Land Use By-law (Office Consolidation, amendments to May 5 2026)
Yarmouth, Nova Scotia
· adopted 2026-05-05
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Town of Yarmouth
Land Use By-law
June 2016
I, JEFF GUSHUE, Clerk and Chief Administrative Officer of the Town of Yarmouth, do
hereby certify that the foregoing is a true copy of the revised Land Use By-law of the Town
of Yarmouth. GIVEN UNTO the hand of the Town Clerk/Chief Administrative Officer and
the Corporate seal of the Town this 9th day of June, AD, 2016.
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OFFICE CONSOLIDATION
With Amendments to May 5th, 2026
Town of Yarmouth
New Land Use By-law
Adopted by Council on June 9, 2016
Effective August 23rd, 2016
I acknowledge receipt of this Land Use By-law, adopted at a meeting of the Town Council of
the Town of Yarmouth, held on June 9, 2016.
Pursuant to Section 208 of the Municipal Government Act, I have reviewed the documents and
have determined that the documents do not fall within any of the categories requiring approval
listed in Subsection 208(3); therefore, the documents are not subject to the approval of the
Minister of Municipal Affairs.
Andrew Paton
Acting Provincial Director of Planning
Dated: August 16, 2016
1
AMENDMENTS AFTER
THE REVISED MUNICIPAL PLANNING STRATEGY (MPS) AND LAND USE BY-LAW (LUB)
Effective August 23, 2016
Effective Date
Description
January 3rd, 2017
LUB amendment to permit art studios in the Medium Residential Main Street
(R-2M) zone with the addition of Woodworking and Handcrafts in the definition
of Art Studio Establishment. (AM2016-006)
January 3rd, 2017
LUB amendment to allow additional accesses with the recommendation and
support of the Town Engineer and Traffic Authority. (AM2016-007)
March 7th, 2017
LUB amendment to permit the use of Portable Open Air Cinema (Theatre) in the
Commercial Industrial (CI-4) zone and at 5 Hardscratch Road. The use of the
equipment and concession stand will require a Special Occasion Permit at the
time, but will call for a change in the definition of "Special Occasion" in the LUB
in order to allow this. (AM2016-008)
May 2nd, 2017
MPS and LUB amendment to permit up to eight (8) units in total where the
approval is by the Site Planning process. Where the total number of units
exceeds eight (8) or the number of buildings exceeds four (4) the approval
process is by Development Agreement. The approval process followed must be
by mutual agreement so this does not prevent the Development Officer from
requiring that the approval for a proposal that is lower than these limits
proceed by Development Agreement. (AM2016-009)
May 10th, 2017
LUB amendment to permit the establishment of a Microbrewery at 270 Main
Street and the establishment of Microbreweries, Microwineries and
Microdistilleries to locate anywhere in the Downtown Commercial (C-1) zone.
(AM2017-001)
May 10th, 2017
LUB amendment to rezone the Town owned property located at 28 Jarvis Road
from Comprehensive Development (CD) to Open Space (O1). (AM2017-002)
July 4th, 2017
LUB amendment to rezone 29 Starrs Road from Open Space (O1) to General
Commercial (C-2). (AM2017-003)
August 9th, 2017
LUB amendment to permit onsite construction of one (1) bedroom two (2) unit
buildings (mini homes) in the East Side Village Mobile Home Park on Argyle
Street and Ellis Road. (AM2017-005)
August 9th, 2017
LUB amendment to remove Section 6.6(1)(a) which only allows one sided signs
and replacing it with a new Section 6.6(1)(a) which will allow multisided signs.
(AM2017-006)
August 9th, 2017
LUB amendment to permit the building for accessory use to be constructed on
the vacant lot under conditions. The conditions being that the accessory use be
removed if either of the lots changes ownership unless a building for a
permitted use is constructed on the lot housing the accessory use.
(AM2017-007)
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August 9th, 2017
LUB amendment to clarify the setback from flanking streets in the General
Commercial (C-2) zone. (AM2017-008)
August 9th, 2017
LUB amendment to provide clarity with respect to permitting more than one (1)
kitchen in a dwelling unit. (AM2017-009)
August 9th, 2017
LUB amendment to remove the requirements for Mandatory Bicycle Parking
Units but facilitating their construction if users so wish to add them to their
dwelling units. (AM2017-010)
August 9th, 2017
LUB amendment to the setback for accessory buildings where existing buildings
are less than 4.6m (15ft) from the street. (AM2017-011)
October 17th, 2017
LUB amendment to rezone vacant properties located at 1 Haskell Street and 2
Pearl Street from Low Density Residential (R-1) to Waterfront Industrial (M-2).
(AM2017-014)
January 9th, 2018
MPS and LUB amendment to permit cash-in-lieu for residential parking.
(AM2017-012)
January 9th, 2018
MPS and LUB amendment to permit the use of the building at 2 Herbert Street
and the adjacent property at 6 Herbert Street as a Food Bank operation.
(AM2017-013)
April 4th, 2018:
LUB amendment to the Community Centre definition to permit the private
sector to provide an arts & community centre facility in addition to government
and non-profit organizations. (AM2017-016)
April 4th, 2018:
LUB amendment definition of Seasonal Retail Trade to include recreational
activities. (AM2017-017)
April 4th, 2018:
LUB amendment to change five hundred square feet (500 ft2) to one thousand
square feet (1,000 ft2) and that manufacturing be added to the stated uses to
the Commercial Industrial (CI-4) and Waterfront Commercial Industrial (WCI-5)
zone parking requirements in order to mirror the existing general provisions in
all industrial zones policy. (AM2017-018)
April 4th, 2018:
LUB amendment to change the use of the word "secondary" in order to provide
clarity to the intent of Policy 19.3. (AM2017-20)
April 4th, 2018:
LUB amendment to approve the addition of Section 5.59 Criteria for Site Plan
Approvals to Part 5 - General Provisions for all zones. (AM2017-021)
April 4th, 2018:
LUB amendment to permit commercial flag signs in all zones with the exception
of those listed in the Downtown Commercial and the Residential Sign Provision
tables. (AM2018-001)
June 12th, 2018:
LUB amendment to permit accessory buildings in the front yard within
Institutional zones. (AM2017-019)
June 12th, 2018:
LUB amendment to rezone 112 Parade Street to Medium Density Residential (R-
2). (AM2018-002)
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June 12th, 2018:
LUB amendment to allow accessory buildings in the front and flanking yard
within General Commercial (C-2) and Commercial Industrial (CI-4) zones.
(AM2018-004)
July 10th, 2018:
LUB amendment to reinstate the Standards for Parking Areas and delete the
redundant section for Site Plan Approval in the Comprehensive Development
(CD) zone. (AM2018-005)
July 24th, 2018:
MPS and LUB amendment for Various Cross-Reference Corrections and Minor
Conflicts. (AM2017-022)
August 28th, 2018:
MPS and LUB amendment for Permanent Locations for Food Trucks.
(AM2018-003)
December 11th, 2018:
LUB amendment to allow for more than two (2) accessory buildings on a
residential zoned lot used for group dwellings. (AM2018-008)
December 25th, 2018
MPS and LUB amendment to create a new zone entitled Mixed Residential
Development Park (MR) zone in the Land Use By-law to replace the Mobile
Home Park (R-M) zone and apply it to the current Mobile Home Park on Argyle
Street and some adjacent properties to permit residential development
including apartments and townhouse dwelling with up to eight (8) dwelling
units. (AM2018-006)
April 3rd, 2019
MPS and LUB amendment to encourage the private sector to assemble at least
two (2) parcels of adjacent land in the Comprehensive Development (CD) Zone
in order to plan land development projects comprehensively using a larger
number of permitted uses with approval by the Site Plan Approval process. Also,
to permit development by using the Group Dwelling approach as well as
individual apartment building s on separate lots. (AM2018-009)
April 11th, 2019
LUB amendment to exempt Fishery and/or marine-related uses from the
requirement that "there is at least one (1) building containing sewer & water
services on the same lot." (AM2019-001)
May 15th, 2019
MPS and LUB amendment to permit Recreational Cannabis Industry as a
Cultivation and Processing of Agricultural Products Use in all Industrial Zones
(CI-4 & M-1) (AM2018-007)
October 9th, 2019
LUB amendment to rezone the Town owned property located at 28 Jarvis Road
from Open Space (O-1) to Comprehensive Development (CD). (AM2019-008)
January 15th, 2020
MPS and LUB amendment to protect and enhance the working waterfront.
(AM2019-003)
February 5th, 2020
MPS and LUB amendment to permit the construction of additional residential
units at 65 Parade Street and 199 Pleasant Street. (AM2019-010)
June 13th, 2020
MPS amendment to add a note to the end of 36.1. in regards to the Canadian
Geodetic Vertical Datum. (AM2019-007)
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July 31st, 2020
LUB amendment to ban the display of signs advertising positions for elections,
political parties and plebiscites; excluding signs placed within a residence.
(AM2020-001)
September 23rd, 2020
MPS and LUB amendment to permit cultivating and processing in the C-2
(General Commercial) Zone. (AM2019-012)
October 8th, 2020
Swimming Pool By-law Amendments. (AM2020-003)
December 30th, 2020
LUB amendment to rezone 38 Vancouver Street from Low Density Residential
(R-1) Zone to Medium Density Residential (R-2) Zone. (AM2020-004)
March 10th, 2021
MPS and LUB Housekeeping Amendments. (AM2020-002)
April 7th, 2021
LUB amendment to rezone 25 (PID #90217712) and 27 (PID #90217720)
Clements Avenue from Low Density Residential (R-1) Zone to High Density
Residential (R-3) Zone and enter into a Development Agreement for the
development proposal. (AM2020-001)
April 12, 2021 (Reg)
DA to amend existing DA for 339 Pleasant Street in order to permit a number of
additional accessory structures on the property. Document# 118366948
May 13th, 2021
Discharge of DA, Document #2593, Respecting 3 Main Street (PID #90197286)
(AM2021-003)
July 7th, 2021
LUB amendment to rezone 8 James Street (PID #90204520) from an Institutional
(I-1) Zone to a Medium Density Residential Main Street (R-2M) Zone.
(AM2021-002)
August 11th, 2021
MPS and LUB amendment to rezone 61 Waverly Street (PID #90217985) from a
Commercial Industrial (CI-4) to a Medium Density Residential (R-2) Zone.
(AM2021-001)
January 12th, 2022
MPS and LUB Housekeeping Amendments. (AM2021-004)
June 1st, 2022
MPS and LUB amendment to add "cultivation and processing within wholly
enclosed buildings, excluding the cultivation of marijuana" as a permitted use in
the C-1, C-2M, and C-3 Zones. (AM2022-001)
July 7th, 2022
MPS and LUB amendment to change the permitted uses section listed under the
Open Space (O-1) zone to allow existing Institutional Uses, regardless of
whether they are contained within an existing building and amend the definition
of "Existing" to exempt Institutional Uses which are located within the O-1 Zone.
(AM2022-004)
July 7th, 2022
MPS and LUB amendment to create enabling policies that would allow
Commercial Vans Larger then 6,804 kgs (15,000 lbs) to be permitted on
residentially zoned lots by Development Agreement. (AM2022-003)
August 10th, 2022
LUB amendment to change permitted accessory buildings in the Institutional
Zone (I-1) to allow larger accessory buildings. (AM2022-005)
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October 5th, 2022
Rezoning of 1 Cosman Lane from Low Density Residential (R-1) to Medium
Density Residential (R-2). (AM2022-007)
December 14th, 2022
LUB amendments to allow boarding or rooming houses in all zones that allow
dwelling units. (AM2022-010)
December 14th, 2022
LUB amendments to allow for a 24-unit affordable housing development on
Shaw Avenue, with concurrent rezoning from General Commercial Main (C2-M)
to High Density Residential (R-3). (AM2022-011)
March 8th, 2023
LUB amendment to allow accessory buildings in front yards of residential zones.
(AM2022-014)
March 8th, 2023
LUB amendment to add outdoor lighting provisions consistent with the recently
adopted Dark Sky Policy. (AM2022-015)
March 15th, 2023
MPS and LUB Housekeeping amendments related to Development Agreements
and Site Plan Approvals. (AM2022-013)
March 15th, 2023
MPS amendment to change the boundaries of the Industrial designation and
rezone two lots on Water Street (PID 90195280 and 90326125) from Waterfront
Industrial (M-2) to Medium Density Residential (R-2). (AM2022-008)
March 15th, 2023
MPS and LUB amendments to include provisions related to transitional and
supportive housing by Development Agreement. (AM2022-012)
July 12th, 2023
LUB amendment to include micro-distillery, micro-brewery, micro-wineries, and
similar craft beverage production as permitted uses in the General Commercial
(C-2) Zone. (AM2023-001)
August 9th, 2023
MPS and LUB amendments to allow short-term rental accommodations within
residential dwellings. (AM2023-002)
April 17th, 2024
MPS and LUB amendments to allow a Development Agreement with the
landowner of 107 Main Street to accommodate the intended storage trailer in
the eastern portion of the subject site. (AM2023-004)
May 8th, 2024
LUB amendments intended to simplify the approvals and development of
accessory buildings in commercial areas. (AM2023-005)
July 10th, 2024
LUB amendments designed to introduce and enable sponsorship recognition
signs in the Town of Yarmouth. (AM2023-003)
November 14th, 2024
LUB amendment intended to align recent Provincial changes that allow primary
care at some local pharmacies with the rules of the Land Use Bylaw. (AM2024-
002)
June 5th, 2025
LUB amendment to rezone two lots (PID# 90334780 and PID# 90334798) from
Low Density Residential (R-1) Zone and Residential Holding (R-H) Zone to High
Density Residential (R-3) zone. (DA2025-001)
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July 10th, 2025
MPS and LUB amendments to allow adaptive reuse of a former church into a
restaurant with a lounge space. (AM2024-003)
July 10th, 2025
MPS and LUB amendments to support the local development community in
their efforts to introduce additional housing and create new economic
development opportunities. (AM2024-003)
October 23rd, 2025
MPS, LUB and Rezoning amendments to introduce a new residential housing
accelerator - 1 (HA-1) Zone and to rezone four Town owned lots located at 56
Tooker St, 37 Argyle St, 22 Chester St, and 4 Bond St from Low Density
Residential (R-1) Zone to Housing Accelerator - 1 (HA-1) Zone. (AM2025-003,
AM2025-004, AM2025-005, AM2025-008)
December 11th, 2025
LUB amendment to rezone 3 Commercial Street from Low Density Residential
(R-1) Zone to Medium Density Residential (R-2) Zone. (AM2025-001)
January 22nd, 2026
Rezoning, LUB and MPS amendments to rezone the property from Medium
Density Residential Main Street (R-2M) Zone to Downtown Commercial (C-1)
Zone, along with recommended administrative amendments. (AM2025-002)
May 5th, 2026
Amendments to the MPS and LUB under the Housing Accelerator Fund (HAF)
Initiatives. (AM2025-009)
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Table of Contents
Preamble ..................................................................................................................... 3
Part 1 - Title and Application ..................................................................................... 3
Part 2 - Zones and Zoning Map .................................................................................. 4
Part 3 - Interpretation.................................................................................................. 6
Part 4 - Administration ............................................................................................... 8
Part 5 - General Provisions for All Zones ................................................................ 10
Part 6 - Signs ............................................................................................................ 38
Part 7 - General Provisions for All Residential Zones ............................................. 53
Part 9 - Low Density Residential (R-1) Zone ........................................................... 65
Part 10 - Medium Density Residential (R-2) Zone .................................................. 67
Part 11 - Medium Density Residential Zone Main Street (R-2M) Zone .................. 69
Part 12 - High Density Residential (R-3) Zone ........................................................ 72
Part 13 - Mixed Residential Development Park (MR) Zone .................................... 73
Part 14 - Comprehensive Development (CD) Zone ................................................. 75
Part 15 Residential Holding (R-H) Zone ................................................................. 80
Part 16 - General Provisions for Commercial Zones ............................................... 89
Part 17 - Downtown Commercial (C-1) Zone ........................................................... 93
Part 18 - Downtown Transition Zone (DTZ) ......................................................... 109
Part 19 - General Commercial (C-2) Zone ............................................................. 114
Part 20 - General Commercial Main Street (C-2M) Zone ...................................... 117
Part 21 - Secondary Commercial (C-3) Zone ........................................................ 119
Part 22 - Local Commercial C-4 Zone ................................................................... 121
Part 24- General Provisions for All Commercial Industrial Zones ....................... 124
Part 25 - Commercial Industrial (CI-4) Zone ........................................................ 130
Part 26 - Waterfront Commercial Industrial (WCI-5) Zone .................................. 133
Part 27 - Waterfront Comprehensive Development Zone (WCD) ........................ 136
Part 28 - General Provisions for All Industrial Zones ............................................ 139
Part 29 - General Industrial (M-1) Zone ................................................................. 142
Part 30 - Waterfront Industrial (M-2) Zone ............................................................ 144
Part 31 - General Provisions for All Institutional and Environmental Zones ........ 147
Part 32 Open Space (O-1) Zone ............................................................................ 148
Part 33 - Floodplain (O-2) Zone ........................................................................... 149
Part 34 - Environmentally Sensitive (E-S) Zone ................................................... 150
Part 35 - Institutional (I-1) Zone ........................................................................... 151
Part 36 - Health Campus (HC) Zone ...................................................................... 155
Part 37 - Climate Change Storm Surge and Sea-level Rise Sensitive Area ........... 158
Part 38 - Definitions .............................................................................................. 163
2
Schedules
Schedule "A" ......................... Zoning Map
Schedule "B" ........................ Upper Broad Brook Marsh Map
Schedule "C" ......................... Existing Uses and Non-Conforming Uses
Schedule "D" ........................ Architecturally Sensitive Areas Map
Schedule "E" ......................... Street Classification Map
Schedule "F" ......................... Urban Design Form Based Code Map
Schedule "G" ....................... Climate Change Storm Surge and Sea-Level Rise
Sensitive Area Map and its accompanying Maps:
Map A, Map B, Map C and Map D
3
Town of Yarmouth - Land Use By-law
Preamble
Persons referring to this By-law for information on the standards for development should first
refer to the provisions respecting the particular zone in which the property is located. If the zone
is not known, consult the Zoning Map (Schedule "A") which forms part of this By-law. Secondly,
persons should determine if the proposed development satisfies the general requirements of the
Land Use By-law. It should be noted that this By-law is subject to amendment from time to time.
Reference should also be made to the Definitions outlined in Part 38 of this By-law.
Part 1 - Title and Application
1.1 Title and Application
This By-law shall be known and may be cited as the "Land Use By-law" of the Town of Yarmouth
and shall apply to all those lands located within the boundaries of the Town of Yarmouth.
1.2 Purpose and Scope
The purpose of this By-law is to carry out the purpose and intent of the Municipal Planning
Strategy for the Town of Yarmouth in accordance with the provisions of the Municipal
Government Act (R.S.N.S. 1998, Chapter 18 as amended) by regulating the use of land and the
location, size, spacing, character and use of buildings and structures within the Town of
Yarmouth. Further, this By-law does not exempt any person from complying with the
requirements of other by-laws or regulations in force within the Town of Yarmouth, including the
Subdivision By-Law and Building Code, and from obtaining any license, permission, permit,
authority or approval required thereunder.
4
Part 2 - Zones and Zoning Map
2.1 Zones
For the purposes of this By-law, the Town of Yarmouth is divided into the following zones and
areas, the boundaries of which are shown on the Zoning Map (Schedule "A") and other applicable
schedules attached. Such zones and areas may be referred to by their appropriate symbols:
Low Density Residential
R-1
Architecturally Sensitive Area
A-S
Medium Density Residential
R-2
Medium Density Residential R-2M
High Density Residential
R-3
Mixed Residential Development Park
MR
Comprehensive Development
CD
Residential Holding
R-H
Downtown Commercial
C-1
Downtown Transition
DTZ
General Commercial
C-2
General Commercial Main Street
C-2M
Secondary Commercial
C-3
Local Commercial
C-4
Commercial Holding
C-H
Commercial Industrial
CI-4
Waterfront Commercial Industrial
WCI-5
Waterfront Comprehensive Development WCD
General Industrial
M-1
Waterfront Industrial
M-2
Open Space
O-1
Flood plain
O-2
Environmentally Sensitive
E-S
Institutional
I-1
Health Campus
HC
Climate Change Storm Surge
and Sea-level Rise Sensitive Area
5
Climate Change Storm Surge and Sea-Level Rise Sensitive Area Map and its Accompanying
Maps: Map A, Map B, Map C and Map D
2.2 Zoning Map and Schedules
Schedule "A" attached hereto may be cited as the Zoning Map. The Zoning Map and all other
Schedules and Appendixes attached hereto are hereby declared to form a part of this By-law.
6
Part 3 - Interpretation
3.1 Symbols
The symbols used on the Zoning Map (Schedule "A") attached hereto, refer to the appropriate
zones established by this By-law.
3.2 Defined
The extent and boundaries of zones are shown on the Zoning Map, (Schedule "A") attached
hereto, and for all such zones, the respective provisions of this By-law shall apply.
3.3 Interpretation of Zoning Boundaries
Boundaries between zones shall be determined as follows:
(1) Where a zone boundary is indicated as following a street or highway, the boundary shall
be the centre line of such a street or highway;
(2) Where a zone boundary is indicated as approximately following lot lines, the boundary
shall follow such lot lines;
(3) Where a street, highway or railway right-of-way, electrical transmission line right-of-
way or watercourse is included on the Zoning Map, it shall, unless otherwise indicated,
be included in the zone of the adjoining property on either side thereof;
(4) Where a railroad right-of-way, electrical transmission line right-of-way or watercourse
is included on the Zoning Maps and serves as a boundary between two or more different
zones, a line midway on such right-of-way or watercourse and extending in the general
direction of the long division thereof shall be considered the boundary between zones
unless specifically indicated otherwise;
(5) Where a zone boundary is indicated as following the limits of the Town, the limits shall
be the boundary; or,
(6) Where none of the preceding provisions apply, and where appropriate, the zone
boundary shall be scaled from the Zoning Map (Schedule "A").
3.4 Certain Words
In this By-law, unless clearly indicated otherwise, words used in the present tense include future,
words in the singular number include the plural, words in the plural include the singular number,
words in the masculine include the feminine, and the word "used" includes "arranged", "designed
or intended to be used", and the word "shall" is mandatory and not permissive.
3.5 Permitted Uses
7
In this By-law, any use not listed under "Permitted Uses" in a particular zone is prohibited.
3.6 Explanatory Notes
Throughout this By-law are explanatory notes enclosed within a box. These notes are for
information purposes only and do not form part of this By-law.
3.7 Metric Dimensions
All units of measure contained in this By-law are metric standards. All imperial measurements in
parenthesis are approximate equivalents only and are provided for the convenience of the
reader.
8
Part 4 - Administration
4.1 Enforcement
This By-law shall be administered by the Development Officer.
4.2 Scope of Application
Every application for a Development Permit shall be accompanied by plans drawn to an
appropriate scale showing:
(1) The true shape and dimensions of the lot to be used, and upon which it is proposed to
erect any building or structure;
(2) The proposed location, height and dimensions of the building, structure, or work in
respect of which the permit is applied for;
(3) The location of every building or structure already erected on or partly on such lot;
(4) The proposed location and dimensions of parking spaces, loading spaces, accesses to
any public streets or rights-of-ways, driveways and landscaped areas; and,
(5) Other such information as may be necessary to determine whether or not every such
building, development, reconstruction or redevelopment conforms to the requirements
of this By-law.
4.3 Survey Necessary
Where the Development Officer is unable to determine whether the proposed development
conforms to this By-law and its provisions which affect the proposed development, they may
require that the plans submitted under Part 4.2 be based on a current survey by a Nova Scotia
Land Surveyor.
4.4 Signature for Application
The application shall be signed and dated by the registered owner or by the owner's duly
authorized agent. The application shall set forth in detail the current and proposed use of the lot
and each building or structure together with all information necessary to determine whether or
not every such existing or proposed use of land, building or structure conforms to the
requirements of this By-law.
4.5 Expiration of Development Permit
Any Development Permit issued shall expire six (6) months from the date of issue, should no
development begin within the aforementioned time period.
9
4.6 Revocation of a Development Permit
The Development Officer may revoke a Development Permit where information provided on the
application is found to be inaccurate. Any revocation shall be sent by regular mail and becomes
effective three (3) days after the mailing date.
4.7 Amendments to By-law, Application for Development Agreement or Amendment to
Development Agreement
(1) Any person who wishes to amend or revise this By-law or who wishes to make
application to enter into a Development Agreement or amend a Development
Agreement shall submit an application in writing to the Town of Yarmouth.
(2) The application shall state an address for service.
(3) The applicant shall deposit with the Town an amount estimated by the Clerk to be
sufficient to pay the cost of advertising required by the Municipal Government Act.
Where Council decides not to proceed with the application, the deposit shall be returned
to the applicant.
(4) After the relevant notice and advertising required pursuant to the Municipal
Government Act has been completed, the applicant shall pay to the Clerk any additional
amount necessary to defray the cost of advertising or if there is a surplus, the Clerk shall
refund the same to the applicant.
4.8 Notification to Property Owners
When an application has been received to amend this By-law for a site specific purpose or to
enter into a Development Agreement or amend a Development Agreement, all property owners
within 30m (100 ft.) of the subject property shall be notified of the application and the date of
the Public Hearing by regular mail, seven days prior to the Public Hearing.
4.9 Date of By-law
The effective date of this By-law shall be August 23rd, 2016.
10
Part 5 - General Provisions for All Zones
These general provisions apply to all zones except where a particular zone or use is specified.
5.1 Scope
(1) No building or structure shall hereafter be erected or altered, nor the use of any
building, structure or lot hereafter be changed unless a Development Permit has been
issued and no Development Permit shall be issued unless all the provisions of this By-
law are satisfied.
(2) Unless otherwise stated in this By-law, no person shall undertake a development on a
lot in the Town of Yarmouth without first obtaining a Development Permit from the
Development Officer.
(3) Any person who violates a provision of this By-law shall be subject to prosecution as
provided for under the Municipal Government Act.
5.2 Fronts Upon a Street
Unless this By-law specifies otherwise, 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 owned and maintained by the Town of Yarmouth or by the
Province of Nova Scotia with a street frontage of at least 6 m (19.7 ft), except where the lot or
parcel is located on Baker's Island. All lots, including the remainder, created on Baker's Island,
shall have water frontage of at least 6 m (19.7 ft).
5.3 Licenses, Permits and Compliance with Other By-laws
Nothing in this By-law shall exempt any person from complying with the requirements of the
Building By-law or any other By-law in force within the Town, or from obtaining any license,
permission, permit, authority or approval required by any other By-law of the Town of Yarmouth.
Where the provisions of the By-law conflict with those of any other Municipal or Provincial
requirements, the higher or more stringent regulations shall prevail.
NOTE
Besides these general policies, readers are also directed to Part 37, which contains
supplemental regulations pertaining to Climate Change adaptation for certain areas
adjacent to Yarmouth Harbour. See Table 11.1 of the MPS for a list of those areas.
11
5.4 Non-Conforming Structures, Non-Conforming Uses and Existing Uses
(1) Non-conforming structures shall be subject to Sections 238, 239, 240, 241 and 242 of
the Municipal Government Act.
(2) Non-conforming uses and existing uses shall be listed and regulated pursuant to
Schedule "C" of this By-law.
5.5 Variations Regarding Non-Conforming Structures and Uses
(1) Notwithstanding Section 5.4, a non-conforming structure which is unintentionally
damaged or destroyed through no fault of the owner may be rebuilt, repaired or
renovated provided the structure is substantially the same as it was before the damage
or destruction and used for a purpose permitted by the Land Use By-law.
(2) Notwithstanding Section 5.4, a non-conforming structure may be enlarged,
reconstructed, repaired or renovated provided:
a) the enlargement, reconstruction, repair, or renovation does not further reduce
the front yard, side yard, rear yard, or separation distance that does not conform
to this By-law;
b) the use conforms to the Land Use By-law; and,
c) all other applicable provisions of the Land Use By-law are satisfied.
(3) Notwithstanding Section 5.4, a structure containing a non-conforming use which is
unintentionally damaged or destroyed through no fault of the owner may be rebuilt,
repaired, or renovated within one year of the date of the damage or destruction
provided the structure is substantially the same as it was before the damage or
destruction and used for a purpose permitted by the Land Use By-law or otherwise has
not changed its non-conforming use.
(4) Notwithstanding Section 5.4, a structure containing a non-conforming use may be
expanded in compliance with this By-law provided the addition shall not at any time be
used for the purpose of the non-conforming use.
5.6 Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of any
building or structure, provided in the case of a non-conforming use and/or non-conforming
structure that the provisions of this By-law respecting non-conforming uses and/or non-
conforming structures are satisfied.
12
5.7 Existing Undersized Lots: Change In Use To A Permitted Use
(1) Notwithstanding anything else in this By-law, the use of a main building existing on a lot
on the effective date of this By-law may be changed to a use permitted on the lot by this
By-law where the lot frontage, lot area, front yard, flanking yard, rear yard or side yards
or all of these are less than the requirements; provided the yards which do not conform
are not further reduced; and, provided all other requirements of the Land Use By-law
are satisfied.
(2) Notwithstanding anything else in this By-law, the use of land existing on a lot on the
effective date of this By-law may be changed to a use permitted by the Land Use By-law
where the lot frontage or lot area or both are less than the requirements and provided
all other requirements of the Land Use By-law are satisfied.
(3) For the purpose of this section, any existing undersized lot which is increased in area or
frontage or both, but still remains undersized shall still be considered an existing lot.
Additionally, any lot which is decreased in area or frontage or both but still satisfies the
minimum lot area or lot frontage requirements shall still be considered an existing lot.
5.8 Waiver of Lot Area and Lot Frontage Requirements:
Notwithstanding anything else in this By-law, a lot approved in accordance with any one of the
following or a combination thereof may be used for any purpose permitted in the zone in which
the lot is located and a Development Permit may be issued provided that all other applicable
provisions in this By-law are satisfied
(1) A lot approved in accordance with Section 6(4) of the Town's Subdivision By-law which
allows the creation of lots that have less than the required frontage or area or both
provided neither is less than ninety (90%) percent of the requirements for frontage and
area as set out in this By-law.
(2) A lot approved in accordance with Section 6(5) of the Town's Subdivision By-law which
allows the alteration of lot boundaries where:
a) no additional lots are created;
b) each lot meets the minimum dimensions for frontage as set out in this By-law, or
has not had its frontage, if any, reduced; and,
c) each lot meets the minimum dimensions for lot area as set out in this By-law, or
has not had its area reduced.
(3) A lot approved in accordance with Section 6(6) of the Town's Subdivision By-law which
allows the subdivision of lands where a development component of a permanent nature
such as a building, structure, well, on-site sewage disposal system or driveway is
encroaching in or upon an immediately adjacent area of land, to the extent necessary
and practical to remove the encroachment.
13
(4) A lot approved in accordance with Section 6(7) of the Town's Subdivision By-law which
allows the subdivision of lands with two (2) or more main buildings where:
a) each resulting lot has a main building on it if required by the Land Use By-law and
if such building contains a building drainage system as defined under the Nova
Scotia Regulations Respecting On-site Disposal Systems of the Department of
Environment, each lot shall be served by its own on-site sewage disposal system,
or if such building is tied to the Town's system, each building shall be serviced with
its own municipal sewer and water connection, or a combination thereof;
b) each resulting lot complies with the minimum lot frontage and area requirements
of the Land Use By-law; and,
c) the common lot line or lines between the resulting lots shall, if possible, comply
with the minimum yard requirements of the Land Use By-law.
5.9 Height and Solar Panel Requirements
(1) Solar panels shall be permitted in all zones and they shall not be considered as part of
the height calculation for the building in which they are attached.
(2) The height requirements of this By-law shall not apply to church spires, solar panels,
water tanks, elevator enclosures, silos, flagpoles, television or radio antennae,
ventilators, skylights, cupolas, chimneys, clock towers, drive-in theatre screens, water
towers or satellite dishes.
5.10 Temporary Uses Permitted
Nothing in this By-law shall prevent the temporary use of a building or structure incidental to a
construction project provided a Development Permit has been issued for the main construction
project and the use is discontinued and removed within thirty (30) days following completion of
the main construction project.
5.11 Special Occasions and Special Sales Occasion
(1) Notwithstanding anything else in this By-law, a temporary building or structure may be
erected or a temporary use of land may be established for a special occasion or holiday
provided no such building, structure or use remains in place for more than fourteen (14)
consecutive days.
(2) Notwithstanding anything else in this By-law, a temporary building or structure may be
erected or a temporary use of land may be established for a special sales occasion in any
commercial zone provided no such building, structure or use remains in place for more
than fourteen (14) consecutive days. A maximum of two (2) special sales occasion per
business premise shall be permitted per lot per calendar year.
14
5.12 Building to be Moved
No building shall be moved without the owner first obtaining a Development Permit to locate
the building.
5.13 Unsightly, Unsafe or Dangerous Condition
Nothing in this By-law shall prevent the application of any Provincial regulation or Town By-law
with respect to unsightly, unsafe or dangerous premises.
5.14 Illumination
No person shall illuminate an area outside of any building or structure unless the illumination is
directed away from any nearby properties located within the residential designation.
5.15 Multiple Uses
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 prevail.
5.16 Automobile, Truck, Bus and Coach Bodies
No automobile, truck, bus, coach body, transport container or similar structure shall be used for
human habitation within the Town, whether or not same is mounted on wheels. However, a
recreational vehicle may be sited on a lot and used for human habitation purposes provided such
use does not exceed thirty (30) days.
5.17 Fences
(1) Except where fencing is required by any other part of this By-law, no fence shall exceed
a maximum height of 3m (9.8 ft.) and where any fence abuts a street, such fence:
a) shall not incorporate or use any barbed wire; and,
b) shall not utilize any gate unless it swings inward so as not to interfere with the
street travel surface.
(2) Except where fencing is required by any part of this By-law, no Development Permit
shall be required for a fence.
5.18 Street Classifications
For the purpose of this By-law, streets within the Town shall be classified as shown on Schedule
"E" - Street Classification Map of this By-law. Any streets not identified on Schedule "E" shall be
deemed to be "Local Streets".
15
5.19 Access From a Lot to a Street - General
The following standards shall apply to any vehicular access or entranceway from a lot to a public
street:
(1) Maximum number of accesses shall be two (2), except in the case where a lot fronts on
more than one (1) street, where two (2) accesses shall be permitted per frontage, to a
total maximum number of four (4) accesses per lot. Notwithstanding, additional
accesses may be permitted to establish with approval from the Town Engineer and
Traffic Authority. Also, lot consolidations approved by subdivision may maintain existing
entranceways provided:
a) no alterations to the existing entranceways are undertaken or are otherwise
altered closer to compliance;
b) all existing entranceways are developed and maintained in conformance with the
standards of this By-law;
c) no more than three (3) entranceways per frontage to a total maximum number of
four (4) accesses per lot are maintained and provided the number of entrances per
frontage shall not exceed one (1) for every 30m (98.4 ft.) of street frontage or
portion thereof; and,
d) all other requirements of this Land Use By-law are satisfied.
(2) Maximum width of any access for two-way traffic shall be 10m (32.8 ft.) and 5m (16.4
ft.) for one-way traffic. The minimum width of any access for two-way traffic shall be
6.1m (20 ft.) and 3.1m (10 ft.) for one-way traffic. The change in use of any existing
development shall be exempt provided the widths of any existing entranceways are not
altered or are otherwise altered closer to compliance;
(3) Minimum separation distance between accesses shall be 12.2m (40 ft.). The change in
use of any existing development shall be exempt provided the location of any existing
entranceways are not altered or are otherwise altered closer to compliance.
Notwithstanding, where the use is a side by side residential dwelling, and there is no
vehicle access of at least a width of 3.05m (10 ft.) to the side yard, the minimum
separation distance between accesses shall be 5.8m (l9 ft);
(4) No access shall be located on a local street within 15.3m (50.2 ft.) of the limits of the
rights-of-way at an intersection. No access shall be located on a collector or arterial
street within 46m (150.9 ft.) of the limits of the rights-of-way at an intersection.
Notwithstanding, if these separation distances can not be met, an entranceway may be
developed along the side lot line farthest from the limits of the rights-of-way at an
intersection provided no other access from a lot to the street is available. The change in
use of any existing development shall be exempt provided the location of any existing
entranceways are not altered or are otherwise altered closer to compliance with the
provisions of this By-law;
16
(5) Notwithstanding Section 5.19(1), lots greater than 8.1 hectares (20 acres) located
within the General Commercial (C-2) Zone which abut three (3) or more streets may
develop a maximum of five (5) entranceways provided none of the entranceways are
located on local streets as designated on the Street Classification Map and provided all
other requirements of this By-law are satisfied;
(6) Notwithstanding Section 5.19(1), properties zoned Commercial Industrial (CI-4) in the
former Forest Street Industrial Park, excluding lands zoned Commercial Industrial (CI-4)
in the Starrs Road, Hardscratch Road and Haley Road area, may develop a maximum of
three (3) accesses along a "collector" or "arterial" classified street with a lot frontage
exceeding 152.4m (500 ft.) in length to a total maximum number of five (5) accesses per
lot where the lot fronts on more than one (1) street provided all other requirements of
this By- law are satisfied.
5.20 Access Management Provisions - Starrs Road and Haley Road
The following standards shall apply to any vehicular access or entranceway from a lot to Starrs
Road and/or Haley Road:
(1) Notwithstanding Section 5.19(1), where there is a development that requires a new
access onto Starrs Road or Haley Road, a maximum of one (1) driveway entranceway
shall be permitted onto Starrs Road or Haley Road provided all other requirements of
this By-law are satisfied. Existing driveway entrances shall be considered as "existing"
rather than "non-conforming" and may be relocated, altered or changed in compliance
or otherwise altered closer to compliance with the provisions of this By-law.
(2) Notwithstanding Section 5.19(1), Section 5.20(1) and Section 5.21(1), in addition to the
one (1) driveway entranceway permitted pursuant to Section 5.20(1), a maximum of one
(1) shared driveway entranceway may be developed per lot or may otherwise develop
a maximum of two (2) shared driveway entranceways with no unshared driveway
entranceway enabled pursuant to Section 5.20(1). Shared driveway entranceways shall
have a minimum width of not less than 6.1m (20 ft.) and a maximum width not in excess
of 13m (42.65ft.) even though said driveway entranceway width transcends a property
boundary line. An application for a shared driveway shall be accompanied with a legal
executed easement enabling both properties to have the rights of usage of said shared
driveway entranceway.
(3) Where there is a development of a new entranceway onto either Starrs Road or Haley
Road such entranceway shall be a minimum of at least 15m (49.2 ft.) away from any
existing driveway entrance along the same side of the street even though said minimum
separation distance transcend property boundary lines provided that at least one (1)
entranceway from the lot to any street is available. Where none is available, this
separation distance may be reduced in such a fashion to provide at least one (1)
entranceway with the maximum separation distance available.
17
(4) The following corner lots, whether subdivided, consolidated or not, but remains a
corner lot shall not have any driveway entrances onto either Starrs Road or Haley Road
as the case may be, provided the lot has at least one (1) driveway entranceway along
another street. The separation distance from the intersection or from another existing
driveway entrance shall be waived provided said entranceway is along the lot line
furthest from the intersection. This provision shall only apply when a new "main"
building is being developed. The alteration of, addition to, renovation to or change in
use to any existing "main" building; the construction of a new "accessory" building or
the alteration of, addition to, or renovation to any existing "accessory" building; or, any
change to the use of land shall be exempted from this requirement provided the existing
driveway entrances are not altered in any fashion or otherwise altered closer to
compliance with the provisions of this By-law. In addition, if any of the following lots are
abutting lands of the Town of Yarmouth located between the lot and the public street
and as of a result are not truly corner lots, they shall be considered corner lots pursuant
to this provision.
PID
Civic Address
Access Condition
90202680
68 Starrs Road
Access onto Starrs
Road prohibited
provided access onto
Pleasant Street is
available.
90219460
70 Starrs Road
Access onto Starrs
Road prohibited
provided access onto
Pleasant Street is
available.
90219015
67 Starrs Road
Access onto Starrs
Road prohibited
provided access onto
Pleasant Street is
available.
90203175
31 Starrs Road
Access onto Starrs
Road prohibited
provided access onto
Brunswick Street is
available.
90203159
27 Starrs Road
Access onto Starrs
Road prohibited
provided access onto
Brunswick Street is
available.
18
90202870
93 Brunswick Street
Access onto Starrs
Road prohibited
provided access onto
Brunswick Street is
available.
90219072
95 Starrs Road
Access onto Starrs
Road prohibited
provided access onto
Charles Crosby Drive
is available.
90219080
103 Starrs Road
Access onto Starrs
Road prohibited
provided access onto
Charles Crosby Drive
is available.
90219445
96 Starrs Road
Access onto Starrs
Road prohibited
provided access onto
Charles Crosby Drive
is available.
90219247
146 Starrs Road
Access onto Starrs
Road prohibited
provided access onto
Hardscratch Road is
available.
90292517
123 Starrs Road
Access onto Starrs
Road prohibited
provided access onto
Haley Road is
available.
90218389
131 Haley Road
Access onto Haley
Road prohibited
provided access onto
Enterprise Street is
available.
90218280
127 Parade Street
Access onto Haley
Road prohibited
provided access onto
Parade Street is
available."
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5.21 Access From a Lot to a Street - Commercial and Industrial Developments
In addition to the general standards outlined in Section 5.19, the following standards shall apply
to any vehicular access or entranceway from a lot to a public street within any Commercial Zone
or within any Industrial Zone:
(1) No access shall be located on a public street within 1.5m (4.9 ft.) of an abutting side lot
line. The change in use of any existing development shall be exempt provided the
location of any existing entranceways are not altered or are otherwise altered closer to
compliance;
(2) Entranceways shall be defined by a curb of concrete, rolled asphalt, open ditch,
vegetation or other means so as to provide a definition between the street and the lot
along the entire length of any lot line abutting a street. The change in use of any existing
development shall be exempt provided the existing entranceways are not altered or are
otherwise altered closer to compliance.
