Barrington Land Use By-Law (as amended to April 25, 2023)
Barrington, Nova Scotia
· adopted 2023-04-25
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Municipality of the District of
Barrington
Land Use By-law
11/25/2013, amended to 04/25/2023
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page ii
TABLE OF CONTENTS
Part 1 TITLE AND PURPOSE ............................................................................................................... 1
Part 2 ADMINISTRATION ...................................................................................................................... 2
2.1
Development Officer ................................................................................................................ 2
2.2
Development Permit Required ...................................................................................... 2
2.3
Contents of application ................................................................................................ 2
2.4
Survey of Lands .......................................................................................................... 2
2.5
Signature For Application ............................................................................................. 2
2.6
Lapse of Development Permit....................................................................................... 3
2.7
Revocation of Permits .................................................................................................. 3
2.8
Decision in Writing ....................................................................................................... 3
2.9 Violations ................................................................................................................... 3
2.10 Effective Date ............................................................................................................. 3
Part 3 INTERPRETATION OF MAPS AND TEXT .................................................................................. 4
3.2
Zoning Map ................................................................................................................ 4
3.3
Zoning Boundaries ...................................................................................................... 4
3.4
Interpretation of Zoning Boundaries .............................................................................. 5
3.5
Zones Not On Zoning Map ........................................................................................... 5
3.6
Certain Words ............................................................................................................. 5
PART 4 GENERAL PROVISIONS FOR ALL ZONES ........................................................................... 6
4.1 Permitted and prohibited uses ...................................................................................... 6
4.2 Accessory Buildings and Structures .............................................................................. 6
4.3. Accessory Uses Permitted ............................................................................................ 6
4.4. Automobile, Truck, Bus, Coach Body and Beached Vessel.............................................. 6
4.5 Building to be Moved ................................................................................................... 6
4.6 Corner Vision Triangle ................................................................................................. 7
4.7 Existing Buildings with Non-Conforming Yards ............................................................... 7
4.8 Existing Lots ............................................................................................................... 7
4.9 Existing Main Buildings ................................................................................................ 7
4.10 Frontage on a Public Road .......................................................................................... 8
4.11 Height Requirements .................................................................................................. 8
4.12 Lots Deemed to Meet Minimum Lot Area Requirement ................................................... 8
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page iii
4.13 Multiple Uses ............................................................................................................. 8
4.14 Non-Conforming Uses ................................................................................................. 8
4.15 Reduction in Lot Area and Frontage ............................................................................. 8
4.16 Removal of Encroachments ......................................................................................... 9
4.17 Restoration to a Safe Condition .................................................................................... 9
4.18 Side Yards on Corner Lot ............................................................................................ 9
4.19 Special Occasion Uses Permitted ................................................................................ 9
4.20 Temporary Uses Permitted .......................................................................................... 9
4.21 Yard Requirements Measured from Watercourses, Swamps and Slopes ....................... 10
4.22 Riparian Buffers ........................................................................................................ 10
Part 5 RESIDENTIAL GENERAL (RG) ZONE ................................................................................... 11
5.1 Permitted Developments ............................................................................................. 11
5.2 Developments Permitted subject to other requirements of this By-law ............................ 11
5.3 Zone Standards ......................................................................................................... 11
Part 6 COMMERCIAL GENERAL (CG) ZONE ................................................................................. 12
6.1 Permitted Developments: ........................................................................................... 12
6.2 Developments Permitted subject to other requirements of this By-law ............................ 13
6.3 Zone Standards ......................................................................................................... 13
Part 7 GROUP COMMERCIAL (GC) ZONE ...................................................................................... 14
7.1 Permitted Developments: ............................................................................................ 14
7.2 Developments Permitted subject to other requirements of this By-law ............................ 14
7.3 Zone Standards ......................................................................................................... 14
Part 8 BUSINESS PARK (BP) ZONE ................................................................................................ 15
8.1 Permitted developments: ............................................................................................ 15
8.2 Developments Permitted subject to other requirements of this By-law: ........................... 15
8.3 Zone Standards ......................................................................................................... 15
Part 9 MIXED USE (MU) ZONE ......................................................................................................... 16
9.1 Permitted developments: ............................................................................................. 16
9.2 Developments Permitted subject to other requirements of this By-law: ............................ 16
9.3 Zone Standards .......................................................................................................... 16
Part 10 RESIDENTIAL RESTRICTED (RR) ZONE ............................................................................ 17
10.1 Permitted developments: .......................................................................................... 17
10.2 Developments Permitted subject to other requirements of this By-law: .......................... 17
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page iv
10.3 Zone Standards ....................................................................................................... 17
Part 11 RURAL DEVELOPMENT (RD) ZONE ................................................................................... 18
11.1 Permitted developments: .......................................................................................... 18
11.2 Developments Permitted subject to other requirements of this By-law: .......................... 19
11.3 Developments Permitted subject to development agreements: ..................................... 19
11.4 Zone Standards ....................................................................................................... 21
Part 12 RESIDENTIAL ISLAND (RI) ZONE ....................................................................................... 21
12.1 Permitted developments: .......................................................................................... 21
12.2 Developments Permitted subject to other requirements of this By-law: .......................... 21
12.3 Zone Standards ....................................................................................................... 21
Part 13 INDUSTRIAL MARINE (IM) ZONE ........................................................................................ 22
13.1 Permitted developments: .......................................................................................... 22
13.2 Developments Permitted subject to other requirements of this By-law: .......................... 22
13.3 Zone Standards ....................................................................................................... 22
Part 14 RECREATION (REC) ZONE ................................................................................................. 23
14.1 Permitted Developments: ......................................................................................... 23
14.2 Developments Permitted subject to other requirements of this By-law ........................... 23
14.3 Zone Standards ....................................................................................................... 23
Part 15 COASTAL WETLANDS (CW) ZONE ...................................................................................... 24
15.1 Permitted Developments: ........................................................................................... 24
15.2 Developments Permitted subject to other requirements of this By-law ........................... 24
15.3 Zone Standards ........................................................................................................ 24
Part 16 WIND TURBINE GENERATORS ............................................................................................ 25
16.1 Large Scale WTG .................................................................................................... 25
16.2 Small Scale WTG .................................................................................................... 25
16.3 Micro Scale WTG .................................................................................................... 25
16.4 General Provisions for all Wind Turbine Generators .................................................... 25
16.5 Waivers for WTG ..................................................................................................... 26
Part 17 PARKING AND LOADING SPACES .................................................................................... 27
17.1 Parking Requirements .............................................................................................. 27
17.2 Parking Space and Area Standards ............................................................................ 28
17.3 Variance of Parking Requirements .............................................................................. 28
17.4 Loading Space Standards .......................................................................................... 28
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page v
Part 18 - ZONE STANDARDS ............................................................................................................. 30
Part 19 - DEFINITIONS ........................................................................................................................ 37
Schedule "I" - Site Plan Approval ................................................................................................ 52
Schedule "J" - Existing Heavy Industrial Uses ............................................................................ 56
Municipality of the District of Barrington
Land Use By-Law, November 25, 2013 , as amended Page 5
PART 1 TITLE AND PURPOSE
1.1
This By-law shall be known and may be cited as the "Land Use By-law" of the Municipality of
Barrington and shall apply to all lands located within the municipal boundaries.
1.2
The purpose of this by-law is to carry out the intent of the land development policies found in
the Municipal Planning Strategy (Strategy) and to establish a fair and systematic means of
development control for the Municipality. This Land Use By-law is established in accordance
with the provisions of section 219 of the Municipal Government Act, by regulating the use of
land and the location, size, spacing, character and use of buildings and structures within the
Municipality of Barrington.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 2
Part 2
ADMINISTRATION
2.1
DEVELOPMENT OFFICER
This By-law shall be administered by the Development Officer of the Municipality of Barrington
and the Development Officer shall issue development permits under this By-law.
2.2
DEVELOPMENT PERMIT REQUIRED
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 and requirements of this By-law
are satisfied.
2.3
CONTENTS OF APPLICATION
Every application for a development permit shall be accompanied by plans drawn to an
appropriate scale and showing:
a)
the true shape and dimensions of the lot to be used and upon which it is proposed to
construct or locate any building or structure; and
b)
the proposed use, location, height and dimensions of any building or structure in
respect of which the permit is applied for; and this information shall include
measurements of the lot frontage, front, side and rear yards; and
c)
the location of every building or structure already constructed or partly constructed on
such lot, and the location of every building or structure existing upon abutting lots; and
d)
the proposed location and dimensions of parking areas, parking spaces, loading spaces,
driveways, curbs, landscaping and fencing; and
e)
other such information as may be necessary to determine whether or not the proposed
development conforms with the requirements of this By-law.
2.4
SURVEY OF LANDS
Where the Development Officer is unable to determine whether the proposed development
conforms to this By-law, the Development Officer may require that the plan submitted under
Section 2.3 be based upon an actual survey certified and stamped by a Nova Scotia Land
Surveyor.
2.5
SIGNATURE FOR APPLICATION
The application shall be signed by the registered owner of the lot or by the owner's agent duly
authorized thereupon in writing and shall set forth in detail the current and proposed use of
the lot and each building or structure, or part of each building or structure, together with all
information necessary to determine whether or not every such proposed use of land, building
or structure conforms with the requirements of this By-law.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 3
2.6
LAPSE OF DEVELOPMENT PERMIT
Any development permit issued under this or any previous Land Use By-Law automatically
lapse and becomes null and void if the development to which it relates has not commenced
and one year has elapsed since its issuance.
2.7
REVOCATION OF PERMITS
The Development Officer may revoke any development permit issued under this Land Use By-
Law or any previous Land Use By-Law where
a)
the requirements of the permit are not met
b)
the issuance of the permit was based on incorrect information or
c)
the permit was issued in error
2.8
DECISION IN WRITING
Any decision of the Development Officer to refuse to issue a development permit shall be
given by written notice served by ordinary mail.
2.9 VIOLATIONS
In the event of an offence or failure to comply with a requirement of this Land Use By-Law the
provisions of Section 266 of the Municipal Government Act apply.
