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Town of Digby Land Use By-law, May 7, 2012
Town of Digby
Land Use By-law
Town of Digby Land Use By-law, May 7, 2012
Table of Contents
Part 1
Title and Purpose
1
Part 2
Administration
1
Part 3
Definitions
6
Part 4
Zones
25
Part 5
General Provisions for All Zones
27
Part 6
Residential Zone Provisions
42
6.1
General Provisions for all Residential Zones
42
6.2
Residential Low Density Residential RLD Zone
44
6.4
Residential Medium Density RMD Zone
47
6.4
Residential Mixed Use RMU Zone
49
6.5
Residential Comprehensive Development
District RCDD Zone
50
Part 7
Commercial and Industrial Zone Provisions
50
7.1
General Provisions for Commercial Zones
50
7.2
General Provisions for Industrial Zones
52
7.3
Commercial Downtown CD Zone
53
7.4
Commercial General CG Zone
57
7.5
Commercial Resort CR Zone
59
7.6
Industrial IND Zone
60
Part 8
Public Use and Environmental Protection Zone Provisions
62
8.1
Institutional INS Zone
62
8.2
Public Open Space OS Zone
63
8.3
Wellfield protection Overlay WPO Zone
64
Schedule A, Zoning Map
Schedule B, Wellfield Protection Overlay Map
Town of Digby Land Use By-law, May 7, 2012
Page 1 of 65
Part 1
Title and Purpose
1.1
Title
This By-law shall be known and may be cited, as the "Land Use By-law" of the
Town of Digby.
1.2
Purpose
The purpose of this By-law is to implement the land use and development control
provisions of policies contained in the Town's Municipal Planning Strategy as
enabled through the Municipal Government Act.
Part 2
Administration
2.1
Development Officer
2.1.1 This By-law shall be administered by the Development Officer, who shall be
responsible for the issuance of Development Permits.
2.1.2 In the absence or incapacity of the Development Officer, the Acting Development
Officer appointed by Council shall act in the Development Officer's stead.
2.2.
Development Permit
2.2.1 No person shall use any land or erect, alter or use any building or structure or
otherwise undertake any development unless a Development Permit has been
issued.
2.2.2 No Development Permit shall be issued unless all the provisions of this By-law or
the terms of a variance or development agreement relating to a proposed
development are satisfied.
Town of Digby Land Use By-law, May 7, 2012
Page 2 of 65
2.2.3 No Development Permit shall be issued by the Development Officer unless the
proposed development is in conformance with:
a)
the requirements of the Land Use By-law; or
b)
a development agreement that has been executed pursuant to Section 230
of the Municipal Government Act; or
c)
a variance from the terms of the By-law, granted by the Development
Officer, pursuant to Section 235 of the Municipal Government Act, and the
time for appeal has elapsed or the appeal has been disposed of, pursuant
to Section 237 of the Municipal Government Act.
2.2.4 A Development Permit shall be valid for a period of twelve (12) months from the
date of issuance.
2.2.5 A Development Permit may be renewed for an additional twelve (12) months
provided that the Permit has not been previously renewed and the Development
Officer is satisfied that the Permit is consistent with the existing Land Use By-law
and any proposed amendments.
2.2.6 No deviation shall be made from the description of the proposed development
without confirmation being obtained from the Development Officer.
2.2.7 A development permit may be revoked where a permit was issued on mistaken or
false information.
2. 3
Application for Development Permit
2.3.1 All applications for development permit shall be made using the form prescribed
by the Town and shall be signed by the owner of the property or by the owner's
agent.
Town of Digby Land Use By-law, May 7, 2012
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2.3.2 Every application for a Development Permit shall be accompanied by plans, in
duplicate, 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 erect any building or structure;
(b)
the proposed location, height and dimensions of the building, structure, or
work in respect of which the permit is applied for;
(c)
the location of every building or structure already erected on or partly on
such lot, and the location of every building upon abutting lots;
(d)
the location of all adjacent streets and rights-of-way, existing or proposed
driveways and lot access and the proposed location and dimensions of
parking spaces, loading spaces, and internal vehicle circulation;
(e)
natural features such as wetlands, watercourses, vegetation and slopes;
(f)
other such information as may be necessary to determine whether or not
every such building, development, reconstruction or redevelopment
conforms with the requirements of this By-law; and
(g)
the Development Officer may waive the requirement to supply the above
noted information if he/she deems it is not pertinent to the application.