5.22 Access From a Lot to a Street - Site Plan Approval Process for Wider Entranceways
Notwithstanding Section 5.19(2), within the General Commercial (C-2) Zone, the Commercial
Industrial (CI-4) Zone and the General Industrial (M-1) Zone, the Development Officer shall
approve, by way of a site plan approval process, entranceways wider than 10m (32.8 ft.) provided
the following matters have been addressed:
(1) the entranceway shall be located in such a fashion to facilitate the safe and efficient
movement of traffic to and from the site and be located in such a fashion to minimize
potential conflict with pedestrian and vehicle safety;
(2) the entranceway shall have a sufficient width to facilitate the safe and efficient
movement of traffic to and from the site and be designed in such a fashion to minimize
potential conflict with pedestrian and vehicle safety;
(3) the entranceway width shall not exceed 14m (45.9 ft.);
(4) a concrete curb shall be placed along its entire length, incorporating a corridor for
vehicle traffic onto the site for a distance equal to 1/3 of the yard set-back to a maximum
depth of 18.3m (60 ft.) (the length of the concrete curb corridor may exceed this
minimum requirement);
(5) the installation of a buffer strip along both sides of the corridor having a minimum width
of 1.5m (4.9 ft.) adjacent and parallel to the corridor curb. This buffer strip may consist
of a landing having a minimum height of 10 cm. (3.9 inches) or be landscaped with
suitable materials;
(6) signs, structures, hedges, shrubs, bushes, trees or other vegetation shall not be erected
or permitted to grow to a height greater than 1m (3.3 ft.) above grade of the street or
20
entranceway included within the street line and the corridor curb for a distance of 7.6m
(25 ft.) from their point of intersection;
(7) the site plan approval process shall consider the use and function of the property, the
types of vehicles used, the size of the lot, the type and width of the street, the siting of
the building and loading facilities in relation to the street and pedestrian and vehicle
safety;
(8) all items identified on the site plan shall be maintained in a safe and tidy condition.
5.23 Access From a Lot to a Street - Water Street
Notwithstanding Section 5.19(4), no access on Water Street may be located no closer than 7.6m
(25 ft.) of the limits of the rights-of-way at an intersection;
5.24 Set-Backs on Closed or Unopened Streets
For the purpose of determining the set-backs from a closed or unopened street, the set-backs
shall be calculated as if the street was open.
5.25 Parking Requirements
(1) For every building or structure to be erected, occupied or enlarged, or where there is a
change in use to a building or structure in any residential use, one (1) on-site parking
space
shall
be
provided
and
maintained for each dwelling unit located on the same lot as the use having un
obstructed access to a public street. Unless otherwise specific in specific zone
requirements elsewhere in this Land Use Bylaw. This requirement may be waived for
developments proceeding by Development Agreement.
(2) For any new dwelling unit to be created in any zone, one (1) on-site covered and secure
bicycle parking unit with a capacity to contain a minimum of two (2) adult bicycles, may
be placed in the required yard. Units that are integral to the dwelling shall not be
considered part of the dwelling and units that are separate from the dwelling unit will
not be considered a building.
* Clarification Note: Units that are integral to the dwelling shall not be considered part of the
dwelling and may be placed in the required yard.
* Clarification Note 2: the sheltered bicycle parking will not be considered a building.
5.26 Standards for Parking Areas
The following standards shall apply to the development of any required parking area:
(1) The parking area shall be graveled, paved or constructed of an aggregate material clear
of any topsoil so that it creates a stable surface. Notwithstanding, parking areas may use
perforated surfaces, and include measures such as vegetative planting, turf pavers, a
21
mixture of turf and concrete pavers or other "green" parking area development
specifications provided that the parking area is stable and remains suitable for parking
purposes at any time so as not to cause the creation of mud, surface puddles, or cause
any depression, erosion or sedimentation issues that would create a nuisance to the
user of the parking area and shall be clearly defined visually as a usable parking area;
(2) Required parking spaces shall not be obstructed. Each parking space shall have direct
and unobstructed access to a public street and be directly accessible without removing
any other vehicle, item or debris of any kind;
(3) When the parking is of a permanent hard surfacing, each parking space shall be
demarcated and maintained as such;
(4) The lights used for illumination of the parking area shall be so arranged as to divert the
light away from streets, adjacent lots and buildings, and are fully cut-off such that they
do not emit any light above the bottom of the light fixture;
(5) The parking area shall be treated to prevent the raising of dust or loose particles;
(6) Unless otherwise specified, the parking area shall be within 92m (301.8 ft.) of the
location it is intended to serve and be in either a Commercial or Industrial zoned area if
serving a commercial or industrial use; and,
(7) When calculating the number of parking spaces, the number shall be rounded to the
highest whole number. When there are multiple industrial and/or institutional uses
(non-dwelling units) on the same lot that are occupied at different times, the parking
requirements shall be satisfied based upon the uses that exist from time to time during
the day.
5.27 Cash-In-Lieu Cash Equivalent for Parking Spaces
Notwithstanding any other parking requirements in this By-law, a developer may provide cash-
in-lieu of required off street parking for residential parking spaces or a combination of parking
spaces and cash for the balance of the required parking where parking requirements cannot be
met on-site. Cash-in-lieu cannot be used to displace required existing parking although these
spaces can be relocated on the same property. Not-for-profit developers are exempt from this
requirement.
The cash-in-lieu contribution shall be calculated in accordance with the following formula:
Developer's Contribution = (a x 14.8 square meters x b) + (b x 50), where:
a =
Assessed value of land per square metre;
14.8 = The number of square metres in a parking area;
b =
The number of required parking spaces;
50 =
Cost of construction of one (1) parking space.
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5.28 Guidelines for Loading Spaces - General Provisions
Where the provision of a loading space or spaces is required by this By-law, the following
standards shall apply:
(1) The loading space must be located on the same lot as the use and have an unobstructed
access to a public street;
(2) The loading space shall be provided in addition to any required parking spaces;
(3) Each loading space shall be no less than 44.6m2 (480 ft2) and measure at least 3.6m (12
ft.) by 12.2m (40 ft.) with a minimum of 4.3m (14 ft.) in height clearance.
5.28A Offsite Parking and Loading
(1) Automobile parking spaces, bicycle parking spaces, and/or loading spaces for a
permitted use may be located on a separate lot from the main use where:
(a) All parking and/or loading spaces and the main use are located on lots forming
a cohesive development and which lots are:
I.
Contiguous; and
II.
Located in the same zone; and
(b) All lots forming the development are indicated on the same Development
Permit.
(2) The use of land for offsite parking and loading spaces meeting the provisions of
Subsection (1) shall be a permitted use in the applicable land use zone.
5.29 Alterations to the Level of Land
Alterations to the level of land resulting from any excavation or filling activity, for purposes of
the preparation of land for development or in conjunction with any permitted development
which involves the removal or addition of more than 15.3m3 (20yd3) of material from the site
shall require a Development Permit prior to commencement and shall comply with the following:
(1) All excavation and filling activities for which a Development Permit is required shall be
wholly contained within the property affected;
(2) No filling operation for which a Development Permit is required shall utilize domestic
garbage, fish or animal wastes, organic materials or any waste construction material
except for aggregate and materials derived from aggregate such as pavement, brick and
concrete;
(3) No alteration in the level of land resulting from any excavation or filling activities for the
purposes of the preparation of land for development for which a Development Permit
is required shall deliberately cause any water to be shed to an adjacent property;
23
(4) An approved site drainage plan may be required by the Development Officer prior to
the granting of a Development Permit;
(5) Notwithstanding anything else contained in this Part, water may be shed to any existing
drainage ditch, culvert, watercourse, sewer drainage system or storm drainage system
upon approval from the Town Engineer.
5.30 Permitted Encroachments in Yards
Every part of any yard required by this By-law shall be open and unobstructed by any structure
from the ground to the sky, however, those structures listed in the following table shall be
permitted to project for the specified distance into required yards, provided such encroachment
does not encroach closer than 0.3m (1 ft) to any common lot boundary or street right-of-way:
Table of Permitted Encroachments into Required Yards
Structure
Yard in which Projection is
Permitted
Maximum Projection into
Required Yard From Main
Wall Permitted
Sills, Belt Courses, Cornices,
Eaves, Gutters, Chimneys or
Pilasters
Any Required Yard
0.6 meters
(2 feet)
Window and Door Bays
Any Required Yard
0.9 meters
(3 feet)
Open or Roofed Fire Escapes
and Exterior Staircase
Required Side or Rear Yards
1.5 meters
(5 feet
including
eaves and
cornices)
Open or Roofed Veranda,
Balconies or Decks;
Required Front, Rear and
Flanking Yards Only
1.5 meters
including
eaves and
cornices
(5 feet
including
eaves and
cornices)
Open Wheelchair Ramps
Any Required Yard
1.5 meters
(5 feet)
Open Decks, Walkways,
Steps or Terraces not
exceeding 0.3m (1 ft.) in
height from grade and no
Development Permit shall be
required
Any Required Yard
any distance
For greater certainty, the "Required Yard" shall be as specified in each zone. Location of existing
walls (established set-back) shall not be used to determine the maximum projection into yard.
24
5.31 Miscellaneous Structures Less Than Fifteen (15) Square Feet
Notwithstanding anything else in this By-law, no Development Permit shall be required for
miscellaneous structures less than 1.4m2 (15 ft2) in area such as clothes poles, flag poles, garden
trellises, arbors, pergolas, gazebos, fences, playground equipment, monuments, interpretative
displays, satellite dishes less than 1m (3 ft) in diameter, retaining walls, children's play structures,
pet houses, bus shelters, refuse garbage receptacles, green carts, outdoor storage units and
other similar structures. These miscellaneous structures shall be permitted to be located in any
part of any yard except within the corner vision triangle of any corner lot.
5.32 Satellite Dishes With a Diameter Greater Than 1 Metre (3 Feet)
No Development Permit shall be issued for a satellite dish with a diameter greater than 1m (3 ft)
unless it satisfies the following:
(1) Shall not be located closer nor have any portion thereof located closer than 0.6m (2 ft)
to any common lot boundary;
(2) Shall not be located in the front yard; and,
(3) Shall not be located within 4.5m (15 ft) of a flanking yard lot line.
5.33 Permitted Encroachments - Canopies and Awnings
Notwithstanding 5.30, a canopy or awning which is attached to the building shall be a permitted
encroachment provided:
(1) the canopy or awning does not project out more than 1.2m (4 ft) for a stationary
canopy or awning or 1.8m (6 ft) for a retractable canopy or awning from the building
face into the required yard or over the street line;
(2) the canopy or awning is placed on the building a minimum height of 2.4m (8 ft) above
the sidewalk or established grade;
(3) the canopy or awning shall be attached to the building face in a secure manner;
(4) In the case of a canopy or awning extending over a street line or other public area, the
owner shall sign an indemnity in favour of and in form satisfactory to the Town for the
defence and indemnification of any claims arising out of or in relation to the canopy or
awning.
5.34 Adjacent Yard Requirements: Floodplain (O-2) Zone & Environmentally Sensitive (E-S)
Zone
Notwithstanding anything else in this By-law, no Development Permit shall be issued for any
building or structure on lands located adjacent to the Floodplain (O-2) Zone or the
Environmentally Sensitive (E-S) Zone unless the required yard set-back is measured from the
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nearest main wall of any building or structure to the boundary line of the Floodplain (O-2) Zone
or the Environmentally Sensitive (E-S) Zone.
5.35 Elevation Requirements: Floodplain (O-2) Zone
Notwithstanding anything else in this By-law, no Development Permit shall be issued for any
residential building or dwelling on lands located adjacent to the Floodplain (O-2) Zone unless the
bottom floor elevation exceeds 18m (59 feet) above mean sea level.
5.36 Broad Brook Upper Marsh
(1) Schedule "B" of this By-law identifies the Upper Marsh of Broad Brook. No Development
Permit shall be issued for any permitted use on lands located within the marsh lands
identified on Schedule "B" unless the minimum elevation at building grade exceeds
28.96m (95 ft) above mean sea level. In addition, any use including, but not limited to,
accessory uses, outdoor storage or displays and parking lots on lands located within
Upper Marsh as identified on Schedule "B" shall also be established on a grade that
exceeds 28.96m (95 ft) above mean sea level.
(2) Notwithstanding anything contained in this part, a Municipal Development Permit may
be issued for development within "Upper Marsh" which does not conform with the
minimum elevations prescribed above provided that a study by a qualified engineer has
identified such other development standards to ensure that the development will not
be subject to flooding or subsidence.
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5.37 Accessory Uses Permitted
Where this By-law provides that any land may be used or a building or structure may be erected
or used for a purpose, the purpose shall include any accessory use. In determining what
constitutes an accessory use, the definition as outlined in Part 38 of this By-law shall be the
primary consideration, however, any proposed accessory use shall not exceed the total floor area
of a main building or structure to which it is an accessory use. In addition, the following secondary
guidelines may be considered:
(1) that the proposed accessory use should not generate an excess of fifty (50) percent of
the gross revenues generated by the main use; and,
(2) that the proposed accessory use should not directly employ more than fifty (50) percent
of the total number employed by the main use. However, the "main use" employees
may also be employed by the accessory use.
5.38 Seasonal Retail Trade
No Development Permit shall be issued for a seasonal retail trade use unless it conforms to the
following requirements:
(1) That the lot is not situated in a Residential, Floodplain or Environmentally Sensitive
Zone, with the exception of the Medium Density Residential Main Street Zone (R-2M),
pursuant to the Zoning Map, Schedule "A" of this By-law;
(2) That the lot satisfies lot access and egress standards pursuant to this By-law;
(3) That such seasonal retail trade operation shall not exceed a time period of nine (9)
months in any calendar year, whether or not said use is used consecutively, and shall be
removed from the lot for the remainder period of said calendar year;
(4) That such seasonal retail trade operation shall not be located closer than 1.5m (5 ft) to
any common lot boundary or street right-of-way;
(5) That for the purpose of signage, the seasonal retail trade use shall be treated as a main
use and be afforded the same signage as a business premise in keeping with this By-law;
(6) That there is no open storage associated with the seasonal retail trade use and that any
outdoor displays are accessory to the seasonal retail trade use and conforms to the
outdoor display provisions of the zone in which they are located pursuant to this By-law;
and,
(7) That all other provisions of this By-law are satisfied.
5.39 Agricultural Uses Prohibited
The following uses shall be deemed prohibited within the Town of Yarmouth:
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* Storage of Human and Animal Waste;
* Fox and Mink Farms;
* Furs and Skins Ranch Farms;
* Farm Animal Breeding, including Poultry Farms;
* Turkey, Game Bird, Chicken Farms and Chick Hatcheries;
* Cattle, Pig or other Livestock Farms;
* Dairy Farms;
* Poultry and Egg Farms;
* Sheep and Goat Farms
* Horse Farms;
* Slaughter Houses; and,
* Feed Lots.
5.40 Automatic Zoning for Newly Created Land Abutting Yarmouth's Harbour
(1) Notwithstanding anything else in this By-law, those lands above the high water mark
created by infilling activities shall be zoned automatically according to the zone of the
directly abutting land and such zoning shall be intended to extend along the
prolongation of the property's side lot line so that the boundaries of such zones run
perpendicular to the land abutting Yarmouth harbour.
(2) Notwithstanding anything else in this By-law, a Development Permit may be issued for
development situated on lands above the high water mark created by infilling activities
which are automatically zoned pursuant to Policy 10.29 of the Municipal Planning
Strategy, provided all other relevant provisions of this By-law are satisfied.
5.41 Municipal Water & Sewer Services
(1) Notwithstanding anything else in this By-law, pursuant to Infrastructure Policy 6.2 of
the Municipal Planning Strategy, development is not permitted on lots which are not
serviced or are not capable of being serviced by Town sewer and water services except
for those properties located within the Residential Holding (R-H) and Comprehensive
Development (CD) zones pursuant to Residential Policy Policy 4.12.
(2) Pursuant to Infrastructure Policy 9.2 of the Municipal Planning Strategy, all main
buildings except those listed below shall be serviced with Town sewer and water
services, excluding those properties located within the Residential Holding (R-H) and
Comprehensive Development (CD) zones, which enables the use of on-site services
pursuant to Residential Policy 4.12.
The following main buildings shall be exempt from this provision:
* building(s) located on cemeteries;
* places of entertainment, recreation, fitness and assembly uses provided there is
at least one (1) building containing sewer and water services on the same lot;
* fishery and/or marine-related industry uses;
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* exhibition and/or fair uses provided there is at least one (1) building containing
sewer and water services on the same lot;
* Private Parks and Gardens;
* public and/or private marinas;
* public and/or private wharves;
* public parks;
* seasonal Retail Trades;
* Food Trucks; and
* parking lots and/or parking structures.
5.42 No Accessory Building Before Main Building or Main Use
Unless otherwise provided for in this By-law, no accessory building or structure shall be
constructed or placed on a lot prior to the time of construction or placement of the main building
or main use to which it is accessory.
5.43 Outdoor Furnaces
Notwithstanding anything else in this By-law, outdoor furnaces, whether contained within an
accessory building or not, shall be located in the rear yard and maintain a minimum yard set-back
of at least 60m (200 feet) from any common lot boundary. In addition, the chimney of the
outdoor furnace shall be at least 1.8m (6 feet) above the peak of the roof of the structure that
the furnace is intended to heat.
5.44 Restrictions on Open Storage or Outdoor Displays
No open storage or outdoor displays shall be permitted in any zone except for those zones which
explicitly permit open storage or outdoor displays.
5.45 Drive-Thru Standards and Drive-In Standards
Drive-thrus and Drive-ins for any use shall be prohibited unless otherwise explicitly permitted by
this By-law.
Where a zone permits the establishment of a drive-thru, the following standards shall apply:
(1) The drive-thru entrance from a public street and the drive-thru exit onto a public street
shall conform with the driveway access requirements outlined in Part 5 of this By-law;
(2) The approach and driveway for the drive-thru shall be defined by a concrete curb,
asphalt curb or by painted lines from its entrance to the serving area or window;
(3) The approach and driveway for the drive-thru shall be maintained with a stable surface
of asphalt or concrete from its entrance abutting the street to its exit upon a street;
(4) The approach and driveway for the drive-thru shall be designed for one way traffic with
a minimum width of 3.1m (10.2 ft);
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(5) The driveway leading to the serving area or window shall be sufficient to hold six (6)
parking stalls, each having a minimum depth of 6.1m (20 ft).
(6) Notwithstanding the above, Seasonal retail uses and food trucks shall be permitted to
operate a drive-thru, provided:
(a) they are located in a zone where a drive-thru is permitted,
(b) the drive-thru does not include any permanent infrastructure,
(c) the approach has enough space to permit one way traffic (6.1m (20ft)), and
(d) shall operate in such a manner as to limit traffic disruptions.
5.46 Small Accessory Wind Turbine
A maximum of one (1) small accessory wind turbine may be erected per lot in any zone provided:
(1) that the rotors are one (1) metre (3.28 ft) or less in diameter;
(2) that the lot has a minimum lot size of 1,858m2 (20,000 ft2);
(3) that the tower (including any portion thereof) shall not exceed 24.38m (80 ft) in height.
For the sake of clarity, small accessory wind turbines shall not be exempted pursuant to
Part 5.9 of this By-law.
(4) that the tower is located a minimum distance of at least 1.5 times the height of the
tower away from any common lot boundary;
(5) that no portion (base, post, frame, rotors, guy wires, anchors or any other part thereof)
of the small accessory wind turbine is located closer than 15.24m (50 ft) to any common
lot boundary;
(6) that no portion of the small accessory wind turbine is located within the front yard or
flanking yard;
(7) that no commercial signage of any kind shall be attached or otherwise placed on any
part of the small accessory wind turbine, except for the name of the turbine and safety
related information;
(8) that all parts of the small accessory wind turbine shall be maintained and kept in a good
state of repair; and,
(9) that any small accessory wind turbine which has not operated on a functional basis for
a period of six (6) consecutive months shall be deemed abandoned and the property
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owner shall remove the turbine and all parts thereof within thirty (30) days from the
date of abandonment.
5.47 Public and Private Trails, Public and Private Walkways and Public Streets
Pursuant to Implementation Policy 10.37 of the Municipal Planning Strategy, public and private
trails, public and private walkways, and public streets complete with accessory structures such
as, but not limited to, benches, garbage and recycling facilities, lights, washroom facilities,
wayfinding signage, and similar related structures shall be deemed a permitted use in any zone.
The use of any public and private trails; and, public and private walkways shall be limited to non-
motorized equipment unless otherwise explicitly enabled through the approval of the Town's
Traffic Authority.
5.48 Community Markets
Where a zone permits the establishment of a community market, the following standards shall
apply:
(1) shall not be located closer than 3.05m (10ft) to any public street (open or closed);
(2) shall not be located closer than 3.05m (10ft) to any abutting property boundary line;
(3) the driveway entrances shall conform with the requirements of Part 5 of this By-law;
(4) open storage shall be strictly prohibited;
(5) the area of the community market not wholly enclosed within a building (open displays)
shall not exceed twenty five (25%) percent of the total lot area;
(6) community markets not wholly enclosed within a building shall be exempt from any
requirements requiring municipal water and/or sewer services or any on-site water
and/or sewer services;
(7) height of any structure or apparatus of any community market not wholly enclosed
within a building shall be limited to the maximum height of 4.57m (15ft);
(8) notwithstanding Part 6 of this By-law, on-site signage shall be permitted without the
issuance of a Municipal Development Permit provided no sign is located closer than
1.5m (5ft) to any property boundary line. Off-site signage shall be strictly prohibited
unless otherwise permitted pursuant to Part 6 of this By-law; and,
(9) all temporary structures, signage and items associated with the community market not
wholly enclosed within a building shall be removed from the site when the community
market is not operational.
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5.49 Regulating the Removal of Top-Soil
(1) Unless regulated or prohibited by this By-law, no more than 15.3 cubic meters (20 cubic
yards) of top-soil shall be removed from any lot that is not in conjunction with a
permitted development. Such removal shall not require a Municipal Development
Permit.
(2) Unless regulated or prohibited by this By-law, the removal of more than 15.3 cubic
meters (20 cubic yards) of top-soil shall only be permitted if required to accommodate
the construction of a permitted development. If any top-soil is removed from any lot,
the removal shall comply with the following:
a) the removal of any top-soil shall require a Municipal Development Permit and shall
be wholly contained within the property affected;
b) the removal of any top-soil shall not deliberately cause any water to be shed to
any adjacent property. Notwithstanding, water may be shed to any existing
drainage ditch, culvert, watercourse, sewer drainage system or storm drainage
system upon the approval of the Town Engineer; and,
c) the lot shall be reclaimed in-kind by a layer of top-soil a minimum of 10.l6cm (4
inches) in depth and sodded or a layer of top-soil a minimum of 10.16cm (4 inches)
in depth and seeded to support a vegetated landscape in a suitable fashion that is
in keeping with the general appearance of the neighbourhood.
5.50 Live Adult Entertainment Uses by Development Agreement
Notwithstanding anything else in this By-law, pursuant to Implementation Policy 7.39 of the
Municipal Planning Strategy, live adult entertainment uses whether as a main use or as an
accessory use shall be strictly prohibited in all zones except those zones which explicitly
(specifically) enable the establishment of the use by Development Agreement.
5.51 Non-Residential (Home Based Businesses) Located Outside of the Residential Designation
The following non-residential (home based business) uses shall be permitted in any residential
dwelling unit in the Downtown Commercial (C-1) Zone, the General Commercial Main Street (C-
2M) Zone, the Secondary Commercial (C-3) Zone, the Local Commercial (C-4) Zone, the
Waterfront Commercial Industrial (WCI-5) Zone, the Commercial Holding (C-H) Zone and the
Downtown Transition (DTZ) Zone:
(1) Nurseries;
(2) Domestic and Household Arts;
(3) Guest Homes (maximum of six (6) rental bedrooms);
(4) Home Based Offices;
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(5) Mobile-Home Based Businesses;
(6) Home Based Aesthetic Practices; and,
(7) Internet Web Site Development or other digital services such as a video editing, sound
editing, or other similar uses.
5.52 Non-Residential (Home Based Businesses) Located Outside of the Residential Designation:
General Requirements
The following general requirements shall apply to the operation of non-residential (home based
business) uses located outside of the Residential Designation in the Downtown Commercial (C-l)
Zone, the General Commercial Main Street (C-2M) Zone, the Secondary Commercial (C-3) Zone,
the Local Commercial (C-4) Zone, the Waterfront Commercial Industrial (WCI-5) Zone, the
Commercial Holding (C-H) Zone and the Downtown Transition (DTZ) Zone:
(1) A dwelling must be occupied as a residence by the user, only two (2) non-residential
uses per dwelling unit may be established and only two (2) assistants who are not
residents of the dwelling may be employed per non-residential use;
(2) The non-residential (home based business) shall be located inside a residential
dwelling unit and not more than twenty-five (25%) percent of the total gross floor area
of the dwelling unit shall be devoted to the non-residential use(s);
(3) No open storage or outdoor displays associated with the nonresidential (home base
business) use shall be permitted; and,
(4) No mechanical equipment shall be used except that which is reasonably consistent
with the use of the dwelling or for use by a professional person.
5.53 Non-Residential (Home Based Businesses) Located Outside of the Residential Designation:
Special Restriction
Any non-residential (home based business) use that creates objectionable noise, vibration, glare,
fumes, odours, dust, air pollutants, traffic generation, or electrical interference shall be
prohibited.
5.54 Non-Residential (Home Based Businesses) Located Outside of the Residential Designation:
Signage
Non-residential (home based businesses) located outside of the Residential Designation shall be
treated, for the purpose of signage, according to their zone requirements and their signage shall
be regulated accordingly.
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5.55 Uses Permitted by Development Agreement
Municipal Planning Strategy Implementation Policy 10.43 enables convenience stores, personal
service shops, restaurant (eat-in-only, excluding drive-ins and drive-thrus) accessory uses thereto
and any other non-residential uses to encourage adaptive reuse of buildings up to a maximum
combined area of 278.7m2 (3,000ft2) may be considered within any designation by Development
Agreement pursuant to Section 225 of the Municipal Government Act.
5.56 Urban Beekeeping
Notwithstanding anything contained in Section 5.37, Urban Beekeeping may be established in
any zone provided:
(1) That the bee hive is located in the rear yard or is otherwise located on a rooftop of a
building. Notwithstanding, if located on a vacant lot, the beehive shall be located at least
12.2m (40 ft) from any abutting public street boundary line;
(2) That the bee hive is located a minimum of 6.1m (20 ft) from any abutting public street
boundary line if not located on a rooftop of a building;
(3) That the bee hive is located a minimum of 3.05m (10 ft) from any abutting property
boundary line if not located on a rooftop of a building;
(4) That the maximum number of bee hives shall not exceed four (4) per lot;
(5) That a warning sign is placed upon entry to the property or, in the case of being located
on a rooftop, upon entry to the rooftop (such sign shall be exempt from Part 6 of this
By-law);
(6) That a flight path fence, hedge or other suitable enclosure with a minimum height of
1.83m (6 ft) surrounds or otherwise encloses the bee hive from any abutting property
lines. Notwithstanding, if the bee hive is not wholly enclosed, the fence, hedge or other
suitable enclosure shall run parallel to any abutting property line and extend at least
3.05m (10 ft) beyond the hive in both directions (this provision shall not apply where the
hives are located on a rooftop); and,
(7) That an on-site water source is provided within 3.05m (10 ft) of the bee hive.
5.57 Urban Beekeeping Hives not defined as Buildings
Notwithstanding anything else in this By-law, the bee hives associated with an urban beekeeping
use shall not be deemed a building whether as "main" buildings or "accessory" buildings and shall
not be regulated as such.
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5.58 Kennels
(1) Kennels may be established in the following zones: General Commercial (C-2), General
Industrial (M-1), Waterfront Industrial (M-2) and Commercial Industrial (CI-4) provided:
a) Any kennel intended for the keeping of animals must maintain a minimum setback
of 4.5m (15 ft) from any abutting property line;
b) Any animal run or open air enclosure must maintain a minimum setback of 3.05m
(10 ft) from any and all abutting property lines; and
c) Any kennel must maintain a minimum distance of 15m (50 ft.) from any
neighbouring dwelling.
(2) Kennels shall be permitted in the Downtown Commercial (C-1) and Secondary
Commercial (C-3) zones by Development Agreement pursuant to the policies listed in
5.13 and 5.50.
5.59 Site Plan Approvals - General
(1) Pursuant to sections 231 and 232 of the Municipal Government Act and applicable
policies of the Municipal Planning Strategy, where the Land Use Bylaw requirements
provide so, applications for Site-Plan Approval may be submitted for consideration and
approval by the Development Officer subject requirements and evaluation criteria
identified in subsections (3) and (4).
(2) Pursuant to section 232 of the Municipal Government Act and applicable policies of the
Municipal Planning Strategy:
a) Site-Plan Approval applications do not constitute Development Permit approvals;
and
b) a Development Permit application applied for within a Site-Plan Approval area (i.e.,
lands with a duly assessed and approved Site Plan by the Development Officer)
shall be approved by the Development Officer where the Development Permit
application conforms to the approved Site Plan, any applicable Site-Plan Approval
conditions, and otherwise complies with the Land Use Bylaw.
(3) Site Plan Requirements
Unless otherwise permitted by the Development Officer, a Site Plan shall include (as
applicable):
a) physical characteristics of the subject site, including site sizes, dimensions,
elevations, natural drainage, and any existing watercourses, structures and
vegetation;
b) adjacent public streets and rights-of-way;
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c) the location of any proposed or existing easements;
d) proposed site grading consistent with a stormwater management plan required
by section 14.4;
e) the location and design for building and site servicing (water, sanitary sewer
and storm);
f) the location of proposed main buildings including setbacks from existing
(and/or tentative) lot lines;
g) the location and design of proposed access points, streets, and private
driveways including grades;
h) the location and design of sidewalks and walkways;
i) the location and design of proposed parking and loading areas including:
i.
drive isles and parking space dimensions;
ii.
wheel stop locations and curbs; and
iii.
bike parking;
j) the location and design of landscaped areas including:
i.
proposed hard-landscaped areas (sidewalks, walkways, gathering
spaces)
ii.
proposed soft-landscaped areas (open green spaces, gardens,
pathways, raingardens);
iii.
plantings, shrubs and trees (proposed and to be retained);
iv.
fencing, street furniture, and any mechanical equipment; and
v.
retaining walls;
k) the type and location of proposed outdoor lighting; and,
l) the location and design of waste and recycling collection facilities;
(4) Evaluation Criteria for Site Plan Approval
Unless otherwise permitted by the Development Officer, a Site-Plan Approval submission
shall include a written statement, prepared by the applicant, to assess the proposed
development (Site Plan) against the evaluation criteria identified in Policy 10.7 and Chapter
9 (Infrastructure) of the Municipal Planning Strategy (2016), as amended from time to
time.
(5) Site Plan Approval Process
The process for granting Site Plan Approval follows the same process as the Variance
procedure subject to Section 234 of the Municipal Government Act.
(6) Variations through Site Plan Approval
A site plan approval may vary the requirements of this By-law subject to Section 235(1) of
the Municipal Government Act.
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5.60 Reduction of Light Pollution for the Dark Sky
The following exterior lighting requirements apply to new developments and exterior renovations
of Commercial, Industrial, Institutional, or High Density Residential, and projects or infrastructure
owned by the Town on public property:
(1) That outdoor light fixtures are fully cut-off such that they do not emit any light above
the bottom of the light fixture, also known as the horizontal plane, as shown in
Appendix A.
(2) That outdoor light fixtures are arranged on the development site as to divert light away
from streets, adjacent lots, and buildings.
(3) That outdoor light fixtures do not exceed a maximum colour temperature of 3,000
Kelvin.
(4) That outdoor light fixtures be connected to an astronomical timer and / or motion
sensors to either dim or shut off, to prevent unnecessary light transmission during
night-time hours, or when not in use.
(5) That development sites do not exceed a total of 250,000 Lumens for all lighting fixtures
installed on the site.
5.61 Short-term Rentals
(1) A Short-term Rental shall be permitted in all residential, mixed use, and commercial
zones where a dwelling is a permitted use provided that;
a) The primary residence of the short-term rental operator is located on the same lot;
and,
b) Only one Short-term Rental shall be permitted on a lot.
(2) Notwithstanding subsection 5.61.1 (a), a short-term rental where the operator does
not reside on the property may be permitted by Development Agreement subject to
Policy 4.29 of the Municipal Planning Strategy.
(3) Notwithstanding subsection 5.61.1 (b) more than one short-term rental on a lot may
be permitted by Development Agreement subject to Policy 4.29 of the Municipal
Planning Strategy.
5.62 Boarding or Rooming Houses
(1) Boarding or rooming houses with more than three (3) rooms are permitted, subject to
a Development Permit approval, in any zone that allows dwelling units, provided:
a) 0.5 on-site parking spaces for each room can be accommodated on-site; and
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b) parking area is located at the side or rear of the main building where required
by the respective zone.
(2) Unless otherwise provided in subsection (3), where boarding or rooming house has
more than three (3) rooms, the maximum number of rooms per lot shall not exceed
the maximum number of dwelling units per lot permitted by the respective zone.
(3) The maximum number of rooms shall not exceed six (6) per lot when proposed in the
R-1 and R-H Zones.
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Part 6 - Signs
6.1 General
The following general standards shall apply:
(1) Where this Part is inconsistent with the regulations respecting advertising signs on or
near public highways made or administered by the Province of Nova Scotia Department
of Transportation and Infrastructure Renewal, the more restrictive regulations shall
apply;
(2) No person shall erect or enlarge a sign without first obtaining a Development Permit
from the Development Officer except for signs permitted pursuant to Section 6.2 which
shall not require a Development Permit and those signs explicitly stating that no
Development Permit is required in various provisions of this By-law;
(3) No permit to erect or enlarge a sign shall be issued unless all the sign provisions of this
By-law are satisfied;
(4) Any sign, including but not limited to projecting wall signs, canopy signs and temporary
signs, that encroach upon or otherwise are located within a street right-of-way shall not
be issued a Municipal Development Permit unless an indemnity in favour of the Town is
signed by the sign owner. Special event signage and any other signs not requiring a
Municipal Development Permit shall be exempt from this provision;
(5) Signs erected on a Municipal Heritage property or in the Heritage Conservation District
shall require a Certificate of Appropriateness from the Town's Heritage Officer prior to
approval;
(6) All signs and all parts thereof shall be maintained, kept in a good state of repair, and in
like new condition;
(7) Free standing signs advertising a business, product or service that is not available at that
location shall be permitted provided that the business, product or service being
advertised is directly abutting the property or directly abutting through a group of
properties owned by a single property owner and provided the sign meets all the
requirements of the zone. Should a property within the group come under other
ownership, causing an interruption in the group of commonly owned properties, all off-
site signage that doesn't meet this requirement shall be removed; and,
(8) Notwithstanding anything else in this By-law, should a sign be approved by the
Yarmouth Façade Improvement Society, regulations pertaining to the size and material
of a sign shall not apply.
6.2 Signs Permitted in all Zones Not Requiring a Development Permit
The following signs shall be permitted in all zones without a Development Permit:
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(1) Signs of not more than 0.5m2 (5ft2) in area showing civic address and name of resident
or building;
(2) Real estate signs not exceeding 0.5m2 (5ft2) in sign area in a Residential Zone and 1.4m2
(15ft2) in other zones, which advertise the sale, rental, open house or lease of the
premises;
(3) Signs regulating or denoting on-premises traffic or parking, or other signs denoting the
direction, function or features of buildings or parts of a building or premise provided
such signs are less than 0.5m2 (5ft2) in area;
(4) Signs erected by a government authority or under their direction;
(5) Memorial signs or tablets and signs denoting the date of erection of a structure
provided such signs are less than 1.0m2 (10.76ft2);
(6) The flag, pennant or insignia of any government or of any religious, charitable, security
or fraternal organization. In addition, flags which advertise a business on premise shall
be permitted provided the business is not located in any of the zones outlined in the
Downtown Commercial and Residential Sign Provision Tables;
(7) A sign incidental to construction or advertising a construction company and within the
area of such construction;
(8) A sign which displays the words "open" or lists a business's hours of operation;
(9) Product Display Signage not Exceeding 0.5m2 (5.4ft2) in Area;
(10) Automobile service stations poster style signs attached to the pylons supporting the
canopy sheltering at the pump station or on the pump station themselves and not
withstanding anything else in this By-law, one (1) additional ground sign denoting only
the business name and the price of gas/diesel may be erected provided the ground sign
complies with the free standing sign dimensions and conditions of the zone;
(11) One (1) additional free standing sign may be attached to propane tanks and/or natural
gas tanks (one (1) sign per propane/natural gas tank) denoting only the business name
and the price of the propane or natural gas;
(12) Any light pole located on a property may have a light pole free standing sign, in
addition to the free standing signs permitted by other sections of this By-Law;
(13) Cart corral signage;
(14) Private and public wharves and marinas free standing signs or flat fixed wall signs
indicating off-site services and contact information associated with the needs of the
marine transportation industry;
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(15) No more than 25% of the glass area of any window may be covered by posters of
papers affixed directly to the glass, whether inside or out;
(16) Pictures and murals. Murals and similar wall art may include an acknowledgement
recognizing donors or sponsors that contributed to the creation of the wall art
provided the acknowledgment does not exceed 10 per cent of the wall art up to a
maximum of 1 square metre;
(17) Signs located within a wholly enclosed compound, fenced or otherwise, facing
internally which are not visible from outside the enclosure and up to three (3) free
standing signs per fence wall facing externally per business premise provided they meet
the dimensions and conditions of the zone;
(18) Special Sale Occasion Signage provided all signs are removed within fourteen (14)
consecutive days of the end of the sale occasion; and
(19) Temporary off-site signage indicating that a business has moved and their new
location provided all signs are removed within fourteen (14) consecutive days of the
move.
6.3 Signs Prohibited in all Zones
The following signs shall be prohibited in all zones:
(1) Any sign or sign structure which constitutes a hazard or hindrance to public safety or
health;
(2) Any sign that obstructs the vision of drivers, either when leaving a roadway or driveway,
or obstructs or detracts from visibility or effectiveness of any traffic sign or control
device on public streets;
(3) Any sign which obstructs free ingress to or egress from a fire excape door, window or
other required exit way;
(4) Signs not erected by a public authority which make use of words such as "stop", "look",
"one way", "danger", "yield" or any similar words, phrases, symbols, lights or characters
in such manner as to interfere with, mislead or confuse traffic along a street;
(5) Signs that advertise a product, service or business that is not available at that location,
except for signs explicitly enabled by this By-law;
(6) Signs on public property or on public right-of-ways unless:
a) erected by a public authority;
b) erected with the permission of the owner of the property; or
41
c) the sign is a temporary sign in compliance with this By-law;
(7) Signs with more than two faces; and
(8) Roof signs, with the exception of painted signs affixed or painted directly on a roof
which will be regulated as a flat fixed wall sign.
6.4 Signs in Residential Zones
Notwithstanding anything contained in Section 6.2 of this By-law, signage within any residential
zones shall be strictly prohibited except for the following:
(1) Medium Density Residential Zone Main Street (R-2M) Zone Signage according to the
Downtown Commercial - Sign Provision table shall be permitted in the Medium Density
Residential Zone Main Street (R-2M) Zone.
42
43
6.5 Signs in Environmentally Sensitive (E-S), Open Space (O-1) and (O-2) Floodplain Zones:
The following signs shall be permitted within the Environmentally Sensitive (E-S) Zone, Open
Space (O-1) Zone and the Floodplain (O-2) Zone, provided all requirements of this By-law are
satisfied:
44
6.6 Signs in Commercial and Industrial Zones:
The following signs shall be permitted within the General Commercial (C-2), General Commercial
Main Street (C-2M), Commercial Industrial (CI-4), General Industrial (M-1) and Waterfront
Industrial (M-2) zones provided all requirements of the Bylaw are satisfied:
45
(1) Special Signage Requirements: Menu Board Drive-Thru Signs:
In addition to the signs permitted pursuant to this By-law, two (2) menu drive-thru signs
per drive-thru may be erected in the form of either ground signs or facial wall signs without
the issuance of a Municipal Development Permit provided the signs:
a) Notwithstanding Section 6.3(7) may have multiple sign faces with a maximum sign
area of 6m2 (64.6ft2) (single face).
b) shall not have any portion of the sign (base, post, frame or face) located closer
than 1.5m (5ft) to any public street right-of-way or common lot boundary;
c) shall not have any portion (base, post, frame or face) of the sign exceeding 4.6m
(15 ft) in height from grade level to the highest part of the sign; and,
d) in the case of a facial wall sign, the sign shall not extend above the top of the wall
or beyond the extremities of the wall upon which it is attached nor project out
further than 0.3m (1ft) from the supporting wall.
6.7 Special Occasion Event Signage Requirements:
Notwithstanding anything else in this By-law, on-site or off-site special occasion event signage
which may include the name(s) or logo(s) of the special occasion event sponsor(s) may be erected
by registered not for profit societies or organizations without the issuance of a Municipal
Development Permit in the form of any type of signage (those permitted as well as those not
permitted by this By-law) provided:
(1) Council's permission is obtained if the signage is erected within any street right-of-way
with the exception of a maximum of one (1) banner sign per special occasion event
stretching over a public street right-of-way or along any public street right-of-way with
approval from the Town's Traffic Authority;
(2) Council's permission is obtained if the signage is erected within any street right-of-way
with the exception of banner signs attached to ornamental street light poles located
within the Central Business District Designation with approval from the Town's Traffic
Authority;
(3) that the sponsorship signage shall not include any other message or convey any other
information other than the business's name or logo, organization's name or logo and/or
person's name;
(4) the sponsorship signage may be on the same sign as the special occasion event signage
or otherwise be on a separate sign but be adjacent to the special occasion event signage
in such a fashion as to be clearly part of the overall promotion of the special occasion
event; and,
(5) that the special occasion event signage and any associated sponsorship signage shall
not be erected for a period of time exceeding sixty (60) days per special occasion event
46
and shall be immediately removed upon the completion of the special occasion event.
Notwithstanding, Council's approval may be obtained for a special event signage and
any associated sponsorship signage for period of time exceeding sixty (60) days.
6.8 Signs in Institutional (I-1) & Health Campus (HC) Zone
The following signs shall be permitted within the Institutional (I-1) and Health Campus (HC),
provided all requirements of this By-law are satisfied:
47
48
6.9 Signs in the Downtown Commercial (C-1), Waterfront Commercial Industrial (WCI-5),
Waterfront Comprehensive Development (WCD), Downtown Transition (DTZ), Secondary
Commercial (C-3), and Medium Density Residential Main Street (R-2M) zones.