2.10 EFFECTIVE DATE
This Land Use By-Law came into effect on acknowledgment by the Minister of Service Nova
Scotia and Municipal Relations, whereupon any pervious Land Use By-law was repealed.
Municipality of the District of Barrington
Land Use By-Law, November 25, 2013 , as amended Page 5
PART 3
INTERPRETATION OF MAPS AND TEXT
3.1 Zones
For the purpose of this By-law, the Municipality of Barrington is divided into the following
zones, the boundaries of which are shown on the attached Schedule "A". Such zones are also
referred to by the symbols as follows:
Residential General
RG
Commercial General
CG
Group Commercial
GC
Business Park
BP
Mixed Use
MU
Residential Restricted
RR
Rural Development
RD
Residential Island
RI
Industrial Marine
IM
Recreation
REC
Coastal Wetlands
CW
3.2 ZONING MAPS
Schedule "A" attached hereto is the Zoning Map which forms part of this By-law.
Other Schedules:
Schedule "I"
Site Plan Approval Application
Schedule "J"
Existing Heavy Industrial uses in RD, and industrial uses in RG, CG and MU
Zones requiring development agreements.
The symbols used on the Zoning Maps refer to the corresponding zones established by this By-law.
3.3 ZONING BOUNDARIES
The extent and boundaries of all zones are shown on the Zoning Map attached hereto and the
provisions of this By-law shall apply to all zones.
Municipality of the District of Barrington
Land Use By-Law, November 25, 2013 , as amended Page 5
3.4 INTERPRETATION OF ZONING BOUNDARIES
Boundaries between zones as shown on Schedule A and shall be determined as follows:
a)
where a zone boundary is indicated as approximately following lot lines, the boundary
shall follow such lot lines;
b)
where a zone boundary is indicated as following a road, the boundary shall be the
centre line of such road;
c)
where a road, abandoned 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;
d)
where an abandoned railway right-of-way, electrical transmission line right-of-way or
watercourse is included on the Zoning Map 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;
e)
where a zone boundary is shown following the coastal shoreline the boundary shall
follow the actual high-water level;
f)
where a zone boundary is indicated as following the limits of the Municipality, the
limits shall be the municipal boundary;
g)
where none of the above provisions apply, and where appropriate, the zone boundary
shall be scaled from the attached Zoning Map.
3.5 ZONES NOT ON ZONING MAP
Schedules of this By-law may be amended in conformity with the Municipal Planning Strategy
to utilize any zone in this By-law regardless of whether or not such zone had previously
appeared on the schedules.
3.6 CERTAIN WORDS
In this By-law, words used in the present tense include future; words in the singular number
include the plural, words in the plural include the singular number; and the word "used"
includes "arranged, designed or intended to be used"; and the word "shall" is mandatory and
not permissive.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 6
PART 4
GENERAL PROVISIONS FOR ALL ZONES
4.1 PERMITTED AND PROHIBITED USES
For the purposes of this by-law if a use is not listed as a permitted use in a zone, or if
it is not accessory to a permitted use within the zone it shall be deemed to be a
prohibited use in that zone, except where the use is a nonconforming use under
Section 238 of the Municipal Government Act.
These general provisions apply to all zones except where a specific zone or use is
specifically exempted.
4.2 ACCESSORY BUILDINGS AND STRUCTURES
Accessory buildings and structures shall be permitted in any zone, but shall not:
a)
be used for human habitation except where a dwelling or tourist cabin is a
permitted accessory use;
b)
be built closer to the front, rear or side lot line than the minimum distance
required by this By-law for the main building;
c)
except for seasonal roadside stands, be built closer to the front, rear or side lot
line than the existing building is to the said line in cases where the front, rear or
side yard is non-conforming.
d)
notwithstanding the foregoing, the minimum side and rear yard requirements
for an accessory building, expect those used for home occupations referred to
in Section 18.11, may be reduced to a minimum of 2 feet provided there are no
windows or perforations on the side of the building which faces the lot line.
4.3. 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 includes any accessory use.
4.4. AUTOMOBILE, TRUCK, BUS, COACH BODY AND BEACHED VESSEL
Other than for seasonal occupancy associated with a Campground or Personal
Recreational Vehicle Use no automobile, truck, bus, motor home, travel trailer or
coach body, whether or not the same is mounted on wheels or a solid foundation or
beached vessel, shall be used for human habitation within the Municipality.
4.5 BUILDING TO BE MOVED
No building shall be moved within or into the area covered by this By-law without first
obtaining a development permit.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 7
4.6 CORNER VISION TRIANGLE
On a corner lot in any zone, outdoor display or outdoor storage, a fence, sign, hedge,
shrub, bush or tree or any other structure or vegetation shall not be erected or
established or permitted to grow to a height greater than 0.61 metres above grade of
the roads that abut the lot within the triangular area included within the street lines
for a distance of 6 metres from their point of intersection.
4.7 EXISTING BUILDINGS WITH NON-CONFORMING YARDS
Where a building has been erected on or before the effective date of this By-law on a
lot having less than the minimum frontage or area, or having less than the minimum
front or side yard or rear yard required by this By-law, the building may be enlarged,
reconstructed, repaired or renovated provided that:
a)
the enlargement, reconstruction, repair or renovation does not further reduce
the front, side yard or rear yard that does not conform to this By-law; and
b)
all other applicable provisions of this By-law are satisfied.
4.8 EXISTING LOTS
4.8.1 Notwithstanding anything else in this By-law, the use of a building or structure existing
on a lot on the effective date of this By-law may be changed to a use permitted in the
zone in which the lot is located where the lot area, frontage, front yard, rear yard or
side yards, or all of these are less than that required by this By-law provided all other
applicable provisions of this By-law are satisfied. The lot may also be rezoned subject
to meeting all other applicable provisions of the Strategy and By-law.
4.8.2 Notwithstanding anything else in this By-law, an existing vacant lot having less than
the minimum lot area or frontage or both required by this By-law, may be used for a
purpose permitted in the zone in which the lot is located, and a building or structure
may be erected on the lot provided that all other applicable provisions in this By-law
are satisfied. The lot may also be rezoned subject to meeting all other applicable
provisions of the Strategy and By-law.
4.8.3 Any existing undersized lot which is increased in area or frontage or both, but still
remains undersized, shall be considered an existing undersized lot.
4.9 EXISTING MAIN BUILDINGS
Notwithstanding anything else in this By-law, in any zone, where lots containing at
least one existing main building are to be created from an existing area of land
containing two or more such buildings, the following requirements may apply:
a)
any one or all minimum yard requirements may be waived where they cannot
otherwise be met; and
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 8
b)
the minimum lot frontage requirement may be waived where it cannot
otherwise be met provided that the lot frontage shall not be less than 6 metres;
or the lot is served by an existing right-of-way and where a new right-of-way is
created, it shall have a minimum width of 6 metres; and
c)
where it cannot be met, the minimum lot area requirement for a lot with an
existing building located on it, may be waived where the lot is located on a road
served by a municipal sewer system; and
d)
all other applicable provisions of this By-law are satisfied.
4.10 FRONTAGE ON A PUBLIC ROAD
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 road unless otherwise provided for in a particular zone.
4.11 HEIGHT REQUIREMENTS
The height requirements of this By-law shall not apply to wind turbine generators,
church spires, water tanks and towers, elevator enclosures, silos, flagpoles, television
or radio antennae, ventilators, skylights, barns, chimneys, clock towers, drive-in
theatre screens, ice plants, satellite dishes and communication towers.
4.12 LOTS DEEMED TO MEET MINIMUM LOT AREA REQUIREMENT
A development permit may be issued where development is to be served by an on-site
sewage disposal system on lots having less than the minimum lot area required by
this By-law in any zone provided that the lots have been approved pursuant to Section
5.04 of the Subdivision By-law and provided that all other provisions and requirements
of this By-law are satisfied.
4.13 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.
4.14 NON-CONFORMING USES
Non-conforming uses shall be subject to the Municipal Government Act.
4.15 REDUCTION IN LOT AREA AND FRONTAGE
Notwithstanding the minimum lot area and frontage requirements of Part 18 (1)
through (10) of this By-law, where a maximum of two lots are created pursuant to
Section 5.06 of the Subdivision By-law, a development permit may be issued for
development where:
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 9
a) the lot area and frontage or both are not less than 90% of the minimum
required by this By-law where the lots are served by a municipal sewer system;
or
b)
the lot frontage is not less than 90% of the minimum required by this By-law
where the lots are served by on-site sewage disposal systems; and
c)
provided, in all cases, that all other applicable provisions and requirements of
this By-law are satisfied.
4.16 REMOVAL OF ENCROACHMENTS
Notwithstanding anything else in this By-law, where a permanent development
component such as a building, structure, well, on-site sewage disposal system or
driveway encroaching in or upon one or more immediately adjacent lots is removed,
any minimum lot requirement may be waived where they cannot otherwise be met to
enable subdivision approval and a development permit shall be issued for
development on the lots affected by the subdivision provided that all other applicable
provisions and requirements of this By-law are satisfied.
4.17 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 non-conforming use that the
provisions of the Municipal Government Act shall prevail.
4.18 SIDE YARDS ON CORNER LOT
Except where this By-law provides for a higher or more stringent requirement, on a
corner lot in any zone, no part of any building or accessory building shall be erected
closer to the lot line of the flanking road than 7.6 metres.
4.19 SPECIAL OCCASION USES PERMITTED
Nothing in this By-law shall prevent uses erected for special occasions and holidays
provided only that no such use remains in place for more than 14 consecutive days. A
development permit shall not be required for a special occasion use.
4.20 TEMPORARY USES PERMITTED
Nothing in this By-law shall prevent the following temporary uses:
(a) The use of a building, structure or portable equipment incidental to a main
construction project provided that a development permit has been issued for the
main construction project and the temporary use is discontinued and removed 30
days following completion of the main construction project; and no development
permit shall be reissued for a temporary use unless the main construction project
is substantially in progress;
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page
10
(b) The location and use of a recreational vehicle for a maximum of fourteen (14)
consecutive days is association of a festival, holiday, reunion or civic event.