2.3.3 Where the Development Officer is unable to determine whether the proposed
development conforms to this By-law and other by-laws and regulations in force
which affect the proposed development he/she may require that the plans
submitted under Part 2.3.2 be based upon actual survey by a Nova Scotia Land
Surveyor.
2.4
Amendment of the By-law
2.4.1 Any person who wishes to obtain the amendment, revision or repeal of this
By-law shall submit an application utilizing the form prescribed by the Town.
Town of Digby Land Use By-law, May 7, 2012
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2.4.2 The applicant shall deposit with the Town an amount estimated to be sufficient to
pay the cost of advertising required by the Municipal Government Act.
2.4.3 After the notice of advertising required by the Municipal Government Act has
been completed, the applicant shall pay to the Town any additional amount
necessary to defray the cost of advertising or if there is a surplus the Town shall
refund the same to the applicant.
2.5
Uses Considered by Development Agreement
The Municipal Planning Strategy provides that the following uses shall be
considered, approved and regulated by Development Agreement:
(a)
New residential dwellings containing five (5) or more units within the
Residential Designation;
(b)
Expansion of existing multiple unit dwellings containing four (4) or more
units within the Residential Designation;
(c)
Multiple residential structures located on a single lot within the Residential
Designation;
(d)
Group Homes within the Residential Designation;
(e)
Boarding and Rooming Houses within the Residential Designation;
(f)
Expansion or alteration of an existing local commercial use within the
Residential Designation;
(g)
All development located within the Residential Comprehensive
Development District (RCDD) Zone;
(h)
New residential apartment dwellings containing a minimum of eight (8)
dwelling units within the Commercial Downtown (CD) and new residential
apartment or townhouse dwellings containing a minimum of eight (8)
dwelling units within Commercial General (CG) Zones;
(i)
Expansion or alteration of existing industrial uses within the Commercial
Downtown (CD) Zone;
(j)
Development of new Industrial (IND) Zone uses or the expansion or
redevelopment of any use otherwise prohibited within the Wellfield
Protection Overlay (WFP) Zone;
(k)
Redevelopment or change of uses of properties zoned Institutional (INS)
within the Residential Designation;
Town of Digby Land Use By-law, May 7, 2012
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(l)
Erection of wind turbines or free standing solar panels within the
Residential, Commercial or Industrial Designations.
(m)
Redevelopment, alteration or expansion of existing or new prohibited uses
within the Wellfield Protection (WFP) Zone Overlay.
2.6
Registry of Deeds
Where Council has entered into a Development Agreement, a copy of the
agreement shall be registered by the clerk in the Office of the Registrar of Deeds
for the County of Digby and thereupon the obligations thereof shall be binding
upon the owner and any subsequent owner until discharged by the Town.
2.7
Liability for Costs
2.7.1 Where Council does not initiate an amendment to this By-law, the applicant, and
where Council is considering entering into a development agreement, the
applicant and/or the owner, shall pay an application processing fee and deposit
with the Town an amount estimated to be sufficient to pay the cost of advertising
as required by the Municipal Government Act. If insufficient, after advertising has
been completed, the applicant shall pay to the Town any additional amount
relating to the actual costs relating to advertising.
2.7.2 Where a variance from the requirements of the By-law has been applied for the
Development Officer shall give notice to the persons entitled, and in the manner
prescribed by the Municipal Government Act. This notice is to be served by
registered mail and the applicant shall pay an application processing fee and be
responsible for the cost relating to registered mail service.
2.8
Violation
2.8.1 The Council, or any of its duly authorized employees, shall have the right to enter
at all reasonable times into or upon any property within the area to which this
Land Use By-law applies for the purpose of any inspection necessary in
connection with the administration of the Land Use By-law.