The following signs shall be permitted in the Downtown Commercial (C-1), Waterfront
Commercial Industrial (WCI-5), Waterfront Comprehensive Development (WCD), Downtown
Transition (DTZ), Secondary Commercial (C-3), and Medium Density Residential Main Street (R-
2M) zones provided all requirements of this By-law are satisfied:
49
50
6.10 Off-site Window Display Signage in Downtown Commercial (C-1) Zone
Notwithstanding Sections 6.2 and 6.3 of this By-law, off-site window display signs may include
advertising of the sign manufacturer and/or photo/image designer, whom may be located
outside of the Downtown Commercial (C-I) Zone, the Downtown Transition Zone (DTZ) or the
Waterfront Commercial Industrial (WCI-5) Zone, provided the maximum sign area of the signage
manufacturer and/or photo/image designer does not exceed a sign area of 0.2m2 (2.l5 ft2) per
off-site window display sign.
(1) the off-site window display signs are located internally and not externally or are
otherwise affixed to the glass portion of the window;
(2) the off-site window display signs advertise a use that is lawfully existing within the
Downtown Commercial (C-l) Zone, the Downtown Transition Zone (DTZ) or the
Waterfront Commercial Industrial (WCI-5) Zone;
(3) the off-site window display signs are located in a vacant storefront window at street
level (first floor); and,
(4) a Municipal Development Permit is issued for the erection of the off-site window display
signs.
6.11 Election Signs
(1) For the purposes of this Section, the candidate to whom an election sign relates or a private
property owner of which an election sign was placed shall be deemed to have placed the
election sign.
(2) Election signs shall not be placed, and is thereby prohibited to be placed, on any public
property within the limits of the Town.
(3) Election signs shall be permitted to be placed on private property and/or residences within
the limits of the Town. A resident shall also be permitted to display a preference for a
candidate or candidates from within their residence.
(4) Election signs placed on privately-owned property and/or a person's residence shall be
placed in a manner that does not impede traffic or driver and pedestrian visibility.
(5) Election signs shall not remain in place for more than fourteen (14) days following an
election for which the sign was erected.
(6) Every person who contravenes the provisions of section 6.11 (2), 6.11 (4), and 6.11 (5) of
this By-law is guilty of an offence and upon conviction is liable to a fine of not more than
One Thousand Dollars ($1,000) for a first offence and not more than Two Thousand, Five
Hundred Dollars ($2,500) for any subsequent offence.
6.12 Sponsorship Recognition Signs
51
(1) Unless otherwise specified in subsection (2), a Sponsorship Recognition Sign may be
permitted without the issuance of a Development Permit where the sign is located in
the following zones:
a) Environmentally Sensitive (ES) Zone;
b) Floodplain (O-2) Zone;
c) Health Campus (HC) Zone;
d) Institutional (I-1) Zone; and
e) Open Space (O-1) Zone; or
f) on lands developed with or used for any of the following, and other similar, facilities
developed, owned, or operated by a government authority, registered not for profit
society or organization, or under their direction:
i. arenas;
ii. entertainment centres;
iii. hospitals;
iv. housing complexes;
v. fieldhouses;
vi. outdoor recreation facilities including courts and fields;
vii. outdoor stormwater facilities;
viii. commemoration, heritage, and cultural buildings and landmarks;
ix. stadiums;
x. schools;
xi. parks and trails; or
xii. performance art centres.
(2) A Sponsorship Recognition Sign may be permitted on a private property without the
issuance of a Development Permit where the sign is erected in conjunction with:
a) a privately-owned Municipally Designated Heritage Property, or a property located
within the Architecturally Sensitive (A-S) Area, provided the sign does not exceed
the size of the Municipal Heritage Designation plague; and
52
b) any privately-owned and operated, permitted and approved outdoor Recreational
Use as defined by the Land Use By-law, provided the sign does not advertise
gambling, alcohol, drugs or tobacco related companies, logos, and trademarks.
(3) A Sponsorship Recognition Sign:
a) may only be erected on or at the facility or development that was sponsored by the
individual(s) or company(s) recognized on the sponsorship recognition sign;
b) may be back lit or otherwise illuminated provided all other Land Use By-law
requirements pertaining to Reduction of Light Pollution for the Dark Sky can be met;
c) may be located within the required yard setback areas;
d) shall not obstruct gates, trails, or access points;
e) is not permitted to exceed a height of 0.6 metres (2 ft) above the grade of the street
within the corner vison triangle as defined by the Land Use By-law;
f) shall not include paper, cardboard, foam core, thin and flexible polyethylene resins,
and other similar materials easily susceptible to weather elements; and
shall be properly anchored and maintained in a safe and clean condition.
53
Part 7 - General Provisions for All Residential Zones
7.1 Residential Zones Permitted Uses
The table below lists the uses permitted in all Residential zones. For conditions associated with
the uses, see the specific section referencing that zone. The table below is for convenience; if
there is a discrepancy between the table below and the zone, the zone description shall prevail.
Residential
R-1
R-2
R-2M
R-3
MR
CD
R-H
Agricultural Uses (with conditions)
-
-
Art Galleries
-
-
Art Studios
-
-
Arts or Community Centres
-
-
Churches
-
Dwelling, Single-Detached
-
-
-
-
-
-
-
Dwelling, Two Unit
-
-
-
-
-
-
-
Dwelling, Semi-Detached
-
-
-
-
-
-
-
Dwelling, Multi-Unit (up to 6 units)
-
-
-
-
-
Dwelling, Multi-Unit (up to 8 units)
-
Dwelling, Townhouse (up to 8 units)
-
Dwelling, Existing Multi-Unit (above 6 units)
-
See
Zone
Dwelling, Mobile Home (up to 2 units)
-
Dwelling, Mini-Home (up to 2 units)
-
Guest Homes (max. of 6 bedrooms)
-
-
-
-
See
Zone
-
-
Inn (max. 8 bedrooms or suites)
-
Institutional Uses
-
Laundromat
-
Maintenance Equipment Storage
-
Mobile Home Park Offices
-
Non-Residential Uses (See Section 7.9)
-
-
-
-
-
-
-
Parking Lots (with conditions)
-
-
-
-
-
-
Private Parks and Gardens
-
-
-
-
-
-
Public Parks
-
-
-
-
-
-
-
Residential Care Facilities
-
-
-
-
-
-
-
Recreational Uses, Parks, and Playgrounds
See
Zone
Restaurants excluding drive-in, drive-thru (max.
floor area 279 m2)
-
Shop, Antiques
-
Shop, Personal Service
-
Shop, Retail (max. floor area 279 m2)
-
Short-term Rental (See Section 5.61)
-
-
-
-
-
-
-
7.2 Accessory Buildings - Lots Less Than Ten Thousand (10,000 ft2) Square Feet
(1) A maximum of two (2) accessory buildings may be erected or placed on a residential
zoned lot with an area less than 929 m2 (10,000 ft2) in area provided:
a) each building shall not be located in the front yard, except under the following
conditions:
i.
Less than fifty percent (50%) of the accessory building is within the front
54
yard;
ii.
there is only one accessory building that extends into the front yard that shall
not exceed 20 m2 (215 ft2); and,
iii.
the side and rear yards of the lot are not adequately sized for accessory
buildings, or easily accessible.
b) each building shall not be located closer than 4.6m (15 ft) to any public street (open
or closed) except where the main building is located closer than 4.6m (15ft) to any
public street. In this event the accessory building may be placed so that it aligns with
the main building;
c) each building shall not be located closer than 0.6m (2 ft) to any side yard lot line;
d) each building shall not be located closer than 0.6m (2 ft) to any rear yard lot line;
e) each building shall not exceed 4.6m (15 ft) in height;
f) they shall not exceed a total combined floor area of more than 139.4 m2 (1500 ft2) or
twenty (20%) percent of the lot area, whichever is the lesser;
g) each building shall not be built within 1.2m (4 ft) of any main building or any accessory
building; and,
h) each building shall not have any building elevation more than twice the length of its
shortest building elevation.
(2) Notwithstanding the definitions in Section 37, for the purposes of this section an
adjacent lot in the same ownership may be used for the erection of an accessory building
in the same manner as if the property or properties were one (1) property. If the
ownership of either property changes then the accessory building shall be removed
within one (1) year of the change in ownership unless a permitted use is constructed on
the property containing the accessory use.
* Clarity Note: secondary homes, rental units or guest suites shall be considered dwelling units
and may not exceed the permitted number of units for the Residential Zone.
7.3 Accessory Buildings - Lots With Ten Thousand (10,000 sq. ft.) or More Square Feet
(1) A maximum of two (2) accessory buildings may be erected or placed on a residential
zoned lot with an area of 929 m2 (10,000 sq. ft.) or more in area provided:
a) each building shall not be located in the front yard, except under the following
conditions:
55
i.
Less than fifty percent (50%) of the accessory building extends into the front
yard;
ii.
there is only one accessory building that extends into the front yard that shall
not exceed 20 m2 (215 ft2); and,
iii.
the side and rear yards of the lot are not adequately sized for accessory
buildings, or easily accessible.
b) each building shall not be located closer than 4.6m (15 ft) to any public street (open
or closed) except where the main building is located closer than 4.6m (15ft) to any
public street. In this event the accessory building may be placed so that it aligns with
the main building;
c) each building shall not be located closer than 0.6m (2 ft) to any side yard lot line;
d) each building shall not be located closer than 0.6m (2 ft) to any rear yard lot line;
e) each building shall not exceed 4.6m (15 ft) in height;
f) they shall not exceed a total combined floor area of more than 185.8 m2 (2,000 ft2);
g) each building shall not be built within 1.2m (4 ft) of any main building or any accessory
building; and,
h) each building shall not have any building elevation more than twice the length of its
shortest building elevation.
(2) Notwithstanding the definitions in Section 37, for the purposes of this section an
adjacent lot in the same ownership may be used for the erection of an accessory
building in the same manner as if the property or properties were one (1) property.
If the ownership of either property changes then the accessory building shall be
removed within one (1) year of the change in ownership unless a permitted use is
constructed on the property containing the accessory use.
(3) (A) Not withstanding 7.2, for group dwellings, up to one (1) accessory building
may be erected or placed on a Residential zoned lot for each main building plus one
(1) additional accessory maintenance building for the lot provided all other
requirements except as noted in 4 b), following, are met;
(3) (B) Not withstanding 7.2 (1) f), for group dwellings, each accessory building
related to a main building shall not exceed 69.7 m2 (750 ft2) in area and the
accessory maintenance building for the lot shall not exceed 116.1 m2 (1,250 ft2) in
area.
* Clarity Note: secondary homes, rental units or guest suites shall be considered dwelling units
and may not exceed the permitted number of units for the Residential Zone.
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7.3A - Accessory Dwellings
Notwithstanding Section 7.2 and Section 7.3 and in addition to the accessory buildings permitted
by those sections, an accessory dwelling unit shall be permitted accessory to any dwelling use in
a Residential zone, subject to the following:
(a)
only one accessory dwelling unit shall be permitted on a lot;
(b)
the accessory dwelling unit shall not count towards the number of dwellings
permitted on the lot as regulated by this Land Use By-law, but shall count for all other
purposes such as, but not limited to, inspections and servicing;
(c)
the maximum gross floor area of the accessory dwelling unit shall not exceed the size
requirements for secondary suites as prescribed by the applicable Building Code;
(d)
if the accessory dwelling unit is combined with another accessory use, such as a
detached garage, only floor area dedicated to the exclusive use of the accessory
dwelling unit shall be counted for the purposes of clause (c); and
(e)
if the accessory dwelling unit is located in a separate building from the main dwelling:
i.
servicing for the accessory dwelling shall be subject to approval by the Town
Engineer;
ii.
the building shall not exceed a height of 4.6 metres (15 feet) unless the
accessory dwelling unit is located above a garage, in which case the total
height of the building shall not exceed 7.6 metres (25 feet);
iii.
the building containing the accessory dwelling unit shall be separated from
the main dwelling by a minimum of 3.0 metres (9.9 feet);
iv.
the building containing the accessory dwelling unit shall be located in the
rear or side yard; and
v.
the building containing the accessory dwelling unit shall be set back a
minimum of 1.2 metres (4 feet) from all lot lines.
7.4 Visibility at Street Intersections - Corner Vision Triangle
On a corner lot in a Residential Zone, a fence, sign, hedge, shrub, bush, tree, or any structure or
vegetation shall not be erected or permitted to grow to a height greater than 1.2m (4 ft) above
the grade of streets which abut the lot within the triangular area included within both road lines
for a distance of 3.05m (10 ft) from their point of intersection.
7.5 Uses Permitted by Development Agreement
57
Unless otherwise specified in section 7.7, Municipal Planning Strategy Residential Policy 4.16
provides that the following uses may be considered for development in the residential
designation by Development Agreement:
(1) New multiple unit buildings (townhouses, group dwellings) containing more than eight
(8) units per lot, or expansions that would create more than eight (8) units, provided
they are not located within the Architecturally Sensitive (A-S) area .
(2) Boarding or rooming houses with more than three (3) rental rooms where:
a) the proposed number of rooms exceeds the maximum number of dwelling units
per lot permitted by the respective zone; and
b) the proposed number of rooms exceeds six (6) per lot where proposed in the R-1
and R-H zones.
(3) Nursing homes, group homes and adult day centres;
(4) Group dwellings for Medium Density (R-2) uses provided the zone requirements as
specified in the Land Use By-law for the R-2 Zone are satisfied, provided they are not
located within the Architecturally Sensitive (A-S) area and provided the development is
located on a collector or arterial classified street;
(5) Hostel developments within the residential designation subject to the following
performance standards:
a) maximum number of bedrooms used for hostel purposes shall be five (5);
b) maximum number of beds used for hostel purposes shall be twelve (12). For the
purpose of this Part, beds shall be counted as single beds and each level of bunk
or stacked bed shall be counted as individual beds;
c) minimum lot area for a hostel use shall be 10,000 square feet;
d) dwelling must be occupied as a residence by the operator of the hostel;
e) no open storage or outdoor display other than that which is consistent with a
residential dwelling shall be permitted;
f) no additions or exterior alterations to the hostel shall be undertaken except for
modifications necessary to meet fire safety standards;
g) that the lot or parcel of land intended to be used as a hostel abuts either a collector
or an arterial classified street.
(6) New multiple unit dwellings, or expansions to existing buildings, that would create eight
(8) units or less, provided they are not located within the Architecturally Sensitive (A-S)
area, may be approved by Development Agreement.
(7) Community-based transitional housing and supportive housing projects that are not
otherwise permitted in the applicable zone.
7.6 Zone Change Concurrent with Development Agreement
58
Where any project which is approved by Development Agreement results in a non-conforming
use for a property Council may, in order to make the project conforming, rezone the property
concurrent with the approval of the Development Agreement.
7.7 Residential Uses Permitted by Site Plan Approval
Notwithstanding section 7.5, Municipal Planning Strategy Residential Policy 4.15 provides that
the following may be considered for development by Site Plan approval where physical changes
to the site are proposed or required. Where no physical changes are proposed, a Development
Permit can be issued where the use complies with requirements identified in subsections (1) and
(2):
(1) Residential and large mixed-use developments as outlined in the respective residential
zones;
(2) Boarding or rooming houses with more than three (3) rental rooms where physical
changes to the site are also proposed and where:
a) the proposed number of rooms exceeds the maximum number of dwelling units
permitted by the respective zone; or
b) the proposed number of rooms exceeds six (6) when proposed in the R-1 and R-
H zones; and
c) provided 0.5 on-site parking space for each room can be provided at the side or
rear of the main building where required by the respective zone.
(3) Medium density group dwellings, provided they are not located within the
Architecturally Sensitive (A-S) area.
7.8 Uses Permitted by Development Agreement for Registered Heritage Properties
Municipal Planning Strategy Residential Policy 4.21 provides that the following may be
considered for development in the residential designation for registered heritage properties by
Development Agreement:
(1) Coffee and Tea Shops;
(2) Antique Shops;
(3) Art Galleries;
(4) Inns immediately abutting the Central Business District; and
(5) Doctor's offices and medical clinics.
7.9 Non-Residential Uses Permitted:
The following non-residential uses shall be permitted within any Residential zones:
(1) Nurseries;
59
(2) Domestic and Household Arts;
(3) Guest Homes (maximum of six (6) rental bedrooms);
(4) Home Based Offices;
(5) Mobile Home Based Businesses;
(6) Lobster Trap Storage Facilities;
(7) Home Based Aesthetic Practices; and,
(8) Internet, Web Site Development or other digital services such as a video editing, sound
editing, or other similar uses.
7.10 Non-Residential Uses: General Requirements
The following general requirements shall apply to the operation of non-residential uses within all
Residential zones:
(1) A dwelling must be occupied as a residence by the user, only two (2) non-residential
uses per dwelling unit may be established and only two (2) workers who are not
residents of the dwelling may be employed per non-residential use;
(2) Excluding guest homes, not more than twenty-five (25) percent of the total floor area
of the dwelling shall be devoted to the non-residential use, or in the case of an accessory
building, not more than 37.2 m2 (400 ft2) of the accessory building or a combination
thereof;
a) Notwithstanding Part 7.8(2), the establishment of Home Based Aesthetic Practices
as a non-residential use shall be limited to a maximum gross floor area of 37.2 m2
(400 ft2) of the dwelling, or in the case of an accessory building, not more than
37.2m2 (400 ft2) of the accessory building.
(3) No open storage or outdoor displays shall be permitted except for lobster trap storage
facilities provided:
a) The open storage shall be wholly enclosed within a 1.8 m (6 ft) high opaque fence;
b) The height of the open storage shall not exceed the height elevation of the opaque
fence;
c) The opaque fence enclosing the open storage shall not be located in the required
front yard of the lot;
60
d) The opaque fence enclosing the open storage shall not be located in the required
flanking yard of a corner lot;
e) The opaque fence enclosing the open storage shall not be permitted within 0.6 m
(2 ft) of any common lot boundary;
f) The area devoted to open storage shall not exceed fifty (50%) percent of the total
lot area; and,
g) The open storage shall be clean and void of any animal matter, bait and any other
similar items.
(4) No mechanical equipment shall be used except that which is reasonably consistent with
the use of the dwelling or for use by a professional person; and,
(5) No alterations shall be made which would change the residential appearance of the
dwelling.
7.11 Non-Residential Uses: Special Restriction
Any non-residential use that creates objectionable noise, vibration, glare, fumes, odours, dust,
air pollutants, traffic generation, or electrical interference shall be prohibited.
7.12 Parking of Commercial Motor Vehicles
(1) No motor vehicle used for commercial purposes such as ambulances, hearses, motor
buses, tractors, trailers (except enclosed cargo trailers as referenced in 4 (c) below),
tractor/trailer combined, transport trucks, dumptrucks, backhoes, front end loaders,
construction vehicles, and other similar vehicles, whether or not same contains
commercial licenses or signage, shall be parked or kept on any residentially zoned lot
or along any residentially zoned street.
(2) No commercial vans exceeding a gross vehicle weight of 6,804 kgs (15,000 lbs),
whether or not same contains commercial licenses or signage, shall be parked or kept
on any residentially zoned lot.
(3) No commercial vans exceeding a gross vehicle weight of 5,443.2 kgs (12,000 lbs),
whether or not same contains commercial licenses or signage, shall be parked or kept
on any residentially zoned street.
(4) Commercial vans parked or kept on a residentially zoned property shall comply with
the following:
a) a maximum of two (2) commercial vans not exceeding a gross vehicle weight of
5,443.2 kgs (12,000 lbs) each may be parked on a residentially zoned property;
or,
61
b) a maximum of one (1) commercial van having a gross vehicle weight greater
than 5,443.2 kgs (12,000 lbs) but less than 6,804 kgs (15,000 lbs) in addition to
a maximum of one (1) commercial van not exceeding a gross vehicle weight of
5,443.2 kgs (12,000 lbs) may be parked on a residentially zoned property; or,
c) a maximum of one commercial van of either weight as noted in (b), above and
(1) enclosed cargo trailer with an internal storage area not exceeding 14.0 m3
(495 ft3) may be parked on a residentially zoned property provided they are
not parked or kept in the front yard of the lot as defined in this By-law. In
addition, said vehicles shall not be parked or kept on any vacant undeveloped
residentially zoned lot.
(5) Notwithstanding Subsections (2) and (4) above, commercial vans exceeding a gross
vehicle weight of 6,804 kgs (15,000 lbs), may be parked or kept on a residentially
zoned lot by Development Agreement.
7.13 Minimum Main Building Width - Architectural Design Features
Except for Mobile Homes and Tiny Homes in the R-M and C-D zones, no main building located
within all residential zones shall have a width between any two (2) main walls of less than 6.1 m
(20 ft) For the purpose of this Section, a main wall is any exterior wall of the building running a
linear distance of fifty (50%) percent or more of the overall length or width of the building.
7.14 Transportation Vehicles and/or Shipping Containers Use Prohibited
(1) No automobile, recreational trailer, camper, truck, bus, coach body, truck body,
mobile classroom, mobile storage compartment, tractor, trailer, or tractor trailer
combined, including any plane, train, boat, construction vehicle, shipping container,
transport vehicle, transport container, cargo container or any other similar type of
cargo structure or cargo enclosure shall be used as a main or accessory building in
any Residential Zone, whether or not same is mounted on wheels or on a foundation.
(2) Notwithstanding Section 7.13(1), a recreational trailer may be sited on a lot and used
for human habitation purposes provided the use does not exceed thirty (30) days in
any calendar year.
7.15
Conformity with Existing Yards
(1) The Development Officer may approve a front or flanking yard setback less than the
minimum front or flanking yard setback required in a residential zone if:
a) the proposed setback is not less than the smallest front or flanking setback of
any main building within 60.0 metres (196 feet) on the same street and within
the same zone as the proposed building; and
b) the proposed setback is not less than 1.5 metres (5.0 feet).
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Part 8 - Architecturally Sensitive (A-S) Area
8.1 (A-S) Uses Permitted
The uses permitted throughout the Architecturally Sensitive (A-S) area as shown on the
Architecturally Sensitive Areas Map (Schedule "D"), shall be as described in each particular zone
as shown on the Zoning Map (Schedule "A") of this By-law.
8.2 Requirement for a Certificate of Appropriateness
Notwithstanding anything else in this By-law, no Development Permit shall be issued for any
development located within the Architecturally Sensitive (A-S) area unless a Certificate of
Appropriateness has been issued or the development is otherwise exempt from the
requirements of obtaining a Certificate of Appropriateness pursuant to the Collins Heritage
Conservation District Plan and By-law.
8.3 Architecturally Sensitive (A-S) Area Requirements
Notwithstanding anything else in this By-law, no Development Permit shall be issued in the
Architecturally Sensitive (A-S) area except in conformity with the following:
Minimum Lot Area
929.5 m2 (10,000 ft2)
Minimum Lot Frontage
30.5 m (100 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
3.0 m (10 ft)
Minimum Flanking Yard
4.6 m (15 ft)
Maximum Height of Main Building
10.7 m (35 ft)
8.4 Conformity with Existing Set-backs
Notwithstanding anything else in this By-law, the front yard and flanking yard set-backs of any
new building or structure shall not vary by more than ten (10%) percent from the average of
those buildings or structures fronting along the same street or shall otherwise conform with the
requirements of the Collins Heritage Conservation District By-law.
8.5 One Main Building Per Lot
(1) Notwithstanding anything else in this By-law, no person shall erect more than one (1)
main building on a lot in the Architecturally Sensitive (A-S) area.
(2) Notwithstanding the above, lots located within the Architecturally Sensitive (A-S) area
and zoned Institutional (I-1) or zoned Downtown Transition (DTZ) may develop more
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than one (1) main building per lot provided all other applicable provisions of this By-law
are satisfied.
8.6 Signage Requirements
No Development Permit for any type of sign shall be issued unless such sign conforms to the
requirements of the Collins Heritage Conservation District By-law.
8.7 Fencing Requirements
No Development Permit for any type of fence shall be issued unless such fence conforms to the
requirements of the Collins Heritage Conservation By-law.
8.8 Accessory Buildings and Structures
No Development Permit for any type of accessory building or structure shall be issued unless
such accessory building or structure conforms to the requirements of the Collins Heritage
Conservation District By-law.
8.9 Zoning Requirements
Any development requirement not specifically identified in this Part or in the Collins Heritage
Conservation District By-law shall be regulated pursuant to the zone requirements of the
particular zone in which the development is located.
8.10 Compliance With Other By-laws
Where provisions of this By-law conflicts with any other Municipal and/or Provincial
requirements, in particular, the Collins Heritage Conservation District By-law, the higher or more
stringent regulations shall prevail.
8.11 Parking Prohibited in Front Yard
In conjunction with a development, no Development Permit shall be issued for any parking space
located within either the front or flanking yard in the Architecturally Sensitive (A-S) area. Bicycle
parking is permitted in the front or flanking yard.
8.12 Maximum Lot Coverage
In conjunction with a development, building footprint area shall not exceed fifty (50%) percent
of the total lot area in the Architecturally Sensitive (A-S) area.
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8.13 Prohibiting Lobster Trap Storage Facilities as a Permitted Non-Residential Use
Notwithstanding Section 7.7, no Development Permit shall be issued for a lobster trap storage
facility as a non-residential use in the Residential Designation located within the Architecturally
Sensitive (A-S) area.
8.14 Landscaping - Vegetation Retention
In conjunction with a development, areas of the lot not comprised of building, parking areas,
loading areas, driveways or walkways shall be landscaped and a minimum of twenty five (25%)
percent of the lot area shall be landscaped in the Architecturally Sensitive (A-S) area.
8.15 Screening of Refuse and Recycling Containers
In conjunction with a development, refuse, compost and recycling containers may only be
located in the side or rear yard and shall be screened by lattice or other wooden screening so
that it is not visible from the street in the Architecturally Sensitive (A-S) area.
8.16 Removal of Topsoil Prohibited
(1) Whether in conjunction with a development or not, a Municipal Development Permit
shall be required in order to remove any topsoil from the front or flanking yards of any
lot located in the Architecturally Sensitive (A-S) area.
(2) Whether in conjunction with a development or not, topsoil and other vegetation matter
shall not be removed from the front or flanking yards in the Architecturally Sensitive (A-
S) area except for the purpose of gardening, walkways with a maximum width of 1 m (3
ft), driveways with a maximum width of 3.6 m (12 ft), permitted buildings or structures
and at-grade patios provided the minimum required front yard and minimum required
flanking yard remains in a vegetated state. Notwithstanding, a walkway leading from a
street or driveway to an entrance staircase may have a maximum width equal to the
entrance staircase width.
8.17 Restriction on Number of Driveways
In conjunction with a development, no Development Permit shall be issued for more than one
(1) driveway per lot within the Architecturally Sensitive (A-S) area.
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Part 9 - Low Density Residential (R-1) Zone
9.1 R-1 Zone Permitted Uses
(1) A maximum of one of the following uses shall be permitted in the Low Density
Residential (R-1) Zone:
* Single Detached Dwellings;
* Two (2) unit Dwellings;
* Semi-detached Dwellings characterized by not more than one shared property line
with a maximum of one (1) unit per lot;
(2) Parking lots within 100 m (328 ft) of the location it is intended to serve (excluding
parking lot structures), private parks and gardens, public parks, and residential care
facilities shall be permitted in the Low Density Residential (R-1) Zone as stand alone, in
combination with each other or in combination with any use outlined above pursuant
to Section 9.1 (1).
9.2 Zone Requirements
In a Low Density Residential (R-1) Zone, no Development Permit shall be issued except in
conformity with the following:
Single Detached and two
(2) unit Dwellings
Semi-Detached Dwelling
Minimum lot area
232 m2 (2,500 ft2)
232 m2 (2,500 ft2) for one (1)
dwelling unit per lot
Minimum lot frontage
10.0 m (33 ft)
10.0 m (33 ft)
Minimum front yard
3.0 m (10 ft)
3.0 m (10 ft)
Minimum flanking yard
3.0 m (10 ft)
3.0 m (10 ft)
Minimum rear yard
6.1 m (20 ft)
6.1 m (20 ft)
Minimum side yard:
1.2 m (4 ft)
1.2 m (4 ft) on exterior yard only
Maximum Height of Main
Building
10.67 m (35 ft)
10.67 m (35 ft)
9.3 One Main Building: R-1 Zones
No person shall erect more than one (1) main building on a lot in the Low Density Residential (R-
1) Zone.
9.4 Parking Lots
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In a Low Density Residential (R-1) Zone, no Development Permit shall be issued for a lot solely
containing a parking lot unless all parking spaces have a minimum set-back of 6.1 m (20 ft) from
any common lot line, except those lot lines directly abutting a street. Parking spaces may be
developed within the minimum set-back of 6.1 m (20 ft) provided a 1.8 m (6 ft) high opaque fence
is erected along the entire length of the parking area between the parking area and the common
lot line boundary.
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Part 10 - Medium Density Residential (R-2) Zone
10.1 R-2 Zone Permitted Uses
A maximum of one of the following uses shall be permitted in the Medium Density Residential
(R-2) Zone:
* All R-1 permitted uses subject to the R-1 Zone requirements;
* Semi Detached Dwellings characterized by not more than one (1) shared property
line with a maximum of two (2) units per lot;
* Multiple Unit buildings up to eight (8) dwelling units.
10.2 R-2 Zone Requirements
In the Medium Density Residential (R-2) Zone, no Development Permit shall be issued except in
conformity with the following:
Minimum Lot Area: 232 m2 (2,500 ft2)
Multiple Unit
Building (3 Units)
Multiple Unit
Building (4-8
Units)
Semi-detached
Townhouse
Dwellings
Minimum Lot
Frontage
10.0 m (33 ft)
10.0 m (33 ft)
10.0 m (33 ft) per lot
5.5 m (19 ft) per
unit
Minimum Front
Yard
3.0 m (10 ft)
3.0 m (10 ft)
3.0 m (10 ft)
3.0 m (10 ft)
Minimum
Flanking Yard
3.0 m (10 ft)
3.0 m (10 ft)
3.0 m (10 ft)
3.0 m (10 ft)
Minimum Rear
Yard
6.1 m (20 ft)
6.1 m (20 ft)
6.1 m (20 ft)
6.1 m (20ft)
Minimum Side
Yards
1.2 m (4 ft)
1.2 m (4 ft)
1.2 m (4 ft) on
exterior yards only
1.2 m (4 ft) on
exterior yards
only
Maximum
Height of Main
Building
10.67 m (35 ft)
10.67 m (35 ft)
10.67 m (35 ft)
10.67 m (35 ft)
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10.3 R-2 Zone Group Dwelling Requirements
Medium Density group dwelling uses may proceed by Site Plan Approval or Development
Agreement. However, such developments, proceeding through Site Plan Approval, shall conform
to all of the following requirements:
(1) Minimum lot frontage to be 30.5 m (100 ft);
(2) Minimum lot area to be 929 m2 (10,000 ft2);
(3) Minimum front yard setback to be 7.62 m (25 ft);
(4) Minimum side yard setback to be 4.6 m (15 ft) or one-half (1/2) the height of the tallest
building, whichever is greater;
(5) Minimum flanking yard setback to be 6.1 m (20 ft);
(6) Minimum rear yard setback to be 7.62 m (25 ft);
(7) Maximum height of main buildings to be 10.67 m (35 ft); and,
(8) Minimum distance between buildings shall be 6.1 m (20 ft);
(9) Complies with the infilling in Existing Residential Areas statement of the Municipal
Planning Strategy;
(10) Priority access shall be given to resident and pedestrian foot and bicycle traffic; and,
(11) Required vehicle parking shall be located in the rear or side yards.
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Part 11 - Medium Density Residential Zone Main Street (R-2M) Zone
11.1 R-2M Zone Permitted Uses
In the R-2M Zone, no Development Permit shall be issued except for one or more of the following
uses:
- All R-2 permitted uses;
- Guest Homes (maximum of six (6) rental bedrooms);
- Nurseries;
- Coffee and Tea Shops;
- Restaurants excluding drive-in, drive-thru to a maximum floor area of 279 m2
(3,000 ft2);
- Laundromats;
- Art Galleries;
- Antique Shops;
- Inns with Function Room Facilities (Maximum eight (8) bedrooms or suites);
- Personal Service Shops;
- Arts and Community Centres;
- Churches;
- Institutional Uses;
- Public Parks;
- Retail Shops to a maximum floor area 279 m2 (3,000 ft2); and,
- Art Studios
11.2 R-2M Zone Requirements
In the Medium Density Residential Main Street (R-2M) Zone, no Development Permit shall be
issued except in conformity with the following:
First 2 Units
Additional 3 to 8
units
Semi-detached
Minimum Lot
Area Required
232 m2 (2,500 ft2) per
unit
92.9 m2 (1000 ft2)
per unit
464 m2 (5,000 ft2) for two (2)
units per lot
Minimum Lot
Frontage
15.24 m (50 ft)
15.24 m (50 ft)
15.24 m (50 ft) per lot
Minimum
Front Yard
3.05 m (10 ft)
3.05 m (10 ft)
3.05 m (10 ft)
Minimum
Flanking Yard
4.6 m (15 ft)
4.6 m (15 ft)
4.6 m (15 ft)
Explanatory Note: lesser requirements of the R-2M zone shall apply
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First 2 Units
Additional 3 to 8
units
Semi-detached
Minimum Rear
Yard
6.1 m (20 ft)
6.1 m (20 ft)
6.1 m (20 ft)
Minimum Side
Yard
3.05 m (10 ft)
3.05 m (10 ft)
3.05 m (10 ft) on exterior
yards only
Maximum
Height of Main
Building
10.67 m (35 ft)
10.67 m (35 ft)
10.67 m (35 ft )
11.3 Multiple Main Buildings
In the Medium Density Residential Main Street (R-2M) Zone, nothing in this By-law shall prohibit
the development of more than one (1) main building on a lot provided:
(1) That all parking and loading requirements for each main building and/or use are
satisfied; and
(2) That all other requirements of this By-law are satisfied.
11.4 R-2M Zone Group Dwelling Requirements
Medium Density group dwelling uses may proceed by Site Plan Approval or Development
Agreement. However, such developments, proceeding through Site Plan Approval, shall conform
to all of the following requirements:
(1) Minimum lot frontage to be 30.5 m (100 ft.);
(2) Minimum lot area to be 929 m2 (10,000 ft2);
(3) Minimum front yard setback to be 7.62 m (25 ft);
(4) Minimum side yard setback to be 4.6 m (15 ft) or one-half (1/2) the height of the tallest
building, whichever is greater;
(5) Minimum flanking yard setback to be 6.1 m (20 ft);
(6) Minimum rear yard setback to be 7.62 m (25 ft);
(7) Maximum height of main buildings to be 10.67 m (35 ft); and,
(8) Minimum distance between buildings shall be 6.1 m (20 ft);
(9) Complies with the Infilling in Existing Residential Areas statement of the Municipal
Planning Strategy;
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(10) Priority access shall be given to resident and pedestrian foot and bicycle traffic; and,
(11) Required vehicle parking shall be located in the rear or side yards.
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Part 12 - High Density Residential (R-3) Zone
12.1 R-3 Zone Permitted Uses
New multiple unit buildings, or expansions to existing buildings, to create more than eight (8)
units shall be considered High Density Residential (R-3) in the Residential Designation and will
only be considered by Development Agreement.
In addition, any property zoned High Density Residential (R-3) may be used for any Medium
Density Residential (R-2) use subject to the Medium Density Residential (R-2) Zone requirements.
12.2 Zone Requirement - For more than Eight (8) Units
As per Municipal Planning Strategy Policy 4.17, zone requirements through the Development
Agreement process may be waived. However, the requirements below shall be considered
guidelines to follow, as closely as possible, for potential R-3 uses:
First two (2) units
Each additional
unit
Minimum lot
area required
per unit
232 m2 (2,500 ft2)
per unit
92.9 m2 (1,000 ft2)
per unit
Minimum Lot Frontage
27.4 m
90 ft
Minimum Front Yard
7.6 m
25 ft
Minimum Flanking Yard
7.6 m
25 ft
Minimum Rear Yard
7.6 m
25 ft
Minimum Side Yard
4.6 m
15 ft
or one-half (½) the height, whichever is greater
Maximum Height of Main
13.72m
45 ft.
Building
12.3 Zone Parking Requirements
For every building or structure to be erected, occupied, or enlarged, or where there is a change
in use (increase in the number of dwelling units) to a building or structure in the High Density
Residential (R-3) Zone, on-site parking shall be provided and maintained on the same lot as the
use in conformity with the following schedule:
(1) One (1) on-site parking space shall be provided and maintained for each dwelling unit.
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Part 13 - Mixed Residential Development Park (MR) Zone
13.1 Permitted Uses
In the Mixed Residential Development Park (MR) Zone, no Development Permit shall be issued
except for the following uses:
* All R-1 permitted uses subject to the R-1 Zone requirements;
∗ Multiple unit buildings with up to eight (8) dwelling units;
∗ Townhouse Dwellings with up to eight (8) dwelling units;
∗ Mobile Home Dwelling Units containing no more than two (2) units;
* Mini Home Dwelling Units containing no more than two (2) units;
* Mobile Home Park Offices;
* Maintenance Equipment storage related and incidental to the operation of the park;
and,
* Recreational uses, parks and playgrounds related and incidental to the operation of the
park.
13.2 MR Zone Requirements
In the Mixed Residential Development (MR) Zone, no Development Permit shall be issued except
in conformity with the following:
For Group Dwellings:
Minimum Lot Area
4,047 m2 (43,560 ft2)
Minimum Lot Frontage
30.5 m (100 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Flanking Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
For one (1) Building on an approved lot:
Minimum Lot Area and frontage shall meet the following requirements:
For Single Detached Dwellings, two (2) unit dwellings, and semi-detached dwellings - As
stated in the Low Density Residential (R-1) Zone;
For multiple unit buildings (more than two (2) units) - As stated in the High Density
Residential (R-3) Zone;
For all uses:
Minimum Front Yard
6.1 m (20 ft)
Minimum Flanking Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
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13.3 Main Buildings - Group Dwellings
Nothing in this By-law shall prohibit the construction or placement of more than one (1) dwelling
unit on a lot in the Mixed Residential Development Park (MR) Zone provided a minimum
separation distance of 3.05 m (10 ft) is provided and maintained between each building.
13.4 Accessory Buildings
A maximum of one (1) accessory building per dwelling unit (main building) may be erected or
placed on a Mixed Residential Development Park (MR) zoned lot provided:
(1) it shall not be used for human habitation;
(2) it shall not be located in the front yard, except under the following conditions:
i.
Less than fifty percent (50%) of the accessory building extends into the front
yard;
ii.
there is only one accessory building that extends into the front yard that shall
not exceed 20 m2 (215 ft2); and,
iii.
the side and rear yards of the lot are not adequately sized for accessory
buildings, or easily accessible.
(3) it shall not be located in the required flanking yard;
(4) it shall not be located closer than the main building to any public or private street;
(5) it shall not be located closer than 1.2 m (4 ft) to any other main or accessory building;
(6) it shall not exceed 4.6 m (15 ft) in height; and
(7) it shall not exceed 37.16 m2 (400 ft2) in floor area.
13.5 Site Plan Approval
Development on any area in excess of 4,047 m2 (43,560 ft2) in size shall proceed by site plan
approval.
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Part 14 - Comprehensive Development (CD) Zone
14.1 CD Zone Permitted Uses
(1) Subject to meeting the zone requirements for the use, the following uses are permitted:
a) All R-1 permitted uses subject to the R-1 Zone requirements;
b) Multiple unit buildings with eight (8) units or less on serviced lots only; and
c) Agricultural uses except those prohibited by Section 5.39.
(2) In addition to uses listed in subsection (1), where a lot or lot assembly is one (1) hectare
in size or greater which can include lands that may be located on both sides of a public
street or right-of-way, the following uses may be permitted by Site Plan Approval:
a) Group Dwellings;
b) Local Commercial (C-4) Zone Uses;
c) Mobile Homes provided the number of units does not exceed twenty (20%)
percent of the total number of units; and
d) Multiple unit buildings.
(3) The following additional uses are also permitted by Development Agreement:
a) Tiny Homes;
b) Any use above where the zone requirements for the use are not met; and
c) As per policy 10.43 of the Municipal Planning Strategy, Convenience Stores,
Personal Service Shops and Restaurants (excluding drive-in and drive thrus) up to
a combined 3,000 Square Feet of Gross Commercial Floor Area.
14.2 Comprehensive Development (CD) Zone Requirements - Unserviced Lots
In a Comprehensive Development (CD) Zone, no Development Permit shall be issued except in
conformity with the following:
Single & Two (2)
Unit Dwelling
Semi-Detached Dwelling
Minimum Lot Area
Minimum Lot Frontage
7432 m2 (80,000 ft2)
121.9 m (400 ft)
7432 m2 (80,000 ft2) for one
(1) dwelling unit per lot
121.9 m (400 ft) per lot
Minimum Front Yard
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Flanking Yard
6.1 m (20 ft)
6.1 m (20 ft)
Minimum Side Yard
3.05 m (10 ft)
3.05 m (10 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
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Single & Two (2)
Unit Dwelling
Semi-Detached Dwelling
Maximum Height of Main
Building
10.7 m (35 ft)
10.7 m (35 ft)
14.3 Comprehensive Development (CD) Zone - Serviced Lots
Notwithstanding anything contained in Section 14.2, the following standards shall apply to
Comprehensive Development (CD) lots fronting on public streets and with adequate municipal
sewer and municipal water facilities:
Single Detached
Dwelling
Two Unit Dwelling
Semi-Detached Dwelling
Minimum Lot
Area
464.5 m2 (5000 ft2)
557.4 m2 (6000 ft2)
371.6 m2 (4000 ft2) for one
(1) dwelling unit per lot
Minimum Lot
Frontage
15.3 m (50 ft)
15.3 m (50 ft)
12.19 m (40 ft) per dwelling
unit
Minimum Front
Yard
6.1 m (20 ft)
6.1 m (20 ft)
6.1 m (20 ft)
Minimum
Flanking Yard
4.6 m (15 ft)
4.6 m (15 ft)
4.6 m (15 ft)
Minimum Rear
Yard
6.1 m (20 ft)
6.1 m (20 ft)
6.1 m (20 ft)
Minimum Side
Yard
One Side
1.8 m (6 ft)
3.05 m (10 ft) on
both sides
3.05 m (10 ft) on exterior
yard only
Other Side
3.05 m (10 ft)
Maximum
Height
10.7 m (35 ft)
10.7 m (35 ft)
10.7 m (35 ft)
14.4 Requirements for Comprehensive Developments
Projects proceeding through Site-Plan Approvals as enabled by section 14.1(2), shall also
conform to the following requirements:
Number of Units and Main Buildings
(1) A maximum density is 75 dwelling units per hectare.
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(2) The total combined maximum of dwelling units per Site-Plan Approval area shall not exceed
75 dwelling units.