4.21 YARD REQUIREMENTS MEASURED FROM WATERCOURSES, SWAMPS AND SLOPES
Where in the By-law, a front, side or rear yard is required and part of the area of the
lot is usually covered by water or marsh, or is beyond the rim of a river bank or
watercourse or between the top and toe of a cliff or embankment having a slope of
thirty percent (30%) or more from the horizontal, then the required yard shall be
measured from the nearest main wall of the main building or structure on the lot to
the edge of said area covered by water or marsh, or to the rim of said river bank or
watercourse, or to the top of said cliff or embankment if such area is closer than the
lot line.
4.22 RIPARIAN BUFFERS
4.22.1 In all zones where development is undertaken on a lot which borders a
watercourse or the ocean, an undisturbed buffer of 12 metres is required to be
maintained between the high-water mark on either side of a watercourse and any
structure or developed portion of the lot. Infilling or removal of material is not
permitted within the buffer except for minimal disturbance incidental to a
permitted undertaking. In the watercourse buffer area the natural flora and fauna
is to remain substantially undisturbed except for penetrations for wharves and boat
launches. Moderate thinning of tree cover in the buffer area to enable views is
permitted and good ecological practices designed to minimize disturbance of
natural shoreline areas are encouraged when undertaking all activities within the
buffer and all developments on properties abutting watercourses in the
Municipality.
4.22.2 On any lot subject to the requirements of Section 4.22.1 the required buffer
supersedes any minimum yard requirement which may be less than the required
buffer.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 11
PART 5 RESIDENTIAL GENERAL (RG) ZONE
5.1 PERMITTED DEVELOPMENTS
No development permit shall be issued for any use in the Residential General (RG)
Zone except for one or more of the following uses:
All residential uses
Guest homes
Boarding houses
Commercial uses as conditional uses in existing fraternal centres
Fraternal centres
Institutional uses
Public parks and recreational uses
Private recreational clubs
Domestic Agricultural uses except fur farms and piggery operations
Kennel
Medical clinics
Government buildings
Utilities excluding wind farms
Existing industrial uses listed in Schedule "J" of the By-law and their
change in use
New light industrial uses and the expansion beyond existing property
boundary lines of existing industrial uses including the change in use of
existing industrial uses by development agreement
Existing commercial uses
New commercial uses in an existing building
Personal Recreational Vehicle Use
5.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW
Small Scale WTG (Part 16)
Commercial expansions, lot consolidations and the construction of new
commercial buildings by development agreement in accordance with
Policies RG-5 and IMP-13 to IMP-17 inclusive.
5.3 ZONE STANDARDS
The minimum zone standards for permitted uses in the RG Zone are set out in Part 18 of this
Bylaw.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 12
PART 6 COMMERCIAL GENERAL (CG) ZONE
6.1 PERMITTED DEVELOPMENTS:
No development permit shall be issued for any use in the Commercial General
(CG) Zone except for one or more of the following uses:
Adult commercial day care centres
Automobile sales establishments
Automobile service stations
Automobile washing establishments
Bakeries
Banks and financial institutions
Building supply dealers
Bus depots
Business and professional offices
Cable television and radio stations
Commercial day care centres
Custom workshops
Dressmaking and tailoring
Funeral parlours and undertaking establishments
Garden and nursery sales and supplies
Greenhouses
Indoor recreation facilities including premises for billiards, bowling,
cinema, video arcades, interactive recreational simulators
Lounges, taverns and cabarets subject to Policy CG-4
Medical clinics
Outdoor commercial displays
Parking lots and parking structures
Photography studios
Plazas and strip malls
Printing establishments
Public and private parks
Repair shops
Restaurants (eat-in, take-out, drive through)
Retail stores
Service shops
Tourist accommodations
Veterinary clinics
Warehousing as an accessory use if conducted on the same lot as the
main building
Any residential use permitted in the Residential General (RG) zone
Boarding homes
Dwelling units located in the same building as any commercial use
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 13
Guest homes
All institutional uses
Existing Light Industrial uses
Fraternal centres
Private recreational clubs
Utilities
6.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW
Small Scale WTG (Part 16)
Expansions to existing Industrial Uses
6.3 ZONE STANDARDS
The minimum zone standards for permitted uses in the CG Zone are set out in Part 18 of this
Bylaw.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 14
PART 7 GROUP COMMERCIAL (GC) ZONE
7.1 PERMITTED DEVELOPMENTS:
No development permit shall be issued for any use in the Group Commercial (GC) Zone
unless a Development Agreement has been issued.
7.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW
To permit a broad range of commercial and residential uses (similar to the commercial uses
permitted in the Commercial General zone) in existing or new buildings with the exception of
industrial uses.
7.3 ZONE STANDARDS
To permit commercial and residential uses in existing structures but to limit the ability to
replace or enlarge structures or develop new structures on lots within this zone except by
development agreement in accordance with policy RG-4 and RG-5, and IMP-13 to IMP-17
inclusive.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 15
Part 8 Business Park (BP) Zone
8.1 PERMITTED DEVELOPMENTS:
No development permit shall be issued for any use in the Business Park (BP) Zone
except for one or more of the following uses:
Light Industrial uses
Business and professional offices
Call centres
Commercial uses
Emergency services
Government buildings and offices
Community colleges
Utilities excluding sewage lagoons
8.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW:
Small Scale WTG (Part 16)
The following uses are permitted by Development Agreement in accordance with
Strategy Policies BP-4, BP-5 and BP-6, and IMP-13 to IMP-18 inclusive.
Food processing operations
Laboratories
Heavy equipment repair operations
Recycling depots
Service industries
Cannabis Production and Processing
8.3 ZONE STANDARDS
The minimum zone standards for permitted uses in the BP Zone are set out in Part 18 of this
Bylaw.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 16
Part 9 Mixed Use (MU) Zone
9.1 PERMITTED DEVELOPMENTS:
No development permit shall be issued for any use in the Mixed Use (MU) Zone
except for one or more of the following uses:
Domestic and Intensive Agricultural uses except fur farms and piggery
operations
Kennel
All Commercial uses permitted in the CG Zone
Light Industrial uses
All residential uses
Recreational uses
Existing Industrial uses located on the same lot as a residential use
Institutional uses
Utilities
Personal Recreational Vehicle Use
9.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW:
Small Scale WTG (Part 16)
Heavy Industrial uses identified in Strategy Policy MU-4 subject to a
development agreement
9.3 ZONE STANDARDS
The minimum zone standards for permitted uses in the MU Zone are set out in Part 18 of this
Bylaw.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 17
PART 10 RESIDENTIAL RESTRICTED (RR) ZONE
10.1 PERMITTED DEVELOPMENTS:
No development permit shall be issued for any use in the Residential Restricted
(RR) Zone except for one or more of the following uses:
All residential uses
Institutional uses
Recreational uses
Personal Recreational Vehicle Use
10.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW:
Small Scale WTG (Part 16)
10.3 ZONE STANDARDS
The minimum zone standards for permitted uses in the RR Zone are set out in Part 18 of this
Bylaw.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 18
PART 11 RURAL DEVELOPMENT (RD) ZONE
11.1 PERMITTED DEVELOPMENTS:
No development permit shall be issued for any use in the Rural Development (RD)
Zone except for one or more of the following uses:
Adult commercial day care centres
Domestic and Intensive Agricultural uses except Fur Farms and Piggery
Operations
Kennel
All forestry uses
All institutional uses
All residential uses
Automobile sales establishments
Automobile service stations
Automobile washing establishments
Bakeries
Banks and financial institutions
Boarding homes
Building supply dealers
Bus depots
Business and professional offices
Cable television and radio stations
Commercial day care centres
Communications facilities and structures
Custom workshops
Dressmaking and tailoring
Dwelling units located in the same building as any commercial use
permitted in the RD Zone
Fraternal centres
Funeral parlours and undertaking establishments
Garden and nursery sales and supplies
Greenhouses
Group dwellings
Guest homes
Homes for special care
Indoor recreation facilities including premises for billiards, bowling,
cinema, video arcades, interactive recreational simulators
Land lease communities
Lobster pounds
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 19
Lounges, taverns and cabarets subject to Policy RD-3
Marinas
Municipally owned sewage treatment plants
Medical clinics
Outdoor aquaculture operations
Outdoor commercial displays
Parking lots and parking structures
Photography studios
Printing establishments
Private boathouses, haul outs, storage buildings and wharfs
Private recreational clubs
Public and private parks
Recycling depots
Repair shops
Restaurants (eat-in, take-out, drive through)
Retail stores
Service shops
Shopping centres
Tourist accommodations
Veterinary clinics
Warehousing, wholesale and distribution uses
Utilities
Personal Recreational Vehicle Use
11.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW:
All WTGs (Part 16)
11.3 DEVELOPMENTS PERMITTED SUBJECT TO DEVELOPMENT AGREEMENTS:
The following uses require development agreements:
Large Scale WTG (Part 16)
Intensive Livestock operations
Fur farms and expansions to existing fur farms
Piggery Operations
Fish reduction plants
Fish composting operations
Motor vehicle racetracks
Scrap yards and salvage yards
Boat shops
Cannabis Production and Processing
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 20
11.4 ZONE STANDARDS
The minimum zone standards for permitted uses in the RD Zone are set out in Part 18 of this
Bylaw.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 21
PART 12 RESIDENTIAL ISLAND (RI) ZONE
12.1 PERMITTED DEVELOPMENTS:
No development permit shall be issued for any use in the Residential Island (RI)
Zone except for one or more of the following uses:
Residential uses
Institutional uses
Recreation uses
Existing uses
12.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW:
12.3 ZONE STANDARDS
The minimum zone standards for permitted uses in the RI Zone are set out in Part 18 of this
Bylaw.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 22
PART 13 INDUSTRIAL MARINE (IM) ZONE
13.1 PERMITTED DEVELOPMENTS:
No development permit shall be issued for any use in the Industrial Marine (IM)
Zone except for one or more of the following uses:
Any fish or fish food processing, aquaculture, freezing, and warehousing
operation conducted and wholly contained within an enclosed building
except fish reduction plants and fish composing operations
Boat construction and repair shops
Bulk petroleum storage
Business offices accessory to any main use permitted in the IM Zone
Commercial boat and marine supply and sales
Federal and Provincial government fishery and marine related buildings
and structures
Fisher's clubs
Fishery and marine related equipment storage buildings
Fishery and marine related museums
Lobster pounds and lobster storage facilities
Marinas
Marine railway facilities
Outdoor aquaculture Outdoor storage
Parking lots
Private boathouses, haul outs, storage buildings and wharfs
Public wharfs
Recreational boat sales, service and rentals
Residential, institutional and commercial uses only in the Woods Harbour
Industrial Marine (IM) Zone subject to the requirements of the Mixed Use
(MU) Zone
Restaurants
Retail and wholesale sport fishing equipment and supplies
Service Industries
Sport fishing outfitters
Utilities
13.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW:
13.3 ZONE STANDARDS
The minimum zone standards for permitted uses in the IM Zone are set out in Part 18 of this
Bylaw.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 23
PART 14 RECREATION (REC) ZONE
14.1 PERMITTED DEVELOPMENTS:
No development permit shall be issued for any use in the Recreation (REC) Zone
except for one or more of the following uses:
Recreation Facilities and Uses
Sports Fields
Parks and Playgrounds
Trails
Community Gardens
14.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW
Small Scale WTG (Part 16)
14.3 ZONE STANDARDS
In the interest of protecting and preserving public space and facilities, the Municipal
Development Officer shall be granted the authority to regulate the zoning standards for
recreational uses on a case-by-case basis. Prior to making application for a recreational use,
it shall be a requirement of the Municipality to meet with the Development Officer.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 24
PART 15 COASTAL WETLANDS (CW) ZONE
15.1 PERMITTED DEVELOPMENTS:
No development permit shall be issued for any use in the Coastal Wetlands (CW)
Zone except for one or more of the following uses:
Recreation Facilities and Uses
Sports Fields
Parks and Playgrounds
Trails
Community Gardens
15.2 DEVELOPMENTS PERMITTED SUBJECT TO OTHER REQUIREMENTS OF THIS BY-LAW
15.3 ZONE STANDARDS
In the interest of protecting and preserving environmentally sensitive areas, the Municipal
Development Officer shall be granted the authority to regulate the zoning standards for
passive and active recreational uses in the CW zone on a case-by-case basis. Prior to making
application for a recreational use in the CW zone, it shall be a requirement of the Municipality
to meet with the Development Officer.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 25
PART 16 WIND TURBINE GENERATORS
16.1 LARGE SCALE WTG
16.1.1
In accordance with Municipal Planning Strategy Policy WTG-3 a Development
Agreement is required for large scale WTG development. (Large Scale WTG
developments are governed by Policies WTG-5, WTG-6, WTG-8 and WTG-10 in
the Municipal Planning Strategy).