2.8.2 In the event of any alleged contravention of the provisions of this Land Use By-
law, the Town may take action as enabled through the Municipal Government Act.
Town of Digby Land Use By-law, May 7, 2012
Page 6 of 65
2.9
Effective Date of this By-law
This By-law shall take effect when approved by the Minister of Service Nova
Scotia and Municipal Relations.
2.10 Certain Words
In this By-law, words used in the present tense include the 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.
Part 3
Definitions
For the purpose of this By-law, all words shall carry their customary meaning except for
those defined in this Part.
Abut means where properties, lots or yards share a common lot line or a common
point along a lot line.
Accessory Building or Structure means a subordinate building or structure on the
same lot as the main building devoted exclusively to an accessory use, but does not
include a building, or a building located completely underground.
Accessory Use means a use subordinate and naturally, customarily or normally
incidental to and exclusively devoted to a main use of land or building and located on the
same lot.
Act shall mean the Municipal Government Act, R.S. 1998, c.18, s.1, as amended.
Adult Entertainment means any form of entertainment or services of which a
primary feature or characteristic is the nudity or partial nudity of any person.
Agricultural Uses or Structures means any use or structure necessary for the
cultivation of vegetation and the raising of animals or fowl for sale purposes.
Alter means any change in the structural component of a building, or any increase in the
volume of a building or structure.
Town of Digby Land Use By-law, May 7, 2012
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Amenity Space means the area situated within the boundaries of a residential
development site intended and capable of being used for recreational purposes, and
may include landscaped areas, patios, private amenity areas, verandahs, balconies,
communal lounges, swimming pools, play areas and similar uses, but does not include
any area occupied at grade by a building's service area, parking lots, aisles or access
driveways.
Animal Hospital means the premises where animals are treated or treated and kept on
a temporary basis for monetary gain and shall not include an Animal Shelter which is
intended for the care of lost, abandoned or neglected animals .
Apartment Building means a building containing three 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 and its property.
Automobile Repair Shop means the use of a building or property for the repair of
automobile body and/or engine components and shall include detailing and painting of
automobile bodies.
Automobile Service Station or Service Station means a building or part of a building
or a clearly defined space on a lot used for the retail sale of gasoline and lubricating oils
and may include the sale of automobile accessories and the servicing and minor
repairing essential to the actual operation of motor vehicles other than an automobile
washing establishment or an automobile sales establishment.
Automobile Washing Establishment means a building or part thereof used for the
operation of automobile washing equipment which is automatic, or semi-automatic.
Basement means that portion of a building between two floor levels which is partly
underground but which has more than one-half of its height from finished floor to under-
side of floor joists of the storey next above, above the adjacent average finished grade
level adjacent to the exterior walls of the building.
Bed and Breakfast means a Single Family Dwelling in which there is a resident owner
or manager who provides overnight accommodation to the travelling public through the
use of a maximum of 6 bedrooms and capable of being licensed as a Bed and Breakfast
by the Province of Nova Scotia.
Town of Digby Land Use By-law, May 7, 2012
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Boarding or Rooming House means a dwelling in which the proprietor supplies either
room or room and board for monetary gain, to more than two persons exclusive of the
lessee or owner thereof or members of his 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. Any
awning, bin, bunker, or platform, vessel or vehicle used for any of the said purposes
shall be deemed a building.
Building Area means the maximum horizontal area of a building at grade
Building Line means any line regulating the position of a building or structure on a lot.
Church means a building dedicated to religious worship and includes a church hall,
church auditorium, Sunday School, parish hall, and day nursery operated by the church.
Clinic means a building or a 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 residence.
Commercial Motor Vehicle means any motor vehicle which is used for a business
activity and which has as its main purpose financial gain and includes ambulance, truck,
tractor, tractor trailers, buses, delivery vehicles and oil delivery trucks.
Commercial School means a school of seven or more pupils gathered at one time
conducted for gain, and may include instruction in trades, skills or services such as a
secretarial, language, driving, art, modeling, beauty, dancing and music school and does
not include day-care, day nursery or nursery schools.