(3) Nothing in this Land Use Bylaw shall prevent more than one main building within a Site-Plan
Approval area.
Building Height
(1) The maximum building height of main buildings shall not exceed six (6) storeys.
(2) The maximum height of accessory buildings shall be consistent with the applicable
requirements of the Land Use Bylaw.
(3) Projects located in the Yarmouth Airport vicinity protection area shall comply with the
Yarmouth Airport Zoning Regulations and NAV Canada recommendations and requirements
as applicable.
Building Separation
(1) The minimum distance between buildings shall be no less than 7.62m (25 ft).
Landscaping
(1) A minimum of 35 per cent of the Site-Plan Approval area shall be landscaped.
(2) The landscaped area may consist of a permeable and impervious landscaping.
(3) Permeable landscaping may consist of any existing natural areas, or existing landscaped
areas of the lot to be retained;
(4) The maximum amount of impervious landscaping shall not exceed 50 per cent of the
required landscaped area;
(5) Any portion of the Site-Plan Approval area not used for motor vehicle access, parking
spaces and garbage and recycling facilities shall not be included in the calculation of a
landscaped area.
(6) A minimum of one (1) new deciduous or coniferous tree (native species only) per unit shall
be included in the required landscaped area.
Amenity Space
(1) Each dwelling unit shall include amenity space with no less than 5m2 (54ft2) in size.
(2) Amenity space may be provided as private amenity space or common amenity space or
combination of both.
(3) Private amenity space shall be in the form of a balcony, deck, patio and have no minimum
dimensions of less than 1.7m (6ft).
(4) Common amenity space may be provided indoors or outdoors and shall:
a) be accessible to all units; and
b) have a contiguous area of no less than 50m2 (540ft2), with no dimension less than
6.1m (20ft).
Lot Frontage
(1) The minimum lot frontage shall be no less than 30.5m (100 ft).
Site-Plan Approval Area
(1) The minimum size of land area included in the Site-Plan Approval area shall be no less than
10,000 m2 (1ha/2.47ac) at the time of Site-Plan Approval.
78
Yards
(1) The minimum yard between a building and a lot line shared with a street shall be no less
than 3.3 m (10 ft).
(2) The minimum yard between a building and a lot line shared with another lot (not included
in the Site-Plan Approval area) shall be no less than 3.3 m (10 ft).
Parking
(1) A minimum of 0.5 on-site parking spaces per unit shall be provided.
(2) Any parking spaces provided shall not be located between buildings and lot lines shared
with public streets.
Access
(1) Unless otherwise permitted by the Town Engineer and Traffic Authority:
a) all lots within the Site-Plan Approval area shall have a frontage along a public street;
and
b) access from a lot to a street shall be consistent with the requirements of this Land
Use Bylaw.
(2) Notwithstanding anything else in this Land use Bylaw, vehicular access shall be sited and
designed to accommodate emergency vehicles in all seasons of the year to the satisfaction
of the Town.
Transportation Connections
Unless otherwise permitted by the Town Engineer and Traffic Authority, all transportation
connections within the Site-Plan Approval area shall be consistent with the applicable
requirements of this Land Use Bylaw and the Town of Yarmouth Subdivision Bylaw, as amended
from time.
Municipal Services
(1) All main buildings within the Site-Plan Approval area shall be serviced with Town sanitary
sewer and water services to the satisfaction of the Town Engineer.
(2) Unless otherwise permitted by the Town Engineer:
a) a Site-Plan Approval application shall include a stormwater management plan
prepared by a qualified professional;
b) Site-Plan Approval areas shall be connected to the Town storm sewer where
available; and
c) all designs and construction of service systems shall be consistent with the
requirements of this Land Use Bylaw and the Town of Yarmouth Subdivision By-law,
as amended from to time.
14.5 Site Plan Process
The process for granting Site Plan Approval follows the same process as the Variance procedure
subject to Section 236 of the Municipal Government Act.
14.6 Rules for Plant-based Agriculture Uses
(1) The maximum height of any main or accessory building shall not exceed the 10.7m (35ft).
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(2) Agriculture uses, except those prohibited by section 5.39, may include:
a) multiple main buildings to grow food on-site and store produce grown on-site, which
may include, but not be limited to, greenhouses or barns;
b) multiple accessory buildings, which may include, but not be limited to, raised beds,
cold frames, hoop enclosures, or sheds for maintenance, equipment and materials;
c) hydroponics, aquaponics and vertical growing; and
d) accessory retail function to sell produce grown on site either in an enclosed building
or outdoors.
(3) Pursuant to section 5.41 of the Land Use Bylaw, buildings and uses referenced in
subsection (1) do not require municipal water and sewer services.
(4) Accessory buildings associated with agriculture uses:
a) shall not be located in yards shared with public streets; and
b) exceed the combined floor area of main buildings located on the same lot.
(5) Unless otherwise permitted by the Development Officer, open storage associated with
agriculture uses may be permitted subject to the following requirements:
a) any materials stored outside shall be within a 1.8 m (6 ft) high opaque enclosure;
b) enclosures shall not be located closer than 3.05m (10ft) to any public street or
abutting property line;
c) enclosures shall not be located in the required front yard of the lot; and
d) the open storage shall be clean and void of any animal matter, bait and any other
similar items.
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Part 15 Residential Holding (R-H) Zone
15.1 R-H Zone Permitted Uses
(1) A maximum of one of the following uses shall be permitted in the Residential Holding (R-
H) Zone:
* Single Detached Dwellings;
* Public Parks;
* Residential Care Facilities;
* Two (2) Unit Dwellings;
* Semi-Detached Dwellings characterized by not more than one (1) shared
property line with a maximum of one (1) unit per lot; and
* Agricultural uses except those prohibited by Section 5.37
15.2 R-H Zone Requirements - Unserviced Lots
In a Residential Holding (R-H) Zone, no Development Permit shall be issued except in conformity
with the following:
Single & Two (2)
Unit Dwelling
Semi-Detached Dwelling
Minimum Lot Area
7432 m2 (80,000 ft2)
7432 m2 (80,000 ft2) for one
(1) dwelling unit per lot
Minimum Lot Frontage
121.9 m (400 ft)
121.9 m (400 ft) per lot
Minimum Front Yard
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Flanking Yard
6.1 m (20 ft)
6.1 m (20 ft)
Minimum Side Yard
3.05 m (10 ft)
3.05 m (10 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
Maximum Height of Main
Building
10.7 m (35 ft)
10.7 m (35 ft)
15.3 R-H Zone Requirements - Serviced Lots
Notwithstanding anything contained in Section 15.2, the following standards shall apply to
Residential Holding (R-H) lots fronting on existing public streets with adequate municipal sewer
and municipal water facilities:
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Single Detached
Dwelling
Two Unit Dwelling
Semi-Detached Dwelling
Minimum Lot
Area
464.5 m2 (5000 ft2)
557.4 m2 (6000 ft2)
371.6 m2 (4000 ft2) for one
(1) dwelling unit per lot
Minimum Lot
Frontage
15.3 m (50 ft)
15.3 m (50 ft)
12.19 m (40 ft) per dwelling
unit
Minimum Front
Yard
6.1 m (20 ft)
6.1 m (20 ft)
6.1 m (20 ft)
Minimum
Flanking Yard
4.6 m (15 ft)
4.6 m (15 ft)
4.6 m (15 ft)
Minimum Rear
Yard
6.1 m (20 ft)
6.1 m (20 ft)
6.1 m (20 ft)
Minimum Side
Yard
One Side
1.8 m (6 ft)
3.05 m (10 ft) on
both sides
3.05 m (10 ft) on exterior
yard only
Other Side
3.05 m (10 ft)
Maximum
Height
10.7 m (35 ft)
10.7 m (35 ft)
10.7 m (35 ft)
15.4 One Main Building
No person shall erect more than one (1) main building on a lot in the Residential Holding (R-H)
Zone.
15.5 Rules for Plant-based Agriculture Uses
(1) The maximum height of any main or accessory building shall not exceed the 10.7 m (35ft).
(2) Agriculture uses, except those prohibited by section 5.39, may include:
a) multiple main buildings to grow food on-site and store produce grown on-site, which
may include, but not be limited to, greenhouses or barns;
b) multiple accessory buildings, which may include, but not be limited to, raised beds,
cold frames, hoop enclosures, or sheds for maintenance, equipment and materials;
c) hydroponics, aquaponics and vertical growing; and
d) accessory retail function to sell produce grown on site, either in an enclosed building
or outdoors.
(3) Pursuant to section 5.41 of the Land Use Bylaw, buildings and uses referenced in
subsection (1) do not require municipal water and sewer services.
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(4) Accessory buildings associated with agriculture uses:
a) shall not be located in yards shared with public streets; and
b) exceed the combined floor area of main buildings located on the same lot.
(5) Unless otherwise permitted by the Development Officer, open storage associated with
agriculture uses may be permitted subject to the following requirements:
a) any materials stored outside shall be within a 1.8 m (6 ft) high opaque enclosure;
b) enclosures shall not be located closer than 3.05 m (10 ft) to any public street or
abutting property line;
c) enclosures shall not be located in the required front yard of the lot; and
d) the open storage shall be clean and void of any animal matter, bait and any other
similar items.
15A - Housing Accelerator 1 (HA-1) Zone
15A.1 HA-1 Zone Purpose
The Housing Accelerator 1 (HA-1) Zone is intended to:
(a) accommodate a range of housing types and building forms; and
(b) provide more flexibility with respect to setbacks, building heights, number of units on-
site parking to permit an efficient use of land and increase developable area.
15A.2 HA-1 Zone Permitted Uses
(1) The following main uses are permitted in the Housing Accelerator 1 (HA-1) Zone:
(a) Dwellings with up to four (4) dwelling units on a lot; and
(b) Supportive Housing with up to four (4) sleeping units on a lot.
15A.3 Additional Permitted Uses
(1) The following are additional permitted uses in the Housing Accelerator 1 (HA-1) Zone when
approved in conjunction with one or more of the residential uses listed in subsection (1):
(a) Nursery
15A.4 HA-1 Zone Uses Permitted by Site Plan Approval
(1) In addition to uses permitted by site plan approval as identified in other sections of this
Land Use By-law, the following uses shall be permitted by site plan approval in the Housing
Accelerator 1 (HA-1) Zone:
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(a) Dwellings with five (5) or more dwelling units on a lot;
(b) Supportive Housing with five (5) or more sleeping units on a lot;
(c) Tiny communities; and
(d) Tiny homes.
15A.5 HA-1 Zone Uses Considered by Development Agreement
(1) In addition to uses considered by Development Agreement as identified in other sections
of this Land Use By-law, the following uses shall be permitted in the Housing Accelerator 1
(HA-1) Zone where Council has entered into a Development Agreement permitting the use
subject to the noted policy:
(a) Developments that do not meet the requirements of this zone - MPS Policy 4.17
15A.6 HA-1 Zone Requirements
(1) In the Housing Accelerator 1 (HA-1) Zone, no Development Permit shall be issued except in
conformity with the following:
All Permitted Uses
Minimum lot area
N/A
Minimum lot frontage
5.0 m (17 ft)
Minimum front yard
3.0 m (10 ft)
Minimum flanking yard
3.0 m (10 ft)
Minimum rear yard
6.0 m (20 ft)
Minimum side yard
1.2 m (4 ft)
Maximum Height of Main Building 3 Storeys, not exceeding 12.2 m (40 ft)
15A.7 Residential Density
(1) Except for as provided in subsection (2), dwellings and supportive housing in the Housing
Accelerator 1 (HA-1) Zone shall not exceed a density of 75 dwelling units or sleeping units
per hectare on a lot.
(2) Despite the maximum density of subsection (1), a minimum of four (4) dwelling units or
sleeping units shall be permitted on a lot.
15A.8 Number of Main Building
(1) Multiple main buildings shall be permitted on a lot within this Zone.
(2) Multiple main buildings on one lot shall be separated from each other by a minimum of 2.4
metres (8 feet).
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15A.9 Rainwater Management
(1) A minimum of 30 per cent of the area of a lot shall consist of permeable landscaping that
is:
(a) living, or derived from living organisms; and
(b) may include, but are not limited to, mulch, native grasses, plants, shrubs, sod, and
trees.
(2) A Stormwater Management Plan prepared by a qualified engineer may be required in
support of surface runoff evaluation at the discretion of the Town Engineer.
15A.10 Planting Requirements
(1) Trees required by this section:
(a) May be provided through the planting of new trees or the preservation of existing
on-site trees; and
(b) Where approved by the Town Engineer, trees may be provided within the Town -
owned boulevard adjacent to the lot that is subject to redevelopment.
(2) Unless otherwise provided in subsection (3), a minimum of 1.0 trees shall be provided for
each 150 square meters of lot area.
(3) The Development Officer may reduce or eliminate the tree planting requirements
identified in subsection (2), where the applicant can adequately demonstrate that
retention of existing trees and/or planting of new trees would prevent, or be otherwise
detrimental to construction of the intended use or development.
15A.11 Amenity Space
(1) Amenity space shall be provided on the lot at the following minimum rate:
(a) 5.0 square metres (54 square feet) per dwelling unit; and
(b) 1.6 square metres (18 square feet) per supportive housing bedroom
(2) Amenity space may be provided as private amenity space or common amenity space or
combination of both.
(3) Private amenity space shall be in the form of a balcony, deck, yard, or a patio and have no
dimension of less than 1.5 metres (5.0 feet).
(4) Common amenity space may be provided indoors or outdoors and shall be accessible to all
dwelling units on a lot.
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15A.12 Parking
(1) Unless otherwise provided in subsection (2), on-site parking shall be provided for
residential uses permitted in the Housing Accelerator 1 (HA-1) Zone at a minimum of 1.0
spaces per unit.
(2) The parking rate referenced in subsection (1) may be reduced :
(a) in keeping with Section 5.27 (Cash-In-Lieu Cash Equivalent for Parking Spaces) of
this Bylaw; or
(b) at the discretion of the Town of Yarmouth Traffic Authority.
15B - Housing Accelerator 2 (HA-2) Zone
15B.1 HA-2 Zone Purpose
The Housing Accelerator 2 (HA-2) Zone is intended to:
(a) accommodate a range of housing types and building forms up to a high density; and
(b) provide more flexibility with respect to setbacks, building heights, number of units on-site
parking to permit an efficient use of land and increase developable area.
15B.2 HA-2 Zone Permitted Uses
(1) The following main uses are permitted in the Housing Accelerator 2 (HA-2) Zone:
(a) Dwellings with up to eight (8) dwelling units on a lot.
(b) Supportive Housing with up to eight (8) sleeping units on a lot.
15B.3 Additional Permitted uses
(1) The following are additional permitted uses in the Housing Accelerator 2 (HA-2) Zone when
approved in conjunction with one or more of the residential uses listed in subsection (1):
(a) Park
15B.4 HA-2 Zone Uses Permitted by Site Plan Approval
(1) In addition to uses permitted by site plan approval as identified in other sections of this
Land Use By-law, the following uses shall be permitted by site plan approval in the Housing
Accelerator 2 (HA-2) Zone:
(a) Dwellings with nine (9) or more dwelling units on a lot.
86
(b) Supportive Housing with nine (9) or more seeping units on a lot.
(c) Tiny communities.
(d) Tiny homes.
15B.5 HA-2 Zone Uses Considered by Development Agreement
(1) In addition to uses considered by Development Agreement as identified in other sections
of this Land Use By-law, the following uses shall be permitted in the Housing Accelerator 2
(HA-2) Zone where Council has entered into a Development Agreement permitting the use
subject to the noted policy:
(a) Developments that do not meet the requirements of this zone - MPS Policy 4.17.
15B.6 HA-2 Zone Requirements
(1) In the Housing Accelerator 2 (HA-2) Zone, no Development Permit shall be issued except in
conformity with the following:
All Permitted Uses
Minimum lot area
N/A
Minimum lot frontage
6.1 m (20 ft)
Minimum front yard
3.1 m (10 ft)
Minimum flanking yard
3.1 m (10 ft)
Minimum rear yard
3.1 m (10 ft)
Minimum side yard
1.2 m (4 ft)
Maximum Height of Main Building Three storeys, not exceeding 12.2 m (40 ft)
15B.7 Residential Density
(1) Except for as provided in subsection (2), dwellings and supportive housing in the Housing
Accelerator 2 (HA-2) Zone shall not exceed a density of 125 dwelling units or sleeping units
per hectare on a lot.
(2) Despite the maximum density of subsection (1), a minimum of eight (8) dwelling units or
sleeping units shall be permitted on a lot.
15B.8 Number of Main Building
(1) Multiple main buildings shall be permitted on a lot within this Zone.
(2) Multiple main buildings on one lot shall be separated from each other by a minimum of 2.4
metres (8 feet).
15B. 9 Rainwater Management
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(1) A minimum of 30 per cent of the area of a lot shall consist of permeable landscaping that
is:
(a) Living, or derived from living organisms; and
(b) may include, but are not limited to, mulch, native grasses, plants, shrubs, sod, and
trees.
(2) A Stormwater Management Plan prepared by a qualified engineer may be required in
support of surface runoff evaluation at the discretion of the Town Engineer.
15B.10 Planting Requirements
(1) Trees required by this section:
(a) May be provided through the planting of new trees or the preservation of existing
on-site trees; and
(b) Where approved by the Town Engineer, trees may be provided within the Town-
owned boulevard adjacent to the lot that is subject to redevelopment.
(2) Unless otherwise provided in subsection (3), a minimum of 1.0 trees shall be provided for
each 150 square meters of lot area.
(3) The Development Officer may reduce or eliminate the tree planting requirements
identified in subsection (2), where the applicant can adequately demonstrate that
retention of existing trees and/or planting of new trees would prevent, or be otherwise
detrimental to construction of the intended use or development.
15B.11 Amenity Space
(1) Amenity space shall be provided on the lot at the following minimum rate:
(a) 5.0 square metres (54 square feet) per dwelling unit; and
(b) 1.6 square metres (18 square feet) per supportive housing bedroom.
(2) Amenity space may be provided as private amenity space or common amenity space or
combination of both.
(3) Private amenity space shall be in the form of a balcony, deck, yard, or a patio and have no
dimension of less than 1.5 metres (5.0 feet).
(4) Common amenity space may be provided indoors or outdoors and shall be accessible to all
dwelling units on a lot.
15B.12 Parking
88
(1) Unless otherwise provided in subsection (2), on-site parking shall be provided for
residential uses permitted in the Housing Accelerator 2 (HA-2) Zone at a minimum rate of
1.0 spaces per unit.
(2) The parking rate referenced in subsection (1) may be reduced:
(a) in keeping with Section 5.27 (Cash-In-Lieu Cash Equivalent for Parking Spaces) of
this Bylaw; or
(b) at the discretion of the Town of Yarmouth Traffic Authority.
89
Part 16 - General Provisions for Commercial Zones
16.1 Commercial Zones Permitted Uses
The table below lists the uses permitted in all Commercial Zones. For conditions associated with
the uses, see the specific section referencing that zone. The table below is for convenience; if
there is a discrepancy between the table below and the zone, the zone description shall prevail.
Commercial Zones
C-1
DTZ
C-2
C-2M
C-3
C-4
C-H
Art Galleries
-
-
-
-
-
Automobile Sales Establishments
-
-
Automobile Service Stations
-
-
-
Banks and Financial Institutions
-
See
Zone
See
Zone
Broadcasting Stations
-
Business Offices
-
-
Call Centres
-
Car Wash Facilities (Drive-in or Drive-thru)
-
-
Community Markets
-
-
-
-
Convenience Stores
-
-
-
-
See
Zone
Cultivating and Processing
See
Zone
See
Zone
See
Zone
See
Zone
See
Zone
Dwelling, Multi-Unit
Up
to 8
units
Up
to 4
units
Up to 4
units
Up
to 4
units
Up
to 2
units
Emergency Response Centres
-
-
Grocery Stores
-
-
-
-
Guest Homes (up to 6 bedrooms or suites) as a main
use
Permitted in DTZ, Also see Section 5.51
Food Trucks
-
-
-
Heavy Service Shops
-
-
Hotels, Motels, Hostels
-
-
-
-
Inns (max. of 8 bedrooms or suites)
-
Institutional Uses
-
-
-
Internet Website Development
-
-
-
-
-
Laundromats
-
-
-
-
Light Service Industries within Wholly-Enclosed
Buildings
-
-
-
-
Light Service Shops
-
-
-
-
Live-in Art Gallery Studios
-
Medical Clinics
-
-
-
Microbreweries
-
Microwineries
-
Microdistilleries
-
Municipal, Provincial, and Federal Government Offices -
-
Non-Residential Uses (See Section 5.51)
-
-
-
-
Nurseries
-
Parking Lots and Parking Structures
-
-
-
-
Places of Entertainment, Recreation, Fitness, and
Assembly within wholly enclosed buildings
-
-
-
See
Zone
Public Parks
-
-
-
Public Utility Offices and Work Yards
-
-
Private Utility Offices and Work Yards
-
-
Professional Offices
-
-
Restaurants
-
-
-
-
-
Restaurants (including drive-in, or drive-thru)
-
-
-
Retail Shops
-
-
-
-
90
Shops, Coffee and Tea (eat-in only)
-
Shops, Personal Services
-
-
-
-
-
See
Zone
Short-term Rental (See Section 5.61)
-
-
-
-
-
-
Taverns, Lounges, and Cabarets
-
-
-
Television Production Studios
-
-
Taxi and Bus Stations
-
-
-
-
Veterinarian Clinics
-
-
Wholesale Shops
-
-
Wholesale, Distribution, and Warehousing
-
-
16.2 Commercial Development (C-1, C-2, C-2M and C-3) Abutting Non-Commercial Uses
Where a Commercial (C-1, C-2, C-2M or C-3) Zone abuts a Residential, Open Space or Institutional
Zone located within the Residential generalized future land use designation, the following
restrictions shall apply:
(1) Unless otherwise provided in subsection (1.1), the minimum required abutting yard set-
back for any main or accessory building shall be 6.1 m (20 ft);
(1.1) Reductions to the minimum required abutting yard set-back referenced in
subsection (1), may be permitted by Development Agreement pursuant to Section
225 of the Municipal Government Act.
(2) No open storage, outdoor display, parking or loading area shall be permitted within the
required abutting yard set-back except where a 1.8 m (6 ft) high opaque fence or a 3.0
m (10 ft) wide landscaped strip with growth and/or landscaping not less than 1.8 m (6
ft) in height is erected along the entire length of any abutting lot line and provided, in
the case of open storage or outdoor displays, that the height of such does not exceed
the height elevation of the opaque fence or growth and/or landscaping; and,
(3) In the case of providing a landscaped strip, such strip shall be open and unobstructed
by any building, parking, loading area, signage, open storage or outdoor display.
16.3 Restrictions on Open Storage or Outdoor Displays (C-1, C-2, C-2M and C-3 Zones)
The following restrictions shall apply to open storage and outdoor displays in Commercial (C-1,
C-2, C-2M or C-3) zones:
(1) Except in a General Commercial (C-2) Zone or the General Commercial Main Street (C-
2M) Zone, no open storage or outdoor display shall be permitted except for special
occasions or temporary uses.
(2) Where a lot is to be used for open storage or outdoor display within a General
Commercial (C-2) Zone, or the General Commercial Main Street (C-2M) Zone, the
following restrictions shall apply:
91
a) No open storage shall be permitted in the front yard or flanking yard of any lot
within the General Commercial (C-2) Zone or the General Commercial Main Street
(C-2M) Zone;
b) No outdoor display shall be permitted within 1.5 m (5 ft) of the front or flanking
lot line;
c) The area devoted to open storage or outdoor display shall not exceed fifty (50%)
percent of the total lot area; and,
d) The open storage and/or outdoor display shall be accessory to the main use
located on the same lot.
16.4 Special Requirements - Automobile Service Stations
Where automobile service stations are permitted in a Commercial Zone, the following special
provisions shall apply:
(1) No portion of any pump island shall be located within 6.1 m (20 ft) of any public street
right-of-way or common lot boundary; and,
(2) A canopy erected for the purposes of sheltering pump islands may be erected provided
that no part of any canopy be located within 3.05 m (10 ft) of any public street right-of-
way or common lot boundary.
16.5 Multiple Main Buildings (C-1, C-2, C-2M and C-3 Zones)
In any Commercial (C-1, C-2, C-2M, C-3) Zone, nothing in this By-law shall prohibit the
development of more than one (1) main building on a lot provided:
(1) That the minimum separation distance between main buildings shall be waived (no
requirement) in the C-1 Zone, 6.1 m (20 ft) in the C-2 Zone and C-2M Zone and 3.05 m
(10 ft) in the C-3 Zone;
(2) That all parking and loading requirements for each main building and/or use are
satisfied; and,
(3) That all other requirements of this By-law are satisfied.
16.6 Accessory Buildings in the C-1, C-2M and C-3 Zones
(1) Accessory buildings in the C-1, C-2M and C-3 Zones shall not exceed 4.6 metres (15 ft)
in height.
(2) The total square footage of all accessory buildings on a lot zoned C-1, C-2M or C-3 shall
not exceed the total square footage (gross floor area) of the main building(s) located on
the same lot.
(3) Accessory buildings in the C-1, C-2M and C-3 Zones shall not be:
a) used for human habitation;
92
b) located closer than 1.8 metres (6 ft) to any other main or accessory building when
equal to or less than 20 square metres (215 sf) in total square footage.
c) located in the front yard; and,
d) located in the flanking yard.
(4) Unless otherwise provided in subsection (5) Accessory buildings in the C-1, C-2M and C-
3 Zones require a minimum set-back of 0.6 metres (2 ft) from any common lot boundary
or street right-of-way.
(5) The minimum set-back requirement referenced in subsection (4) may be waived in the
Downtown Commercial (C-1) Zone.
16.7 Accessory Buildings in the C-2 Zone
(1) Accessory buildings shall not exceed 7.6 metres (25 ft) in height.
(2) The total square footage of all accessory buildings on a lot shall not exceed the total
square footage (gross floor area) of the main building(s) located on the same lot.
(3) Unless otherwise provided in subsection (4), accessory buildings shall not be:
a) used for human habitation;
b) located closer than 1.8 metres (6 ft) to any other main or accessory building when
equal to or less than 20 square metres (215 sf) in total square footage;
c) located in the front yard;
d) located in the required flanking yard; and,
e) located closer than 3.05 metres (10 ft) to any common lot boundary or street right-
of-way.
(4) Accessory buildings on lots fronting and/or flanking onto Starrs Road may be located in
the front yard, flanking yard or both, provided that a minimum of forty per cent (40%)
of the exterior wall facing Starrs Road has design features to avoid bare building facades
including, but not limited to:
(a) windows;
(b) doors;
(c) shutters; or
(d) canopies
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Part 17 - Downtown Commercial (C-1) Zone
17.1 C-1 Zone Permitted Uses
In the Downtown Commercial (C-1) Zone, no Development Permit shall be issued except for one
or more of the following uses:
* Art Galleries;
* Microbreweries;
* Microwineries;
* Microdistilleries;
* Retail Shops;
* Community Markets;
* Convenience Stores and Grocery Stores;
* Wholesale Shops;
* Light Service Shops;
* Personal Service Shops;
* Business Offices;
* Professional Offices;
* Internet Web Site Development;
* Municipal, Provincial and Federal Government Offices;
* Public Parks;
* Call Centres;
* Banks and Financial Institutions;
* Hotels, Motels and Hostels;
* Institutional Uses;
* Medical Clinic;
* Parking Lots and Parking Structures;
* Places of Entertainment, Recreation, Fitness and Assembly within wholly enclosed
buildings;
* Taxi and Bus Stations;
* Taverns, Lounges and Cabarets;
* Broadcasting Stations;
* Restaurants (excluding drive-in, drive-thru);
* Light Service Industries Within Wholly-enclosed Buildings;
* Live-in Art Gallery Studios;
* Laundromats;
* Residential dwelling units provided they are not located at street level;
∗ Food Trucks; and
∗ Cultivation and processing within wholly enclosed buildings, excluding the cultivation of
marijuana.
17.2 Residential Units at Street Level
Notwithstanding Section 17.1, residential dwellings units up to a maximum of eight (8) units per
lot may establish residential dwelling units at street level south of Forest Street or north of
Grand/South Street."
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17.3 Residential Units at Street Level
Notwithstanding Section 17.1(1), residential dwellings units up to a maximum of eight (8) units
per lot may establish residential dwelling units at street level by Site Plan Approval provided they
meet the following requirements:
(1) The dwelling unit does not front on Main Street;
(2) The entrance to the dwelling unit is removed or set back from the public space
(sidewalk & street) through the use of a change in grade, steps, planters, etc.; and,
(3) Windows that view into living quarters are not located at street level or are screened
in some manner to prevent the general public from viewing the interior of the home
(tinted glass, window decals, etc.).
17.4 Maximum Permitted Height
In the Downtown Commercial (C-1) Zone, no Development Permit shall be issued for any building
or structure greater than 15.24 m (50 ft) in height.
17.5 Uses Permitted by Development Agreement
In the Downtown Commercial (C-1) Zone, Municipal Planning Strategy Commercial Policies 5.12
and 5.21 provide that the following uses may be considered for development only by
Development Agreement:
(1) Any new building within the C-1 Zone which exceeds 1,393.5 m2 (15,000 ft2) of gross
commercial floor area or where an addition to an existing building creates more than
1,393.5 m2 (15,000 ft2) in gross commercial floor area, otherwise, the alteration of,
renovation to or change in commercial use of any existing building shall be exempt from
this requirement.
(2) Any alteration, change in use, addition or new building within the C-1 Zone for the
purpose of establishing a kennel, for day-boarding and training facilities, provided the
lot does not directly abut the residential designation.
(3)
Community-based transitional housing and supportive housing projects.
17.6 General Restriction - Live-in Art Gallery Studios
In the Downtown Commercial (C-1) Zone, the following general restrictions shall apply to the
operation of a Live-in Art Gallery Studio use:
(1) That the commercial component of the Live-in Art Gallery Studio shall be anterior in
respect to the residential component of the Live-in Art Gallery Studio and shall not be
considered a dwelling unit pursuant to this Part; and,
95
(2) Provided all other requirements of this By-law are satisfied.
17.7 C-1 Zone Parking Requirements - Residential Uses
Notwithstanding Section 5.25, where any addition to an existing building or structure or the
construction of a new building or structure creates a new dwelling unit, one (1) off-street parking
space for each newly created dwelling unit may be provided and maintained having unobstructed
access to a public street or otherwise pay the cash-in-lieu cash equivalent. The alteration of,
renovation to or change in use within any existing building shall be exempt from this
requirement.
17.8 Parking and Loading Spaces Prohibited
In the Downtown Commercial (C-1) Zone, the development of parking spaces and loading spaces
in the front yard and flanking yard of any lot abutting Main Street, Water Street or John Street
shall be strictly prohibited. This provision shall only apply when a new "main" building is being
developed. The alteration of, addition to, renovation to or change in use to any existing "main"
building; the construction of a new "accessory" building or the alteration of, addition to, or
renovation to any existing "accessory" building; or, any change to the use of land shall be
exempted from this requirement.
17.9 Urban Design Standards - Form Based Planning Codes
In the Downtown Commercial (C-1) Zone in the Urban Design Area as identified in Schedule "F",
Urban Design Form Based Code Map, any new main building or any addition to any main building
shall conform to the Urban Design Standards Form Based Planning Codes set out in Sections 17.11
through 17. 18 of this By-law.
17.10 Urban Design Standards - Exterior Materials
Any exterior siding materials on any new main building; any exterior siding materials on any
addition to any main building; or any change or alteration in the exterior siding materials of any
existing main building located within the Urban Design Area as identified on Schedule "F", Urban
Design Form Based Code Map, that are visible from any public or semi-public area, including but
not limited to streets, public property, public and private parking lots or any area outside a
building that is considered to be in the public realm or otherwise accessible to the public shall be
made in such a fashion to look similar in nature to the materials outlined below. The use of metal
siding or vinyl siding or the use of any siding material that looks like metal or vinyl shall be strictly
prohibited. Metal roofs, metal doors or windows, and/or vinyl doors or windows shall be
permitted.
Siding materials shall be limited to the following materials or otherwise be made to look similar
to the following materials:
* brick or composite material to look like brick;
* tinted, textured, concrete masonry units or composite material to look like concrete
masonry units;
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* sandstone and other native stone or composite material to look like stone;
* wood clapboard (horizontal or vertical boards including vertical board and batten) or
shingles or composite material to look like wood clapboard or shingles; or,
* a combination of material types as listed above.
The following list of prohibited material is not an all-inclusive list but rather a list of materials that
indicates those siding materials and similar types of siding materials that shall be prohibited:
* plywood, chip-board, oriented strand board (OSB), fiberboard, particle board and similar
types of materials;
* gravel aggregate materials and similar types of materials;
* stucco materials and similar types of materials;
* smooth-faced concrete block and similar types of materials;
* tilt-up concrete panels and similar types of materials;
* pre-fabricated steel panels, metal panels, or aluminum panels and similar types of
materials;
* plastic siding and similar types of materials;
* vinyl siding and similar types of materials;
* darkly tinted or mirrored glass and similar types of materials;
* glass block and similar types of materials; and
* concrete block and similar types of materials.
17.11 Building Height
The following building height requirements shall apply within the Urban Design Area as identified
on Schedule "F", Urban Design Form Based Code Map:
(1) All new main buildings and any addition to any main building shall be a minimum of
two (2) storeys in height if both directly abutting neighbouring buildings facing the
same street are two (2) storeys or more.
(2) All new main buildings and any addition to any main building may be one (1) storey if
one (1) of the directly abutting neighbouring buildings facing the same street is one (1)
storey in height.
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(3) If the development is an addition to an existing one (1) storey main building, the
addition's height may match the existing height of the existing main building.
(4) If the development is located at a corner of a street intersection of either an open or
closed street, the height may be one (1) storey or more.
(5) If the development is located immediately abutting a vacant lot along Main Street,
the height may be one (1) storey or more.
17.12 Building Roof Design
The following building roof design requirements shall apply within the Urban Design Area as
identified on Schedule "F", Urban Design Form Based Code Map:
(1) Any new main building roof design and any renovation to any existing main building roof
design shall incorporate a flat roof, hip roof or gable roof design. All roofs shall be
designed in such a fashion as to provide a horizontal roof edge along Main Street. In the
case of a gable roof design, the gable end shall not face Main Street. Notwithstanding, a
roof parapet extending above the roof peak is considered appropriate provided the top
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horizontal roof edge of the parapet matches the height or cornice line of one (1) of the
immediately abutting main buildings, should there be one.
(2) Notwithstanding subsection (1) above, gable end roof designs facing Main Street may be
used provided the height of the eaves along the front facade from grade level to the eave,
matches on both sides of the front (Main Street) facade elevation and are connected by
a horizontal cornice line that matches the height or cornice line of one (1) of the
immediately abutting main buildings, should there be one.
17.13 Building Height Set-back above Three (3) Storeys
In the Urban Design Area as identified on Schedule "F", Urban Design Form Based Code Map, all
new main buildings and any addition to any main building greater than three (3) storeys in height
shall have the fourth (4th) storey and any consecutive storeys above the fourth (4th) storey
stepped back from the front wall or flanking wall of the building a distance of at least 3.05 m (10
ft). Notwithstanding, a one (1) storey cupola, turret, steeple, belfry, spire, tower or other similar
architectural features may be developed on either side (not both) or in the centre of the
building's facade elevation provided its length along the building's facade does not exceed
twenty-five (25%) percent of the length or width of the building's facade along the street.
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Set-back Third Storey and Higher Diagram
Set-back Third Storey and Higher Diagram
Note: Upper level set-backs, otherwise known as step-backs, are a useful design solution to
maintain a consistent street wall and help to minimize the visual presence of upper levels, as well
as reducing their impact on sunlight penetration to street level.
17.14 Building Placement
The following building placement requirements shall apply within the Urban Design Area as
identified on Schedule "F", Urban Design Form Based Code Map:
(1) All new main buildings and any addition to any main building shall have a zero (0) front
yard set-back and a zero (0) flanking yard set-back.
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(2) Notwithstanding subsection (1) of this Section, all new main buildings and any addition
to any main building may match or otherwise have a smaller front yard set-back and/or
a smaller flanking yard set-back than the front yard set-back and flanking yard set-backs
of directly abutting neighbouring buildings facing the same street.
(3) All new main buildings and any addition to any main building shall have each storey (up
to the third storey) occupy at least seventy-five (75%) percent of the build-to plane. The
build-to plane is a vertical plane that extends upwards on a per storey bases from grade
level of the front lot line or flanking lot line to the top of the first, second or third storey
level, as the case may be.
Build-to Plane Diagram
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Build-to Plane Diagram
17.15 Building Orientation - Windows and Doors
The following building orientation (windows and doors) requirements shall apply within the
Urban Design Area as identified on Schedule "F", Urban Design Form Based Code Map:
(1) All new main buildings and any addition to any main building shall feature at least one
(1) pedestrian entrance that is oriented to Main Street. This pedestrian entrance shall
be barrier free and located at the same grade as the sidewalk. Split-level, raised or
sunken entrances along Main Street shall be permitted only where it is required to
accommodate existing grade.
a) All new entrances and alterations to entrances shall be designed in such a manner
as to extend the public realm (sidewalk) area by incorporating such features as:
I. The primary facade be facing the street and not have opaque or reflective
glazing;
II. The entrance may be recessed from the sidewalk by up to 10 feet;
III. A bulkhead may be used to transition between the opening(s) and the
adjacent grade; and,
IV. Awnings shall be located at least 2.4m (8ft) above the adjacent sidewalk
and may project for the width of the sidewalk to a maximum
encroachment of 1.2m (4ft) for a stationary awning and 1.8m (6ft) for a
retractable awning.
(2) All new main buildings and any addition to any main building shall not incorporate
"blank" walls at street level. All new main buildings and any addition to any main
building shall incorporate facade design features such as windows that are consistent
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with the style, configuration and rhythm pattern of windows located on directly abutting
neighbouring buildings facing the same street. New windows shall reinforce any
established width to height ratios or any established pattern in terms of window
placement, both in relation to grade and in relation to other windows that are exhibited
by neighbouring structures along the same street. Above the first storey, windows shall
be vertically oriented and aligned above each other from storey to storey.
Window and Door Placements Diagram
Window and Door Placements Diagram
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Window and Door Placements Diagram
Window and Door Placements Diagram
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Window Orientation Diagram
Window Orientation Diagram
(3) Any change or alteration in the exterior appearance of any existing building located
within the Urban Design Area as identified on Schedule "F", Urban Design Form Based
Code Map, shall be in compliance or otherwise be closer to compliance with subsection
(1) and subsection (2) of this Part.
17.16 Building Form
The following building form requirements shall apply within the Urban Design Area as identified
on Schedule "F", Urban Design Form Based Code Map:
(1) Where a new main building or any addition to a main building directly abuts two (2)
neighbouring buildings on either side, the new infill development's first storey datum
line (the height of intermediate cornice line or frieze board or separation space between
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the first and second storey) shall match or otherwise be consistent with the immediately
abutting neighbouring buildings.
First Storey Datum Line Diagram
First Storey Datum Line Diagram
(2) Where a new main building or any addition to any main building exceeds the height of
neighbouring buildings a cornice detail shall be incorporated into the building's facade
to reinforce any established standard with respect to building height as represented by
the directly abutting neighbouring buildings facing Main Street. The cornice detail line
shall be extended from the abutting buildings through the new facade. The building's
cornice detail (top of the building or otherwise a horizontal facade member) shall be
distinct and defined by either a horizontal projection or a series of projections from the
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plane of the wall surface; a contrasting change in colour; or, a change in pattern or
texture from the wall surface.
Cornice Detail Line Diagram
Cornice Detail Line Diagram
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Cornice Detail Line Diagram
Note: The cornice is the topmost projecting part of a façade, typically detailed with a decorative
moulding. The cornice line is the extended horizontal definition of the building that indicates where
the façade ends and the roof begins. When abutting buildings have a continuous cornice line they
result in a harmonious street wall. The maintenance of the cornice height creates a consistent
street wall height and reinforces the "frame" of the public street.
(3) Where a new main building or any addition to any main building creates a longitudinal
form in relationship to immediately abutting buildings facing Main Street, the building's
facade shall be broken into vertical bays of similar shape and style to those abutting
buildings facing Main Street in order to maintain the street wall rhythm.
Vertical Bay Diagram - Maintain Street Rhythm
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Note: The idea of rhythm on a building's facade or along a street wall makes reference to the
recurrence at regular intervals of vertical design elements that help structure their visual character
and definition. It creates a rhythm for the street that speaks to a certain scale and helps maintain
a consistency as one travels along the street.
(4) Any change or alteration in the exterior appearance of any existing building located
within the Urban Design Area as identified on Schedule "F", Urban Design Form Based
Code Map, shall be in compliance or otherwise be closer to compliance with subsection
(1), subsection (2) and subsection (3) of this Part.
17.17 Miscellaneous Equipment, Storage, Parking and Loading Provisions
The following provisions shall apply within the Urban Design Area as identified on Schedule "F",
Urban Design Form Based Code Map:
(1) Parking areas or entrances, loading areas or entrances, storage areas or entrances to
storage areas, delivery areas or entrances and garbage/recycling pick-up areas or
entrances shall not be prominently placed along Main Street.
(2) Heating, venting, air conditioning vents or equipment and similar items shall not be
prominently displayed along Main Street.
(3) Utilities such as but not limited to telephone, power, cable, satellite dishes and similar
items shall not be prominently displayed along Main Street.
(4) Roof top mechanical equipment shall not be prominently displayed along Main Street
and shall be integrated into the architectural design of the building. Mechanical rooms,
elevators and stairway head-houses (penthouse) should be incorporated into a single
well-designed roof top structure that is set-back (step-back) from the built-to plane
along Main Street.
17.18 Waiver of Urban Design Standards (Form Based Planning Codes) by Development
Agreement
In the Downtown Commercial (C-1) Zone, Municipal Planning Strategy Commercial Policy 5.24
and 5.25 enables developments that do not meet the Urban Design Standards (Form Based
Planning Codes) to be considered by Development Agreement.
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Part 18 - Downtown Transition Zone (DTZ)
18.1 Permitted Uses
In the Downtown Transition Zone (DTZ), no Development Permit shall be issued except for one
or more of the following uses:
* Personal Service Shops;
* Business Offices;
* Professional Offices;
* Internet Web Site Development;
* Municipal, Provincial and Federal Government Offices;
* Public Parks;
* Institutional Uses;
* Nurseries;
* Medical Clinics;
* Guest Homes (Maximum of six (6) rental bedrooms or suites);
* Coffee and Tea Shops (Eat in only - inside or outside eating);
* Antique Shops;
* Art Galleries;
* Inns with Function Room Facilities (Maximum of eight (8) bedrooms or suites);
* Convention Centres;
* Restaurants (excluding drive-in, drive-thru); and,
* Residential dwelling units up to a maximum of four (4) units per lot.