16.1.2
Large Scale WTG are permitted in the Rural Development (RD) Zone.
16.2 SMALL SCALE WTG
16.2.1 In accordance with Municipal Planning Strategy Policy WTG-4, a Site Plan
Approval is required for Small Scale WTG development. Small Scale WTG
developments are required to adhere to the provisions of this section. (See also
Policies WTG-5, WTG-6, WTG-8 and WTG-11 in the Municipal Planning
Strategy).
16.2.2
Small Scale WTG are required to be setback not less than 1.25 times the total
height of the WTG property boundary lines of a different landowner.
16.2.3
The required separation distance between Small Scale WTG and habitable
dwellings shall be not less than five (5) times the total height of the WTG.
16.2.4
Small Scale WTG are permitted in all zones except the Coastal Wetlands (CW),
Residential Island (RI) and Group Commercial (GC) Zones.
16.3 MICRO SCALE WTG
16.3.1
In accordance with Municipal Planning Strategy Policy WTG-7 a development
permit is required for the use of Micro Scale WTG.
16.3.2
Micro Scale WTG are required to be setback not less than 1.25 times the total
height of the WTG from property boundary lines.
16.3.3
Micro Scale WTG are permitted in all zones except the Coastal Wetlands (CW)
Zone and the Residential Island (RI) Zone.
16.4 GENERAL PROVISIONS FOR ALL WIND TURBINE GENERATORS
16.4.1
No advertising other than the manufacturer's name is permitted on any
WTG structures.
16.4.2
Wind Turbine Generators shall be required to be decommissioned and all
structures removed from the site within two (2) years of cessation of electrical
power generation on the site.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 26
16.4.3
More than one WTG is permitted on a lot provided all requirements of the Land
Use By-law are satisfied.
16.5 WAIVERS FOR WTG
16.5.1
In accordance with Municipal Planning Strategy Policy WTG-5 any required
setback or separation distance which cannot be satisfied shall be waived for the
siting of a WTG and a Development Permit shall be issued for its use where a
registered legal agreement is obtained by the developer for the siting of the
WTG from the owners of all affected adjacent properties within the required
yard setback or separation distance.
16.5.2
In accordance with Municipal Planning Strategy Policy WTG-6 the required
separation distance from a habitable dwelling for the siting of a WTG shall be
waived and a Development Permit shall be issued for its use where the WTG is
situated on the same lot as the habitable dwelling.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 27
PART 17 PARKING AND LOADING SPACES
17.1 PARKING REQUIREMENTS
For every building or structure to be erected or enlarged, used or where there is a change in
use to a building or structure, off-street parking located in the same zone and on the same
lot as the use and having unobstructed access to a public road, private road or "K" road shall
be provided and maintained in conformity with the following Schedule:
a) Dwellings containing not more than 3 dwelling units: 1 parking space per
dwelling unit.
b) All other dwellings: 1.5 parking spaces per dwelling unit.
c) Boarding homes, guest homes: 1 parking space for each bed.
d) A auditoriums, theatres, arenas, halls, stadiums, private clubs and other
places of assembly: 1 parking space per 100 sq. ft. of gross floor area devoted to
public use, excluding hallways, aisles, vestibules, washrooms and closets.
e) Outdoor tennis courts: minimum of 10 parking spaces.
f) Ball fields, outdoor skating rinks: minimum of 20 parking spaces.
g) Churches, church halls: 1 parking space per 100 sq. ft. of gross floor area used
for devotional purposes.
h) Hospitals and homes for special care: 1 parking space for each 2 beds or each
400 sq. ft. of gross floor area, whichever is greater.
i)
Hotels, staff houses, motels, tourist cabins, resorts: 1 parking space per
suite or rental unit plus 1 additional parking space for each 50 sq. ft. of floor
area devoted to public use (including restaurants, dining rooms and auditoria)
exclusive of lobbies and halls.
ii) Campgrounds: 1 parking space per rental unit.
j)
Restaurants, lounges: 1 parking space for each 75 sq. ft. of gross commercial
floor area excluding vestibules, washrooms and closets.
k)
Senior citizen apartments: 1 parking space for every 2 dwelling units.
l)
Offices (including Home Occupations): 1 parking space per 300 sq. ft. of gross
floor area.
m) Shopping centres: parking area to be 3 times commercial floor area exclusive of
common malls between stores.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 28
n) Funeral homes: 1 parking space per 5 seat capacity of the chapel with a minimum
of 10 parking spaces.
o) Bowling lanes and curling rinks: 1 parking space for each 2 persons in the
designed capacity of the establishment (designed capacity shall mean 6 persons per
bowling lane and 8 persons per curling sheet). In other parts of the building additional
parking spaces shall be provided in accordance with the requirements set out in this
By-law for the use to which the other parts of the building may be used.
p) All other commercial uses: 1 parking space per 300 sq. ft. of commercial floor
area.
q) Elementary schools: 1.5 parking spaces per teaching classroom.
r) High schools: 6 parking spaces per teaching classroom.
s) Furniture stores: 1 parking space per 500 sq. ft. of commercial floor area.
t) Industrial uses: 1 parking space per 450 sq. ft. of gross floor area.
17.2
PARKING SPACE AND AREA STANDARDS
a) A parking space shall be a minimum of 160 square feet in area measuring 8 feet by 20
feet exclusive of driveways or manoeuvring aisles.
b) Where parking facilities for more than 4 vehicles are required or permitted, the
parking area shall be maintained with a stable surface that is treated to prevent the
raising of dust or loose particles.
c) Notwithstanding the requirement of clause 1 that off-street parking be provided in the
same zone, where an existing developed lot in any zone is not capable of providing some
or all the required number of parking spaces for the intended use of the building, such
spaces shall be permitted in another zone provided the nearest portion be within 300 feet
of the location which it is intended to serve and provided that all other parking
requirements applicable to the existing developed lot zone category are satisfied. In
cases where the parking area is immediately adjacent the existing developed lot, the
applicable side or rear yard separation distance for parking is waived.
17.3
VARIANCE OF PARKING REQUIREMENTS
In accordance with Municipal Planning Strategy Policy 15.2.4.1 the Development Officer may
vary the parking requirements for multi-unit residential developments where deemed
appropriate.
17.4
LOADING SPACE STANDARDS
a) In any zone where commercial or industrial uses are permitted, no person shall erect
or use any building or structure for commercial or industrial purposes involving the
frequent shipping, loading or unloading of persons, animals or goods, unless there is
maintained on the same premises with every such building, structure or use, one off-
street space for standing, loading and unloading for every 30,000 square feet or fraction
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 29
thereof of building floor area used for any such purpose to a maximum of 6 loading
spaces.
b) A loading space shall be a minimum of 480 square feet in area measuring 12 feet by
40 feet with a minimum of 14 feet in height clearance.
c) A loading space or spaces shall be located on the same lot and in the same zone as
the use and have unobstructed access to a public road or private road.
d) The provision of a loading space for any building with less than 1500 square feet shall
be optional.
e) No loading space shall be located within any required front yard of a lot.
f) Loading space areas, including driveways leading thereto, shall be constructed of and
maintained with a stable surface which is treated so as to prevent the raising of dust or
loose particles.
g) Ingress and egress to and from a required loading space shall be provided by means
of unobstructed driveways with a minimum width of 10 feet for one-way traffic and a
minimum width of 20 feet for two-way traffic.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 30
PART 18 - ZONE STANDARDS
The following zone standards shall apply to uses permitted in the various zones established
in this By-law.