Commercial Suite Accommodation means a room or series of rooms for temporary
overnight use of the travelling public with includes partial or full private kitchen facilities,
and/or lounge or amenity space.
Commercial Use means any use by which retail or wholesale trade is carried out, and
those other uses providing the sale of goods, materials or services.
Town of Digby Land Use By-law, May 7, 2012
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Community Centre means any tract of land, or building or buildings, or any part of any
buildings used for community activities whether used for commercial purposes or not,
the control of which is vested in the Municipality, a local board or agent thereof.
Converted Dwelling - See "Dwelling".
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 Town of Digby.
Day Care and Day Nursery means a place where three of more preschool children are
cared for on a temporary daily basis without overnight accommodation, but does not
include a school.
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,
building or structures.
Development Agreement means an agreement made pursuant to policies of the Town
of Digby Municipal Planning Strategy and provisions of the Municipal Government Act.
Development Officer means the officer of the Town of Digby from time to time charged
by the Municipality with the duty of administering the provisions of the Land Use By-law.
Dwelling means a building, occupied or capable of being occupied as a home,
residence or sleeping place by one or more persons, containing one or more dwelling
units and shall not include a hotel, a motel or an apartment hotel.
Converted Dwelling means a building converted to contain a greater number of
dwelling units than the building contained prior to that conversion.
Town of Digby Land Use By-law, May 7, 2012
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Duplex Dwelling means a building that is divided horizontally into two dwelling
units each of which have an independent entrance either directly from outside the
building or through a common vestibule.
Multiple Unit Dwelling means a building containing three or more dwelling units.
Semi-Detached Dwelling means a building that is divided vertically into two
dwelling units each of which has an independent entrance.
Single Detached Dwelling means a completely detached dwelling unit.
Townhouse or Rowhouse Dwelling means a building that is divided vertically
into three or more dwelling units, each of which has an independent entrance, to
a front and rear yard immediately abutting the front and rear walls of each
dwelling unit.
Triplex Dwelling means a building that is divided horizontally into three dwelling
units, each of which has an independent entrance either directly or through a
common vestibule.
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.
Duplex - see " Dwelling".
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, structurally alter any
existing building or structure by an addition, deletion, enlargement or extension.
Established Building Line means the average distance of the existing building from the
street line of existing buildings in any block where more than half the frontage has been
built upon at the effective date of this By-law.
Town of Digby Land Use By-law, May 7, 2012
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Established Grade means, with reference to a building, the elevation of the finished
grade of the ground where it meets the exterior of such building and when used with
reference to a structure shall mean the average elevation of the finished grade of the
ground immediately surrounding such structures, exclusive in both cases of any artificial
embankment; and when used with reference to a street, road, or highway means the
elevation of the street, road, or highway established by the Town or other designated
authority.
Existing means existing as of the effective date of this By-law.
Floor Area
With reference to a Dwelling means the maximum area contained within the
outside walls excluding any private garage, porch, verandah, sunroom,
unfinished attic or basement and cellar or other room not habitable at all
seasons of the year.
Commercial Floor Area means the total usable floor area within a building used
for commercial purposes but excludes washrooms, furnace and utility rooms, and
common malls between stores.
Gross Floor Area means the aggregate of the floor areas of building above or
below grade, measured between the exterior faces of the exterior walls of the
building at each floor level but excluding car parking areas within the building, and
for the purpose of this clause, the walls of an inner court shall be deemed to be
exterior walls.
With references to a 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.
Flanking Yard - see "Yard".
Front Yard - see "Yard".
Town of Digby Land Use By-law, May 7, 2012
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Golf Course means a public or private area operated for the purpose of playing golf or a
related activity.
Grade means the average elevation of the finished level of the ground at the exterior
walls of the building.
Guest House means a dwelling where the owner/proprietor supplies either room or
rooms and where not more than six (6) rooms are so used and which is open to the
travelling public.
Height means the vertical distance on a building between the established grade and the
highest point of the roof surface of the parapet, or a flat roof, whichever is the greater;
the decline of a mansard roof; or 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, cupola or steeple.