18.2 Zone Requirements
In a Downtown Transition Zone (DTZ) Zone, no Development Permit shall be issued except in
conformity with the following:
Minimum Lot Area
750.0 m2 8,000 ft2
Minimum Lot Frontage
21.3 m
70 ft
Minimum Front Yard
6.1 m
20 ft
Minimum Flanking Yard
4.6 m
15 ft
Minimum Rear Yard
6.1 m
20 ft
Minimum Side Yard
3.0 m
10 ft
Maximum Height of Main Building
10.7 m
35 ft
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18.3 Parking Lots
In a Downtown Transition Zone (DTZ), no Development Permit shall be issued for any parking
space (required or not) unless all parking spaces have a minimum set-back of 2 m (6.6 ft) from
any common lot line abutting any residentially (R-1, R-2, R-3) zoned property. All parking spaces
shall be screened from any public view along any public street either by fencing or by other
landscaping means to soften the visual impact of the parking areas from any public street.
18.4 Parking in Front Yard Prohibited
(1) In a Downtown Transition Zone (DTZ), no parking space (required or not) shall be located
in the front yard, flanking yard or otherwise located between any main building and any
public street.
(2) Notwithstanding 5.25, where any addition to an existing building or structure or the
construction of a new building or structure creates a new dwelling unit, one (1) off-street
parking space for each newly created dwelling unit may be provided and maintain
ed having unobstructed access to a public street or otherwise pay the cash-in-lieu
cash equivalent. The alteration of, renovation to or change in use within any existing
building shall be exempt from this requirement.
18.5 Visibility at Street Intersections - Corner Vision Triangle
On a corner lot in the Downtown Transition Zone (DTZ), a fence, sign, hedge, shrub, bush, tree or
any structure or vegetation shall not be erected or permitted to grow to a height of greater than
1.2 m (4 ft) above the grade of the street that abut the lot within the triangular area included
within both street lines for a distance of 6.1 m (20 ft) from their point of intersection.
18.6 Multiple Main Buildings
Nothing in this By-law shall prohibit the construction of more than one (1) main building on any
lot in the Downtown Transition Zone (DTZ) provided:
(1) That the minimum separation distance between main buildings shall be 6.1 m
(20 ft) or is otherwise an existing building as defined in this By-law;
(2) That all other requirements of this By-law are satisfied.
18.7 Accessory Buildings DTZ Zones
A maximum of two (2) accessory buildings may be erected or placed on a Downtown Transition
Zone (DTZ) zoned lot provided:
(1) They shall not be used for human habitation;
(2) It shall not be located in the front yard except under the following conditions:
i.
Less than fifty percent (50%) of the accessory building extends into the front yard;
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ii.
there is only one accessory building that extends into the front yard that shall not
exceed 20 m2 (215 ft2); and,
iii.
the side and rear yards of the lot are not adequately sized for accessory buildings,
or easily accessible.
(3) They shall not be located closer than 4.6 m (15 ft) to any public street (open or closed);
(4) They shall not be located closer than 0.6 m (2 ft) to any side yard lot line;
(5) They shall not be located closer than 0.6 m (2 ft) to any rear yard lot line;
(6) They shall not exceed 4.6 m (15 ft) in height;
(7) They shall not exceed a combined floor area of 140 m2 (1507 ft2) or ten (10%) percent
of the total lot area, whichever is the lesser.
(8) They shall not be located closer than 1.8 m (6 ft) to any main building or accessory
building;
(9) They shall not have any building elevation more than twice the length of its shortest
building elevation; and,
(10) They shall be strictly used exclusively for accessory uses to the main uses located on
the same lot.
18.8 Restriction on Open Storage, Outdoor Displays and Utility Structures
The following restrictions shall apply to open storage and outdoor displays in the Downtown
Transition Zone (DTZ):
(1) No outdoor displays shall be permitted.
(2) Any open storage including any garbage, recycling or compost receptacles and utility
structures including but not limited to fuel tanks, air conditioning units, compressors,
transformers, heat pumps, propane tanks, power generators and similar devises shall:
a) Be wholly enclosed within a 1.8 m (6 ft) high opaque fence or otherwise be
screened from public view from any public street with sufficient landscaping
materials;
b) Not exceed the height elevation of the opaque fence or the landscaping material
as the case maybe;
c) Not be located in the front yard, flanking yard or otherwise located between any
main building and any public street;
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d) Not be located closer than 2 m (6.6 ft) from any common lot line abutting any
residentially (R-1, R-2, R-3) zoned property;
e) Be strictly accessory to the main use located on the same lot;
f) Not exceed ten (10%) percent of the total lot area; and,
g) Be clean and maintained in a tidy state at all times.
18.9 Special Architectural Restrictions DTZ Zone
No exterior alterations to any existing main building shall be made which would change the
"residential" appearance of the building. Construction of any new building within the Downtown
Transition Zone (DTZ) shall have the appearance of a "residential" structure rather than a
"commercial" structure in such a fashion to be compatible with the adjacent and nearby
residential properties.
18.10 Minimum Main Building Width - Architectural Design Features
No main building located within the Downtown Transition Zone (DTZ) shall have a width between
any two (2) main walls of less than 6.1 m (20 ft). For the purpose of this Part, a main wall is any
exterior wall of the building running a linear distance of fifty (50%) percent or more of the overall
length or width of the building.
18.11 Parking of Commercial Motor Vehicles
No motor vehicle used for commercial purposes such as ambulances, hearses, motor buses,
tractors, trailers or tractor/trailer combined, vans exceeding a gross vehicle weight of 2,268 kg
(5,000 pds), transport trucks, dump trucks, backhoes, front end loaders, construction vehicles
and other similar vehicles, whether or not same contains commercial licences or signage shall be
parked or kept along any Downtown Transition (DTZ) zoned street. The maximum number of
commercial vans not exceeding a gross vehicle weight of 2,268 kg (5,000 pds) which may be
parked or kept on any Downtown Transition Zone (DTZ) lot shall be one (1) provided the vehicle
is owned or operated by the occupant and parked or kept at the side or rear of the main building.
Commercial vans not exceeding a gross vehicle weight of 2,268 kg (5,000 pds) parked or kept on
any Downtown Transition Zone (DTZ) street shall not be regulated pursuant to this By-law.
18.12 Transportation Vehicles and/or Shipping Containers Use Prohibited
(1) No automobile, recreational trailer, camper, truck, bus, coach body, truck body,
mobile classroom, mobile storage compartment, tractor, trailer, or tractor trailer
combined, including any plane, train, boat, construction vehicle, shipping container,
transport vehicle, transport container, cargo container or any other similar type of
structure or enclosure shall be used as a main or accessory building in the Business
Downtown Transition Zone (DTZ), whether or not same is mounted on wheels or on a
foundation.
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(2) Notwithstanding Part 18.12 (1), a recreational trailer may be sited on a lot and used
for human habitation purposes provided the use does not exceed thirty (30) days in any
calendar year.
18.13 Drive-thrus Prohibited
Drive-thrus shall be prohibited in the Downtown Transition Zone (DTZ).
18.14 Conflict with Architecturally Sensitive (A-S) Area
Where there is a conflict between the provisions of the Downtown Transition Zone (DTZ) and the
Architecturally Sensitive (A-S) area, the higher or more stringent regulation shall prevail.
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Part 19 - General Commercial (C-2) Zone
19.1 C-2 Zone Uses Permitted
In the General Commercial (C-2) Zone, no Development Permit shall be issued except for one (1)
or more of the following uses:
*
Art Galleries;
*
Automobile Sales Establishments;
*
Automobile Service Stations;
*
Banks and Financial Institutions with 200 square feet or less in commercial floor area
per lot;
*
Car Wash Facilities (drive-in or drive-thru);
*
Community Markets;
*
Construction Trade and Contractors (fully contained within the buildings)
*
Convenience Stores and Grocery Stores;
*
Cultivating and processing including value added production for the wholesale and
retail market provided operations are conducted and contained within a wholly
enclosed building; are not obnoxious by reason of sound, dust, fumes, smoke or other
emissions, refuse matters or water carried wastes; and the property does not front on
Starrs Road and is located more than one hundred meters (100m) from a Residential
Zone;
*
Cultivation and processing within wholly enclosed buildings, excluding the cultivation
of marijuana;
*
Emergency Response Centres;
*
Food Trucks;
*
Heavy Service Shops;
*
Hotels, Motels and Hostels;
*
Internet Web Site Development;
*
Laundromats;
*
Light Service Industries Within Wholly Enclosed Buildings;
*
Light Service Shops;
*
Micro-breweries, micro-distilleries, micro-wineries, and similar craft beverage
production uses.
*
Parking Lots and Parking Structures;
*
Personal Service Shops;
*
Places of Entertainment, Recreation, Fitness and Assembly within wholly enclosed
buildings;
*
Private Utility Offices and Work Yards;
*
Public Utility Offices and Work yards;
*
Restaurants (including drive-in or drive-thru);
*
Retail Shops;
*
Taverns, Lounges and Cabarets;
*
Taxi and Bus Stations;
*
Television Production Studios;
*
Veterinarian Clinics within wholly enclosed single-occupancy buildings;
*
Wholesale, Distribution and Warehousing;
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19.2 C-2 Zone Requirements
In the General Commercial (C-2) Zone, no Development Permit shall be issued except in
conformity with the following:
Minimum Lot Area
2788.5 m2 (30,000 ft2)
Minimum Lot Frontage
53.4 m (175 ft)
Minimum Rear Yard
9.2 m (30 ft)
Minimum Side Yard
6.1 m (20 ft)
Minimum Flanking Yard
18.3 m (60 ft)
Maximum Height of Main Building
10.7 m (35 ft)
19.3 Special Set-Back Requirements - C-2 Zone
Any permitted C-2 use with an area of ten thousand (10,000 ft2) square feet or less in gross floor
area may be constructed at the street line for front and flanking yards but shall not be set back
more than thirty feet (30 ft) from the street line, subject to site plan approval.
For any permitted C-2 use with an area of ten thousand (10,000 ft2) square feet or less in gross
floor area, the minimum permitted Lot Area shall be 1858.00 m2 (20,000 ft2). The minimum side
yard shall be 4.6 m (15 ft). All other lot requirements are unchanged.
19.4 C-2 Uses Permitted by Development Agreement
(1) Municipal Planning Strategy Commercial Policy 5.36 provides that any permitted
General Commercial (C-2) use which exceeds 4645.8 m2 (50,000 ft2) or more in gross
commercial floor area or where an addition to an existing building creates more than
4645.8 m2 (50,000 ft2) in gross commercial floor area may be considered only by
Development Agreement pursuant to Section 225 of the Municipal Government Act
subject to a traffic study and subject to general conformity with criteria contained in
Implementation Policies 10.8 and 10.9. The alteration of, renovation to or change in
use within any existing building shall be exempt from this requirement.
(2) Municipal Planning Strategy Commercial Policy 5.36(B) provides that live adult
entertainment uses may be considered only by Development Agreement in the
General Commercial (C-2) Zone pursuant to Section 225 of the Municipal Government
Act subject to general conformity with the criteria contained in the Municipal Planning
Strategy.
19.5 C-2 Zone Screening Requirements
Where a General Commercial (C-2) Zone abuts a Low Density Residential (R-1) or a Medium
Density Residential (R-2) Zone within the Residential designation, opaque fencing no less than
1.8 m (6 ft) in height or a 3.05 m (10 ft) wide landscaped strip with a growth and/or landscaped
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screen not less than 1.8 m (6 ft) in height is erected along the entire length of the abutting lot
line. In the case of providing a landscaped strip, such strip shall be open and unobstructed by any
building, parking, loading area, open storage or outdoor display.
19.6 Loading Space Requirements
For every building or structure to be erected, occupied, or enlarged, or where there is a change
in use to a building or structure in the General Commercial (C-2) Zone, one (1) on-site loading
space shall be provided and maintained for every 1859.0 m2 (20,000 ft2) or fraction thereof of
gross commercial floor area excluding hallways, aisles, vestibules, washrooms and closets to a
maximum of six (6) loading spaces per lot.
19.7 Visibility at Street Intersections - Corner Vision Triangle
On a corner lot in the General Commercial (C-2) Zone, a fence, sign, hedge, shrub, bush, tree or
any structure or vegetation shall not be erected or permitted to grow to a height of greater than
1.2 m (4 ft) above the grade of the streets that abut the lot within the triangular area included
within both street lines for a distance of 6.1 m (20 ft) from their point of intersection.
19.8 Drive-thrus
Any use in the General Commercial (C-2) Zone may develop drive-thrus provided all requirements
of this Land Use By-law are satisfied.
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Part 20 - General Commercial Main Street (C-2M) Zone
20.1 C-2M Zone Uses Permitted
In the General Commercial Main Street (C-2M) Zone, no Development Permit shall be issued
except for one or more of the following uses:
* All General Commercial (C-2) uses;
* Residential dwelling units up to a maximum of eight (8) units per lot; and
* Cultivation and processing within wholly enclosed buildings, excluding the cultivation
of marijuana.
20.2 C-2M Zone Requirements
In the General Commercial Main Street (C-2M) Zone, no Development Permit shall be issued
except in conformity with the following:
Maximum Height of Main Building
10.7 m (35 ft)
20.3 Special Set-Backs - C-2M Zone
No building shall be located closer than 7.6 m (25 ft) to any public right-of-way or street, whether
deemed open (maintained) or closed (not maintained). In the case of any C-2M use in excess of
2322 m2 (25,000 ft2), the minimum set-back shall be 15.2 m (50 ft) from any public right-of-way
or street, whether deemed open (maintained) or closed (not maintained).
20.4 C-2M Uses Permitted by Development Agreement - Main Street
(1) Municipal Planning Strategy Commercial Policy 5.34 provides that any permitted
General Commercial Main Street (C-2M) use which exceeds 2322.5 m² (25,000 ft²) or
more in gross commercial floor area or where an addition to an existing building creates
more than 2322.5 m² (25,000 ft²) in commercial floor area may be considered only by
development agreement pursuant to Section 225 of the Municipal Government Act
subject to a traffic study and subject to general conformity with criteria contained in
Implementation Policies 10.8 and 10.9. The alteration of, renovation to, or change in use
within any existing building shall be exempt from this requirement.
(2) Municipal Planning Strategy Policy 5.40 provides that Council may consider High
Density Residential (R-3) uses (more than eight (8) units) on any property designated
General Commercial and Zoned General Commercial Main Street (C-2M) uses by
Development Agreement.
20.5 C-2M Zone Screening Requirements
Where a General Commercial Main Street (C-2M) Zone abuts a Low Density Residential (R-1) or
a Medium Density Residential (R-2) Zone within the Residential designation, opaque fencing no
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less than 1.8 m (6 ft) in height or a 3.0 m (10 ft) wide landscaped strip with a growth and/or
landscaped screen not less than 1.8 m (6 ft) in height is erected along the entire length of the
abutting lot line. In the case of providing a landscaped strip, such strip shall be open and
unobstructed by any building, parking, loading area, open storage or outdoor display.
20.6 Loading Space Requirements
For every building or structure to be erected, occupied, or enlarged, or where there is a change
in use to a building or structure in the General Commercial Main Street (C-2M) Zone, one (1) on-
site loading space shall be provided and maintained for every 1859.0 m2 (20,000 ft2) or fraction
thereof of gross commercial floor area excluding hallways, aisles, vestibules, washrooms and
closets to a maximum of six (6) loading spaces per lot.
20.7 Visibility at Street Intersections - Corner Vision Triangle
On a corner lot in the General Commercial Main Street (C-2M) Zone, a fence, sign, hedge, shrub,
bush, tree or any structure or vegetation shall not be erected or permitted to grow to a height of
greater than 1.2 m (4 ft) above the grade of the streets that abut the lot within the triangular
area included within both street lines for a distance of 6.1 m (20 ft) from their point of
intersection.
20.8 Drive-thrus
Any use in the General Commercial Main Street (C-2M) Zone may develop drive-thrus provided
all requirements of this Land Use By-law are satisfied.
20.9 C-2M Zone Parking Requirements - Residential Uses
Where any addition to an existing building or structure or the construction of a new building or
structure creates a new dwelling unit, one (1) off-street parking space for each newly created
dwelling unit may be provided and maintained having unobstructed access to a public street or
otherwise pay the cash-in-lieu cash equivalent. The alteration of, renovation to or change in use
within any existing building shall be exempt from this requirement.
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Part 21 - Secondary Commercial (C-3) Zone
21.1 C-3 Zone Uses Permitted
In the Secondary Commercial (C-3) Zone, no Development Permit shall be issued except for one
(1) or more of the following uses:
* Art Galleries;
* Retail Shops;
* Community Markets;
* Wholesale Shops;
* Convenience and Grocery Stores;
* Restaurants (including drive-in or drive-thru);
* Institutional Uses;
* Medical Clinics;
* Light Service Shops;
* Light Service Industries within wholly enclosed buildings;
* Personal Service Shops;
* Internet Web Site Development;
* Places of Recreation, Fitness and Assembly within wholly enclosed buildings;
* Public Parks;
* Hotels, Motels and Hostels;
* Automobile Service Stations;
* Taxi and Bus Stations;
* Parking Lots and Parking Structures;
* Residential Dwelling Units up to a maximum of eight (8) units per lot;
* Laundromats;
* Accessory uses excluding taverns, lounges and cabarets; and,
*
Cultivation and processing within wholly enclosed buildings, excluding the cultivation
of marijuana.
21.2 C-3 Zone Requirements
In the Secondary Commercial (C-3) Zone, no Development Permit shall be issued except in
conformity with the following requirements:
Minimum Lot Area
464.5 m2 (5,000 ft2)
Minimum Lot Frontage
12.2 m (40 ft)
Minimum Front Yard
3.0 m (10 ft)
Minimum Rear Yard
3.0 m (10 ft)
Minimum Flanking Yard
3.0 m (10 ft)
Maximum Height of Main Building
10.7 m (35 ft)
21.3 Uses Permitted by Development Agreement
120
The following uses shall only be considered by Development Agreement in the Secondary
Commercial (C-3) Zone:
(1) Notwithstanding anything else in this Part, Commercial Policy 2.3.6 of the Municipal
Planning Strategy provides that any new commercial activity within the C-3 Zone which
exceeds 371.6 m2 (4,000 ft2 ) of gross commercial floor area or where an addition to an
existing building creates more than 371.6 m2 (4,000 ft2) of gross commercial floor area
may be considered only by Development Agreement pursuant to Section 225 of the
Municipal Government Act and subject to general conformity with criteria contained in
Implementation Policy 7.8 and 7.9. The alteration of, renovation to or change in use
within any existing building shall be exempt from this requirement.
(2) Notwithstanding anything else in this Part, Commercial Policy 2.3.7 of the Municipal
Planning Strategy provides that taverns, lounges and cabarets with a maximum area of
92.9 m2 (1,000 ft2) may be considered for development only in the south end Secondary
Commercial (C-3) Zone (Argyle, Main Streets intersection area) by Development
Agreement.
(3) Any alteration, change in use, addition or new building within the C-3 Zone for the
purpose of establishing a kennel, for day-boarding and training facilities.
(4) Notwithstanding anything else in this Part, Policy 5.54 of the Municipal Planning
Strategy provides that High Density Residential (R-3) uses containing more than eight (8)
units per lot may be considered by Development Agreement.
21.4 Visibility at Street Intersections - Corner Vision Triangle
On a corner lot in the Secondary Commercial (C-3) Zone, a fence, sign, hedge, shrub, bush, tree
or any structure shall not be erected or permitted to grow to a height of greater than 1.2 m (4ft)
above the grade of the streets that abut the lot within the triangular area included within both
street lines for a distance of 3.0 m (10 ft) from their point of intersection. This provision shall not
apply above the height of 3.0 m (10 ft) above grade of the street at the point of intersection.
121
Part 22 - Local Commercial C-4 Zone
22.1 C-4 Zone Permitted Uses
No Development Permit shall be issued in the Local Commercial (C-4) Zone except for one or
more of the following uses.
* Residential Dwelling Units up to a Maximum of Two (2) Units Per Lot;
* Convenience Stores up to 500 Square Feet of Gross Commercial Floor Area;
* Personal Service Shops up to 500 Square Feet of Gross Commercial Floor Area.
22.2 C-4 Zone Requirements
In the Local Commercial (C-4) Zone, no Development Permit shall be issued except in conformity
with the following:
Minimum Lot Area
743.2 m2 (8000 ft2)
Minimum Lot Frontage
18.3 m (60 ft)
Minimum Front Yard Set-back
6.1 m (20 ft)
Minimum Rear Yard Set-back
6.1 m (20 ft)
Minimum Side Yard Set-back
3.05 m (10 ft) on both sides
Minimum Flanking Yard Set-back
4.6 m (15 ft)
Maximum Height of Main Building
10.67 m (35 ft)
22.3 Accessory Building
Nothing in this By-law shall prohibit the construction or erection of two (2) accessory buildings in
any Local Commercial (C-4) Zone provided that the accessory buildings(s) satisfies the following:
(1) shall not be used for human habitation;
(2) shall not be located in the front yard;
(3) shall not be located in the required flanking yard;
(4) shall not be located closer than 0.6 m (2 ft) to any common lot boundary or street
right-of-way;
(5) shall not be located closer than 1.8 m (6 ft) to any other main or accessory building;
(6) the total square footage for all accessory buildings shall not exceed ten (10%) percent
of the total lot area to a maximum of 140 m2 (1,500 ft2 ) in gross floor area; and,
(7) shall satisfy all other requirements of this By-law.
22.4 Uses Permitted by Development Agreement
122
In accordance with section 5.55 of this Land Use Bylaw, the following uses, with a maximum
combined area of 278.7m2 (3,000 ft2), may only be considered by Development Agreement:
(1) Convenience stores (when in excess of 500ft2;)
(2) Personal service shops (when in excess of 500ft2); and
(3) Restaurants (eat-in only), accessory uses thereto including lounges and outdoor
cafés and any other non-residential use to encourage adaptive reuse of existing
buildings.
22.5 Use Rules
Unless otherwise provided in a Development Agreement:
(1) A restaurant may include an accessory lounge and an outdoor café.
(2) Lounges and outdoor cafés may be only permitted in conjunction with a restaurant.
(3) The total combined public area of a lounge and an outdoor cafe shall not exceed the
total public area of a restaurant.
For the purposes of this section:
a) an outdoor café is where food or beverages are served or offered for sale for
consumption on a portion of premisses which are not contained fully within an
enclosed building; and
b) a public area means the floor area of a use that allows access to the public, but
does not include washrooms, hallways accessing washrooms or entrance
vestibules.
(4) Restaurants:
a)
must be fully contained within a building;
b)
must not have any openings, except emergency exits, loading bay doors or non-
opening windows, on a façade that shares a property line with a residential zone;
and
c)
must not have an exterior entrance located on a façade that faces a residential
zone, unless that façade is separated by an intervening street.
(5) Convenience stores, personal service shops, and restaurants (including any
accessory uses) and any other non-residential uses proposed to adaptively reuse existing
buildings:
a)
do not require on-site parking spaces when proposed use is located within an
existing building;
b)
require one (1) bicycle parking space per 23.2m2 (250sf2) of commercial floor
area; and
c)
shall comply with the applicable parking requirements of the Land Use Bylaw in
all other instances.
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Part 23 - Commercial Holding (C-H) Zone
23.1 Zone Prohibition of Development
In the Commercial Holding (C-H) Zone, no Development Permit shall be issued for any
development due to the prohibitive cost and prematurity of the provision of municipal sewer and
water services.
23.2 Preparing Land for Development
Notwithstanding Part 5.2, Part 21.1 and Part 21.4 of this By-law, a Development Permit may be
issued for the alteration of land within the Commercial Holding (C-H) Zone for the purposes of
preparing land for development subject to the provisions of Part 5.27.
23.3 Existing Residential Uses - Commercial Holding (C-H) Zone
Notwithstanding Part 21.1, a Development Permit may be issued for existing residential uses
subject to the Low Density Residential (R-1) Zone requirements and subject to general provisions
for all residential zones provided the lot is serviced with municipal sewer and water services and
conforms to Part 23.4 or otherwise has not had its lot area or lot frontage reduced.
23.4 C-H Zone Requirements
In the Commercial Holding (C-H) Zone, no Development Permit shall be issued except in
conformity with the following requirements:
Minimum Lot Area
2787 m2
30,000 ft2
Minimum Lot Frontage
53.3 m
175 ft
Minimum Front Yard
18.2 m
60 ft
Minimum Rear Yard
9.1 m
30 ft
Minimum Side Yard
6.1 m
20 ft
Minimum Flanking Yard
18.2 m
60 ft
Maximum Height
10.6 m
35 ft
23.5 Comprehensive Developments in C-H Zone
Notwithstanding Sections 23.1 through 23.4, large mixed use development may be permitted in
the C-H Zone by Development Agreement or site plan in accordance with the requirements of
the CD Comprehensive Development Zone, pursuant to Section 4.19 of the Municipal Planning
Strategy. Regulations pertaining to residential uses in a mixed-use development shall be the same
as those for areas zoned CD - Comprehensive Development.
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Part 24- General Provisions for All Commercial Industrial Zones
24.1 Commercial Industrial Zones Permitted Uses
The table below lists the uses permitted in all Commercial Industrial Zones. For conditio
ns associated with the uses, see the specific section referencing that zone. The table below is for
convenience; if there is a discrepancy between the table below and the zone, the zone
description shall prevail.
Commercial Industrial Zoning
CI-4
WCI-5
WCD
Art Galleries
-
Automobile Sales Establishments
-
Automobile Service Stations
-
Building Supply and Equipment Depots
-
Call Centres
-
Car Wash Facilities (drive-in or drive-thru)
-
Community Markets
-
-
Construction Trade and Contractors
-
Convenience Stores
-
-
Cultivating and Processing
-
Dwelling, Multi-Unit (up to 8 units)
-
Dwelling, Multi-Unit (up to 8 units) (with conditions)
-
Fish or Food Processing, Existing
-
Fishery-Related or Marine-related Industries
-
-
Emergency Response Centres
-
-
Exhibitions and Fairs
-
Grocery Stores
-
-
Hotels, Motels, and Hostels
-
Institutional Uses
-
-
Internet Website Development
-
-
Kennels, Boarding, and Training Facilities, see Section 5.58 for additional
requirements
-
Laundromats
-
-
Light Industries
-
-
Light Service Industries
-
-
Manufacturing or Industrial Assembly Operations (with conditions)
-
-
Open Air Cinema
-
Parking Lots and Parking Structures
-
-
Places of Entertainment, Recreation, Fitness and Assembly within wholly
Enclosed Buildings
-
-
Public Marinas and Wharves (excluding open storage or outdoor displays)
-
-
Public Utility Offices and Work Yards
-
Public Parks
-
Private Utility Offices and Work Yards
-
Private Marinas and Wharves (excluding open storage or outdoor displays)
-
Restaurants (including drive-in, drive-thru)
-
-
Restaurants, Existing
-
Shops, Light Service
-
-
Shops, Retail
-
-
Shops, Personal Service
-
-
Shops, Heavy Service
-
-
Short-term Rentals (See Section 5.61)
-
-
Sports Complexes
-
Taverns, Lounges and Cabarets
See
Zone
-
Taxi and Bus Stations
-
-
125
Transportation Facilities and Uses (including Airports)
-
Transportation Facilities and Uses (excluding Airports)
-
Water Dependent Uses
-
Wholesale Shops
-
-
Wholesale, Distribution, and Warehousing
-
24.2 Commercial Industrial Developments Abutting Residential Designation
Where a Commercial Industrial (CI-4), Waterfront Commercial Industrial (WCI-5), or Waterfront
Comprehensive Development (WCD) Zone abuts a Residential, Open Space or Institutional Zone
within the Residential Generalized Future Land Use Map designation, the following restrictions
shall apply:
(1) The minimum required abutting yard set-back for any main or accessory building shall
be 6.1 m (20 ft) or as otherwise required pursuant to the zone requirements, whichever
is greater;
(2) No open storage, outdoor display, parking or loading area shall be permitted within
the required abutting yard set-back except where a 1.8 m (6 ft) high opaque fence or a
3.0 m (10 ft) wide landscaped strip with a growth and/or landscaping not less than 1.8 m
(6 ft) in height is erected along the entire length of any abutting lot line and provided, in
the case of open storage or outdoor displays, that the height of such does not exceed the
height elevation of the opaque fence or growth and/or landscaping.
(3) In the case of providing a landscaped strip, such strip shall be open and unobstructed
by any building, parking, loading area, signage, open storage or outdoor display.
24.3 Visibility at Street Intersections - Corner Vision Triangle
On a corner lot in the Commercial Industrial (CI-4), Waterfront Commercial Industrial (WCI-5), or
Waterfront Comprehensive Development (WCD) Zone, a fence, sign, hedge, shrub, bush, tree, or
any structure shall not be erected or permitted to grow to a height greater than 1.2 m (4 ft) above
the grade of the streets that abut the lot within the triangular area included within both street
lines for a distance of 7.6 m (25 ft) from their point of intersection.
24.4 CI-4, WCI-5 and WCD Zone Parking Requirements
For every building or structure to be erected, occupied, or enlarged, or where there is a change
in use to a building or structure in the Commercial Industrial (CI-4), Waterfront Commercial
Industrial (WCI-5), or Waterfront Comprehensive Development (WCD) Zone on-site parking shall
be provided and maintained on the same lot as the use having unobstructed access to a public
street in conformity with the following schedule. For the sake of clarity, in a multiple-occupancy
building, each type of occupancy shall satisfy the parking requirements for each type of use
except those exceeding 4645 m2 (50,000 ft2) of gross commercial floor area per lot.
126
USE
PARKING REQUIREMENTS
Auditoriums, Theaters, Arenas, Halls,
Stadiums and other Places of Assembly
One (1) parking space for each 9.3 m2 (100 ft2)
or fraction thereof of gross floor area
excluding vestibules, washrooms, closets and
storage areas.
Hotels, Motels, Hostels and any Tourist
Accommodation
One (1) parking space per suite or rental unit
plus one (1) additional parking space for each
9.3 m2 (100 ft2) or fraction thereof of floor
area devoted to public use (including any
associated
taverns,
restaurants
or
auditoriums) excluding public vestibules,
public lobbies, public washrooms, public
hallways and storage areas.
Restaurants, Taverns, Lounges, Cabarets
One (1) parking space for each 7.0 m2 (75 ft2)
or fraction thereof of gross commercial floor
area
excluding
vestibules,
washrooms,
closets and storage areas.
Manufacturing, Warehouse, Warehousing
and Storage Uses
One (1) parking space for each 92.9 m2 (1000
ft2) or fraction thereof of gross floor area.
Retail Shops and other Commercial Uses
One (1) parking space for each 32.52 m2 (350
ft2) or fraction thereof of gross commercial
floor area, excluding vestibules, washrooms,
closets and storage areas.
CI-4 or WCI-5 Uses With 4645 m2 (50,000 ft2)
or More of Gross Commercial Floor Area Per
Lot.
Four (4) parking spaces for each 92.9 m2
(1,000 ft2) or fraction thereof of commercial
floor area excluding common mall area
between stores, vestibules, washrooms,
closets and storage areas. Warehousing
space shall provide one (1) parking space for
each 46.2 m2 (500 ft2) or fraction thereof of
gross floor area.
127
24.5 Loading Space Requirement
For every building or structure to be erected, occupied or enlarged, or where there is a change
in use to a building or structure in the Waterfront Commercial Industrial (WCI-5), Waterfront
Comprehensive Development (WCD) or Commercial Industrial (CI-4) zones, on-site loading space
shall be located on the same lot as the use and have unobstructed access to a public street and
shall be maintained at a ratio of one (1) loading space for each 1859 m2 (20,000 ft2 ) of gross floor
area, or fraction thereof, to a maximum of six (6) loading spaces excluding hallways, aisles,
vestibules, washrooms and closets..
24.6 Multiple Buildings on a Lot
In either the Commercial Industrial (CI-4), Waterfront Commercial Industrial (WCI-5), or
Waterfront Comprehensive Development (WCD) zones, nothing in this By-law shall prohibit the
construction of more than one (1) main building on a lot provided:
(1) That the minimum separation distance between main buildings shall be 6.1 m (20 ft);
(2) That all parking and loading requirements for each main building and/or use(s) are
satisfied; and,
(3) That all other requirements of this By-law are satisfied.
24.7 Accessory Buildings
Nothing in this By-law shall prohibit the construction or erection of more than one (1) accessory
building on a lot in the Commercial Industrial (CI-4), Waterfront Commercial Industrial (WCI-5),
and Waterfront Comprehensive Development (WCD) zones provided that the accessory
building(s):
(1) Shall not be used for human habitation;
(2) Shall not be located in the front yard, with the exception of properties in the
Commercial Industrial (CI-4) Zone which abut Starrs Road. Accessory buildings located in
the front yard shall meet the following requirements;
a) Exterior walls facing a public street must incorporate a minimum of forty
percent (40%) of the wall face with design features of visual interest (windows,
flower boxes, doors, shutters, canopies, etc.) so as to prevent a bare elevation;
b) May be constructed at the street line but shall not be set back more than thirty
feet (30ft.) from the street line subject to site plan approval.
(3) Shall not be located in the required flanking yard as specified in the zone requirements
for each zone, except for properties in the Commercial Industrial (CI-4) Zone which abut
Starrs Road. Accessory buildings located in the flanking yard shall meet the following
requirements:
128
a) Exterior walls facing a public street must incorporate a minimum of forty
percent (40%) of the wall face with design features of visual interest (windows,
flower boxes, doors, shutters, canopies, etc.) to prevent a bare elevation;
b) May be constructed at the street line but shall not be set back more than thirty
feet (30ft.) from the street line subject to site plan approval.
(4) Shall not be located closer than 3.0 m (10 ft) to any common lot boundary or closer
than 6.1 m (20 ft) to any public right-of-way, notwithstanding above policies 25.6(2) and
25.6(3);
(5) Shall not exceed 4.57 m (15 ft) in height;
(6) Shall not be located closer than 1.8 m (6 ft) to any other main or accessory building;
(7) The total square footage for all accessory buildings shall not exceed ten (10%) percent
of the total lot area to a maximum of 278.7 m2 (3,000 ft2) in gross floor area per lot; and,
(8) Shall satisfy all other requirements of this By-law.
24.8 Larger Accessory Buildings in the CI-4 Zone
Notwithstanding Part 25.6, nothing in this By-law shall prohibit the construction or erection of
more than one (1) accessory building on a lot in the Commercial Industrial (CI-4) Zone provided
the accessory building(s) satisfies the following:
(1) shall not be used for human habitation;
(2) shall not be located in the front yard;
(3) shall not be located in the required flanking yard;
(4) shall not be located closer than 6.1 m (20 ft) to any common lot boundary or street
right-of-way;
(5) shall not be located closer than 3.05 m (10 ft) to any other main or accessory building;
(6) shall not exceed 7.6 m (25 ft) in height;
(7) the total square footage for all accessory buildings shall not exceed ten (10%) percent
of the total lot area to a maximum of 743 m2 (8,000 ft2) in gross floor area;
(8) the total gross floor area of all accessory buildings shall not exceed fifty (50%) percent
of the total gross floor area of the main building; and,
(9) shall satisfy all other requirements of this By-law.
129
24.9 Special Requirement - Commercial Drive-Thru Restaurants
In the Commercial Industrial (CI-4), Waterfront Commercial Industrial (WCI-5), or Waterfront
Comprehensive Development (WCD) zones, nothing in this By-law shall prohibit the development
of a drive-thru restaurant on a lot provided that:
(1) All special requirements pertaining to Part 5.44 are satisfied; and,
(2) All other requirements of this By-law are satisfied.
130
Part 25 - Commercial Industrial (CI-4) Zone
25.1 CI-4 Uses Permitted
(1) In the Commercial Industrial (CI-4) Zone, no Development Permit shall be issued except
for one or more of the following uses:
* Retail Shops;
* Community Markets;
* Construction Trades and Contractors;
* Convenience Stores and Grocery Stores;
* Wholesale Shops;
* Light Service Shops;
* Personal Service Shops;
* Internet Web Site Development;
* Heavy Service Shops;
* Restaurants (including drive-in, drive-thru);
* Automobile Sales Establishments;
* Automobile Service Stations;
* Car Wash Facilities (drive-in or drive-thru);
* Wholesale, Distribution and Warehousing;
* Any Manufacturing or Industrial Assembly operations conducted and contained
within wholly-enclosed buildings and which are not obnoxious by reason of sound,
odor, dust, fumes or smoke or other obnoxious emissions or refuse matters or
water- carried wastes or by reason of unsightly open storage;
* Light Industries;
* Light Service Industries;
* Fishery-related or Marine-related Industry excluding any use which focuses
primarily on Fish or Food processing of raw unprocessed product;
* Transportation Facilities and uses including airports;
* Institutional uses;
* Exhibitions and Fairs;
* Kennels, Boarding and Training Facilities, see Section 5.58 for additional
requirements;
* Public Utility Offices and Work Yards;
* Private Utility Offices and Work Yards;
* Building Supply and Equipment Depots excluding the bulk storage of sand or
gravel;
* Taxi and Bus Stations;
* Places of Entertainment, Recreation, Fitness and Assembly within wholly enclosed
buildings;
* Sports Complexes;
* Emergency Response Centres;
* Laundromats;
* Parking Lots and Parking Structures;
* Taverns, Lounges and Cabarets only in the Hardscratch, Starrs Road and Haley
Road Commercial Industrial (CI-4) Zone. For clarity, Taverns, Lounges and Cabarets
131
uses shall be strictly prohibited in the Forest Street Commercial Industrial (CI-4)
zoned (former Forest Street Industrial Park) area;
* Cultivating and processing; and,
* Open Air Cinema (theatre).
(2) Notwithstanding Part 26.1 (A), residential units up to a maximum of eight (8) units per lot
may be established in the Forest Street Commercial Industrial (CI-4) zoned (former Forest
Street Industrial Park) area on the same property in combination with the following uses:
∗ Retail Shops;
∗ Community Markets;
∗ Convenience Stores and Grocery Stores;
∗ Wholesale Shops;
∗ Light Service Shops;
∗ Personal Service Shops;
∗ Internet Web Site Development;
∗ Wholesale, Distribution and Warehousing;
∗ Restaurants (including drive-in, drive-thru);
∗ Automobile Sales Establishments;
∗ Taxi and Bus Stations;
∗ Places of Entertainment, Recreation, Fitness and Assembly within wholly
enclosed buildings; and,
∗ Laundromats
25.2 (A) CI-4 Zone Requirements
In the Commercial Industrial (CI-4) Zone, no Development Permit shall be issued except in
conformity with the following:
Minimum Lot Area
2788.5 m2 (30,000 ft2)
Minimum Lot Frontage
45.8 m (150 ft)
Minimum Front Yard
12.2 m (40 ft)
Minimum Rear Yard
9.1 m (30 ft)
Minimum Side Yards
6.1 m (20 ft)
Minimum Flanking Yard
12.2 m (40 ft)
Maximum Height
10.7 m (35 ft)
25.2 (B) CI-4 Zone Requirements - Starrs Road and Haley Road
Notwithstanding Section 26.2 (A), the minimum permitted lot area for CI-4 lots facing Haley Road
and Starrs Road shall be 1858.00 m2 (20,000 ft2). The minimum side yard shall be 4.6 m (15 ft).
All other lot requirements are unchanged.
132
25.3 CI-4 Uses Permitted by Development Agreement
Municipal Planning Strategy Commercial Industrial Policy 3.2.4 provides that any permitted
Commercial Industrial (CI-4) use which exceeds 4645 m2 (50,000 ft2 ) or more in gross commercial
floor area or where an addition to an existing building creates more than 4645 m2 (50,000 ft2) in
gross commercial floor area may be considered only by Development Agreement pursuant to
Section 225 of the Municipal Government Act subject to a traffic study and subject to general
conformity with criteria contained in Policies 9.8 and 9.9. The alteration of, renovation to or
change in use within any existing building shall be exempt from this requirement.
25.4 Special Requirements - Automobile Service Stations
Nothing in this By-law shall prohibit the development of an automobile service station on a lot in
the Commercial Industrial (CI-4) Zone provided that:
(1) All special requirements pertaining to Part 16.3 are satisfied; and,
(2) All other requirements of this By-law are satisfied.
25.5 Restrictions on Open Storage or Outdoor Displays
The following restrictions shall apply to open storage and outdoor displays in the Commercial
Industrial (CI-4) Zone:
(1) No open storage shall be permitted in the front yard or flanking yard of any lot;
(2) No outdoor display shall be permitted within 1.5 m (5 ft) of the front or flanking lot
line;
(3) The area devoted to open storage or outdoor displays shall not exceed fifty (50%)
percent of the total lot area; and,
(4) The open storage and/or outdoor display shall be accessory to the main use located
on the same lot.
25.6 Drive-thrus
Any use in the Commercial Industrial (CI-4) Zone may develop drive-thrus provided all
requirements of this Land Use By-law are satisfied.
25.7 Open Storage and Outdoor Displays Prohibited
Notwithstanding anything else in this Part, open storage and outdoor displays associated with
marihuana shall be strictly prohibited.
133
Part 26 - Waterfront Commercial Industrial (WCI-5) Zone
26.1 WCI-5 Uses Permitted
* Water Dependent Uses;
* Existing Restaurants;
* All Commercial, including Retail and Offices, which are accessory to permitted uses.
26.2 WCI-5 Zone Requirements
In the Waterfront Commercial Industrial (WCI-5) Zone, no Development Permit shall be issued
except in conformity with the following:
Minimum Lot Area
929.5 m2
10,000 ft2
Minimum Lot Frontage
24.4 m
80 ft
Minimum Front Yard
Waived
Minimum Rear Yard
4.6 m
15 ft
Minimum Side Yards
4.6 m
15 ft
Minimum Flanking Yard
4.6 m
15 ft
Maximum Height of Main Building
10.7 m
35 ft
26.3 Yards Abutting Harbour
In a Waterfront Commercial Industrial (WCI-5) Zone, the minimum rear yard setback may be
waived where it directly abuts the Yarmouth Harbour.