18.1 Residential uses permitted in the RG, RR, RI, MU, RD and CG Zones where
connecting to on-site sewage disposal systems:
a) Residential uses containing not more than two dwelling units except semi-detached dwellings:
Lot Area*
- 29,063 sq. ft.
- 40,000 sq. ft. where the on-site sewage disposal system is located
within 197 ft. of a lake, river, stream, or ocean
Lot Frontage
- 121 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- 6 ft. on one side and 10 ft. on the other side
Maximum height of main building is 35 feet.
b) Semi-Detached Dwellings:
Lot Area*
- 29,063 sq. ft. per dwelling unit
- 40,000 sq. ft. per dwelling unit where the on-site sewage disposal
system is located within 197 ft. of a lake, river, stream, or ocean
Lot Frontage
- 121 ft. per unit
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- Outside 10 ft.
- Common 0 ft.
-
Maximum height of main building is 35 feet.
c) Townhouses, Triplexes:
Lot Area
- 3,300 sq. ft. per unit
Lot Frontage
- 20 ft. per unit for Interior Units
- 35 ft. per unit for Exterior Units
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- Outside 15 ft
- Common 0 Ft.
-
Maximum height of main building is 35 feet
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 31
d)
Mobile Home Parks:
Lot Area*
- 29,063 sq. ft.
- 40,000 sq. ft. where the on-site sewage disposal system is located
within 197 ft. of a lake, river, stream, or ocean
Lot Frontage
- 121 ft.
* The Department of Environment may require larger lot sizes than those listed here for
on-site sewage disposal systems.
18.2 Residential uses permitted in the RG, RR, RI, MU and CG Zones where
connecting to municipal sewer:
a) Residential uses containing not more than two dwelling units except semi-detached dwellings:
Lot Area
- 10,000 sq. ft.
Lot Frontage
- 75 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- Outside 15 ft
- Common 0 ft.
Maximum height of main building is 35 feet.
b) Semi-Detached Dwellings:
Lot Area
- 7,500 sq. ft. per dwelling unit
Lot Frontage
- 40 ft. per unit
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- Outside 10 ft
- Common 0 ft.
Maximum height of main building is 35 feet.
c) Townhouses, Triplexes:
Lot Area
- 3,300 sq. ft. per unit
Lot Frontage
- 20 ft. per Interior Units
- 35 ft. per Exterior Units
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yard
- Outside 15 ft
- Common 0 ft.
Maximum height of main building is 35 feet.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 32
d) Apartments, Double Duplexes, Group Dwellings, Homes for Special Care:
Lot Area
- 10,000 sq. ft. for first 4 units and 1,000 sq. ft. per additional unit
Lot Frontage
- 100 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- 15 ft. on both sides
Maximum height of main building is 35 feet.
e)
Apartments in the CG Zone greater than 35 feet in height:
Lot Area
-10,000 sq. ft. for first 4 units and 1,00 sq. ft. per additional unit
Lot Frontage
-100 ft.
Front Yard
- 45 ft.
Rear Yard
-25 ft.
-45 ft. where abutting R1 Zone
Side Yard
- 20 ft. on both sides
-45 ft. where abutting R1 Zone
Maximum height of main building is 70 feet.
f) Mobile Home Parks:
Lot Area
- 10,000 sq.ft.
Lot Frontage
- 75 ft.
Maximum height of main buildings is 35 feet.
18.3 Commercial uses permitted in the BP, CG, MU, RD and IM Zones where
connecting to on-site sewage disposal systems:
a) Commercial uses except shopping centres in the RD Zone:
Lot Area*
- 29,063 sq. ft.
- 40,000 sq. ft. where the on-site sewage disposal system is located 197
ft. of a lake, river, stream or ocean
Lot Frontage
- 121 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- 20 ft. on both sides.
Maximum height of main building is 35 feet.
b) Shopping centres permitted in the RD Zone:
Lot Area*
- 1 acre
Lot Frontage
- 200 ft.
Front Yard
- 40 ft.
Rear Yard
- 40 ft.
Side Yards
- 30 ft on both sides
Maximum height of main building is 35 feet.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 33
*The Department of Environment may require larger lot sizes than those listed here
for on-site sewage disposal systems.
18.4 Commercial uses permitted in the BP, CG, MU and IM Zones where connecting
to municipal sewer:
Lot Area
- 10,000 sq. ft.
Lot Frontage
- 100 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- 20 ft. on both sides
Maximum height of main building is 35 feet.
18.4(a)
Commercial uses permitted in the CG Zone greater than 35 feet in height and
where connecting to municipal sewer:
Lot Area
- 15,000 sq. ft.
Lot Frontage
- 100 ft.
Front Yard
- 45 ft.
Rear Yard
- 25 ft.
- 45 ft. where abutting R1 Zone
Side Yards
- 20 ft. on both sides
- 45 ft. where abutting R1 Zone
Maximum height of main building is 70 feet.
18.5 Industrial uses permitted in the MU, RD and IM Zones where connecting to
on-site sewage disposal systems:
a) Industrial uses in the RD Zone except fish reduction plants:
Lot Area*
- 1 acre
Lot Frontage
- 150 ft.
Front Yard
- 40 ft.
Rear Yard
- 40 ft.
Side Yards
- 30 ft. on both sides
b) Industrial Uses permitted in the MU and IM Zones:
Lot Area*
- 29,063 sq. ft.
- 40,000 sq. ft. where the on-site sewage disposal system is located
within 197 ft. of a lake, river, stream or ocean
Lot Frontage
- 121 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- 30 ft. on both sides
*The Department of Environment may require larger lot sizes than those listed here
for on-site sewage disposal systems
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 34
18.6
Industrial uses permitted in the MU and IM Zones where connecting to
municipal sewer:
Lot Area
- 10,000 sq. ft.
Lot Frontage
- 100 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- 30 ft. on both sides
18.7 Domestic Agriculture uses in the RG, MU and RD Zones
a) Minimum lot area shall be 15,000 sq. ft., notwithstanding that where any Domestic
Agriculture use includes the keeping of horse(s) or cow(s) the minimum lot area shall
be 29,000 sq. ft.
b) Domestic Agricultural use must be contained within the limits of the property by means
of fencing, enclosures, or buildings.
c) No building or structure in association with the Domestic Agricultural uses, except
fencing, shall be located within:
i. 30 ft. of the property line or road right-of-way;
ii. 50 ft. of any well.
d) No manure storage shall be located within:
i. 30 ft. of the property line or road right-of-way;
ii. 50 ft. of a watercourse or wetland;
iii. 100 ft. of any well.
18.8 Intensive Agriculture uses in the MU and RD Zone
a) Minimum lot area shall be 43,563 sq. ft. (1 acre) notwithstanding that where any
Intensive Agriculture use includes the keeping of Livestock the minimum lot area shall
be 87,126 sq. ft. (2 acres).
b) Intensive Agricultural use must be contained within the limits of the property by means
of fencing, enclosures, or buildings.
c) No building or structure in association with the Intensive Agricultural uses, except
fencing, shall be located within:
i. 50 ft. of the property or road right-of-way;
ii. 100 ft. of any well.
d) No manure storage shall be located within:
i. 100 ft. of an adjacent property or road;
ii. 100 ft. of a watercourse or wetland;
iii. 100 ft. of any well.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 35
18.9 Fox, mink and Piggery Operations permitted in the MU and RD Zones:
Lot Area*
- 10 acres
Lot Frontage
- No requirement
Front Yard
- 150 ft.
Rear Yard
- 200 ft.
Side Yards
- 200 ft. on both sides
Maximum height of main building is 35 feet.
18.10 All other uses permitted in any zone where connecting to on-site sewage
disposal systems:
Lot Area*
- 29,063 sq. ft.
- 40,000 sq. ft. where the on-site sewage disposal system is located
within 197 ft. of lake, river, stream or ocean
Lot Frontage
- 121 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- 15 ft. on both sides
Maximum height of main building is 35 feet.
*The Department of Environment may require larger lot sizes than those listed here
for on-site sewage disposal systems.
18.11 All other uses permitted in any zone where connecting to municipal sewer:
Lot Area
- 10,000 sq. ft.
Lot Frontage
- 100 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- 15 ft. on both sides
Maximum height of main building is 35 feet.
18.12 Special Uses where permitted in a zone and which are not to be connected to
an on-site sewage disposal system or municipal sewer and the lot is created
pursuant to Section 5.07 of the Subdivision By-law or is an existing lot less
than 20,000 square feet in area:
Lot Frontage
- 20 ft.
Water Frontage
- 20 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- 10 ft. on both sides
Maximum height of main building is 35 feet
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 36
18.13 Home occupations shall be permitted in any dwelling or accessory building
thereof provided:
a)
the dwelling is occupied as a residence and the external appearance of the dwelling is not
changed by the home occupation;
b) adequate screening is provided adjacent to a residential use;
c)
not more than 25% of the total floor area of the dwelling is devoted to the home occupation;
d) the combined floor area of the dwelling and the accessory building used for a home occupation
and the floor area used in an accessory building where the dwelling is not used for a home
occupation shall be a maximum of 600 square feet where:
i.
the lot is served by central sanitary service and 10,000 square feet of less in area.
Thereafter, the floor area may be increased to equal:
-
1% of the total area to a maximum of 900 square feet of the maximum floor area
of the dwelling, whichever is less where the lot is greater than 10,000 square feet
but not more than 30,000 square feet in area, and thereafter by
-
3% of the total lot area to a maximum floor area of 1,200 square feet of the
maximum floor area of the dwelling, whichever is less where the lot is greater than
30,000 square feet in area.
ii.
the lot is served by an on-site sewage disposal system and is 20,000 square feet or less in
area. Thereafter, the floor area may be increased to equal 3% of the total lot area to a
maximum of 1,200 square feet of the maximum floor area of the dwelling, whichever is
less where the lot is greater that 20,000 square feet in area.
e)
Notwithstanding Section 4.2, the minimum side and rear year requirements for an accessory
building used for a home occupation shall be 10 feet except tourist cabins which shall meet the
minimum side and rear yard requirements for single detached dwellings.