Home Occupation means use of a dwelling for employment involving the provision or
sale of goods or services or both goods and services.
Hospital means an institution for the treatment of persons afflicted with or suffering from
sickness, disease or injury.
Hotel means a building or buildings or part thereof on the same site used to
accommodate the travelling public for gain or profit, by supplying them with sleeping
accommodation with or without meals but without private cooking facilities.
Industrial Use means the use of any building or land for the purpose of fabricating
manufacturing, altering, repairing, processing, breaking up, demolishing, or treating of
any article, commodity, or substance whatsoever.
Institution means a building or part of a building used by an organized body or society
for promoting a particular purpose with no intent of profit but shall not include a private
club.
Town of Digby Land Use By-law, May 7, 2012
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Institutional Use means any or all of the following uses
Churches, Places of Worship and Religious Institutions
Colleges, Universities and Non-commercial Schools
Fire Stations
Public Building - municipal, provincial, federal
Nursing Homes subject to the requirements of residential development exceeding
four (4) units
Hospitals
Libraries, Museums and Art Galleries
Municipal Public Works Facilities
Police Stations
Public or Private Utility
Any institutional use which is incorporated under the Societies Act, R.S. 1989, c.
435, s. 1, as amended, or any other private statute of incorporation.
Public and private utilities
Sewage treatment plants.
Kennel means a building or structure where animals, birds or other livestock intended or
used as domestic household pets are kept or boarded.
Landscaping means any combination of trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, paving, screening or other architectural
elements, all of which is designed to enhance the visual amenity of a property or to
provide a screen to mitigate any objectionable aspects that may detrimentally affect
adjacent land.
Light Warehousing means the long term storage of goods inside an enclosed building,
the goods being neither reactive chemical, nor toxic, nor perishable or odour emitting,
including but not necessarily restricted to reusable bottle storage and the long term
storage of furniture, household goods, crated used goods, or general merchandise, and
not including retail sales and service or delivery of retail goods on the premises.
Town of Digby Land Use By-law, May 7, 2012
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Loading Space means a vacant area of land provided and maintained upon the same
lot upon which the principal use is located and which area:
is suitable for the temporary parking of at least one commercial motor vehicle
while merchandise or materials are being loaded or unloaded from such vehicle,
and such parking is not for the purpose of sale or display;
is not upon or partly upon any street, or highway.
Lot means any parcel of land described in a deed as a lot or as shown as an approved
lot on in a registered plan of subdivision.
Corner Lot means a lot situated at the intersection of and abutting on two or
more streets. The shorter lot line shall be deemed the front lot line of the said lot.
Interior Lot means a lot situated between two lots and having access to one
street.
Through Lot means a lot bounded on two opposite sides by streets or highway
provided, however, that if any lot qualifies as being both a Corner Lot and
Through Lot as hereinbefore defined, such lot shall be deemed to be a Corner Lot
for the purpose of this By-law.
Lot Area means the total horizontal area within the lot lines of a lot.
Lot Coverage means that percentage of the lot covered by the building area but
excluding that portion of any building that is constructed entirely below grade.
Lot Depth means the horizontal distance between the front and rear lot lines. Where
these lot lines are not parallel, the lot depth shall be the length of a line joining the mid-
points of the front and rear lot lines.
Lot Frontage means the length of a line measured at the front lot line joining the side lot
lines and parallel to the front lot line.
Town of Digby Land Use By-law, May 7, 2012
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Lot Line means a boundary line of a lot.
Front Lot Line means the line dividing the lot from the street; in the case of a
Corner Lot the shorter boundary line abutting the street shall be deemed the front
lot line and the longer boundary line abutting the street shall be deemed the side
lot line and where such lot lines are of equal length the front lot line shall be either
of the lot lines. In the case of a Through Lot, any boundary dividing the lot from a
street shall be deemed to be the front lot line.
Rear Lot Line means the lot line furthest from or opposite to the front lot line.
Side Lot Line means a lot line other than a front or rear lot line.