26.4 WCI-5 Uses Permitted by Development Agreement
(1) Waterfront Commercial Industrial Policy 6.13 of the Municipal Planning Strategy
provides that any new commercial or industrial activities which exceeds fifteen
thousand (15,000 ft2) square feet of gross commercial floor area or where an addition
to an existing building creates more than fifteen thousand (15,000 ft2) square feet in
gross commercial floor area may be considered only by Development Agreement
pursuant to Section 225 of the Municipal Government Act and subject to general
conformity with criteria contained in Implementation Policies 9.8 and 9.9. The
alteration of, renovation to or change in use within any existing building shall be
exempt from this requirement.
(2) All uses permitted in the Downtown Commercial Zone (C-1) except Hotels, Motels,
and Residential Uses by Development Agreement pursuant to Section 225 of the
Municipal Government Act and subject to general conformity with criteria contained
in implementation policy 8.9 and further provided that:
- The use would not negatively impact on an existing water dependent use;
134
- The use would not prevent a water dependent use from expanding;
- The use would not remove existing public access to the waterfront; and,
- The use will not reduce current berthing space.
26.5 Protected Street Views of Yarmouth's Harbour
No development shall be located within the western prolongation of both street lines of the
following streets:
-
Brown Street - 13.72 m (45 ft) right-of-way
-
Central Street - 15.24 m (50 ft) right-of-way
-
Lovitt Street - 13.72 m (45 ft) right-of-way
The alteration of, addition to or change in use of any existing structure shall be exempt from this
requirement provided such development does not protrude further into the western
prolongation of said streets.
26.6 Street Displays
Notwithstanding anything else in this By-law, outdoor displays within street right-of-ways located
within the Waterfront Commercial Industrial (WCI-5) Zone may be permitted without a Municipal
Development Permit provided all other requirements of the Town's by-laws are satisfied.
26.7 Restriction on New Open Storage and Outdoor Display
No new open storage or outdoor displays shall be permitted within the Waterfront Commercial
Industrial (WCI-5) Zone except for commercial retail outdoor displays which are temporary in
nature and open storage and/or outdoor displays strictly accessory to a traditional fishing and
marine-related industry.
26.8 Restriction on Existing Open Storage and Outdoor Display
The following restrictions shall apply to existing open storage and outdoor display and those
permitted by Part 20.7:
(1) Open storage or outdoor displays shall not be permitted closer than 6.1 m (20 ft) to
any public right-of-way;
(2) The area devoted to open storage or outdoor displays shall not exceed fifty (50%)
percent of the lot area.
(3) The open storage or outdoor display shall be accessory to the main use located on the
same lot.
26.9 Existing Fish and Food Processing Plants - Special Provision
135
Notwithstanding anything in this Part, Municipal Planning Strategy Industrial Policy 6.15 provides
that existing fish and food processing plants located within the Waterfront Commercial Industrial
(WCI-5) Zone may expand beyond the limits of their current boundaries provided such lands are
consolidated with their existing lands.
136
Part 27 - Waterfront Comprehensive Development Zone (WCD)
27.1 WCD Uses Permitted
In the Waterfront Comprehensive Development (WCD) Zone, no Development Permit shall be
issued except for one or more of the following uses:
* Retail Shops;
* Community Markets;
* Convenience Stores and Grocery Stores;
* Wholesale Shops;
* Light Service Shops;
* Personal Service Shops;
* Heavy Service Shops;
* Internet Web Site Development;
* Call Centres;
* Institutional uses;
* Hotels, Motel and Hostels;
* Residential dwelling units up to a maximum of eight (8) units per lot;
* Restaurants (including drive-in; drive-thru);
* Taverns, Lounges and Cabarets;
* Places of Entertainment, Recreation, Fitness and Assembly (indoor or outdoor);
* Parking Lots and Parking Structures;
* Public Marinas and Wharves (excluding open storage or outdoor displays);
* Private Marinas and Wharves (excluding open storage or outdoor displays);
* Marine Fuelling Facilities (excluding bulk petroleum plants);
* Light Industries;
* Light Service Industries;
* Fishing and Marine-Related Industries excluding new Fish or Food Processing;
* Any Manufacturing or Industrial Assembly operations conducted and contained
within wholly-enclosed buildings and which are not obnoxious by reason of sound,
odor, dust, fumes or smoke or other obnoxious emissions or refuse matters or water-
carried wastes or by reason of unsightly open storage;
* Transportation Facilities and uses ;
* Taxi and Bus Stations;
* Emergency Response Centres;
* Laundromats;
* Public Parks; and
* Art Galleries
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27.2 WCD Zone Requirements
In the WCD Zone, no Development Permit shall be issued except in conformity with the following:
Minimum Lot Area
929.5 m2 (10,000 ft2)
Minimum Lot Frontage
24.4 m (80 ft)
Minimum Front Yard
Waived
Minimum Rear Yard
4.6 m (15 ft)
Minimum Side Yards
4.6 m (15 ft)
Minimum Flanking Yard
4.6 m (15 ft)
Maximum Height of Main Building
10.7 m (35 ft)
27.3 Yards Abutting Harbour
In a WCD Zone, the minimum rear yard setback may be waived where it directly abuts the
Yarmouth Harbour.
27.4 WCD Zone Uses Permitted by Development Agreement
Notwithstanding the permitted uses in 27.1 the following uses shall be considered by
Development Agreement provided the development is in keeping with the Statement of Interest
for the Waterfront Mixed Use Area outlined in the Municipal Planning Strategy:
(1) New commercial or industrial activities which exceeds 1393.5 m2 (15,000 ft2) of gross
commercial floor area or where an addition to an existing building creates more than
1393.5 m2 (15,000 ft2) in gross commercial floor area may be considered only by
Development Agreement pursuant to Section 225 of the Municipal Government Act and
subject to general conformity with criteria contained in Implementation Policy 10.9 and
10.8. The alteration of, renovation to or change in use within any existing building shall
be exempt from this requirement.
(2) Residential uses containing more than eight (8) dwelling units per lot may be considered
for development in the Waterfront Comprehensive Development (WCD) Zone only by
Development Agreement pursuant to Section 225 of the Municipal Government Act and
subject to general conformity with criteria contained in Implementation Policy 10.8. The
alteration of, renovation to or change in use within any existing building shall be exempt
from this requirement and there shall be no limit on the number of dwelling units
permitted.
27.5 Restriction on New Open Storage and Outdoor Display
No new open storage or outdoor displays shall be permitted within the Waterfront
Comprehensive Development (WCD) Zone except for commercial retail outdoor displays which
138
are temporary in nature and open storage and/or outdoor displays strictly accessory to a
traditional fishing and marine-related industry.
27.6 Restriction on Existing Open Storage and Outdoor Display
The following restrictions shall apply to existing open storage and outdoor display and those
permitted by Part 30.5:
(1) Open storage or outdoor displays shall not be permitted closer than twenty (20 ft) feet
to any public right-of-way;
(2) The area devoted to open storage or outdoor displays shall not exceed fifty (50%)
percent of the lot area.
(3) The open storage or outdoor display shall be accessory to the main use located on the
same lot.
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Part 28 - General Provisions for All Industrial Zones
28.1 Industrial Zones Permitted Uses
The table below lists the uses permitted in all Industrial Zones. For conditions associated with the
uses, see the specific section referencing that zone. The table below is for convenience; if there
is a discrepancy between the table below and the zone, the zone description shall prevail.
Industrial Zoning
M-1
M-2
Building supply and equipment depot excluding the Bulk
Storage of Sand or Gravel
-
-
Bulk Petroleum Storage Facilities
-
Call Centres (with 5,000 sq. ft. or more gross floor area)
-
-
Construction Trade and contractors
-
-
Converted Group Industrial Buildings;
-
Cultivating and Processing
-
Fish or Food processing of Raw Unprocessed Product
-
Existing Fish and Food Processing, Existing
-
Fishery-Related or Marine-related Industries excluding any
use which focuses primarily on Fish or Food processing of raw
unprocessed product;
-
-
Heavy Service Industries
-
-
Institutional Uses
-
-
Internet Website Development
-
-
Kennels, Boarding, and Training Facilities, see 5.58 for
additional requirements
-
-
Light Industries
-
-
Light Service Shop
-
-
Manufacturing or Industrial Assembly Operations (with
conditions)
-
-
Parking Lots and Parking Structures
-
-
Places of Recreation, Fitness, and Assembly within Wholly
Enclosed Buildings
-
-
Private Parks and Gardens
-
-
Private Utility Offices and Work Yards
-
-
Public Utility Offices and Work Yards
-
-
Public Parks
-
-
Public Sanitary Sewer Treatment Facilities
-
Transportation Facilities and Uses (including Airports)
-
-
Warehousing and Distribution
-
-
Wholesale Shops
-
-
28.2 Industrial Development Abutting Non-Industrial Uses
Where
an
Industrial
(M-1
or
M-
2) Zone abuts a Residential, Open Space or Institutional Zone within the Residential
Generalized Future Land Use Map designation, the following restrictions shall apply:
(1) The minimum required abutting yard set-back for any main building or accessory building
shall be 61 m (20 ft);
(2) No open storage, outdoor display, parking or loading area shall be permitted within the
required abutting yard set-back except where a 1.8 m (6 ft) high opaque fence or a 3.0 m
(10 ft) wide landscaped strip with growth and/or landscaping not less than 1.8 m (6 ft) in
height is erected along the entire length of any abutting lot line and provided, in the case
140
of open storage or outdoor displays, that the height of such does not exceed the height
elevation of the opaque fence or growth and/or landscaping; and
(3) In the case of providing a landscaped strip, such strip shall be open and unobstructed by
any building, parking, loading area, signage, open storage or outdoor displays
28.3 Visibility at Street Intersections - Corner Vision Triangle
On a corner lot in an Industrial (M-1 or M-2) Zone, a fence, sign, hedge, shrub, bush, tree or any
structure or vegetation shall not be erected or permitted to grow to a height greater than 1.2 m
(4 ft) above the grade of the streets that abut the lot within the triangular area included within
both street lines for a distance of 6.1 m (20 ft) from their point of intersection.
28.4 M-1 and M-2 Zone Parking Requirements
For every building or structure to be erected, occupied, or enlarged, or where there is a change
in use to a building or structure in the General Industrial (M-1) or in the Waterfront Industrial (M-
2)
Zone,
on-
site parking shall be provided and maintained on the same lot as the use having
unobstructed access to a public street in conformity with the following schedule. For the sake of
clarity,
in
a
multiple-
occupancy building, each type of occupancy shall satisfy the parking requirements for each
type of use.
USE
PARKING REQUIREMENTS
Manufacturing Areas of the Use
One (1) parking space for each 92.9m2 (1000 ft2)
or fraction thereof of gross floor area, excluding
hallways, vestibules, lobbies washrooms, closets
and storage areas.
Warehousing Areas, Distribution Areas
One (1) parking space for each 92.9m2 (1000 ft2)
Storage Areas of the Use
or fraction thereof of gross floor area excluding
hallways, aisles, vestibules, lobbies, washrooms,
and closets
All other Industrial Uses
One (1) parking space for each 46.5m2 (500ft2) or
fraction thereof of gross commercial floor area,
excluding hallways, aisles vestibules, lobbies,
washrooms, closets and storage areas.
28.5 Loading Space Requirements
For every building or structure to be erected, occupied, or enlarged, or where there is a change
in use to a building or structure in an Industrial (M-1 or M-2) Zone, on-site loading spaces having
unobstructed access to a public street shall be provided and maintained at a ratio of on
e (1) loading space for every 1859 m2 (20,000 ft2 ) or fraction thereof, of gross floor area,
141
excluding hallways, aisles, vestibules, washrooms and closets to a maximum of six (6) loading
spaces.
28.6 Multiple Buildings on a Lot
Nothing in this By-law shall prohibit the construction of more than one (1) main building on any
lot in an Industrial (M-1 or M-2) Zone provided:
(1) That the minimum separation distance between main buildings shall be 6.1 m (20 ft);
(2) That all parking and loading requirements for each main building and/or use are
satisfied; and,
(3) That all other requirements of this By-law are satisfied.
28.7 Accessory Buildings
Nothing in this By-law shall prohibit the construction or erection of more than one (1) accessory
building on a lot in the Industrial (M-1 or M-2) Zone, provided that the accessory building(s):
(1) Shall not be used for human habitation;
(2) Shall not be located in the front yard;
(3) Shall not be located in the required flanking yard as specified in the zone requirments for
each zone;
(4) Shall not be located closer than 3.0 m (10 ft) to any common lot boundary or public right-
of-way;
(5) Shall not exceed 6.1 m (20 ft) in height;
(6) Shall not be located closer than 1.8 m (6 ft) to any building or structure; and,
(7) Shall satisfy all other requirements of this By-law.
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Part 29 - General Industrial (M-1) Zone
29.1 M-1 Uses Permitted
In a General Industrial (M-1) Zone, no Development Permit shall be issued except for one or more
of the following uses:
* Building Supply and Equipment Depots excluding the bulk storage of Sand or Gravel;
* Construction Trade and Contractors;
* Light Industries;
* Light Service Shops;
* Internet Web Site Development;
* Heavy Service Shops;
* Light Service Industries;
* Heavy Service Industries;
* Transportation Facilities and uses including airports;
* Bulk Petroleum Storage Facilities;
* Fishery or Marine-related Industries excluding any use which focuses primarily on
Fish or Food processing of raw unprocessed product;
* Public Utility Offices and Work Yards;
* Private Utility Offices and Work Yards;
* Warehousing and Distribution;
* Wholesale Shops;
* Kennels, Boarding and Training Facilities (see Section 5.58 for additional
requirements);
* Existing Heavy Industries;
* Cultivating and Processing;
* Parking Lots and Parking Structures;
* Call Centres with five thousand (5,000) or more square feet of gross floor area;
* Private Parks and Gardens;
* Public Parks;
* Places of recreation, fitness and assembly within wholly enclosed buildings;
Institutional Uses; and,
* Any Manufacturing or Industrial Assembly operations other than a heavy industry use
which are not obnoxious by reason of sound, odor, dust, fumes or smoke or other
obnoxious emissions or refuse matters of water-carried wastes or by reason of
unsightly open storage;
29.2 M-1 Zone Requirements
In a General Industrial (M-1) Zone, no Development Permit shall be issued except in conformity
with the following requirements:
Minimum Lot Area
3718.0 m2
40,000 ft2
Minimum Lot Frontage
45.7 m
150 ft
Minimum Front Yard
12.2 m
40 ft
143
Minimum Rear Yard
12.2 m
40 ft
Minimum Side Yards
6.1 m
20 ft
Minimum Flanking Yard
9.1 m
30 ft
Maximum Height of Main Building
10.7 m
35 ft
29.3 Uses Permitted by Development Agreement
Notwithstanding anything else in this Part, the Municipal Planning Strategy's Industrial Policy
7.13 provides that the following uses may be considered for development in the General
Industrial (M-1) Zone by Development Agreement:
* Scrap, Salvage and/or Junk Yards;
* Sand and Gravel Storage and/or Processing Plants;
* Ready Mix Concrete Plants;
* Asphalt Concrete / Paving Plants; and,
* Heavy Industry Uses.
29.4 Restrictions on Open Storage and Outdoor Displays
The following restrictions shall apply to open storage and outdoor displays in the General
Industrial (M-1) Zone:
(1) No open storage or outdoor display shall be permitted within 3.0 m (10 ft) of any lot
line except where a 1.8 m (6 ft) high opaque fence is erected along the entire length of
the lot line and provided the height of the open storage or outdoor display does not
exceed the height elevation of the opaque fence;
(2) The area devoted to open storage or outdoor display shall not exceed fifty (50%)
percent of the total lot area;
(3) The open storage and/or outdoor displays shall be accessory to the main use located
on the same lot; and,
(4) No open storage shall be permitted in the front yard or flanking yard of any lot.
29.5 Open Storage and Outdoor Displays Prohibited
Notwithstanding anything else in this Part, open storage and outdoor displays associated with
marihuana shall be strictly prohibited.
144
Part 30 - Waterfront Industrial (M-2) Zone
30.1 M-2 Uses Permitted
No Development Permit shall be issued in a Waterfront Industrial (M-2) Zone except for one or
more of the following uses:
* All uses permitted in the General Industrial (M-1) Zone, excluding Bulk Petroleum
Storage Facilities, Cultivating and Processing;
* Existing Bulk Petroleum Storage Facilities;
* Public and Private Wharves excluding open storage and outdoor displays;
* Existing Fish and Food Processing;
* Converted Group Industrial Buildings;
* Public Sanitary Sewer Treatment Facilities; and,
* Accessory retail uses to the above.
30.2 M-2 Zone Requirements
In a Waterfront Industrial (M-2) zone, no Development Permit shall be issued except in
conformity with the following requirements:
Minimum Lot Area
1858.0 m2
20,000 ft2
Minimum Lot Frontage
30.5 m
100 ft
Minimum Front Yard
4.6 m
15 ft
Minimum Rear Yard
4.6 m
15 ft
Minimum Side Yards
4.6 m
15 ft
Minimum Flanking Yard
4.6 m
15 ft
Maximum Height of Main Building
12.2m
40 ft
30.3 Uses Permitted by Development Agreement
Notwithstanding anything else in this Part, the Municipal Planning Strategy's Industrial Policy 7.7
provides that the following uses may be considered for development in the Waterfront Industrial
(M-2) zone by Development Agreement.
* Heavy Industry uses;
* Fish and Food Processing Facilities subject to the General Industrial (M-1) zone
minimum frontage and area requirements; and,
* New Outdoor Storage or Outdoor Displays whether as a main use or as an accessory
use, excluding open storage and/or outdoor displays strictly accessory to a traditional
fishing and marine-related industry use. In addition, any expansion to existing open
storage or outdoor displays beyond the limits that the use legally occupies may only
be considered by development agreement.
145
30.4 Converted Group Industrial Building
Notwithstanding anything else in this By-law, a converted group industrial building may be
created by means of subdivision waiving the internal side yards provided each lot satisfies all
requirements of this By-law and conforms to the following requirements:
Minimum Lot Area
929 m2
10,000 ft2
Minimum Lot Frontage
18.29 m
60 ft
Minimum Front Yard
4.57 m
15 ft
Minimum External Side Yards
4.57 m
15 ft
Minimum Internal Side Yards
waived
Minimum Flanking Yard
4.57 m
15 ft
Maximum Height of Main Building
10.67 m
35 ft
30.5 Yards Abutting Harbour
In a Waterfront Industrial (M-2) zone, the minimum rear yard setback may be waived where it
directly abuts the Yarmouth Harbour.
30.6 Restriction on New Open Storage and Outdoor Display
No new open storage or outdoor displays shall be permitted within the Waterfront Industrial (M-
2) zone except for those open storage and/or outdoor displays strictly accessory to a traditional
fishing and marine-related industry.
30.7 Restriction on Existing Open Storage and Outdoor Display
The following restrictions shall apply to existing open storage and outdoor displays and those
permitted pursuant to Part 29.7:
(1) Where a yard within the Waterfront Industrial (M-2) zone abuts a residential (R-1, R-
2, R-2M, R-3 or R-M) zone within the residential generalized future land use designation,
the open storage or outdoor display shall be wholly enclosed within a 1.8 m (6 ft) high
opaque fence. In addition, the height of the open storage or outdoor display shall not
exceed the height elevation of the opaque fence.
(2) Open storage or outdoor displays shall not be permitted closer than 3.0 m (10 ft) to
any public right-of-way;
(3) The area devoted to open storage or outdoor displays shall not exceed fifty (50%)
percent of the lot area.
146
(4) The open storage or outdoor display shall be accessory to the main use located on
the same lot.
30.8 Existing Fish and Food Processing Plants - Special Provision
Notwithstanding anything in this Part, Municipal Planning Strategy Industrial Policy 7.21 provides
that existing fish and food processing plants located within the Waterfront Industrial (M-2) zone
may expand beyond the limits of their current boundaries provided such lands are consolidated
with their existing lands.
147
Part 31 - General Provisions for All Institutional and Environmental Zones
31.1 Institutional and Environmental Zones Permitted Uses
The table below lists the uses permitted in all Industrial Zones. For conditions associated with the
uses, see the specific section referencing that zone. The table below is for convenience; if there
is a discrepancy between the table below and the zone, the zone description shall prevail.
Institutional and Environmental Zoning
O-1
O-2
E-S
I-1
HC
Adult Day Centres
-
Assisted Living Housing
-
Art Galleries
-
Any institutional use which is incorporated under the
Societies Act Ch. 435, R.S.N.S. 1989
-
Active transportation facilities
-
Arts and Community Centres
-
Churches
-
-
Cemeteries
-
Colleges, Universities, Schools and other Educational
Facilities
-
-
Community Centres (including Arts Centres)
-
-
Community Markets
-
Day Nurseries
-
Existing Utilities such as Power, Telephone and Gas
Company offices and work yards
-
Fire Stations
-
Fitness Centres
-
-
Funeral Homes
-
-
Golf Courses
-
Group Homes
-
Governmental Institutional Facilities
-
-
Hospitals
-
-
Institutional Uses (as permitted in the Institutional (I-1)
Zone) in existing buildings
-
Libraries and Museums
-
Medical Clinics
-
Municipal, Provincial and Federal Government and Non-
Profit offices accessory to permitted Institutional uses
-
Nurseries
-
Nursing Homes
-
Open Air Markets
-
-
Passive Recreation Uses
-
-
-
Public Parks
-
-
Public Parking Lots
-
Public Recreation Centres and Facilities
-
-
Private Clubs and Fraternal Organizations
-
Private Parks and Gardens
-
Recreational Uses
-
Residential Care Facilities
-
Temporary Call Centres
-
Temporary Dinner Theatres
-
148
Part 32 Open Space (O-1) Zone
32.1 O-1 Uses Permitted
In an Open Space (O-1) zone, no Development Permit shall be issued except for one or more of
the following uses:
* Temporary Open Air Markets
* Passive Recreation Uses;
* Public Parks;
* Public Parking Lots;
* Public Recreation Centres and Facilities:
* Accessory
Buildings
or
Structures
including
refreshment
booths
or
canteen/lunchroom pavilions;
* Active transportation facilities; and
* Existing Institutional Uses (as permitted in the Institutional (I-1) Zone).
149
Part 33 - Floodplain (O-2) Zone
33.1 Development Prohibited
No Municipal Development Permit shall be issued for any use within the Floodplain (0-2) zone.
33.2 Passive Recreational Uses Permitted
Notwithstanding anything else in this Part, those passive recreational uses and active
transportation, which do not require the construction or placement of any building, shall be
considered a permitted use. In addition, Public Works projects associated with flood control shall
be deemed a permitted use within the Floodplain (O-2) zone.
33.3 Removal of Top-Soil Prohibited
The removal or excavation of top-soil within the Floodplain (O-2) zone shall be strictly prohibited
whether in conjunction with a development or not. Notwithstanding, those public works projects
associated with flood control; those developments to create uses permitted within the
Floodplain (O-2) zone; and, those activities associated with environment enhancement of the
wet-lands shall be exempt from this provision.
33.4 Removal or filling in of Material Prohibited
The removal or filling in of material within the Floodplain (O-2) zone shall be strictly prohibited
whether in conjunction with a development or not. Notwithstanding, those public works projects
associated with flood control; those developments to create uses permitted within the
Floodplain (O-2) zone; and, those activities associated with environment enhancement of the
wet-lands shall be exempt from this provision.
150
Part 34 - Environmentally Sensitive (E-S) Zone
34.1 Development Prohibited
No Municipal Development Permit shall be issued for any use within the Environmentally
Sensitive (E-S) zone.
34.2 Uses Permitted
(1) Notwithstanding anything else in this Part, those passive recreational uses, active
transportation and wetland conservation related projects which do not require the
construction or placement of any building shall be considered a permitted use in the
Environmentally Sensitive (E-S) zone.
(2) Notwithstanding anything else in this Part, public works projects, including road
construction, which may include placement of a building or structure, strictly for
flood-proofing related developments, enhancement to the watershed system and/or
to improve surface run-off conditions shall be considered a permitted use in the
Environmentally Sensitive (E-S) zone.
34.3 Removal of Top-Soil Prohibited
The removal or excavation of top-soil within the Environmentally Sensitive (E-S) zone shall be
strictly prohibited whether in conjunction with a development or not. Notwithstanding, those
public works projects associated with flood control; those developments to create uses
permitted within the Environmentally Sensitive (E-S) zone; and, those activities associated with
environment enhancement of the wetlands shall be exempt from this provision.
151
Part 35 - Institutional (I-1) Zone
35.1 I-1 Uses Permitted
In an Institutional (I-1) zone, no Development Permit shall be issued except for one or more of
the following uses;
* Art Galleries;
* Churches;
* Colleges, Universities, Schools and other Educational Facilities;
* Community Centres (including Arts Centres)
* Libraries and Museums;
* Private Clubs and Fraternal Organizations;
* Any institutional use which is incorporated under the Societies Act Ch. 435, R.S.N.S.
1989;
* Fire Stations;
* Fitness Centres;
* Funeral Homes;
* Arts and Community Centres;
* Community Markets;
* Golf Courses;
* Cemeteries;
* Hospitals;
* Existing Utilities such as Power, Telephone and Gas Company offices and work yards;
* Municipal, Provincial and Federal Government and Non-Profit offices accessory to
permitted Institutional uses;
* Passive Recreation Uses;
* Public Recreation Centres and Facilities;
* Nurseries;
* Temporary Call Centres;
* Temporary Dinner Theatres;
* Governmental Institutional Facilities
* Emergency Shelters;
* Community-based Transitional Housing; and
* Supportive Housing
35.2 Notwithstanding Section 35.1, above, any institutional use as listed in the Institutional (I-1)
zone may make its facilities available for a use not permitted in the zone in which it is located for
a community, commercial, or light industrial use provided that:
(1) the use is not obnoxious;
(2) the use does not generate excess traffic or any on-street parking;
(3) the use is contained solely within an existing building and does not result in the
expansion of an existing building;
(4) the use does not require outside storage;
152
(5) the use does not display a sign inconsistent with the zone in which it is located;
(6) the Traffic Authority has provided a report stating compliance with 34.2(2), above,
and
(7) the Development Officer has issued a permit for the proposed use.
35.3 Institutional (I-1) Zone Requirements
In an Institutional (I-1) zone, no Development Permit shall be issued except in conformity with
the following requirements:
Minimum Lot Area
929.5 m2
10,000 ft2
Minimum Lot Frontage
30 m
100 ft
Minimum Front Yard
6.1 m
20 ft
Minimum Rear Yard
9.1 m
30 ft
Minimum Side yards
4.6 m
15 ft
or one-half (1/2) the height of the main building, whichever is greater
Flanking Yard
6.1 m
20 ft
Maximum Height of Main Building
13.7 m
45 ft
35.4 Restrictions on Open Storage and Outdoor Displays
The following restrictions shall apply to open storage and outdoor displays in the Institutional (I-
1) zone:
(1) No open storage and/or outdoor displays shall be permitted within 3.05 m (10 ft) of
any lot line except where a 1.8 m (6 ft) high opaque fence is erected along the entire
length of the lot line and provided the height of the open storage and/or outdoor display
does not exceed the height elevation of the opaque fence;
(2) The area devoted to open storage and/or outdoor displays shall not exceed fifty (50%)
percent of the entire lot area;
(3) The open storage and/or outdoor display shall be accessory to the main use located
on the same lot; and,
(4) The open storage and/or outdoor display shall not be permitted within the front yard
or the flanking yard.
153
35.5 Parking Requirements
For every building or structure to be erected, occupied or enlarged one (1) on-site or off-site
parking space shall be provided and maintained for every 27.9 m2 (300 ft2) or fraction thereof of
gross floor area excluding hallways, aisles, vestibules, washrooms, closets and storage areas. Off-
site parking must be located within 100 meters (318 feet) of the main permitted use.
35.6 Visibility at Street Intersections - Corner Vision Triangle
On a corner lot in an Institutional (I-1) zone, a fence, sign, hedge, shrub, bush, tree or any
structure shall not be erected or permitted to grow to a height greater than 1.2 m (4 ft) above
the grade of the street that abuts the lot within the triangular area included within both street
lines for a distance of 6.1 m (20 ft) from their point of intersection.
35.7 Multiple Main Buildings
Nothing in this By-law shall prohibit the development of more than one (1) main building on a lot
in any Institutional (I-1) zone provided:
(1) that the minimum separation distance between main buildings shall be 6.1 m (20 ft);
(2) that all parking and loading requirements for each main building and/or use are
satisfied; and,
(3) that all other requirements of this By-law are satisfied.
35.8 Accessory Building
Nothing in this By-law shall prohibit the construction or erection of more than one (1) accessory
buildings in any Institutional (I-1) zone provided that the accessory building(s) satisfies the
following:
(1) shall not be used for human habitation;
(2) shall not be located in the required front yard;
(3) shall not be located in the required flanking yard;
(4) shall not be located closer than 0.6 m (2 ft) to any common lot boundary or street
right-of-way;
(5) shall not be located closer than 1.83 m (6 ft) to any main or accessory building;
(6) shall not exceed 7.6 m (25 ft) in height;
(7) the total square footage for all accessory buildings shall not exceed ten (10) percent
of the total lot area; and,
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(8) shall satisfy all other requirements of this By-law.
35.9 Variations Regarding Height Requirements for Non-Conforming Structures Within any
Institutional (I-1) Zone
Notwithstanding Part 5.4, a non-conforming structure within the Institutional (I-1) zone may
expand upwards provided that:
(1) The expansion does not further increase the height beyond the height of the existing
building;
(2) The use conforms to the Land Use By-law; and,
(3) All other applicable provisions of this By-law are satisfied.
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Part 36 - Health Campus (HC) Zone
36.1 HC Uses Permitted
In a Health Campus (HC) zone, no Development Permit shall be issued except for one (1) or more
of the following uses:
* Adult Day Centres;
* Assisted Living Housing;
* Churches;
* Colleges, Universities, Schools and other Educational Facilities;
* Community Centres (including Arts Centres);
* Community Markets;
* Day Nurseries;
* Fitness Centres;
* Funeral Homes;
* Governmental Institutional Facilities;
* Group Homes;
* Hospitals;
* Medical Clinics;
* Nursing Homes;
* Open Air Markets;
* Passive Recreation Uses;
* Private Parks and Gardens;
* Public Parks;
* Recreational Uses; and
* Residential Care Facilities
36.2 HC Zone Requirements
In a Health Campus (HC) zone, no Development Permit shall be issued except in conformity with
the following requirements:
Minimum Lot Area
929.5 m2
10,000 ft2
Minimum Front Yard
6.1 m
20 ft
Minimum Rear Yard
9.1 m
30 ft
Minimum Side Yards
4.6 m
15 ft
or one-half (1/2) the height of the main building, whichever is greater
Flanking Yard
6.1 m
20 ft
Maximum Height of Main Building
13.7 m
45 ft
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36.3 Parking
For every building or structure to be erected, occupied or enlarged in the Health Campus (HC)
zone, the Development Officer shall require a site plan and written confirmation from an
applicant demonstrating how the proposed parking will meet the needs of any associated use.
Acquiring shared parking and access agreements shall be the responsibility of the applicant.
36.4 Multiple Main Buildings
Nothing in this By-law shall prohibit the development of more than one (1) main building on a
lot in any Health Campus (HC) zone provided:
(1) that the minimum separation distance between main buildings shall be 6.1 m (20 ft);
(2) that all parking and loading requirements for each main building and /or use are
satisfied; and,
(3) that all other requirements of this By-law are satisfied.
36.5 Yard Exemptions
Notwithstanding section 36.2, on a common property line between two abutting HC zoned
properties, minimum yard requirements may be reduced to zero (0 ft) feet.
36.6 Restrictions on Open Storage and Outdoor Displays
The following restrictions shall apply to open storage and outdoor displays in the Health
Campus (HC) zone:
(1) No open storage and/or outdoor displays shall be permitted within 3.05 m (10 ft) of
any lot line except where a 1.8 m (6 ft) high opaque fence is erected along the entire
length of the lot line and provided the height of the open storage and/or outdoor display
does not exceed the height elevation of the opaque fence;
(2) The area devoted to open storage and/or outdoor displays shall not exceed fifty
(50%) percent of the entire lot area;
(3) The open storage and/or outdoor display shall be accessory to the main use located
on the same lot; and,
(4) The open storage and/or outdoor display shall not be permitted within the front
yard or the flanking yard.
36.7 Visibility at Street Intersections - Corner Vision Triangle
On a corner lot in an Health Campus (HC) zone, a fence, sign, hedge, shrub, bush, tree or any
structure shall not be erected or permitted to grow to a height greater than 1.2 m (4 ft) above
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the grade of the street that abuts the lot within the triangular area included within both
street lines for a distance of 6.1 m (20 ft) from their point of intersection.
36.8 Accessory Buildings
Nothing in this By-law shall prohibit the construction or erection of accessory buildings in
any Health Campus (HC) zone provided that the accessory building(s) satisfies the following:
(1) shall not be used for human habitation;
(2) shall comply with yard requirements that are applicable to main buildings;
(3) shall not exceed 4.6 m (15 ft) in height;
(4) shall not be built within 1.2 m (4 ft) of any building on the lot;
(5) Notwithstanding Part (2) above, shall not be located closer than 0.6 m (2 ft)
to any lot boundary; and,
(6) shall satisfy all other requirements of this By-law.
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Part 37 - Climate Change Storm Surge and Sea-level Rise Sensitive Area
37.1 Minimum Climate Change Building Grade Elevation and Set-Backs
Pursuant to Policy 11.4 of the Municipal Planning Strategy, the following minimum climate
change-related building grade elevations and minimum separation standards from the ordinary
high water mark shall apply in the Climate Change Storm Surge and Sea-level Rise Sensitive Area
as shown on the Climate Change Storm Surge and Sea-level Rise Sensitive Area Map (Schedule
"G"). The change in use of any building shall be exempt from this requirement provided there are
no additions and provided the development does not include any storage of any hazardous
materials.
Main Buildings (Non-Water Dependent Buildings)
Time Period:
Minimum Building
Grade Elevation
(CGVD28)
Minimum Separation Standards
from the Ordinary High Water Mark:
Present - 2050
4.8 m / 15.7 ft
7.6 m / 25 ft
2051 - 2100
5.4 m / 17.7 ft
7.6 m / 25 ft
Accessory Buildings (Non-Water Dependent Buildings)
Time Period:
Minimum Building
Grade Elevation
(CGVD28)
Minimum Separation Standards from
the Ordinary High Water Mark:
Present - 2050
4.6 m / 15 ft
3.05 m / 10 ft
2051 - 2100
5.2 m / 17 ft
3.05 m / 10 ft
Main Buildings (Water Dependent Buildings)
Time Period:
Minimum Building
Grade Elevation
(CGVD28)
Minimum Separation Standards from
the Ordinary High Water Mark:
Present - 2050
4.6 m / 15 ft
Waived
2051 - 2100
5.2 m / 17 ft
Waived
Accessory Buildings (Water Dependent Buildings)
Time Period:
Minimum Building
Grade Elevation
(CGVD28)
Minimum Separation Standards from
the Ordinary High Water Mark:
Present - 2050
4.4 m / 14.4 ft
Waived
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2051 - 2100
5.0 m / 16.4 ft
Waived
37.2 Minimum Climate Change Building Grade Elevation for New Non-water Dependent
Buildings Greater than 185.8 m2 (2,000 ft2) Abutting Water Street
Any new non-water dependent main building greater than 185.8 m2 (2,000 ft2) in gross floor area
abutting Water Street in the Climate Change Storm Surge and Sea-level Rise Sensitive Area as
shown on the Climate Change Storm Surge and Sea-level Rise Sensitive Area Map shall have a
building grade elevation equal to or greater than the directly abutting Water Street elevation.
For clarity, this provision shall only apply to those lots directly abutting Water Street and the
elevation level may be determined by the average elevation along the lineal length of Water
Street that directly abuts the property. Where there is a conflict between this Section and Section
37.1, the higher or more stringent requirement shall prevail.
37.3 Raising the Minimum Building Grade Elevation
Buildings may be raised or elevated to the required minimum climate change building grade
elevations as outlined in Sections 37.1 and 37.2 by the use of piers, posts, foundations and similar
devises and may have parking areas, loading areas, storage areas (excluding the storage of
hazardous materials) and entranceways (including staircases, elevators and similar devices)
located below the required minimum building grade elevation. Any other type of occupancy or
use not explicitly permitted below the minimum climate change building grade elevation shall be
prohibited.
37.4 Minimum Hazardous Materials Grade Elevation and Minimum Separation Standards from
the Ordinary High Water Mark
(1) Underground storage of hazardous materials shall be strictly prohibited in the Climate
Change Storm Surge Sea-Level Rise Sensitive Area as shown on the Climate Change
Storm Surge and Sea-level Rise Sensitive Area Map. Existing underground storage of
hazardous materials may continue to exist and be maintained provided their storage
capacity shall not, at any time, be increased.
(2) Pursuant to Policy 11.4 of the Municipal Planning Strategy, the following hazardous
materials minimum grade elevations and minimum separation standards from the
ordinary High Water Mark (HWM), whether contained in a building or not, shall apply
in the Climate Change Storm Surge and Sea-Level Rise Sensitive Area as shown on the
Climate Change Storm Surge and Sea-level Rise Sensitive Area Map:
Hazardous Materials (Oil, Gas, Propane, etc.) whether contained in a building or not
(Non Water Dependent)
Note: CGVD28 = Canadian Geodetic Vertical Datum of 1928. Until 2013 this was the standard geodetic vertical
datum as maintained by Natural Resources Canada (NRCan). In that year NRCan established a new datum
(CGVD2013); however NRCan advises it will continue to publish heights at benchmarks in CGVD28 for the
foreseeable future. For readers information, Canadian Geodetic Vertical Datum of 1928 (CGVD28, land elevation
vertical datum) is based on the Yarmouth CD-CGVD28 offset of 2.31m.
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Time Period:
Minimum
Grade Elevation
(CGVD28)
Minimum Separation
Standards from the Ordinary
High Water Mark
Present - 2050
4.8 m / 15.7 ft
6.1 m / 20ft
2051 - 2100
5.4 m / 17.7 ft
6.1 m / 20ft
Hazardous Materials (Oil, Gas, Propane, etc.) whether contained in a building or not
(Water Dependent)
Time Period:
Minimum
Grade Elevation
(CGVD28)
Minimum Separation
Standards from the Ordinary
High Water Mark
Present - 2050
4.8 m / 15.7 ft
Waived
2051 - 2100
5.4 m / 17.7 ft
Waived
37.5 Minimum Wharf Grade Elevation
Pursuant to Policy 9.4 of the Municipal Planning Strategy, the following minimum wharf grade
elevations shall apply in the Climate Change Storm Surge and Sea-level Rise Sensitive Area as
shown on the Climate Change Storm Surge and Sea-level Rise Sensitive Area Map. For clarity, this
provision shall apply to any new wharf or any addition to any existing wharf but shall not prevent
any existing wharf from being repaired; however, any existing wharf that is being totally replaced
shall conform with these minimum requirements.
Time Period:
Minimum Wharf Elevation (CGVD28)
Present - 2050
4.4 m / 14.4 ft
2051 - 2100
5.0 m / 16.4 ft
37.6 "Existing" Wharf Elevation
Notwithstanding the requirements of Sections 37.5, the minimum wharf elevations may be
waived for additions onto any existing wharf provided a study (a storm surge/sea-level rise
vulnerability assessment) by a qualified engineer identifies such other development standards
that ensures that the development will not be subject to flooding or subsidence caused by
climate change is undertaken, submitted to the Town for approval and implemented as part of
the development's requirements.
37.7 "Existing" Building Grade Elevation and Minimum Separation Standards from the Ordinary
High Water Mark
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Notwithstanding the requirements of Sections 37.1 and 37.2, the minimum building grade
elevations and Minimum Separation Standards from the ordinary High Water Mark (HWM) may
be waived for additions to any building provided a study (a storm surge/sea-level rise
vulnerability assessment) by a qualified engineer identifies such other development standards
that ensures that the development will not be subject to flooding or subsidence caused by
climate change is undertaken, submitted to the Town for approval and implemented as part of
the development's requirements. The change in use of any building shall be exempt from this
requirement provided there are no additions and provided the development does not include
the storage of any hazardous materials. Any storage of any new hazardous materials whether
contained in a new building, an existing building or outside any building shall be required to meet
the minimum grade elevations and Minimum Separation Standards from the ordinary High Water
Mark (HWM) as prescribed in this By-law.
37.8 Minimum Climate Change Building Grade Elevations and Minimum Separation Standards
Exempted from Variance Provisions of Municipal Government Act
For the purpose of this By-law, the minimum climate change building grade elevations and
minimum separation standards from the ordinary High Water Mark (HWM) as laid out in this Part
shall not be subject to variance procedures of the Municipal Government Act. Therefore, these
minimum standards cannot be reduced through the variance procedures of the Municipal
Government Act.
37.9 Minimum Climate Change Building Grade Elevations - Slab on Grade or Higher
Any building located in the Climate Change Storm Surge and Sea Level Rise Sensitive Area shall
be constructed with a slab on grade construction or a higher floor elevation above the minimum
climate change building grade elevation. Any basement or sub-basement construction (other
than foundation supports for upper levels) or any floor elevation below the minimum climate
change building grade elevation shall be prohibited within the Climate Change Storm Surge and
Sea Level Rise Sensitive Area.
37.10 Bulk Petroleum Storage Facilities, Service Stations and Gas Bars
1. Notwithstanding anything else in this By-law the following list of uses shall be
prohibited in the Climate Change Storm Surge and Sea Level Rise Sensitive Area as
shown on the Climate Change Storm Surge and Sea Level Rise Sensitive Area Map,
Schedule "G":
* Bulk Petroleum Storage Facilities;
* Service Stations; and,
* Gas Bars.
2. Notwithstanding Section 37.10(1) above, service stations and gas bars that are solely
for the use of water dependent buildings or water dependent uses may be located in
the Climate Change Storm Surge and Sea Level Rise Sensitive Area as shown on the
Climate Change Storm Surge and Sea Level Rise Sensitive Area Map, Schedule "G"
provided all other requirements of this By-law are satisfied.
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37.11 The Higher or More Stringent Requirement Shall Prevail
Where any provision of the Land Use By-law conflicts with any provision governing the "Climate
Change Storm Surge and Sea Level Rise Sensitive Area", the higher or more stringent provision
shall prevail.
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Part 38 - Definitions
For the Purpose of this By-law, all words shall carry their customary meaning except for those
defined hereafter.
1. Abutting Yard means the required minimum yard set back measured from the abutting lot
line as prescribed in the Land Use By-law, unless otherwise stated.
2. Accessory Building means a subordinate building or structure on the same lot as the main
building or use devoted exclusively to an accessory use.