18.14 Personal Recreational Vehicle Uses permitted in the RG, MU, RR and RD
Zones:
Lot Area
- 1 Acre
Lot Frontage
- 100 ft.
Front Yard
- 25 ft.
Rear Yard
- 25 ft.
Side Yards
- 10 ft. on both sides
Minimum Separation
Between Vehicles - 40 ft.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 37
PART 19 - DEFINITIONS
In this By-law, all words shall carry their customary meaning except for those defined in this Part.
Accessory Building means a subordinate building or structure on the same lot as the main building
devoted exclusively to an accessory use.
Accessory Use means a use subordinate and naturally, customarily and normally incidental to and
exclusively devoted to a main use of land or buildings and located on the same lot.
Act means the Municipal Government Act, Chapter 18, Statutes of Nova Scotia, 1998 and
amendments thereto.
Agriculture:
Domestic Agriculture, also commonly referred to as "Hobby Farm", means the use of land and
buildings which is accessory to the main residential use on a lot for farming, dairying, the keeping
of livestock, fowl, pasturage, floriculture, apiculture and horticulture and the necessary accessory
activities of feeding, breeding or holding for personal use and enjoyment including the sale of
produce, but does not include Fur Farm or Piggery Operation.
Intensive Agriculture means the use of land and buildings for farming, dairying, the keeping of
livestock, fowl, pasturage, floriculture and apiculture and the necessary accessory activities for
feeding, breeding or holding for purposes of processing, and the packing, storing, or treating the
produce for sale and does not include Fur Farm or Piggery Operation.
Alter means any change in the structural component of a building, or any increase in the volume of a
building or structure.
Automobile Service Station means a building or part of a building or a clearly defined space on a lot
used for the retail sale of lubricating oils and gasolines and may include the sale of automobile
accessories and the servicing and minor repairing of motor vehicles and may include an automobile
carwash or convenience store, or both.
Basement or Cellar means that portion of a building below the ground floor which is all or partly
underground and which has at least ½ its height from ground floor to the first-floor joists above
established grade.
Boarding or Rooming House means a dwelling in which the proprietor supplies either room or room
and board for compensation for more than 2 but not more than 12 bedrooms exclusive of the lessee or
owner and family and which is not open to the general public.
Building means any structure whether temporary or permanent, used or built for the shelter,
accommodation or enclosure of persons, animals, material or equipment and includes any awning, bin,
bunk, platform, travel trailer, vessel or vehicle used for any of the said purposes.
Building Line means any line regulating the position of a building or structure on a lot.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 38
Camp means a land and building complex designed or used for group sport, recreational or cultural
activities which may have facilities for sleeping and the preparation and serving of food, operated on a
temporary or seasonal basis by a church, service club, YMCA, youth club such as the Girl Guides and
Scouts and organizations of a similar nature.
Campground means an area of land under single ownership used or intended to be used for a
commercial purpose through the provision of temporary, seasonal or year-round accommodation (rental
sites) of motor homes, park model trailers, travel trailers, tents and tent trailers used for travel, recreation
and vacation purposes together with accessory commercial services and recreational facilities but does not
include a camp, mobile home park or personal recreational vehicle use.
Centre, Adult Commercial Day Care means a building or part of a building where adults are cared for,
without providing overnight accommodation, operated with a view toward financial profit and possibly
employing persons; but does not include an adult day care centre
Centre, Adult Day Care means that portion of a residence wherein the owner or occupier of the
residence or an institutional use such as a church, church hall or community hall provides accommodation
to adults, without overnight accommodations, but does not include an adult commercial day care centre.
Clinic means a building or part of a building used for the medical, dental, surgical or therapeutic
treatment of human beings, but does not include a public or private hospital or a professional office of a
doctor located in his/her residence.
Commercial Building means a building from which one or more businesses are carried on.
Commercial Group Buildings means two or more abutting commercial buildings each of which is
separately owned and located on a separate lot and which have separate entrances and loading spaces
and characterized by the sharing of common parking areas and driveways.
Commercial Group Facilities means two or more individual group commercial buildings characterized
by the sharing of common parking areas and driveways.
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".
Council means the Council of the Municipality of the District of Barrington.
Custom Workshop means a building or part of a building used by a trade, craft, or guild for the
manufacture in small quantities of made-to-measure clothes or articles and shall include upholstering,
repair, refinishing of antiques, and other art objects but shall not include metal spinning, woodworking or
furniture manufacturing.
Development includes any erection, construction, alteration, replacement or relocation of or addition to
any structure and any change or alteration in the use made of land or structures.
Development Officer means the development officer appointed by the Municipality in accordance with
the Act and charged with the duty of administering the provisions of this By-law.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 39
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, motel,
apartment hotel or travel trailer.
Dwelling, Apartment means a building containing 4 or more dwelling units which have a common
entrance from the street level and the occupants of which have the right to use in common, certain areas
of the building.
Dwelling, Converted means a building converted to contain a greater number of dwelling units than the
building contained prior to that conversion.
Dwelling, Duplex means a building that is divided horizontally into 2 dwelling units each of which has
an independent entrance either directly or through a common vestibule.
Dwelling, Group means 2 or more dwellings located on a lot under one ownership but shall not include
a mobile home park.
Dwelling, Semi-Detached means a building that is divided vertically into two (2) dwelling units each of
which has an independent entrance and each of which is designed to, if subdivided, exist as one (1)
independently owned dwelling unit on its own lot.
Dwelling, Single Detached means a completely detached dwelling unit and shall include a cabin or
cottage.
Dwelling, Townhouse means a building that is divided vertically 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 and each of which is designed to, if subdivided, exist as one
independently owned dwelling unit on its own lot.
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.
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 as excavating, grading, piling,
cribbing, filling, or draining, or structurally altering any existing building or structure by any addition,
deletion, enlargement or extension.
Established Grade means with reference to a building, the average elevation of the finished surface of
the ground where it meets the exterior of the front of such building exclusive of any artificial embankment
or entrenchment or when used with reference to a structure which is not a building shall mean the
average elevation of the finished grade of the ground immediately surrounding such structures exclusive
of any artificial embankment or entrenchment.
Existing means legally existing as of the effective date of this By-law.
Floor Area, Net Commercial means the total floor area within a building used for commercial purposes
but excludes washrooms, furnace and utility rooms and common malls between stores.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 40
Floor Area, Dwelling means the total floor area contained within the outside walls of a building
excluding any private garage, porch, verandah, sunroom, unfinished attic or basement and cellar or other
room not habitable at all seasons of the year.
Floor Area, Dwelling Unit where more than one unit is contained within a building, means the
maximum floor area contained within the finished wall surfaces of an individual dwelling unit, excluding
closets, built in cabinets and storage areas, and balconies.
Fox or Mink Farm means any operation where one or more males and females of either species, unless
such are neutered or spayed, are confined to an enclosed structure for feeding, breeding or holding for
production purposes or for pelts or for future sale.
Fraternal Centre means a building or part of a building used as a meeting place for members of an
organization and, without limiting the generality of the foregoing, may include the Legion, Lions Club,
Kiwanis, Independent Order of Odd Fellows, Women's Institute, Freemasons, Imperial Order Daughters of
Empire, a labour union hall and fishers' clubs.
Fur Farm means Fox or Mink farm
Guest Home or Bed and Breakfast Establishment means a dwelling in where the proprietor supplies
either room or room and board for compensation on a temporary basis and which is open to the travelling
public.
Height means the vertical distance of a building between the established grade and
a) the highest point of the roof surface or the parapet, whichever is the greater, of a flat roof;
b) the deck line of a mansard roof; or
c) the mean level between eaves and ridges of a gabled, hip, gambrel or other type of pitched
roof; but shall not include any construction used as ornament or for the mechanical operation
of the building, a mechanical penthouse, chimney, tower, copular or steeple.
Figure 1
Building Height
This illustration is for reference only, and does not form part of this By-Law
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 41
Homes for Special Care means a building or part of a building wherein care, supervision and programs
are provided to persons who are physically, mentally or socially handicapped and without limiting the
generality of the foregoing, shall include homes for the aged, licensed nursing homes, residential care
facilities, regional rehabilitation centres, 0adult residential centres, community based residential facilities
or facilities of a similar nature as may be defined by the Nova Scotia Homes for Special Care Act.
Home Occupation means an accessory use of a dwelling or an accessory building thereof for gainful
employment and may include any commercial use, manufacturing, assembly processing or repair work
operation, business or professional offices.
Hostel means a building or buildings or part thereof used to accommodate the travelling public by
supplying them with sleeping accommodation with or without meals and which is characterized by
common cooking and washroom facilities.
Hotel or Motel means a building or buildings or part thereof used to accommodate the travelling public
for compensation by supplying them with sleeping accommodation with or without meals but without
private cooking facilities.
Industry, Heavy means a use engaged in the basic processing and manufacturing of materials or
products predominately from extracted or raw materials, or a use engaged in storage of, or
manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
Industry, Light means a use engaged in the manufacturing, predominantly from previously prepared
materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging,
incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
Institutional Use means a building or part of a building used as an auditorium, church and other
religious institution including cemeteries; public art galleries, community centres, government buildings
(federal, provincial and municipal excluding provincial liquor stores), hospitals, libraries, museums, homes
for special care, schools, sports complex, post offices, fire stations and uses of a similar nature.
Intensive Livestock means a livestock or fowl operation in which animals are confined to a barn,
feedlot or other facility for feeding, breeding, milking, egg laying, processing or eventual sale.
Kennel means a premise used for the keeping of more than two dogs for the purposes of commercial
breeding or sale, overnight boarding of dogs, excluding veterinary clinic, commercial training or the
shelter of stray or abandoned animals.
"K" Road means a public road owned but not maintained by the Province and identified in Appendix "A"
of the Subdivision By-law.
Loading Space means an area of land provided and maintained upon the same lot or lots upon which
the main use is located and which 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)
does not include any portion of a public or private road right-of-way;
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 42
c)
has adequate access to permit ingress and egress by means of driveways, aisles,
manoeuvring areas or similar areas, no part or which shall be used for the temporary
parking or storage of one or more motor vehicles.
Lot means a parcel of land described in a deed or as shown in a registered plan of subdivision.
