unless the tank is
(a) made of stainless steel;
(b) constructed with double walls; or
(c) approved prior to installation in writing by the Water Works Operator.
(2) No person is permitted to install a petroleum storage tank within the Protected Water Area that is not
located inside a dwelling or other building unless the tank is
(a) supported by concrete footings;
(b) equipped with a fuel line guard;
(c) securely fastened to the dwelling or other building; and
(d) surrounded by a concrete containment capable of holding 110% of the volume of the tank.
(3) No person is permitted to install a gasoline petroleum storage tank or a diesel petroleum storage tank
within the Protected Water Area that holds more than 1135 L.
Municipality of the District of Yarmouth Land Use By-law
(4) No person is permitted to install an underground petroleum storage tank within the Protected Water
Area.
(5) A person who is using mechanical equipment or transporting gasoline or oil within the Protected Water
Area is not permitted to release, and must take precautions to prevent the release of, a
petroleum product onto the ground or into a watercourse or runoff from the area.
Consultation with the Committee
18 (1) The Water Works Operator must consult with the Committee before granting any authorization or
approval required by these regulations.
(2) A permit or approval issued by the water works operator under these regulations may contain terms and
conditions respecting time and other restrictions if the terms, conditions, or restrictions are
deemed necessary to protect water quality in the Protected Water Area.
Approval by Water Works Operator
19 Any decisions regarding approvals made by the Water Works Operator under these regulations must be
made no later than 60 days after the application is submitted.