2A. Accessory Dwelling Unit means the use of a building or part of a building for a dwelling unit
that is secondary and subservient to another dwelling unit on the lot.
3. Accessory Use means a use subordinate and naturally, customarily and normally incidental
to and exclusively devoted to a main use of land or building and located on the same lot.
4. Adult Day Centre means that portion of a residence wherein the owner or occupier of the
residence provides temporary care on a daily basis for adults attaining the age of eighteen
(18) years without overnight accommodations.
5. Adult Entertainment Uses means a massage parlour, sex-aid shop, an adult book store or an
adult cabaret.
6. Alter means any change in the structural component of a building, or any increase in the
volume of a building or structure.
7. Annually means once per calendar year.
8. Art Studio Establishment means part of building engaged in the sale, instruction, creation
and participation in music, dancing, arts and crafts, weaving, painting, sculpturing, molding
or other act to which art is the final product (e.g. photographers, ceramics, pottery, glaziers,
and tailors).
9. Arts and Community Centre means any tract of land or building or any part of any building
used for art or community related activities such as but not limited to classes, performances,
and or functions whether used for commercial purposes or not.
10. Assisted Living Housing means housing intended for both independent and semi-
independent living in the form of either congregate housing, dwelling units, sleeping units, or
any combination thereof, within which is provided for the exclusive use of the occupants,
their families and guests, daily common meal preparation using commercial cooking facilities,
dining area and laundry facilities. Assisted living housing may or may not accommodate
health services such as nursing care, home support, rehabilitative and transportation
services.
11. Automobile Service Stations or Service Station means a building or part of a building or a
clearly defined space on a lot used for the retail sale of gasolines and lubricating oils and may
include the sale of automobile accessories and the servicing and repairing of motor vehicles
and may include a car wash, convenience store and automobile body shop within wholly
enclosed buildings.
12. Boarding or Rooming House means a dwelling unit in which the proprietor supplies rooms
with or without meals but without private cooking facilities for monetary gain exclusive of
rooms, if any, of the lessee or owner or members of his/her family and which is not open to
the public.
13. Brewery means a manufacturing plant capable of producing large quantities of beer where
the primary function is to sell packaged beer to the general public through retail liquor stores
or for export.
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14. Building means any structure whether temporary or permanent, used or built for the shelter,
accommodation or enclosure of persons, animals, material or equipment. Any bin, bunker,
platform, vessel or vehicle used for the said purposes shall be deemed a building.
15. Building Elevation means a flat scaled drawing of the front, rear or sides of a building.
16. Building Line means any line regulating the position of a building or structure on a lot.
17. Building Supply and Equipment Depots means any track of land, building or part of a building
in which building or construction, equipment and home improvement materials are offered
or kept for sale at retail or wholesale and may include the fabrication of certain materials
related to home furnishing and home improvement.
18. Bulk Petroleum Storage Facility means one or more above ground storage tanks or
underground storage tanks, including any appurtenances having a capacity of more than four
thousand (4,000 l) litres where petroleum products are stored in bulk for subsequent
transmission to other facilities and are regulated as a "bulk plant" by the Province of Nova
Scotia, but does not include a service station or a gas bar.
19. Business Office means a building or part of a building primarily engaged in providing business
services in which one or more persons are employed in the management, direction or
conducting of a business or where persons and their staff serve clients who seek advise or
consultation and includes any room or rooms where business may be transacted, a service
performed or consultation given and includes, but is not limited to, such uses as business
services, real estate and brokerage agencies, insurance and brokerage agencies and travel
agencies and other similar uses, but shall not include the manufacturing of any product or
the retail selling of goods. A business office shall include those uses defined as a "professional
office" and vice versa.
20. Call Centre means a building or part of a building engaged primarily in the service transaction,
electronically or through a communication medium and without limiting the generality of the
foregoing, may include such establishments as credit card information centres, virtual
banking services, on-line services, retail operational services, travel services and telephone
solicitation services, but shall not include any walk-in or off-street traffic or any retail or
manufacturing of goods for sale:
(A) Call Centre means a call centre which remains in one location for at least twelve
consecutive months.
(B) Temporary Call Centre means a call centre which remains in one location for a period
not exceeding twelve consecutive months.
21. Candidate means a person who has been nominated to run in a Municipal, Provincial or
Federal election.
22. Church means a building dedicated to religious worship and includes a church hall, church
auditorium, Sunday school, parish hall and may include living quarters for the Clergy operated
by the church.
23. Coffee and Tea Shop means an establishment which sells coffee, tea, biscuits, squares,
sandwiches, desserts and other similar items.
24. Commercial means any use by which retail or wholesale trade is carried on, and those other
uses involving sale of goods, materials and services.
25. Commercial Accommodation means any motel or hotel operated within a commercial zone
on a full-time permanent basis but shall not include any guest home, boarding or rooming
house, nursing home or bed and breakfast operations.
26. Commercial Van means a commercial van or a commercial truck whether or not same
contains commercial licenses or signage and excludes ambulances, hearses, motor buses,
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tractors, trailers, tractor/trailer combined, transport trucks, dump trucks, backhoes, front
end loaders, construction vehicles, and other similar vehicles.
26A. Community-based Transitional Housing means a facility operated or licensed by
Correctional Service Canada or Nova Scotia Corrections or successor bodies providing
housing and support services for individuals transitioning from a corrections centre to the
community.
27. Community Market means a building or part of a building or a clearly defined space on a lot
used only once or twice during any week of any year at any one (1) location to accommodate
the retail sales of produce from the land or sea including but not limited to fruits, vegetables,
eggs, cheese, honey, jams, cider, milk, juices, cooked or uncooked poultry, meat or fish, cut
flowers, bedding out plants, shrubs and trees and shall also include the retail sales of arts and
crafts handicrafts, baked goods and yard sales items including but not limited to antiques and
second hand goods.
28. Construction Trade and Contractors means a building or part of a building housing
construction trade related offices related to one or more of the following: general
contractors, plumbing, electrical, mechanical, excavating and/or landscaping businesses
exclusively devoted to the physical development of land and/or structure(s), including the
preparation of land for development, and may include accessory design, drafting and
estimating services but does not include a professional office exclusively devoted to the
design, drafting or estimating thereof nor does it include any storage of any demolition
debris, construction waste or waste of any kind.
29. Convenience Store means a building which is used as a store that serves the primary needs
of the adjacent neighbourhood and includes the sale of magazine, confectionary items,
grocery items and a delicatessen or snack bar.
30. Converted Dwelling means a building converted to contain a greater number of dwelling
units than the building contained prior to that conversion.
31. Converted Group Industrial Building means a building originally built and designed as a single
industrial building existing as of the date of this By-law which has been converted into two or
more industrial units, which are separately owned and located on a separate lot, divided
vertically by a solid common wall extending from the base of the foundation to the roof line
with independent entrances and loading spaces which may be characterized by the sharing
of common parking areas and driveways.
32. Corner Vision Triangle means that part of a corner lot adjacent to the intersection of the
exterior lot lines measured from such intersection, the distance required by this By-law, along
each such street line and joining such points with a straight line. The triangular-shaped land
between the intersecting lines and the straight line joining the points, the required distance
along the street lines, shall be known as the "corner vision triangle" as applied to various
sections of this Land Use By-law under the terminology of "visibility at street intersections".
33. Council means the Council of the Town of Yarmouth.
34. Development includes any erection, construction, alteration, placement, location,
replacement or relocation of or addition to a structure and a change or alteration in the use
made of land or structures.
35. Development Agreement means an agreement made pursuant to the provisions of the
Municipal Government Act, the Yarmouth Municipal Planning Strategy and this Land Use By-
law.
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36. Development Officer means the Officer of the Town of Yarmouth from time to time charged
by the Town with the duty of administering the provisions of the Land Use By-law pursuant
to the Town of Yarmouth Municipal Planning Strategy and the Municipal Government Act.
37. Distillery means a manufacturing plant or establishment where distilling, especially the
distilling of liquors, is done. Distillation is a process of separating the component or
substances from a liquid mixture by selective evaporation and condensation.
38. Domestic and Household Arts includes the sale, instruction or participation in music, dancing,
arts and crafts, weaving, painting, sculpturing, moulding or otherwise making or repairing
sporting equipment, musical instruments, garden or household equipment, household
articles such as small appliances or furniture items, articles of clothing, personal effects or
toys. Uses shall not include the making or repairing of motorized vehicles or parts, industrial
manufacturing or repairs nor shall it include the sale of goods other than those made or
repaired on the site.
39. Double Cart Corral means two single cart corrals placed back to back occupying two (2)
parking spaces for a maximum dimension of 3.05 m (10 ft) wide by 12.2 m (40 ft) long.
40. Duplex means a building that is divided horizontally into two dwelling units each of which has
an independent entrance either directly from outside the building or through a common
vestibule.
41. Dwelling means a building, occupied or capable of being occupied as a home, residence or
sleeping place by one or more persons, containing one or more dwelling units and shall not
include a hotel, a motel or an apartment hotel.
42. Dwelling Unit means one or more habitable rooms designed or intended for use by one or
more individuals as an independent and separate housekeeping establishment in which
separate kitchen and sanitary facilities are provided for the exclusive use of such individual
or individuals, with a private entrance from outside the building or from a common hallway
or stairway inside the building. Nothing in this definition shall exclude multiple kitchens or
sanitary facilities in a dwelling unit.
43. Election Sign means any image, words, sign, picture, device, notice or visual medium, or any
combination thereof, including, without limitation, any poster, placard, bulletin and banner
which:
(i) advertises, promotes, opposes or takes a position with respect to any Candidate or
political party in a Federal, Provincial or Municipal election or by-election, including
an election of a local board or commission; or
(ii) is intended to influence electors to vote for or against an issue associated with a
candidate or political party in a Federal, Provincial or Municipal election or by-
election; or
(iii) is intended to influence electors to vote for or against any candidate or any question,
law or By-law submitted to the electors.
44. Emergency Response Centre means a building or part of a building where emergency vehicles
are housed until dispatched, which may include accessory overnight accommodations
(sleeping quarters) for personnel directly related to this use and without limiting the
generality of foregoing may include such establishments as ambulance response centres,
police response centres, emergency measures response centres, fire response centres and
search and rescue response centres.
45. Erect means to build, construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing shall be taken to include any preliminary physical operation such
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as excavating, grading, piling, cribbing, filling or draining or structurally altering any existing
building or structure by an addition, deletion, enlargement or extension.
46. Established Building Line means the average distance of the existing building from the street
line to existing buildings in any block where more than half the frontage has been built upon
at the effective date of this By-law.
47. Existing means existing as of the effective date of this By-law, but excludes Institutional Uses
located within the O-1 Zone.
48. Feed Lots means any lot, building, structure, pen or corral wherein any animals or livestock
are maintained primarily for the purpose of feeding, breeding, raising or holding for shipment
to market but shall not include areas of land used solely for grazing purposes.
49. Fish and Food Processing Facility means a building or part of a building used for processing
any fish or food processing matter from raw organic materials which may create any
obnoxious odors or waste materials and shall include fish processing, rockweed and seaweed
processing, animal meat matter processing and any organic waste or composting types of
activities and other similar types of uses including any salting, smoking or canning of fish or
meat products, but excludes warehousing and distribution of fish and food products.
50. Fish Reduction Plant means a building or part of a building where fish offal, whole or parts of
fish or any combination thereof is rendered into fish meal, fertilizer, slurry or other by-
product but shall not include a fish plant.
51. Fishing and Marine Related Industries means a building or yard or part thereof used in the
fishing industry and includes the maintenance and repair of fishing vessels, fishing tackle,
traps and other equipment as well as support industries to the fishing industry, but excludes
fish and food processing plants and/or fish reduction plants.
52. Fitness Centre means an establishment used for the purpose of a gymnasium, sauna,
swimming-pool and other sports-related recreational activities and services.
53. Floor Area:
(A) With Reference to a Dwelling means the maximum usable floor area contained within
the outside walls excluding any private garage, proch, verandah, sunroom, unfinished
attic or basement and cellar or other room not habitable at all seasons of the year;
(B) With Reference to an Accessory Building means the maximum usable floor area
contained within the outside walls and shall include the combined floor area of any
floors, loft or mezzanine.
(C) Commercial Floor Area means the total usable floor area within a building used for
commercial purposes but excludes washrooms, furnace and utility rooms.
(D) Gross Commercial Floor Area means the aggregate of the usable floor areas of a
building above or below grade, measured between the interior faces of the exterior
walls of the building at each floor level but excluding car parking areas within the
building, and for the purpose of this clause, the walls of an inner court shall be
deemed to be exterior walls. Gross floor areas shall mean the same as gross
commercial floor area.
(E) Usable Floor Area shall be defined as a floor area with a minimum height clearance
of at least 1.22 m (4 ft).
(F) With Reference to a Home Occupation (non-residential use) means the percentage
as specified in the By-law of the dwelling's usable floor area contained within the
outside walls above or below grade.
54. Food Trucks means any mobile motor vehicle, trailer, or similar structure designed for
preparing and offering food that is situated on a single commercial property twelve (12)
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months out of the year. Food trucks are required to obtain both a Development Permit as
well as a Vendors Permit in the Town of Yarmouth.
55. Governmental Insititutional Facility means a building or part of a building owned, operated
or occupied by a Federal, Provincial or Municipal Government or an agent thereof to provide
governmental services and without limiting the generality of the foregoing, may include
hospitals, nursing homes, homes for special care, rehabilitation centres, residential care
facilities, public works facilities, public recreational facilities, educational facilities, juvenile
detention facilities, correctional facilities, custodial care facilities, customs and custom
compounds, military and civil defense facilities, naval dockyards, court houses, police
stations, emergency protection facilities and dispatch centres, fire stations and other similar
uses but shall not include any Federal, Provincial or Municipal Government office as a main
use, any manufacturing or industrial operations, any composting and/or recycling operation
or any waste facility or depot or other similar uses.
56. Group Dwelling means two or more buildings each containing one or more dwelling units
located on a lot.
57. Group Home means a single housekeeping unit in a residential dwelling in which more than
three (3) residents live together under supervision, in accordance with Provincial
requirements. The home shall be licensed or approved by the Province. "Residents" for the
purpose of this definition shall be defined as to exclude staff or visiting family.
58. Guest Home or Bed and Breakfast means the use of a dwelling unit where the resident owner
or resident occupant rents not more than six (6) bedrooms, with or without meals, to the
travelling public for overnight accommodation. The Guest Home or Bed and Breakfast use
shall not include facilities open to the general public such as meeting rooms, restaurants, or
entertainment facilities.
59. Hazardous Materials means any material that, because of its quantity, concentration, or
physical or chemical characteristics, may pose a real hazard to human health or the
environment and includes any industrial by-product, especially from the manufacture of
chemicals, that is destructive to the environment or dangerous to the health of humans,
plants or animals. It shall include any item or agent (biological, chemical, physical) which has
the potential to cause harm to humans, animals, or the environment, either by itself or
through interactions with other factors and shall include any substance or chemical which is
a health hazard, physical hazard or a risk to public safety or the environment. It includes, but
not limited to, all materials listed in the Canadian Workplace Hazardous Materials
Information System (WHMIS).
60. Heavy Industry means a building or part of a building engaged in the basic process and
manufacturing of materials or products predominately from extracted or raw materials, of
finished or unfinished products or components, including processing, fabrication, assembly,
treatment, packaging, incidental storage and other similar activities, including the sale and
distribution of such products or components but shall not include any manufacturing process
or storage of any potentially hazardous or commonly recognized offensive materials,
activities or conditions.
61. Heavy Service Industry means a building or part of a building engaged in the following
activities: the processing of milk and dairy products, a recycling centre, the shredding and/or
sorting of materials, a bakery, a candy factory, a public or private garage including engine and
body repair shop, a printing establishment, a laundry or cleaning establishment, a painting
shop including a decal shop, a plumbing shop, a sheet metal shop, a glass making, glass
blowing, glass repair and glass fabrication shop, a metal fabrication shop, a sign shop, a wood,
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lumber and furniture manufacturing shop, a door and window manufacturing shop, a building
material manufacturing shop, a plastic fabrication shop and similar uses and includes the
designing and manufacturing aspects as well as the accessory retail sales of such items.
62. Heavy Service Shop means a building or part of a building, used for the sale or repair of any
of the following: automotive parts and accessories, industrial supplies, tires, including
vulcanizing or retreading, batteries, brakes or radiators, automotive ignitions, exhaust or
electrical systems, snowmobiles, outboard motors, marine parts and accessories, furnaces or
oil burners, water or air coolers or domestic water heaters and other similar uses, but shall
not include manufacturing or industrial assembly. Heavy service shop also includes an
establishment for the renting and selling of automobiles, trucks, light construction equipment
or lawn care equipment or any other like articles.
63. Height means the vertical distance of a building between the established grade and:
i) The highest point of the roof surface of the parapet, or a flat roof, whichever is the
greater;
ii) The deckline of a mansard roof; or
iii) The mean level between eaves and ridges or a gabled, hip, gambrel or other type of
pitched roof; but shall not include any construction used as ornament or for the
mechanical operation of the building, a mechanical penthouse, chimney, tower, cupola
or steeple.
64. High Water Mark (HWM) means the ordinary high water mark, the visible high water mark
of any lake, stream, or other body of water where the presence and action of the water are
so common and usual and so long continued in all ordinary years as to mark upon the soil of
the bed of the lake, river, stream, or other body of water a character distinct from that of the
banks, both in vegetation and in the nature of the soil itself. Typical features may include a
natural line or "mark" impressed on the bank or shore, indicated by erosion, shelving,
changes in soil characteristics, destruction of terrestrial vegetation, or other distinctive
physical characteristics. For the purpose of the Land Use By-law the High Water Mark (HWM)
shall be as defined by a Nova Scotia Land Surveyor in keeping with the definition of "ordinary
high water mark" pursuant to the Nova Scotia Land Surveyors Regulations as outlined below:
"ordinary high water mark" means the limit or edge 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;
(Nova Scotia Land Surveyors Regulations).
65. Home Based Aesthetic Practices means a home based business catering to personal
beautification serving to beautify the body by improving the appearance of a physical feature
and shall be conducted entirely within a dwelling or an accessory building to a dwelling, which
is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does
not change the character thereof. Home based aesthetic practices shall not include the retail
sale of any products. Services include personal services such as hair styling, hair treatments
and/or hair cutting services such as barber shops and hair salons, skin analyzing, skin care,
facials, waxing, manicures, pedicures, massage and acupuncture treatments, spa treatments,
body treatments, foot reflexology treatments, body polishes, body wraps, spray tanning
treatments, eyelash tinting, makeup artistry, microdermabrasion, aromatherapy, or
electrolysis, and other similar treatments, but shall not include the use of any tanning beds
or tanning booths and similar equipment, or any medical or therapeutic treatment of humans
under the supervision or direction of a physician, and excludes the services of a chiropractor,
osteopath, orthopedic practitioner, cosmetic surgery practitioner, physiotherapist,
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naturopathy practitioner, dietician/nutritionist practitioner, herbalist practitioner, Chinese
medical practitioner, rehabilitation practitioner, eating disorder therapist, ultrasound
technologist, speech language pathologist, audiologist, or nurse practitioner, whether or not
licensed or registered under the laws of the Province of Nova Scotia.
66. Home Based Office means any office conducted entirely within a dwelling or an accessory
building to a dwelling and carried on by the inhabitants thereof, which is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and does not change the
character thereof, where business may be transacted, a service performed, compensation
given, but shall not include the manufacturing of any product or the retail selling of goods
and shall not include such uses as clinics, doctor's offices, medical offices, hospitals, medical
or care facilities, personal service shops, commercial service shops, repair shops, barber
shops, beauty shops, restaurants, veterinarian offices, veterinarian clinics, kennels, animal
nurseries and other similar types of uses.
67. Hospital means a building or part of a building approved by the Minister in keeping with the
Hospitals Act, R.S.N.S., 1967, Chapter 249 that is used for the treatment of persons afflicted
with or suffering from sickness, disease or injury.
68. Hostel means a building or buildings or part thereof used to accommodate the traveling
public by supplying them with sleeping accommodations with or without meals and which is
characterized by common cooking and washroom facilities which provides rental dormitory
bed spaces to individuals and/or groups of the travelling public.
69. Hotel or Motel means a building or buildings or part thereof on the same site used to
accommodate the travelling public for gain or profit, by supplying them with sleeping
accommodation with or without meals and with or without private cooking facilities.
70. Inn means a registered heritage property or part thereof used to accommodate the travelling
public for monetary gain by supplying them with room or room and board on a temporary
basis where not more than eight (8) rooms or rental suites are provided and may include the
rental of room(s) as a function room facility for special occasions.
71. Institution means the use of land, buildings or structures used by a body, whether public or
private, that operates for a particular purpose with no intent of profit and without limiting
the generality of the foregoing, includes those uses permitted in the Institutional (I-1) zone.
72. Insurance and Brokerage Agency means a business office conducted within a building or part
of a building wherein agents or brokers are primarily engaged in the selling of insurance and
pension products and other similar items.
73. Internet Web Site Development means a building or part of a building in which persons are
employed in providing services for the design, development and maintenance of internet
based web sites. For the purpose of this By-law this use shall be a separate and distinct use
from a business office use or a professional office use.
74. Kennels means the keeping, breeding or training of four (4) or more dogs exceeding the age
of four (4) months.
75. Landscaped Strip means a strip of landscaping that is defined by a depth or width which is
free or unoccupied of any building, structure, open storage, outdoor displays, signage,
parking or loading areas, or any other obstruction other than landscaping features.
76. Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural
elements, decorative stonework, paving screening or other architectural elements all of
which are designed to enhance the visual amenity of a property or to provide a screen to
mitigate any objectionable aspects that may detrimentally affect adjacent lands.
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77. Light Industry means a building or part of a building housing a use primarily engaged in the
manufacturing, predominately from previously prepared materials, of finished products or
parts, including processing, fabrication, assembly, treatment, packaging, incidental storage,
sales and distribution of such products or components, but excludes any type of heavy
industry use.
78. Light Service Industry means a building or part of a building comprising an area of 278.7 m2
(3,000 ft2) or less engaged in the following activities: a bakery, a candy factory, a public or
private garage including engine and body repair shop, a printing establishment, a laundry or
cleaning establishment, a painting shop including a decal shop, a plumbing shop, a sheet
metal shop, a glass making, glass blowing, glass repair and glass fabrication shop, a metal
fabrication shop, a sign shop, a wood, lumber and furniture manufacturing shop, a door and
window manufacturing shop, a building material manufacturing shop, a plastic fabrication
shop and similar uses and includes the designing and manufacturing aspects as well as the
accessory retail sales of such items.
79. Light Service Shop means a building or part of a building, used for the sale or repair of
household articles and shall include the repair or servicing of communication parts &
accessories, electronic devices, television sets, radios, home security systems, satellite
systems, computers, furniture, appliance repair shops and other similar uses, but shall not
include manufacturing, industrial assembly or motor vehicle repair shops.
80. Live Adult Entertainment means any premises or part thereof, whether public, semi-public,
or private, wherein is provided the opportunity to feel, handle, touch, be in the presence of,
or be entertained by the nude body of another person, or to observe, or view any such
activity. For the purpose of this By-law, "Live Adult Entertainment" shall include any services
appealing to or designed to appeal to erotic or sexual appetites or inclinations, and includes
massage parlours. Such services shall include, but not limited to, services of which a principle
feature or characteristic is the nudity or partial nudity of any person. For the purpose of this
clause "partial nudity" shall mean less than completed cover or opaquely covered human
genitals, human pubic region, human buttocks, or female breast below a point immediately
above the top of the areola. Nothing in the definition of "Live Adult Entertainment" shall be
construed to apply to the presentation, showing, or performance of any play, drama, or ballet
in any theatre, concert hall, fine arts academy, school, institution of higher education, or
other similar establishments as a form of expression of opinion or the communication of ideas
or information.
81. Live-in Art Gallery Studio means a building or part of a building used to produce artist's
products including the display and retail sales of artist supplies and products with an
accessory residential use solely to be occupied as a residence by the user.
82. Loading Space means an unencumbered area of land 3.66 m (12 ft) by 12.19 m (40 ft) with a
minimum height clearance of 4.27 m (14 ft) provided and maintained on the same lot upon
which the principal use is located and which area:
(A) Is suitable for the temporary parking of one commercial motor vehicle while
merchandise or materials are being loaded or unloaded from such vehicle, and such
parking shall not be for the purpose of sale or display;
(B) Is not upon or partly upon any street or highway; and
(C) Has adequate access to permit ingress and egress by means of driveways, aisles,
maneuvering areas or similar areas, no part of which shall be used for the temporary
parking or storage of one or more motor vehicles.
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83. Lobster Trap Storage Facilities means a lot or part of a lot used for the open storage of lobster
traps, buoys, ropes, nets, and other similar gear associated with the lobster industry.
84. Lot means any parcel of land described in a deed as a lot or as shown as an approved lot on
a registered plan of subdivision; and
(A) Corner Lot means a lot situated at the intersection of or otherwise abuts two or more
streets. Where a corner lot is to be utilized for any residential or institutional use, the
shorter lot line shall be deemed the front lot line of said lot. Where a corner lot is to
be utilized for any commercial or industrial use, the shorter lot line may be deemed
the flanking lot line rather than the front lot line provided that at least one lot line is
equal to the minimum lot frontage prescribed for the zone in this By-law, and
provided that no lot line be less than fifty (50) percent of the minimum lot frontage
prescribed for the zone in this By-law;
(B) Interior Lot means a lot situated between two lots and having access to one street;
(C) Through Lot means a lot bounded on two opposite sides by streets or highway or
otherwise abuts two different streets provided however, that if any lot qualifies as
being both a corner lot and through lot as herein before defined, such lot shall be
deemed to be a corner lot for the purpose of this By-law.
85. Lot Area means the total horizontal area within the lot lines of a lot.
86. Lot Depth means the horizontal distance between the front and rear lot lines. Where these
lot lines are not parallel, the lot depth shall be the length of a line joining the midpoints of
the front and rear lot lines.
87. Lot Frontage means the length of a straight line joining the side lot lines where the side lot
lines meet the street.
88. Lot Line means a boundary line of a lot; and
(A) Front Lot Line means the line dividing the lot from the street. On lots with no street
frontage, the front lot line shall mean the lot line which is closest and most parallel to
the closest street. Where a corner lot is to be utilized for any residential or
institutional use in the R-1, R-2, R-3, R-H, CD or an I-1 zone, the shorter lot line shall
be deemed the front lot line of said lot. Where a corner lot is to be utilized for any
commercial or industrial use in the C-1, C-2, C-2M, C-3, CI-4, CI-5, C-H or M-1 or M-2
zone, the shorter lot line may be deemed the flanking lot line rather than the front lot
line provided that at least one lot line is equal to the minimum lot frontage prescribed
for the zone in this By-law, and provided that no lot line be less than fifty (50%)
percent of the minimum lot frontage prescribed for the zone in this By-law. Where
such lot lines are of equal length, the front lot line shall be either of the lot lines. In
the case of a through lot, any boundary dividing the lot from a street shall be deemed
to be the front lot line;
(B) Rear Lot Line means the lot line furthest from or opposite to the front lot line;
(C) Side Lot Line means the lot line other than a front or rear lot line;
(D) Flanking Lot Line means a lot line which abuts the street on a corner lot other than
the front lot line.
89. Main Building means the building in which is carried on the principle purpose for which the
building lot is used.
90. Main Use means the principal or primary purpose for which any building, structure or land or
any part thereof is designed, utilized, arranged, or intended, or for which it may be
constructed, used, occupied or maintained under this By-law, but shall not include any
accessory use.
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91. Main Wall means the exterior front, side or rear wall of a building, and all structural members
essential to the support of a fully or partially enclosed space or roof.
92. Massage Parlour means any premises or part thereof, by whatever name designated, where
a massage, body rub, alcohol rub, bath or similar activity is performed, offered, advertised or
solicited by members of the opposite sex in pursuance of a trade, calling, business or
occupation or which is equipped or arranged so as to provide such activity, but does not
include any premises or part thereof where treatment is routinely offered or performed for
the purpose of medical or therapeutic treatment and is performed or offered by or under the
supervision or direction of a physician, chiropractor, osteopath, physiotherapist, or nurse
licensed or registered under the laws of the Province of Nova Scotia.
93. Medical Clinic means a building or part of a building wherein a private practice offers
consultation, diagnosis and treatment of patients by one or more legally qualified physicians,
dentists, surgeons, optometrists, chiropodists, chiropractors, drugless practitioners,
alternative medical practitioners or therapeutic practitioners, together with their qualified
assistants and without limiting the generality of the foregoing, the building may include
administrative offices, waiting rooms, treatment rooms,laboratories, pharmacies and
dispensaries directly associated with the clinic, but shall not include accommodation for in-
patient care or operating rooms for major surgery nor public or private hospital or a
professional office of a single practitioner located in his residence.
94. Cultivation and Processing means a use enclosed within a building or greenhouse used to
grow, and process a plant product, including but not limited to marijuana. This use shall
operate in a manner appropriate for the zone it is permitted, so as to minimize and prevent
any negative impact on surrounding properties by sound, odor, dust, fumes or smoke.
95. Microbrewery means a small-scale brewery which typically produces limited quantities of
specialty beers, and may sell beverages.
96. Microwinery means a small winery that does not have its own vineyard to produce wine.
Their production is on a small scale and usually for local consumption.
97. Microdistillery means a small, often boutique-style distillery established to produce beverage
grade spirit alcohol in relatively small quantities, usually done in single batches.
98. Minimum Climate Change Building Grade Elevation (Minimum Building Grade Elevation)
means the lowest point of elevation measure in Canadian Geodetic Vertical Datum (CGVD28)
of the finished surface of the ground abutting the exterior wall of any building along the
periphery of the entire exterior of the building.
99. Minimum Climate Change Grade Elevation (Minimum Grade Elevation for the storage of
hazardous materials only) means the lowest point of elevation measure in Canadian
Geodetic Vertical Datum (CGVD28) of any container containing any hazardous materials.
100. Minimum Wharf Grade Elevation means the lowest point of elevation measure in
Canadian Geodetic Vertical Datum (CGVD28) of the finished surface of the wharf's decking
throughout the entire wharf structure.
101. Mobile Home means a single or multiple section mobile home structure designed for
transportation after fabrication, whether on its own wheels or on a flatbed or other trailer
and which arrives at the site where it is to be occupied as a dwelling complete and ready
for occupancy, except for minor and incidental unpackaging and assembly; and the
foregoing shall include pre-fab dwellings having any main wall with a width of less than 6.1
m (20 ft.). For the purpose of this section, a main wall is any exterior wall of the building
running a linear distance of fifty (50%) percent or more of the overall length or width of the
building.
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102. Mini Home means a single or two (2) unit dwelling, built on site, having any main wall with
a width of less than 6.1m (20ft.). For the purpose of this section, a main wall is any exterior
wall of the building running a linear distance of fifty (50%) percent or more of the overall
length or width of the building.
103. Mobile-Home Based Business means a commercial use which provides full or part-time
employment for one or more person(s), which use is located in a residence occupied by the
operator of that business and where such business provides public transactions entirely at
another location, characterized primarily with non-public activities (no traffic at residence
other than incidental bill payments) and without limiting the generality of the foregoing,
may include door to door sales, door to door service, internet services, computer services,
telephone services, video & audio services, personal grooming services, pet grooming
services, household repair services, travelling vendors and food catering services but shall
exclude any manufacturing or fabrication of goods for sale other than those items that may
be manufactured or fabricated as a domestic and household arts operation or for a food
catering service.
104. Mobile Home Park means an establishment comprising of land or premises designed and
intended for residential use where residence is in mobile homes exclusively but does not
include public parks or public or private camping grounds.
105. Multiple Section Mobile Home means a sectional structure composed of separate mobile
home units, each towable on their own chassis, which when towed to the site are coupled
together mechanically and electrically to form a single structure.
106. Multiple Unit Building means a building containing more than two (2) dwelling units which
have a common entrance from the street level, but does not include converted dwellings.
107. Nursery means a building or part of a building or other place, whether known as day
nursery, kindergarten, play school, or by any other name which, for compensation or
otherwise, receives four or more children under eighteen years of age for temporary care
including overnight accommodation.
108. Nursing Home means a building or place or part of a building or place in which
accommodation is provided or is available to persons requiring or receiving skilled nursing
care in accordance with Provincial requirements. The nursing home shall be licensed or
approved by the Province. "Residents" for the purpose of this definition shall be defined as
to exclude staff or visiting family.
109. Obnoxious Use means a use which, from its nature or operation, creates a nuisance or is
offensive by the creation of noise or vibration or by reason of the emission of gas, fumes,
dust, oil or objectionable odour or by reason of the unsightly storage of goods, wares,
merchandise, salvage, refuse matter, waste or other materials.
110. Off-Site Parking Space means an open or covered area containing parking spaces, other
than a street, for one or more motor vehicles, exclusively devoted to an off-site use of land
or building.
111. Office means a room or rooms where business may be transacted, a service performed or
consultation given but shall not include the manufacturing of any product or the retail
selling of goods.
112. Open Air Cinema (Theatre) means the presentation of a movie, sporting event, or similar
events on an outdoor screen which may or may not be viewed from a vehicle.
113. Open Air Market means an occasional or periodic market held in an open area, building or
portion thereof where groups of individuals offer goods and services for sale to the public.
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The following activities shall be permitted: retail sale of food, clothing, arts & crafts, second
hand items, plants and products of a similar nature.
114. Outdoor Display means an area of land where goods are displayed and which are available
for sale to the general public from a retail outlet located on the same lot.
115. Outdoor Furnace means a furnace which provides heat to any structure other than that
which houses the outdoor furnace.
116. Parking Area means an area of land, other than a street, containing parking spaces for two
or more motor vehicles, and includes an area of land which permits ingress or egress of
motor vehicles to a street by means of on-site driveways, parking aisles or maneuvering
areas exclusive of any parking spaces. A parking area shall be designed and maintained so
that no parking or maneuvering incidental to parking shall be on any street and no parking
shall be located within the entrance to a parking space.
(A) Parking Space (Residential) means an area of land in a residential area of not less
than 14.8m2 (160 square feet), measuring 2.4 m by 6.1 m (8 x 20 ft) exclusive of
driveways or aisles, for the temporary parking or storage of motor vehicles, and
which has adequate access to permit ingress and egress of a motor vehicle to and
from a street or highway by means of driveways, aisles or maneuvering areas.
(B) Parking Space (Commercial) means an area of land in a commercial or industrial
area not less than 16.7 m2 (180 ft2), measuring 2.7 m by 6.1 m (9 x 20 ft) exclusive
of driveways or aisles, for the temporary parking or storage of motor vehicles, and
which has adequate access to permit ingress and egress of a motor vehicle to and
from a street or highway by means of driveways, aisles or maneuvering areas.
117. Parking Structure means a structure built above or below grade to accommodate the
parking of motor vehicles and shall exclude wharves, platforms or other similar structures
used to accommodate the parking of motor vehicles at grade level.
118. Passive Recreation Uses means the use of lands for parks, playgrounds, tennis courts, lawn
bowling, athletic fields, picnic areas, outdoor swimming areas and similar uses to the
foregoing.
119. Perpendicular Parking Space means an area not less than 16.7 m2 (180 ft2), measuring 2.7
m by 6.1 m (9 x 20 feet) and located at ninety (90o) degrees (right angles) to the street and
each parking space shall be demarcated and maintained as such.
120. Person includes an individual, association, firm, partnership, corporation, trust,
incorporated company, organization, trustee or agent, and the heirs, executors or other
legal representatives of person to whom the context can apply according to law.
121. 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, including a person's household pet and without limiting the generality of the
foregoing, may include such establishments as barber shops, beauty parlours, automatic
laundry shops, hairdressing shops, shoe repair and shoe shining shops, and depots for
collecting dry cleaning and laundry but excludes any manufacturing or fabrication of goods
for sale.
122. Place means to attach, install, erect, build, construct, reconstruct, move display or affix.
Placed, Placement and Placing shall have a similar meaning.
123. Primary Facade means the exterior outward face of a building. The facade of interest is
that surface that serves as the front of that building and faces a building's primary street.
Front facades shall incorporate an entrance to the building and other elements of visual
interest such as windows, dormers, canopies, awnings, flower boxes, shutters, etc.
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124. Primary Residence is the dwelling where the occupant usually lives and is the address given
for identification, bills, and tax documents.
125. Private Club means a building or part of a building used as a meeting place for members of
an organization and may include a lodge, a fraternity or sorority house or a labour union
hall.
126. Private Garage means an enclosed or partially-enclosed structure for the storage of one or
more vehicles, in which no business, occupation or service is conducted for profit.
127. Private Off-site Parking Space means an open or covered area containing a parking space
used exclusively for private purposes for an off-site use of land or building but shall not
include any public spaces located on land under public ownership.
128. Private Parks and Gardens means a use of land used to plant and grow a variety of
vegetation, including plants, vegetables, shrubbery, trees and other similar species and
shall not be used for any monetary gain or profit. Said use shall include accessory structures
such as storage sheds, benches, garden trellises, pergolas, gazebos and other similar
structures.
129. Professional Office means a building or part of a building primarily engaged in providing
professional services in which one or more persons are employed in the management,
direction or conducting of a professional business or where persons and their staff serve
clients who seek advice or consultation and includes any room or rooms where business
may be transacted, a service performed or consultation given and includes, but is not
limited to, such uses as professional services, accountants, architects, engineers and
lawyers and other similar uses, but shall not include the manufacturing of any product or
the retail selling of goods. A professional office shall include those uses defined as a
"business office" and vice versa.
130. Public Authority means any Board, Commission or Committee of the Town of Yarmouth
established or exercising any power of authority under any general or specific statute of
Nova Scotia with respect to any of the affairs or purposes of the Town or a portion thereof
that includes any committee or local authority established by a By-law of the Town.
131. Public Park means a park owned or controlled by a Public Authority or by any Board,
Commission or other authority established under any statute of the Province of Nova
Scotia, or under any By-law of the Town of Yarmouth.
132. Real Estate and Brokerage Agency means a business and professional office conducted
within a building or part of a building wherein agents primarily engage in the buying or
selling of real estate, and shall include the managing and appraising of real estate.
133. Recreational Uses means the use of land for parks, playgrounds, tennis courts, lawn
bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic areas,
swimming pools, day camps, community centres and similar uses to the foregoing, together
with accessory buildings and structures, but not including a track for the racing of animals
or any form of motorized vehicles.
134. Recycling Plant means a building or part of a building wherein recovered or recoverable
resource materials; such as newspapers, magazines, books and other paper products, glass,
metal cans, and other recovered or recoverable materials are recycled or reprocessed
within wholly enclosed buildings and shall include warehousing and distribution, but shall
not include a salvage yard.
135. Registered Heritage Property means a building or lot which is designated with a heritage
value in a registry of heritage properties at the Provincial or Municipal level and shall
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include all those properties located within a Heritage Conservation District pursuant to the
Heritage Property Act.
136. Residential Care Facility means a single housekeeping unit in a residential dwelling where
accommodations and supervisory care or personal care are provided to four or less
residents in accordance with provincial requirements. The home shall be licensed or
approved by the province. "Residents" for the purpose of this definition shall be defined as
to exclude staff or visiting family. A residential care facility does not include a place
maintained by a person to whom the residents are related by blood or marriage, a nursing
home, a group home, a boarding or rooming house, a correction facility or a hospital.
137. Restaurant means a building or part thereof where food and/or beverages are offered for
sale to the public for consumption at tables or counters either inside or outside the building
on the lot or adjacent to the lot such as, but not limited to , a public sidewalk location. As
an accessory use, take-out service of food and/or beverages for off-site consumption may
be provided for walk-in consumers or for take-out delivery to an off-site location for off-
site consumption.
(A) Drive-In Restaurant means a restaurant where facilities are available to serve
food and/or beverages directly to customers for consumption in a parked
automobile located in a parking area located on-site or off-site in an area
designed for that purpose.
(B) Drive-Thru Restaurant means a restaurant where facilities are available to
accommodate a drive-thru window service where food and/or beverages are
served directly to customers located in automobiles for consumption either on-
site or off-site.
138. Retail Shop means a use:
(A) where a building or part thereof in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale directly to the public at
retail value;
(B) that may include a pharmacy with an ancillary private space for treatment and
prevention, diagnoses, and treatment of minor ailments, as generally enabled by
the Provincial 'pharmacist walk-in clinics' and 'pharmacy primary care clinics'
program, but shall not include in-patient care services (i.e. overnight stay), or
operating rooms for major surgery; and
(C) that is not a Medical Clinic as defined by this Bylaw.
139. building or part thereof in which goods, wares, merchandise, substances, articles or things
are offered or kept for sale directly to the public at retail value.
140. Scrap Yard means a lot or premises for the storage or handling of scrap material, and
without limiting the generality of the foregoing, shall include waste paper, rags, bones,
bottles, used bicycles, vehicles, tires, metal or other scrap material or salvage.
141. Seasonal Retail Trade means a commercial use of a seasonal or part time nature involving
the sale of goods or a recreational activity which is operated during a time frame of no
more than nine (9) months from the beginning date to the end date in any calendar year.
Any use which operates longer than nine (9) months in any calendar year shall be deemed
permanent and not a seasonal retail trade use.
142. Semi-Detached Dwelling means a building that is divided vertically by a property line
approved by subdivision into two dwelling units each of which has an independent
entrance.
143. Senior means a person who has attained the age of fifty-eight (58 yrs) years.
178
144. Service Industries includes the processing of milk and dairy products, a bakery, a public
garage including engine and body repair shop, a printing establishment, a laundry or
cleaning establishment, a painting shop, plumbing shop, sheet metal shop and similar uses.
145. Service Shop means a building or part of a building wherein the primary use is the
installation, repair or servicing of electronic devices, television sets, radios, home security
systems, satellite services, furniture and similar articles/goods; and includes the accessory
retail sales of similar items but shall not include manufacturing, industrial assembly or
motor vehicle repair shops.
146. Setback means the distance between the limits or boundary of a public right-of-way or a
common lot boundary and the nearest main wall of the building or structure and extending
the full width or length of the lot.
147. Sewage Treatment Facility means a building, buildings or portion thereof which provide
the collection, treatment and disposal of sewage from domestic, commercial and/or
industrial uses.
148. Shopping Centre means a commercial development used primarily for the purposes of
retail trade with 4645m2 (50,000 sq. ft.) or more of gross commercial floor area, designed,
developed, operated or controlled by a single owner or tenant, or a group of owners or
tenants characterized by the sharing of common parking areas.