Lot Area means the total horizontal area within the lot lines of a lot.
Lot Depth means the horizontal distance between the front and rear lot lines; where these lot lines are
not parallel, the lot depth shall be the length of a line joining the mid-points of the front and rear lot lines.
Lot Frontage means:
a)
the length of a straight line (a) measured between the side lot lines (b) which is, as close
as practicable, parallel to the front lot line (c) and which is at a depth equal to or greater
than the minimum required front yard (d); and
b)
where there is a curve in the road, straight line (a) shall be measured between points on
the side lot lines (b) which points are at a depth equal to or greater than the minimum
required front yard (d) and, in no case, shall any point along line (a) be less than the
minimum required front yard (d).
c)
in the case of an existing undersized lot, the length of straight line (a) shall be
measured, as close as practicable, to the minimum required lot frontage as
determined by clause (a) or (b) except:
i)
where straight line (a) is equal in length at every point between the side lot lines,
the depth of straight line (a) need be no greater than the minimum required front
yard (d); or
ii)
where the depth of the front yard as determined by straight line (a) would not
permit development, the depth of straight line (a) may be reduced to the extent
necessary and practical to permit the development. In no case shall the depth be
less than the minimum required front yard.
Figure 2
Lot Frontage
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 43
Figure 3
Lot Types
This illustration is for reference only, and does not form part of this By-Law
Municipality of the District of Barrington
Land Use By-Law, November 25, 2013 , as amended
Page 5
Lot, Corner means a lot situated at the intersection of and abutting on two or more public roads, private
roads, "K" roads or any combination thereof. The shorter lot line shall be deemed the front lot line of the
said lot.
Lot, Flag means a lot which generally resembles a flag on a pole where the pole, a narrow prolongation
to serve as an access corridor extending from a public road, private road or "K" Road to the flag or main
body of the lot which is generally located at the rear of another lot.
Lot, Interior means a lot situated between two lots and having access to one public road, private road,
"K" road or right-of-way.
Lot, Island or Waterfront means a lot which does not abut or have access to a public road, private
road, "K" road or right-of-way.
Lot, Through means a lot bounded on two opposite sides by a public road, private road or "K" road
provided, however, that if any lot qualifies as being both corner lot and a through lot as herein before
defined, such lot shall be deemed to be a corner lot for the purpose of this By-law.
Lot Line means a boundary line of a lot.
Lot Line, Common means a lot line other than a front or rear or side lot line which bisects and travels
through a common wall between two (2) dwelling units.
Lot Line, Flanking means a side lot line which abuts the public road, private road or "K" road on a
corner lot.
Lot Line, Front means the line dividing the lot from a public road, private road or "K" road measured
between the side lot lines. Where a lot is served by a right-of-way, any one boundary line may serve as a
front lot line.
a. In the case of a corner lot, the shorter boundary line abutting a public road, private road
or "K" road shall be deemed the front lot line and the longer boundary line shall be
deemed the flankage lot line and where such lot lines are of equal length, the front lot line
shall be either of the lot lines.
b. In the case of a through lot, any boundary line dividing the lot from a public road, private
road or "K" road shall be deemed the front lot line.
Lot Line, Rear means the lot line furthest from or opposite to the front lot line.
Lot Line, Side means a lot line other than a front or rear lot line.
Main Building means any building in which is carried on the principal purpose for which the lot is used.
Main Wall means the exterior front, side or rear wall of a building, and all structural members essential to
the support of a full or partially enclosed space or roof.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 45
Mobile Home Or Mini Home means a vehicular portable single detached dwelling build in compliance to
the Canadian Standards Association (CSA) Z240 set of standards and for the purpose of this By-law shall
include any mobile home which was not built to the aforementioned standards but shall not include a
travel trailer, recreational vehicle, school bus, trailer otherwise designed or a multi-sectional modular
home.
Mobile Home Park means a lot or area of land on which spaces are provided for 4 or more mobile
homes and includes any service building and service uses as part of the equipment of the mobile home
parks but does not include a travel trailer park, campground or group dwellings.
Motor Home means a recreational vehicle, having its own motive power, designed to be used as a
temporary or seasonal dwelling and designed to be driven on public streets and highways and which may
be placed on a site for a temporary period.
Multi-Sectional Modular Home means a vehicular portable dwelling composed of two or more sections
designed for transportation in separate loads after fabrication, to a site and coupled together mechanically
and electrically to form a single structure but does not include a mobile home or mini home.
Municipality shall mean the Municipality of the District of Barrington.
Nursery, Commercial Day means a building or part of a building, where preschool-aged children are
cared for, without providing overnight accommodation, operated with a view toward financial profit and
possibly employing persons; but does not include a day nursery.
Nursery, Day means that portion of a residence wherein the owner or occupier of the residence or an
institutional use such as a church, church hall or community hall provides accommodation to 3 or more
preschool-aged children, without providing overnight accommodation, but does not include a commercial
day nursery.
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.
Outdoor Commercial 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.
Parking Lot means an open area of land other than a street or an area within a structure for the parking
of motor vehicles.
Parking Space means an area of land for the temporary parking of motor vehicles exclusive of
driveways, aisles or manoeuvring areas.
Personal Service Shop means a building or part of a building in which persons are employed in
furnishing services and otherwise administering to the individual and personal needs of persons, and
includes barber shops, beauty salons, automatic laundry shops, hairdressing shops, shoe repair shops and
depots for collecting dry cleaning and laundry but excludes any manufacturing or fabrication of goods for
sale.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 46
Personal Recreational Vehicle Use means:
a)
the placement and occupancy of a maximum of five (5) recreational vehicles on a lot for a
period not exceeding 180 days within a calendar year for non-commercial purposes and not
available to the travelling public.
b)
the placement of a recreational vehicle may be extended beyond a period of 180 days
provided that confirmation of Nova Scotia Department of Environment onsite septic
approval is received notwithstanding however occupancy shall not exceed 250 days within a
calendar year.
Piggery Operation means the use of a property exclusively for the breeding, raising and processing of
pigs for a commercial purpose.
Private Recreational Club means a building or part of a building or an area of land used as a meeting
place for members of an organization and, without limiting the generality of the foregoing, may include a
curling club, golf club, tennis club, yacht club, lawn bowling club, rod and gun club, antique automobile
club and a health fitness club.
Private Road means any road which is not public shown on a plan of subdivision which:
a)
extends to and has access to a public road and where not totally located within the area of
land being subdivided, the private road shall have an easement for right-of-way and access
which has been clearly granted by deed, registered in the Registry of Deeds for the County
of Shelburne; and
b)
includes any private road approved by the Department of Transportation and shown on an
approved plan of subdivision prior to the first day of August 1987 and filed in the Registry
of Deeds;
Private Storage Building means an enclosed or partially enclosed structure for the storage of boats,
vehicles, other equipment and materials in which no business, occupation or service is conducted for
profit.
Public Garage means a building or place other than a private garage where motor vehicles are kept or
stored for remuneration or repair, or a building or place used as a motor vehicle repair shop which does
not include any automatic car washing establishment, a motor vehicle sales establishment or an
automobile service station
Public Road includes any road owned and maintained by the Municipality or the Province; and
a)
municipal public road means any road owned and maintained by the Municipality;
b)
provincial public road means any road owned and maintained by the Department of
Transportation and Infrastructure Renewal excluding designated controlled access
highways pursuant to Section 20 of the Public Highways Act.
Recreational Use 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 but not including a Campground, Personal Recreational Vehicle Use or
a track for the racing of animals, or any form of motorized vehicles.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 47
Recreational Vehicle means a motor home, trailer or tent trailer intended to be used for short term or
seasonal occupancy.
Recycling Depot means premises on which recoverable materials such as newspaper, glassware, metal
cans and plastics are separated prior to shipment but does not include any processing of the material or a
salvage yard.
Restaurant means a building or part thereof where food and/or drink is served to the public for
consumption entirely within the building.
Restaurant, Drive-In means a building where food and drink is served to the public for consumption in
parking areas appurtenant to the building whether or not facilities are provided for consumption within the
building.
Resort means the use of lands, buildings and structures that accommodate guests throughout all or part
of the year and which provides sleeping accommodations, facilities for cooking and serving of meals or
individual cooking facilities for guests, recreation features and activities such as golfing, tennis, lawn
bowling, marinas, health spa, swimming pools, angling and other watersport activities, hunting and
recreational shooting, cross-country skiing, sightseeing, camping, hiking, indoor recreational activities and
other features or activities of a similar nature, gift and craft shops and the furnishing of equipment,
supplies or services to guests in connection with any of the foregoing features and activities and may
include accommodations for the operator and staff.
Retail Store means a building or part thereof in which goods, wares, merchandise, substances, articles
or things are offered for sale directly to the public at retail value.
Right-of-way means an easement for access extending to and having access to a public road, "K" road
or water frontage.
Salvage Yard means an area of land or lot including any building or structure used for the receipt,
storage, sale, re-sale and processing of waste or surplus automobile, transportation vehicles or industrial
equipment, including any parts or pieces that have been removed, but does not include a salvage yard or
recycling depot.
Scrap Yard means a lot or premises for the storage or handling of scrap material, and without limiting
the generality of the foregoing, shall include wastepaper, rags, bones, bottles, used bicycles, tires, metal
or other scrap material but does not include a salvage yard or recycling depot.
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
paint shop, plumbing shop, sheet metal shop and similar uses.
Service Shop means a building or part thereof used for the sale or repair of household articles and may
include radio, television and appliance repair shops but shall not include industrial or manufacturing or
motor vehicle repair shops.
Shopping Centre means a development used or intended to be used primarily for the purpose of retail
trade and resulting or intended to result in a total of 50,000 square feet or more of:
a)
new retail floor space, or
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 48
b)
new and existing related floor space where the new floor space exceeds 10,000 square
feet, including common areas and related office and warehouse space, but excluding
parking areas.
Storey means that portion of a building between any floor and the floor, ceiling, or roof next above,
provided that any portion of a building partly below grade level shall not be deemed a storey unless its
ceiling is at least 6 feet above grade. Any portion of a storey exceeding 14 feet in height shall be deemed
an additional storey for each 14 feet or fraction thereof.