Flanking Lot Line means a side lot line which abuts the street on a corner lot.
Lounge means a premise that sells liquor and wine by the glass and beer by the glass
or bottle and is licensed under the Nova Scotia Liquor Control Act as a lounge.
Main Building means the building in which is carried on the principal purpose for which
the building lot is used.
Main Wall means the exterior front, side or rear wall of a building, and all structural
members essential to the support of a fully or partially enclosed space or roof.
Marine-Related Industrial Use means the fabrication, assembly, maintenance and
repair of boats which is not obnoxious by reason of sound, odour, dust, fumes, or
smoke, or other obnoxious emission or refuse matter or water carried waste or reason of
unsightly open storage, and boat and marine supplies and sales.
Maximum Lot Coverage means that percentage of the lot area covered by all building
above ground level and shall include that portion of such lot area which is occupied by a
building or portion thereof which is completely below ground level, and for the purpose of
this definition the maximum lot coverage in each zone shall be deemed to apply only to
that portion of such lot which is located within said zone.
Town of Digby Land Use By-law, May 7, 2012
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Manufactured Dwelling means a transportable, single or multiple-section dwelling unit
certified by the Canadian Standards Association prior to placement on a site as being
compliant with the CAN/CSA-Z240 Series Standard at the time of manufacture.
Medical Clinic means a building used wholly for the medical, dental, surgical, or
therapeutic treatment of human beings and includes pharmacies, medical equipment
suppliers, health care offices and other professional and commercial uses related to
medical care, but does not include a hospital.
Motel means a building or buildings or part thereof on the same site used to
accommodate the travelling public for gain or profit, by supplying them with sleeping
accommodation, with or without meals.
Municipality means the Municipality of the Town of Digby.
Non-Commercial School means a public or private academic, religious or philanthropic
school not operated for monetary gain.
Non-Conforming Use means any use of land or building or structure constructed, or
being constructed, on or before the effective date of this By-law which has a prohibited
use when subjected to this By-law.
Nursing Home means a building wherein nursing care, room and board are provided to
individuals incapacitated in some manner for medical reasons but does not include a
hospital or a senior citizen complex.
Obnoxious Use shall mean a use which, from its nature or operation creates a
nuisance or is offensive by the creation of noise or vibration, or by reason of the
emission of gas, fumes, dust, oil or objectionable odour, or by reason of the unsightly
storage of goods, wares, merchandise, salvage, refuse matter, waste or other material.
Office means a room 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.
Office and Professional Use means a building or part thereof in which the principal or
main use is the provision of professional services to the public.
Town of Digby Land Use By-law, May 7, 2012
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Open Space and Recreation Use means any or of the following uses:
Cemeteries
Community Centres
Crop farming, grazing and pastorage,
Golf Courses and Boat Clubs
Marinas and Boat Clubs
Market Garden and Garden Nurseries
Pavilions, Band Shells
Private Parks and Recreation Areas
Private Recreation Centres
Public Parks & Recreation Areas
Public Recreation Structures & Buildings
Buildings and structures accessory to the foregoing including a refreshment booth
or pavilion
Outdoor Display means the display of retail goods or materials intended for the
immediate sale to the general public which are not enclosed within a structure.
Outdoor Storage means the storage of goods or materials not intended for immediate
sale to the general public which are not enclosed within a structure.
Outdoor Wood burning Furnace means an accessory building or structure which
operates as a heat source for associated main buildings.
Owner means a part owner, joint owner, tenant in common or joint tenant of the whole
or any part of any land or building and includes a trustee, an executor, a guardian, an
agent, a mortgagee in possession, or other person having the care or control of any land
or building in the event of the absence or disability of the person having the title thereof.
Parking Lot and Parking Area means an open area containing parking spaces, other
than a street, for two or more motor vehicles, available for public use or as an
accommodation for clients, customers or residents and which has adjacent access to
permit ingress or egress of motor vehicles to a street or highway by means of driveways,
aisles or maneuvering areas where no parking or storage of motor vehicles is permitted.