149. Short-term Rental means a dwelling unit offered as overnight accommodation to the
travelling public for a rental period of less than twenty eight (28) consecutive days. This
definition excludes a Guest Home or Bed and Breakfast.
150. Side by Side Residential Dwelling means a building that is divided vertically into two (2) or
more dwelling units located on one (1) lot, each of which has an independent entrance
either directly from the outside of the building or through a common vestibule.
151. Sign means a structure, device, light or natural object including the ground itself and any
device attached thereto, painted or represented on it, that is intended to communicate a
visual message to identify, advertise or attract attention to anything, capable of being
viewed from off premises:
(A) Free Standing Sign means a sign supported by one or more uprights, poles or braces
placed in or upon ght ground;
(B) Illuminated Sign means a sign that provides artificial light directly, or through any
transparent or translucent material, from a source of light connected with such sign,
or a sign illuminated by a light focused upon or chiefly directed at the surface of the
sign;
(C) Projecting Wall Sign means a sign which projects from and is supported by a wall of
a building;
(D) Flat Fixed Wall Sign means a sign which is attached to and supported by a wall of a
building;
(E) Temporary Sign means a sign which may be erected for a specified period of time
and may include portable signs, banners, sandwich board signs and the like;
(F) Roof Signs 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;
(G) Sign Area means the area of the smallest triangle, rectangle, circle or semi-circle
which can wholly enclose the surface area of the sign. All visible faces of a multi-
faceted sign shall be counted separately and then totaled in calculating sign area.
Where signs are comprised of individual letters, the total area of letter surface shall
be the sign area;
179
(H) Number of Signs a sign is a single display surface or device, but a series of related
elements organized to convey a single message counts as one sign; and,
(I) Product Display Ground Sign means a free standing sign which is advertising solely
the products name and/or price of the product. The product name may include a
description of the product.
152. Single Cart Corral Means an enclosure solely devoted to the storage of shopping carts
occupying one (1) parking space for a maximum dimension of 18.5 m2 (200 ft2), measuring
3.05 m wide by 6.1 m long (10 x 20 ft).
153. Single Detached Dwelling means a completely detached dwelling unit.
154. Small Accessory Wind Turbines means a wind energy conversion system which may consist
of a wind turbine, a tower and associated control or conversion electronics, which has a
rated capacity of not more than 100 kw/1 mw and is exclusively devoted to reduce on-site
consumption of utility power of any use or building located on the same lot.
155. Special Occasion means a temporary, short-term use of land or buildings, by registered not
for profit societies or organizations, for the purpose of fund raising, promotional activities,
celebrations, or for entertainment or amusement. Special Occasion shall also include
community activities and events associated with traditional and religious holidays.
Concession stands may be permitted that are subordinate (of lesser order or importance)
to the main purpose of the temporary, short-term use.
156. Special Sale Occasion means a special sale or promotion organized and operated by a for
profit organization or business to bring attention to its sale and product line for commercial
retail purposes.
157. Sponsorship Recognition Sign means a sign that:
(A) is intended to acknowledge donors and sponsors for their direct involvement in
a community-oriented project or facility developed, owned, or operated by a
government authority, registered not for profit society or organization or under
their direction, unless otherwise stated in section 6.12 of this Bylaw;
(B) may include donor's and sponsor's names and logos, but shall not advertise their
products and services;
(C) may include any type and form of temporary or permanent signage (those
defined and not defined by this Bylaw);
(D) may include a Facility Name Sign as defined by the Bylaw; and
(E) is not a Special Occasion Event Sign, or Third-Party Advertisement Sign as
defined by the Bylaw.
158. Third-Party Advertisement Sign means a sign advertising a business, product or service
that is not available at that location unless the business, product or service being advertised
is directly abutting the property or directly abutting through a group of properties owned
by a single property owner and provided the sign meets all the requirements of the zone.
159. Facility Name Sign means a sign that displays the name and logo of a business, person, or
other entity that purchases or otherwise secures the right to name a community-oriented
recreational or institutional facility.
160. Storey means that portion of a building between any floor and the floor, ceiling or roof
above, provided that any portion of a building partly below grade level shall not be deemed
a storey unless its ceiling is at least 1.8 m (6 ft) above grade. Provided also that any portion
of a storey exceeding 4.3 m (14 ft) in height shall be deemed an additional storey for each
fourteen 4.3 m (14 ft) or fraction thereof of such excess.
180
161. Street means the whole and entire right-of-way of every highway, road or lane, owned and
maintained as a street by the Department of Transportation and Public Works excluding
designated controlled access highways pursuant to Section 20 of the Public Highways Act,
or by the Town of Yarmouth. Any road allowance or right-of-way which is not maintained
by either the Department of Transportation and Public Works or the Town of Yarmouth
shall not be considered a street. Closed or Unopened Street means the whole and entire
right-of-way of every parcel, highway, road or lane owned by the Department of
Transportation and Public Works or by the Town of Yarmouth which is no longer or has
never been maintained as a street by either the Department of Transportation and Public
Works or the Town of Yarmouth.
162. Structure means anything that is erected, built or constructed of parts joined together or
any such erection fixed to or supported by the soil or by any other structure. A structure
shall include buildings, walls and signs and also fences exceeding 1.8 m (6 ft) in height.
162A. Supportive Housing means a use:
(a) where a building, or part of a building, or an arrangement of buildings provides
accommodations and on-site social, physical, or mental health supports to
residents;
(b) that does not include supervised administration of illegal substances; and
(c) that is not a residential care facility
162B. Supportive Housing Sleeping Unit means a lockable room or rooms in a supportive
housing use provided for the use of a single party and may or may not include an en suite
washroom and/or kitchen facilities.
163. Temporary Use means the use of land or building existing or continuing for a limited time
not to exceed thirty (30) days in any calendar year.
164. Tiny Home means a single-family home with a ground floor area of less than seven hundred
(700 ft2) square feet. It can be built independently and in remote locations but may also be
found in a community setting with shared communal spaces, services and utilities.
165. Tiny Community shall be defined as a number of single-dwellings grouped on a property
with shared facilities such as, but not limited to, laundry, kitchen, garden, storage, services
and utilities, and social meeting space. Tiny communities are often managed through a co-
op or condominium model however they can also function as private family homes or rental
units.
166. Tourist Establishment means a building or buildings which are used to accommodate the
travelling public for gain or profit by supplying them with sleeping accommodation with or
without meals, and shall include a guest house, tourist cabins, a motel, a hotel or an auto
court.
167. Town shall mean the Town of Yarmouth.
168. Townhouse Dwelling means a building that is divided vertically or vertically and
horizontally into three (3) or more dwelling units, each of which has independent
entrances, to a front and rear yard immediately abutting the front and rear walls of each
dwelling unit. Townhouse dwellings may or may not be divided by a property line.
Deletion of Transitional and Supportive Housing as per amendment #26
169. Triplex Dwelling means a building that is divided horizontally into three (3) dwelling units,
each of which has an independent entrance either directly or through a common vestibule.
170. Ufish Farms means fish ponds and accessory structures used to raise aquatic plants or
animals (such as fish or shellfish) for the purpose of selling or for providing recreational
181
fishing entertainment but shall not include hatcheries, fish plants, fish reduction plants or
the processing of fish or fish by-products in any fashion.
171. Urban Beekeeping means a business or hobby, where honey bees are kept for the purpose
of honey production or beeswax production whether for domestic or commercial purposes.
172. Veterinarian Clinic means a building or part of a building housing a facility for the medical
treatment and care of animals and includes provisions for their overnight accommodations
and may include an outside exercise play area provided it is wholly enclosed within a 1.8 m
(6 ft) high opaque fence but shall not include any boarding (kennel operation) or breeding
facilities.
173. Warehouse and Distribution means a building or part of a building used for the storage
and distribution of goods, wares, merchandise, substances or articles but shall not include
facilities for wholesale or retail, commercial trade or fuel storage facilities.
174. Water Dependent Use: Any use or activity that:
(A) Must physically be located in, on, over or adjacent to water in order to conduct its
primary purpose; or
(B) Is directly related to the above in a supportive service or commercial activity
including ocean research and development; or
(C) Supports traditional working waterfront activities that enchance historic
preservation.
For clarity this includes marinas, recreational and commercial fishing and boating facilities,
finfish and shellfish processing plants, waterfront dock and port facilities, shipyards and
boat building facilities, machine shops, water-based recreational uses, navigation aids,
industrial uses dependent upon water-borne transportation or requiring large volumes of
cooling or process water, museums and historic buildings, and ocean research and
development facilities. This does not include restaurants, hotels, motels and residential
uses.
175. Wholesale Shop means a building or part of a building in which goods, wares, merchandise,
substances, articles or other similar items are offered or kept for sale at wholesale value,
deriving the largest portion of its gross margin from sales to retailers, industrial,
institutional, farm or professional business uses; or to other wholesalers rather than from
sales to household consumers or private users.
176. Winery means a manufacturing plant or viticultural area that is dedicated to wine making.
A winery could include: vineyards to produce grapes, warehouses to store the produced
wine, and tasting rooms to let consumers taste its wine.
177. Yard means an open, uncovered space on a lot appurtenant to a building (except a court)
and unoccupied by buildings or structures except as specifically permitted elsewhere in this
By-law. In determining yard measurements, the minimum horizontal distance from the
respective lot lines shall be used:
(A) Front Yard means a yard extending across the full width of a lot between the front
lot line and the nearest wall of any building or structure on the lot; a "minimum" or
"required" front yard means the minimum depth allowed by this By-law of a front
yard on a lot between the front lot line and the nearest main wall of any main
building or structure on the lot. In the case of a through lot, the front yard may be
deemed to be any yard which abuts either street;
(B) Rear Yard means a yard extending across the full width of a lot between the rear
lot line of the nearest wall of any main building or structure on the lot, and
"minimum" or "required" rear yard means the minimum depth allowed by this By-
182
law of a rear yard on a lot between the rear lot line and the nearest main wall of
any main building or structure on the lot;
(C) Side Yard means a yard extending from the front yard to the rear yard of a lot
between a side lot line and the nearest wall of any building or structure on the lot,
and "minimum" or "required" side yard means the minimum width allowed by this
By-law of a side yard on a lot between a side lot line and the nearest main wall on
any main building or structure on the lot;
(D) Flanking Yard means the side yard of a corner lot which extends from the front yard
to the rear yard between the flanking lot line and the nearest main wall of any
building or structure on a lot, and "minimum" or "required" flanking yard means the
minimum width allowed by this By-law between a flanking lot line and the nearest
main wall on any main building or structure on the lot.
178. Zone means a specified area of land as shown on a Schedule of this By-law.
183
SCHEDULE "A"
Zoning
TOWN
of
YARMOUTH
Main St
Water St
Pleasant St
Forest St
Starrs Rd
Argyle St
Parade St
Brunswick St
Haley Rd
Cliff St
Elm St
Highway 101
Ellis Rd
Herbert St
Regent St
Hardscratch Rd
South East St
King St
Porter St
William St
Albert St
Hibernia St
Prince St
Chestnut St
Alma St
Tooker St
Church St
Collins St
Baker St
Grand St
Marsha Ave
Vancouver St
Kempt St
James St
Havelock Dr
Beacon St
Green St
Highway 304
Huntington St
Main Shore Rd
Forbes St
Clements Ave
Chester St
Park St
Oak Dr
Ellis Ave
Waverly St
Queen St
Willow St
Jody Shelley Dr
Charles Crosby Dr
Lakeside Rd
Barnard St
Lewis Rd
Prescott St
Jarvis Rd
East St
Herrington Ave
Sprucewood Dr
Industry Ave
Highland Dr
Lewis Ave
Shaw Ave
Millstone Terr
Commercial St
John St
Burton Ave
First St
Seminary St
Highway 3
Hawthorne St
Carleton St
Cumberland St
Sawdust Trail
Second St
High St
Clements St
Ford Ave
Butler St
Bond St
Caie Cres
Park Lane
Kirk St
Belair Crt
Pearl St
Belmont Cres
Carol Ave
Highway 103
Prince Lane
MacNeil Ave
Enterprise St
Doane St
Highland Ave
Fifth St
Cottage Lane
Thurston St
Cooks Rd
Horton St
Haskell St
Cloverdale Crt
Lovitt St
Store St
Grantham St
Central St
South St
Public St
Glebe St
Myrtle St
Victoria Terr
Cann St
Trinity Pl
Jenkins St
Breeze Dr
Hood Cres
Summer St
Gardner St
Aberdeen St
Hueston St
Moodys Lane
Catherine St
Dane St
Vaughne Ave
Market St
Vaughne Crt
Richards Lane
Marshall Lane
Murphy Ave
Placid Crt
Cosman Lane
Barnard St
CD
R-1
R-1
CI-4
R-H
C-2
I-1
M-2
R-1
HC
I-1
O-2
C-1
R-H
CD
WCI-5
I-1
C-H
CI-4
M-1
I-1
I-1
I-1
R-1
I-1
DTZ
WCD
R-1
O-1
E-S
I-1
MR
E-S
O-1
R-2M
C-2M
R-1
R-H
C-3
R-2M
E-S
R-1
R-2
R-H
I-1
M-2
R-2M
I-1
R-H
HA-2
I-1
R-H
I-1
R-2
C-2
C-3
O-1
I-1
R-H
M-2
R-1
I-1
I-1
I-1
O-1
HA-2
HA-2
R-H
R-3
O-1
I-1
R-H
HA-2
O-1
R-3
R-3
I-1
I-1
C-2
O-1
O-1
R-3
R-2
O-1
I-1
R-2
R-2
R-2
R-3
R-3
R-2
R-2
E-S
R-2M
O-1
R-2M
I-1
O-1
R-1
O-1
R-3
R-3
E-S
HA-1
R-2
R-3
R-1
I-1
O-1
R-3
R-2
R-3
R-3
R-2
I-1
O-1
R-3
R-3
O-1
I-1
I-1
R-3
O-1
C-1
I-1
I-1
R-2
R-1
R-3
R-3
R-2
R-3
R-3
R-3
I-1
R-3
R-3
R-1
R-1
R-3
R-1
R-3
I-1
R-3
R-3
R-2
C-4
R-2
R-2
R-3
O-1
R-1
R-2
R-2
R-3
R-3
R-1
R-2
R-2
R-2
R-2
R-3
HA-2
R-2
I-1
R-3
R-3
R-2
R-3
R-3
R-3
HA-2
R-2M
R-3
R-3
R-2
R-2
R-2
R-3
R-2
R-2
R-2
R-3
HA-2
O-1
R-2
R-1
R-3
HA-1
R-3
R-1
R-2
HA-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
I-1
R-3
R-1
R-2
R-1
R-3
R-2
R-3
R-2
R-2
R-2
R-2
R-2
O-1
R-1
R-3
R-3
R-2
O-1
R-2
R-2
R-3
R-3
R-2
R-3
R-2
R-2
R-2
R-3
R-2
R-1
R-2
R-3
R-2
O-1
R-2
R-2M
C-4
R-2
R-3
R-2
R-2
R-2
R-1
R-2
R-2
R-2
R-2
R-3
HA-1
R-2
R-2
R-3
R-2
R-2
R-3
R-3
R-2
R-2
R-2
R-2
R-2
R-2
R-1
R-3
HA-1
R-2
R-2
I-1
R-2
R-2M
HA-1
R-3
HA-1
R-2
R-1
R-2
R-2
R-3
R-2
HA-2
R-2
R-3
O-1
O-1
NOTE: Information contained on this map
is subject to change.
ZONING MAP
DATE: May 13, 2026
LAND USE BY-LAW
- SCHEDULE "A" -
PROPERTY BOUNDARY MAPPING SOURCE:
(1:10 000 NSPRD) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 20 APRIL, 2026.
ROAD MAPPING SOURCE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 20 APRIL, 2026.
ZONING MAPPING SOURCE:
TOWN OF YARMOUTH, PLANNING DEPARTMENT.
CURRENT LUB ZONING (APRIL 10, 2026).
WITH RESPECT TO THIS MAP, NEITHER THE TOWN OF YARMOUTH NOR ANY OF
ITS EMPLOYEES, MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
0
250
500
750
125
Metres
µ
Yarmouth Harbour
TOWN OF YARMOUTH,
PLANNING AND DEVELOPMENT
C:\Projects\Planning\Maps\Zoning - Schedule A\Schedule_A_Zoning_Map_11x17_May_13_2026.mxd
Low Density Residential
Medium Density Residential Main St
High Density Residential
Medium Density Residential
Residential Holding
Mixed Residential Development Park
Downtown Commercial
General Commercial
General Commercial Main street
Secondary Commercial
Local Commercial
Commercial Holding
Comprehensive Development
Commercial Industrial
Downtown Transit Zone
Environmentally Sensitive
Health Campus
Institutional
General Industrial
Waterfront Industrial
Open Space
Floodplain
Waterfront Commercial Industrial
Waterfront Comprehensive Development
Housing Accelerator - 1
R-1
R-2
R-3
R-2M
R-H
MR
C-1
C-2
C-2M
C-3
C-4
C-H
CD
CI-4
DTZ
E-S
HC
I-1
M-1
M-2
O-1
O-2
WCI-5
WCD
HA-2
HA-1
Housing Accelerator - 2
183
SCHEDULE "B"
Upper Broad Brook Marsh Map
TOWN
of
YARMOUTH
Main St
Water St
Pleasant St
Forest St
Starrs Rd
Argyle St
Parade St
Brunswick St
Haley Rd
Cliff St
Elm St
Highway 101
Ellis Rd
Herbert St
South East St
Regent St
King St
Porter St
William St
Albert St
Hibernia St
Prince St
Chestnut St
Alma St
Tooker St
Church St
Collins St
Baker St
Grand St
Marsha Ave
Vancouver St
Kempt St
James St
Havelock Dr
Beacon St
Green St
Huntington St
Forbes St
Clements Ave
Chester St
Park St
Oak Dr
Ellis Ave
Waverly St
Queen St
Willow St
Jody Shelley Dr
Charles Crosby Dr
Barnard St
Prescott St
Jarvis Rd
East St
Herrington Ave
Sprucewood Dr
Industry Ave
Hardscratch Rd
Lewis Ave
Shaw Ave
Millstone Terr
Commercial St
John St
Burton Ave
First St
Seminary St
Hawthorne St
Carleton St
Cumberland St
Sawdust Trail
Second St
High St
Clements St
Ford Ave
Butler St
Bond St
Caie Cres
Park Lane
Kirk St
Belair Crt
Pearl St
Belmont Cres
Carol Ave
Prince Lane
MacNeil Ave
Enterprise St
Doane St
Highland Ave
Fifth St
Cottage Lane
Thurston St
Cooks Rd
Horton St
Haskell St
Cloverdale Crt
Lovitt St
Store St
Grantham St
Central St
South St
Public St
Glebe St
Myrtle St
Victoria Terr
Cann St
Trinity Pl
Jenkins St
Breeze Dr
Hood Cres
Summer St
Gardner St
Aberdeen St
Hueston St
Moodys Lane
Catherine St
Dane St
Vaughne Ave
Market St
Harbourview Dr
Vaughne Crt
Richards Lane
Marshall Lane
Murphy Ave
Placid Crt
Cosman Lane
Barnard St
NOTE: Information contained on this map
is subject to change.
UPPER BROAD BROOK
MARSH MAP
DATE: JANUARY 31, 2020
LAND USE BY-LAW
- SCHEDULE "B" -
PROPERTY BOUNDARY MAPPING SOURCE:
(1:10 000 NSPRD) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
ROAD MAPPING SOURCE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
WITH RESPECT TO THIS MAP, NEITHER THE TOWN OF YARMOUTH NOR ANY
OF ITS EMPLOYEES, MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Yarmouth Harbour
C:\Projects\Planning\Maps\Broad Brook Marsh - Schedule B\Broad_Brook_Marsh_Schedule_B_11x17_January_31_2020.mxd
TOWN OF YARMOUTH,
PLANNING AND DEVELOPMENT
200
0
200
400
100
Meters
Upper Broad Brook Marsh
184
SCHEDULE "C"
Existing Uses and Non-Conforming Uses
(A) The following uses have been identified as being "existing permitted uses" and may be
expanded, repaired and rebuilt subject to the zone requirements in which they are situated,
provided they shall not be expanded beyond the boundaries of the lot as the lot exists as of
the effective date of this By-law.
Existing Commercial Uses Within the Residential Designation
103 Argyle Street (PID #90301185) ........................................................... Grocery/Convenience Store
80 Brunswick Street (PID #90204389).............................................................................. Bowling Alley
148 Main Street (PID #90196585) ...................................... Grocery/Convenience Store/Meat Market
509 Main Street (PID #90198169) .................................................... Service Station/Auto Repair Shop
Existing Residential Uses Within the Commercial Designation
69 Clement Av. (PID #90218645) .............................................. Single Detached Dwelling in C-H zone
72 Clement Av. (PID #90289596) ...............................................Single Detached Dwelling in C-H zone
19/23 Cliff Street (PID #90208984) ............................................ Residential units at street level (C-1)
7 Jenkins Street (PID #90195082) .............................................. Residential units at street level (C-1)
98/100 Main Street (PID #90196700) .......................................................................... Rooming House
216 Main Street (PID #90238197) ................................ Rooming House no commercial at street level
218 Main Street (PID #90196445) ...................................... Eight units - no commercial at street level
19/21 First Street (PID #90207614) .............................................. Residential unit at street level (C-1)
Existing Uses Within the Commercial Designation
77 Parade Street (PID #9031303) ............................ Delmar Construction Trade & Contractors Office
Existing Bulk Petroleum Storage Facilities, Service Stations and Gas Bars within the Climate
Change Storm Surge and Sea Level Rise Sensitive Area as shown on the Climate Change Storm
Surge and Sea Level Rise Sensitive Area Map, Schedule "G"
166 Water Street (PID #90193756)....................................................Suncor Energy Bulk Plant
632 Main Street (PID#90315847, #90315839,
#90315854 and #90192824)...................................Main Street Irving Service Station and Gas Bar
Existing Fish & Food Processing Plants Uses Within the Industrial Designation or the
Commercial Industrial Designation
14/18 Water Street (including water lot) (PID #90243478) ............................ Fish Plant & Warehouse
26 Water Street (PID #90194036) .............................................. IMO Foods - Fish Plant & Warehouse
35 Water Street (PID #90194465) ................................................................... Fish Plant & Warehouse
112 Water Street (PID #90193814) ....................... Scotia Garden Seafoods - Fish Plant & Warehouse
185
(B) The following non-residential home based businesses in the following table shall be
permitted to exist and be treated as "existing permitted uses" provided that they continue
to satisfy all applicable non-residential use requirements as outlined in Part 7 of this By-law.
Existing Within the Residential Designation (Home Based Business Uses)
28 Brunswick Street (H.B.B. Personal Service) (PID #90206020) ...................................... Denture Lab
46 Hibernia Street (PID #90199977) .......................................................... Marine Motor Repair Shop
644 Main Street (H.B.B. Personal Service) (PID #90192790) ............................................ Beauty Salon
679 Main Street (H.B.B. Personal Service) (PID #90198664) ............................................ Beauty Salon
12 Parade Street (H.B.B. Medical Clinic) (PID #90207085) ............................................ Medical Office
(C) The following uses have been identified as being non-conforming and will be regulated
subject to the Municipal Government Act and Part 5.4 and 5.5 of this By-law.
Non-Conforming Within the Residential Designation (Accessory Buildings)
6 Church Street (PID #90213455) .............................................. Accessory Building - No Main Building
12 Porters Lane (PID #90194267) ............................................. Accessory Building - No Main Building
4 McConnell Cres. (PID #90213505) .......................................... Accessory Building - No Main Building
25 Moody's Lane (PID #90197542) ........................................... Accessory Building - No Main Building
Non-Conforming Within the Residential Designation (Commercial Uses)
65 Kempt Street (PID #90213935) ............................................................................... Auto Body Shop
20 Main Street (PID #90197146) ......................................................................................... Warehouse
508-510 Main Street (PID #90195785) .............................................. Business and Professional Office
228 Pleasant Street (PID #90203340) ................................................................................. Warehouse
13 Prince Street (PID #90291907) ....................................................................................... Warehouse
15 Regent Street (PID #90214602) .......................................... Construction and Excavation Company
Non-Conforming Office & Financial Institution Uses Within the Commercial Designation
605/607 Main Street (PID #90198383) .............................................. Non-conforming Office Building
55 Starr's Road (PID #90203233) ....................................................... Non-conforming Office Building
514 Water Street (PID #90193673 ..................................................... Non-conforming Office Building
Non-Conforming Office Within the Industrial Designation
187 Pleasant Street (PID #90248576)......................Gateway Realty Property Management Office
Non-Conforming Within the Commercial Designation (Warehousing)
15 Hawthorne Street (PID #90194820) ............................................................................... Warehouse
9 Lovitt Street (PID #90195124) .......................................................................................... Warehouse
186
83 Water Street (PID #90195017) ...................................................................................... Warehouse
87 Water Street (PID #90195025) ....................................................................................... Warehouse
Non-Conforming Within the Commercial Designation (Institutional/Government Office)
248 Pleasant Street (PID #90203274) .................... Non Conforming Institutional/Government Office
Non-Conforming Within the Residential Designation (Commercial Vehicles Parked in
Residential Areas)
16 Haskell Street (PID #90194655).......................................................... Cosman's Commercial Trucks
397 Pleasant Street (PID #90220526) ..................................................................... W.L. Nelson Trucks
28/30 East Street (PID #90211178) ....................................................... Commercial Transport Tractor
Non-Conforming Roof Signs
2 Cann Street (PID #90195504) ........................................................................ Snack Place Restaurant
103 Argyle Street (PID #90301185) ............................................. Larry's Kwik Way Convenience Store
Non-Conforming Off-Site Signs
585 Main Street (PID #90198359) ......................................... for Capri Motel (corner Herbert & Main)
493 Main Street (PID #90198136) ...................................... for Midtown Motel (corner Baker & Main)
608-612 Main Street (PID #90195587) ............................................................. for Milton Laundromat
5 Collins Street (Collins Street parking lot) (PID #90207622) ............. for Yarmouth County Museum
Non-Conforming Within the Residential Designation (Residential Uses)
470 Main Street (PID #90195959) ............................................................................... Rooming House
216 Main Street (PID #90238197 ............................................................................... Rooming House
23 Parade Street (PID #90207176) .............................................................................. Rooming House
5 Cann Street (PID #90195488) ................................................................................... Rooming House
2 Clements Street (PID #90253345) ............................................................................ Rooming House
35 Alma Street (PID #90208034) ................................................... Two (2) main buildings in R-1 zone
594/596 Main Street and 7 Cann Street (PID #90195637) ........... Two (2) main buildings in R-1 zone
17 Porter Street (PID #90206210) ................................................. Two (2) main buildings in R-1 zone
28 Willow Street (PID #90207895) ................................................ Two (2) main buildings in R-1 zone
17/19 Seminary Street (PID #90207465 and 90290925) ........................................ 4 units in R-1 zone
(unconventional dwelling)
187
SCHEDULE "D"
Sensitive Areas
TOWN
of
YARMOUTH
Main St
Water St
Pleasant St
Forest St
Starrs Rd
Argyle St
Parade St
Brunswick St
Haley Rd
Cliff St
Elm St
Highway 101
Ellis Rd
Herbert St
South East St
Regent St
King St
Porter St
William St
Albert St
Hibernia St
Prince St
Chestnut St
Alma St
Tooker St
Church St
Collins St
Baker St
Grand St
Marsha Ave
Vancouver St
Kempt St
James St
Havelock Dr
Beacon St
Green St
Huntington St
Forbes St
Clements Ave
Chester St
Park St
Oak Dr
Ellis Ave
Waverly St
Queen St
Willow St
Jody Shelley Dr
Charles Crosby Dr
Barnard St
Prescott St
Jarvis Rd
East St
Herrington Ave
Sprucewood Dr
Industry Ave
Hardscratch Rd
Lewis Ave
Shaw Ave
Millstone Terr
Commercial St
John St
Burton Ave
First St
Seminary St
Hawthorne St
Carleton St
Cumberland St
Sawdust Trail
High St
Ford Ave
Butler St
Bond St
Caie Cres
Park Lane
Kirk St
Belair Crt
Pearl St
Belmont Cres
Carol Ave
Prince Lane
MacNeil Ave
Enterprise St
Doane St
Highland Ave
Fifth St
Cottage Lane
Thurston St
Cooks Rd
Horton St
Haskell St
Cloverdale Crt
Lovitt St
Store St
Grantham St
Central St
South St
Public St
Glebe St
Myrtle St
Victoria Terr
Cann St
Trinity Pl
Jenkins St
Breeze Dr
Hood Cres
Summer St
Gardner St
Aberdeen St
Hueston St
Moodys Lane
Catherine St
Dane St
Vaughne Ave
Market St
Harbourview Dr
Vaughne Crt
Richards Lane
Marshall Lane
Murphy Ave
Placid Crt
Cosman Lane
Barnard St
A-S
NOTE: Information contained on this map
is subject to change.
ARCHITECTURALLY SENSITIVE
AREAS MAP
DATE: JANUARY 30, 2020
LAND USE BY-LAW
- SCHEDULE "D" -
PROPERTY BOUNDARY MAPPING SOURCE:
(1:10 000 NSPRD) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
ROAD MAPPING SOURCE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST. CURRENT TO 21 JANUARY, 2020.
WITH RESPECT TO THIS MAP, NEITHER THE TOWN OF YARMOUTH NOR ANY OF
ITS EMPLOYEES, MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
Yarmouth Harbour
C:\Projects\Planning\Maps\Sensitive Areas - Schedule D\Archecturally_Sensitive Area_11x17_January_30_2020.mxd
TOWN OF YARMOUTH,
PLANNING AND DEVELOPMENT
Architecturally Sensitive Area
(adopted on July 10, 2008)
200
0
200
400
100
Metres
188
SCHEDULE "E"
Street Classification Map
Main St
Water St
Pleasant St
Forest St
Starrs Rd
Argyle St
Parade St
Brunswick St
Haley Rd
Cliff St
Elm St
Highway 101
Ellis Rd
Herbert St
South East St
Regent St
King St
Prospect St
Porter St
William St
Albert St
Hibernia St
Prince St
Chestnut St
Alma St
Tooker St
Church St
Collins St
Baker St
Grand St
Marsha Ave
Vancouver St
Kempt St
James St
Havelock Dr
Beacon St
Green St
Huntington St
Forbes St
Clements Ave
Chester St
Park St
Oak Dr
Ellis Ave
Waverly St
Queen St
Willow St
Jody Shelley Dr
Charles Crosby Dr
Barnard St
Prescott St
Jarvis Rd
East St
Herrington Ave
Sprucewood Dr
Industry Ave
Hardscratch Rd
Lewis Ave
Shaw Ave
Millstone Terr
Commercial St
John St
Burton Ave
First St
Seminary St
Hawthorne St
Carleton St
Cumberland St
Highway 304
Sawdust Trail
Second St
High St
Clements St
Ford Ave
Butler St
Bond St
Caie Cres
Park Lane
Kirk St
Belair Crt
Pearl St
Belmont Cres
Carol Ave
Prince Lane
MacNeil Ave
Enterprise St
Doane St
Highland Ave
Fifth St
Cottage Lane
Thurston St
Cooks Rd
Horton St
Cloverdale Crt
Lovitt St
Store St
Grantham St
Central St
South St
Public St
Glebe St
Myrtle St
Victoria Terr
Cann St
Trinity Pl
Jenkins St
Breeze Dr
Hood Cres
Summer St
Gardner St
Hueston St
Moodys Lane
Catherine St
Dane St
Vaughne Ave
Market St
Lewis Lane
Harbourview Dr
Vaughne Crt
Richards Lane
Marshall Lane
Willard F Allen Lane
Murphy Ave
Placid Crt
Cosman Lane
Barnard St
C:\Projects\Planning\Maps\Street Classification - Schedule E\Schedule_E_Street_Classification_11x17_February_04_2020.mxd
NOTE: Information contained on this map
is subject to change.
Date: February 04, 2020
Yarmouth Harbour
PROPERTY BOUNDARY MAPPING SOURCE:
(1:10 000 NSPRD) NOVA SCOTIA GEOMATICS
CENTRE, AMHERST. CURRENT TO 21 JANUARY, 2020.
ROAD MAPPING SOURCE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
WITH RESPECT TO THIS MAP, NEITHER THE TOWN OF YARMOUTH NOR
ANY OF ITS EMPLOYEES, MAKES ANY WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS,
ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Street Classification
Schedule "E"
TOWN
of
YARMOUTH
100
0
100
200
300
400
500
50
Metres
Active
Transportation
Paths
Local
Arterial
Collector
189
SCHEDULE "F"
Urban Design Form Based Code Map
Cliff St
Cumberland St
John St
Second St
Willow St
Central St
Water St
Collins St
William St
Parade St
Main St
Forest St
Brown St
Prince St
Prince Lane
Alma St
First St
Hawthorne St
Glebe St
Lovitt St
Jenkins St
Kirk St
Willard F Allen Lane
NOTE: Information contained on this map
is subject to change.
25
0
25
50
75
12.5
Metres
PROPERTY BOUNDARY MAPPING SOURCE:
(1:10 000 NSPRD) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 20 NOVEMBER, 2019.
ROAD MAPPING SOURCE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 20 NOVEMBER, 2019.
WITH RESPECT TO THIS MAP, NEITHER THE TOWN OF YARMOUTH
NOR ANY OF ITS EMPLOYEES, MAKES ANY WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF EFFECTIVENESS,
COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Town
of
Yarmouth
URBAN DESIGN
FORM BASED
CODE MAP
LAND USE BY-LAW
- SCHEDULE "F" -
Date: December 11, 2019
C:\Projects\Planning\Maps\Urban Design Form Based Code Map - Schedule F\Urban_Design_Area_December11_2019.mxd
Urban Design Area
190
SCHEDULE "G"
Climate Change Storm Surge and Sea-Level Rise Sensitive Area Map
and accompanying maps of
Extreme Sensitive Areas: Map A, Map B, Map C and Map D
TOWN
of
YARMOUTH
Main St
Water St
Pleasant St
Forest St
Starrs Rd
Argyle St
Parade St
Brunswick St
Haley Rd
Cliff St
Elm St
Highway 101
Ellis Rd
Herbert St
South East St
Regent St
King St
Porter St
William St
Albert St
Hibernia St
Prince St
Chestnut St
Alma St
Tooker St
Church St
Collins St
Baker St
Grand St
Marsha Ave
Vancouver St
Kempt St
James St
Havelock Dr
Beacon St
Green St
Huntington St
Forbes St
Clements Ave
Chester St
Park St
Oak Dr
Ellis Ave
Waverly St
Queen St
Willow St
Jody Shelley Dr
Charles Crosby Dr
Barnard St
Prescott St
Jarvis Rd
East St
Herrington Ave
Sprucewood Dr
Industry Ave
Hardscratch Rd
Lewis Ave
Shaw Ave
Millstone Terr
Commercial St
John St
Burton Ave
First St
Seminary St
Hawthorne St
Carleton St
Cumberland St
Sawdust Trail
Second St
High St
Clements St
Ford Ave
Butler St
Bond St
Caie Cres
Park Lane
Kirk St
Belair Crt
Pearl St
Belmont Cres
Carol Ave
Prince Lane
MacNeil Ave
Enterprise St
Doane St
Highland Ave
Fifth St
Cottage Lane
Thurston St
Cooks Rd
Horton St
Haskell St
Cloverdale Crt
Lovitt St
Store St
Grantham St
Central St
South St
Public St
Glebe St
Myrtle St
Victoria Terr
Cann St
Trinity Pl
Jenkins St
Breeze Dr
Hood Cres
Summer St
Gardner St
Aberdeen St
Hueston St
Moodys Lane
Catherine St
Dane St
Vaughne Ave
Market St
Harbourview Dr
Vaughne Crt
Richards Lane
Marshall Lane
Murphy Ave
Placid Crt
Cosman Lane
Barnard St
NOTE: Information contained on this map
is subject to change.
CLIMATE CHANGE
STORM SURGE AND
SEA-LEVEL RISE
SENSITIVE AREA MAP
DATE: JANUARY 31, 2020
LAND USE BY-LAW
- SCHEDULE "G" -
PROPERTY BOUNDARY MAPPING SOURCE:
(1:10 000 NSPRD) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
ROAD MAPPING SOURCE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
WITH RESPECT TO THIS MAP, NEITHER THE TOWN OF YARMOUTH NOR ANY
OF ITS EMPLOYEES, MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Yarmouth Harbour
C:\Projects\Planning\Maps\Climate Change - Schedule G\Storm_Surge_Sea_Level_Rise_Schedule_G_11x17_January_31_2020.mxd
TOWN OF YARMOUTH,
PLANNING AND DEVELOPMENT
200
0
200
400
100
Meters
A
B
C
D
Rise Sensitive Area
Key
Extreme Sensitive Areas
Storm Surge and Sea-Level
Climate Change
No Building
No Basement (Slab Only)
TOWN
of
YARMOUTH
Main St
Water St
Vancouver St
Elm St
Caie Cres
Millstone Terr
Herbert St
Chestnut St
Huntington St
Cann St
Summer St
Gardner St
Chipman Lane
Walker St
Market St
Cosman Lane
NOTE: Information contained on this map
is subject to change.
CLIMATE CHANGE
STORM SURGE AND
SEA-LEVEL RISE
SENSITIVE AREA MAP
Map "A"
DATE: JANUARY 31, 2020
LAND USE BY-LAW
- SCHEDULE "G" -
PROPERTY BOUNDARY MAPPING SOURCE:
(1:10 000 NSPRD) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
ROAD MAPPING SOURCE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
WITH RESPECT TO THIS MAP, NEITHER THE TOWN OF YARMOUTH NOR ANY
OF ITS EMPLOYEES, MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Yarmouth Harbour
C:\Projects\Planning\Maps\Climate Change - Schedule G\Storm_Surge_Sea_Level_Rise_Schedule_G_Map_A_11x17_January_31_2020.mxd
TOWN OF YARMOUTH,
PLANNING AND DEVELOPMENT
25
0
25
50
75
12.5
Metres
A
1 m Contour
2 m Contour
3 m Contour
4 m Contour
5 m Contour
6 m Contour
Rise Sensitive Area
Key
Extreme Sensitive Areas
Storm Surge and Sea-Level
Climate Change
TOWN
of
YARMOUTH
Main St
Water St
First St
Second St
Kirk St
Chester St
Cliff St
John St
Brown St
Fifth St
Hawthorne St
Collins St
Lovitt St
Store St
King St
Central St
South St
Parade St
Public St
Grand St
Glebe St
Porter St
Jenkins St
Alma St
Catherine St
Willard F Allen Lane
NOTE: Information contained on this map
is subject to change.
CLIMATE CHANGE
STORM SURGE AND
SEA-LEVEL RISE
SENSITIVE AREA MAP
Map "B"
DATE: JANUARY 31, 2020
LAND USE BY-LAW
- SCHEDULE "G" -
PROPERTY BOUNDARY MAPPING SOURCE:
(1:10 000 NSPRD) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
ROAD MAPPING SOURCE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
WITH RESPECT TO THIS MAP, NEITHER THE TOWN OF YARMOUTH NOR ANY
OF ITS EMPLOYEES, MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Yarmouth Harbour
C:\Projects\Planning\Maps\Climate Change - Schedule G\Storm_Surge_Sea_Level_Rise_Schedule_G_Map_B_11x17_January_31_2020.mxd
TOWN OF YARMOUTH,
PLANNING AND DEVELOPMENT
25
0
25
50
75
100
12.5
Metres
B
1 m Contour
2 m Contour
3 m Contour
4 m Contour
5 m Contour
6 m Contour
Rise Sensitive Area
Key
Extreme Sensitive Areas
Storm Surge and Sea-Level
Climate Change
TOWN
of
YARMOUTH
Main St
Water St
East St
Forest St
Butler St
Bond St
Queen St
Pearl St
Commercial St
Argyle St
Horton St
Haskell St
Emins Lane
Trinity Pl
Barnard St
Albert St
Hueston St
Moodys Lane
Lewis Lane
Porters Lane
Adelaide St
Sycamore St
Tooker St
Goudey St
Barnard St
Moodys Lane
NOTE: Information contained on this map
is subject to change.
CLIMATE CHANGE
STORM SURGE AND
SEA-LEVEL RISE
SENSITIVE AREA MAP
Map "C"
DATE: JANUARY 31, 2020
LAND USE BY-LAW
- SCHEDULE "G" -
PROPERTY BOUNDARY MAPPING SOURCE:
(1:10 000 NSPRD) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
ROAD MAPPING SOURCE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
WITH RESPECT TO THIS MAP, NEITHER THE TOWN OF YARMOUTH NOR ANY
OF ITS EMPLOYEES, MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Yarmouth Harbour
C:\Projects\Planning\Maps\Climate Change - Schedule G\Storm_Surge_Sea_Level_Rise_Schedule_G_Map_C_11x17_January_31_2020.mxd
TOWN OF YARMOUTH,
PLANNING AND DEVELOPMENT
25
0
25
50
75
100
12.5
Metres
C
1 m Contour
2 m Contour
3 m Contour
4 m Contour
5 m Contour
6 m Contour
Rise Sensitive Area
Key
Extreme Sensitive Areas
Storm Surge and Sea-Level
Climate Change
TOWN
of
YARMOUTH
Main St
Water St
Marshall Lane
Kempt St
Lonergan Lane
Church St
McConnell Cres
NOTE: Information contained on this map
is subject to change.
CLIMATE CHANGE
STORM SURGE AND
SEA-LEVEL RISE
SENSITIVE AREA MAP
Map "D"
DATE: JANUARY 31, 2020
LAND USE BY-LAW
- SCHEDULE "G" -
PROPERTY BOUNDARY MAPPING SOURCE:
(1:10 000 NSPRD) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
ROAD MAPPING SOURCE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 21 JANUARY, 2020.
WITH RESPECT TO THIS MAP, NEITHER THE TOWN OF YARMOUTH NOR ANY
OF ITS EMPLOYEES, MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Yarmouth Harbour
C:\Projects\Planning\Maps\Climate Change - Schedule G\Storm_Surge_Sea_Level_Rise_Schedule_G_Map_D_11x17_January_31_2020.mxd
TOWN OF YARMOUTH,
PLANNING AND DEVELOPMENT
10
0
10
20
30
40
5
Metres
D
1 m Contour
2 m Contour
3 m Contour
4 m Contour
5 m Contour
6 m Contour
Rise Sensitive Area
Key
Extreme Sensitive Areas
Storm Surge and Sea-Level
Climate Change