Storey, Half means the portion of a building located wholly or partly within a sloping roof having a floor
area of not less than one-third or more than two-thirds of the floor area of the storey next below,
sidewalls not less than 4 feet in height and a ceiling with a minimum height of 7½ feet over an area equal
to at least 50 percent of its floor area.
Strategy means the Municipal Planning Strategy of the Municipality of the District of Barrington.
Street Line means the boundary line of a public road , private road or "K" road.
Strip Mall or Plaza means a group of commercial uses which have been designed and developed as a
continuous unit and characterized by shared parking and by the absence of a common interior walkway.
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 6 feet in height.
Subdivision By-law means the Subdivision By-law of the Municipality of the District of Barrington.
Tourist Cabin means a building used to accommodate the travelling public for gain or profit with or
without separate kitchen facilities and having separate entrance from outside the building but does not
include a travel trailer
Tourist Accommodation means a building or buildings, structures or use of land which is used to
accommodate the travelling public for gain or profit by supplying them with sleeping accommodation
(rental units or sites) with or without meals and shall include hotels, motels, guest homes, short term
rentals ("Airbnb"), resorts, tourist cabins and hostels.
Utility means any public or private system, work, plant, equipment or services which furnishes services at
approved rates to or for the use of the general public.
Warehouse means a building used for the storage, wholesaling and distribution of goods and materials
but shall not include a retail store.
Water Frontage means the distance measured as a straight line, between the two points where the side
lot lines of a lot meet a watercourse.
Wind Turbine Generators (WTG):
a. Array means two or more wind turbine generators located on the same lot.
b. Blade means an element of a WTG rotor which acts as a single airfoil, thereby extracting
kinetic energy directly from the wind.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 49
c. Blade Clearance means, in reference to a horizontal axis rotor, the distance from grade to
the bottom of the rotor's arc.
d. Habitable Dwelling means a structure designed as a dwelling to accommodate people
including
residences,
cottages
and
cabins,
but
not
including
accessory
structures such as sheds and storage buildings or storage areas.
e. Horizontal Axis Rotor means a wind energy conversion system, typical of conventional or
traditional windmills.
f. Kilowatt or KW means a measure of power for electrical current.
g. Large Scale WTG means a wind turbine generator greater than 60 metres in total height
or an array of wind turbine generators greater than 60 metres in total height.
h. Megawatt or MW means a measure of power for electrical current.
i. Micro Scale WTG means a wind turbine generator or an array of wind turbine
generators that have a combined total power generating nameplate capacity no greater
than 10 KW and a total height not greater than 20 metres.
j. Nameplate Capacity means the manufacturer's maximum rated output of the wind
turbine generator found on the nacelle of the wind turbine generator.
k. Rotor's Arc means the largest circumferential path travelled by a WTG blade.
l. Small Scale WTG means a wind turbine generator greater than 20 metres in total
height and not more than 60 metres in total height or an array of wind turbine 20 metres
in total height and not more than 60 metres in total height that have a combined total
power generating nameplate capacity greater than 10 KW and not more than 1 MW.
m. Separation Distance means the straight-line linear measurement distance measured
from the base of the wind turbine generator tower to any specified structure, road or
natural feature.
n. Setback means the straight-line linear measurement distance measured from the
base of the wind turbine generator tower to the property line.
o. Total Height means the height from grade to the highest vertical extension of a WTG. In
the case of a WTG with a horizontal axis rotor, total height includes the distance from
grade to the top of the tower, plus the distance from the top of the tower to the highest
point of the rotor's arc.
p. Tower means the structure which supports the rotor above grade.
q. Vertical Axis Rotor means a wind energy conversion system where the rotor is mounted
on an axis perpendicular to the earth's surface.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 50
r. Wind Farm or Wind Park means more than one WTG located on a lot.
s. Wind Turbine Generator (WTG) means a structure designed to convert wind energy into
mechanical or electrical energy.
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.
Yard, Common Side means a yard extending from the front yard to the rear yard of a lot which bisects
and travels through a common wall between two (2) dwelling units and includes a common side yard for
semi-detached and townhouse dwellings.
Yard, Flankage means the side yard of a corner lot which side yard extends from the front yard to the
rear yard between the flankage lot line and the nearest main wall of any main building or structure.
Yard, Front 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; and "minimum" front yard means the minimum depth
or such greater depth required by this By-law of a front yard on a lot at which the minimum lot frontage
requirement is met between the front lot line and the nearest main wall of any main building or structure
on the lot. Any one boundary line of a lot served by a right-of-way may serve as a front lot line for the
purpose of calculating the minimum front yard and other applicable yard requirements. (Refer to
Definitions 55 and 63 and Figures 3 and 4).
Yard, Rear means a yard extending across the full width of a lot between the rear lot line and the
nearest wall of any main building or structure on the lot; and "minimum" rear yard means the minimum
depth required by this By-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.
Yard, Side means a yard extending from the front yard to the rear yard of a lot between the side lot line
and the nearest wall of any main building or structure on the lot; and "minimum" side yard means the
minimum width required by this By-law of a side yard on a lot between a side lot line and the nearest
main wall of any main building or structure on the lot.
Zone means a designated area of land shown on the Schedules of this By-law.
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 51
Figure 4
Required Yards
This illustration is for reference only, and does not form part of this By-Law
This illustration is for reference only, and does not form part of this By-Law
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 52
SCHEDULE "I" - SITE PLAN APPROVAL
Site Plan Information
Item
Description
Site Plan
Provide an accurate scaled Site Plan showing
the following:
a) proposed location of wind turbine(s) and
related structure(s), as well as location of all
existing structures on the lot
b) existing and proposed utility lines
c) existing and proposed roads showing access
to the lot and access to proposed structures on
the lot
d) noise levels at property boundary lines
e) all property lines and distances of all
proposed structures to the property lines
f) type, size and location of any proposed
fencing
g) proposed landscaping
Manufacturer's Details
a) height of turbine and rotor
a) the turbine rated output in Kilowatts
b) sound characteristics of turbine(s)
c) engineering approval for foundations, towers
and support structures
d) safety features of turbine(s) and structures
Visual Representation
Provide a visual representation of the proposed
WTG installation including scale elevations and
proportions of wind turbines, photographs
and/or
digital
representations
showing
placement and landscaping
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 53
Decommissioning/Reclamation Provide a plan for decommissioning and
reclamation of the land
Safety Analysis
Provide a report on how human safety will be
protected
Application
Complete
the
'Application
for
Site-plan
Approval'
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 54
Site Plan Approval Application
Municipality of the District of Barrington
Site-plan Approval Application
(Office use) File No.______________ Date Received _______________
Property Information:
Property PID ________________ Civic Address _______________________________
Owner Name: ____________________________________________________________
Address: ____________________________________________________________
Telephone: __________________ E-mail: _______________________________
Applicant Name: _________________________________________________________
Applicant Address: _________________________________________________________
Telephone: __________________ E-mail: _______________________________
Contact Person/Agent: ______________________________________________________
Address: ______________________________________________________
Telephone: ________________ E-mail: ______________________________
Description of Proposal: (use additional sheet if necessary)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 55
______________________________________________________________________________
Applicant Signature: _____________________________ Date: ______________________
(Office Use) Application Complete Date: ________________
Site-plan Approved
Refused Signature: __________ Date: _____________
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 56
SCHEDULE "J"
The following existing heavy industrial uses in the Rural Development (RD) Zone, and existing industrial
uses in the General Commercial (GC), Mixed Use (MU) and Residential General (RG) Zones require
development agreements for their expansion beyond their existing lot boundaries or change of use (These
lists were compiled from the 1996 Assessment Roll of the Shelburne-Queen Region in September 1996):
List "A"
Existing Industrial Use on Their Own Lot
Land Use
District
Assessment Account
Number
Bulk Fuel Storage (RG)
6
148377
Fish Reduction Plant
6
1609467
Sawmill (RG)
6
4203895
Trucking Company (RG)
6
4203887
Contractor Equipment
Storage (CG)
7
4359135
Metal Fabrication (CG)
7
4373472
Warehousing (CG)
7
2633531
List "B"
Existing Industrial Uses on Same Lot
As Existing Residential Use
Land Use
District
Assessment Account
Number
Boat Building Shop (MU)
1
461873
Fish Processing (MU)
1
6426042
Fish Processing (MU)
1
6371019
Lobster Crates, Traps &
Bows Manufacturing (MU)
1
5485126
Welding Shop (MU)
1
1749188
Concrete Fabrication
2
281921
Fish Processing
2
4211537
Machine Shop
2
00281921
Boat Building
3
146528
Excavation Contractor
3
1810944
Construction Company
3
3509664
Fishing Business
3
4227085
Fish Processing
3
1023748
Repair Shop
3
2346907
Municipality of the District of Barrington
Land Use Bylaw November 25, 2013, as amended Page 57
Welding Shop
3
4499735
Boat Shop
4
3523543
Construction Equipment
4
3516881
Contractor Storage and
Rental Equipment
4
1988425
Electrical Contracting
4
3153428
Fish Building
4
2346494
Fish Plant & Tool Plant
4
48704
Fish Buildings
4
2843447
Fish Buildings
4
4825675
Fish Buildings
4
461563
Fish Buildings
4
2111225
Fish Plant
4
3525171
Fish Building
4
4658027
Fish Processing
4
3509737
Fish Processing
4
3515443
Fish Processing
4
4315243
Fish Processing
4
4657802
Boat Building
5
148369
Wire Trap Manufacturing
5
139157
General Contracting
5
3519945
Canoe Making (RG)
6
3496384
Carpentry Shop
6
5363373
Electrical Contracting
6
2419157
Electrical Contracting
6
1241257
Heating Installation and repairs (RG)
6
3815919
Masonry
6
4184432
Plumbing Services
6
461148
Plumbing Services (RG)
6
1241001
Sawmill
6
146749
Trucking Company (RG)
6
710202
Boat Building Shop
7
2987171
Carpentry Shop
7
4352475
Fish Processing
7
148059
Lobster Pound
7
966274
Trucking Company
7
3510069