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Parking Space means an area of not less than one hundred and sixty (160) square feet,
measuring eight (8) feet by twenty (20) feet exclusive of driveways or aisles, for the
temporary parking or storage of motor vehicles.
Personal Service Shop means a building or part of a building in which persons are
employed in furnishing services and otherwise administering to the individual and
personal needs of persons, and without limiting the generality of the foregoing may
include such establishments as barber shops, beauty parlours, automatic laundry shops,
hairdressing shops, shoe repair and shoe shining shops, and depots for collecting dry
cleaning and laundry, but excludes any manufacturing or fabrication of goods for sale.
Private Club means a building or part of a building used as a meeting place for
members or an organization and may include a lodge, a fraternity, or sorority house, and
a labour union hall.
Private Park means a park other than a public park which is privately owned and
operated.
Professional Office means a building or structure where business may be transacted, a
service performed or consultation given but shall not include the manufacturing of any
product or the retailing or selling of goods.
Public Authority means Her Majesty the Queen in the Right of Canada, the Province of
Nova Scotia, the Town of Digby or any Board, Commission or Committee of the Town of
Digby established by or exercising any power or authority under any general or specific
statute of Nova Scotia with respect to any of the affairs or purposes of the municipality or
a portion thereof and includes any committee or local authority established by the By-law
of the Town.
Public or Private Utility means a system, works, plant, equipment or service whether
owned or operated by or for the Municipality, or by a corporation, or under a federal or
provincial statute which furnishes services including but not limited to:
communication by way of telephone or telegraph;
public transportation;
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production, transmission, deliver or furnishing of water, gas or electricity to the
public at large;
collection and disposal of sewage, excluding septic tank sludge dumping
stations; and
fire departments.
Public Park means a park owned or controlled by a Public Authority.
Recreational Uses means the use of land for parks, playgrounds, tennis courts, lawn
bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic
areas, swimming pools, day camps, community centres and similar uses to the fore-
going, together with necessary and accessory buildings and structures, but not including
a track for the racing of animals, or any form of motorized vehicles.
Restaurant means a building or part thereof where food and drink is served to the public
for consumption within the building or for takeout but not for consumption in parking
areas appurtenant to the building.
Restaurant, Drive in means a building or part thereof 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.
Retail Store means a building or part thereof in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale directly to the public.
Road - see "Street".
Rowhouse Dwelling - see "Dwelling".
Scrap Yard and Salvage Yard means a lot or premises for the storage or handling of
scrap material and without limiting the generality of the foregoing, shall include waste
paper, rags, bones, bottles, used bicycles, vehicles, tires, metal or other scrap material
or salvage.
Semi-Detached Dwelling - see "Dwelling"
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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, a 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 shall include radio, television and appliance repair shops but shall not
include industrial or manufacturing or motor vehicle repair shops.
Service Station - see Automobile Service Station
Setback means the distance between the street line and the nearest main wall of any
building or structure and extending the full width or length of the lot. Required Setback
means the minimum setback as prescribed by the Land Use By-law.
Shopping Centre means a separate use of land containing a building or building
complex on a lot designed, developed and managed as a unit by a single owner or
tenant, or a group of commercial uses, distinguished from a business area comprising
unrelated individual uses and characterized by the sharing of common parking areas
and driveways.
Shopping Mall - see "Shopping Centre".
Side Yard - see "Yard".
Sign means any structure, device, light or natural object including the ground itself, or
any part thereof, or any device attached thereto, or painted or represented thereon,
which shall be used to identify, advertise, or attract attention to any object, product,
place, activity, person, institution, organization, form, group, commodity, profession,
enterprise, industry or business, or which shall display or include any letter, work,
model, number, banner, flag, pennant, insignia, device or representation used as an
announcement, direction, or advertisement, and which is intended to be seen from off
the premises or from a parking lot.
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The word "sign" shall include signs which are affixed to the inside of windows and glass
doors and are intended to be seen from roadways or parking lots. No other indoor sign
shall be deemed a sign within this By-law.
Canopy / Awning Sign means any sign attached to or forming part of a canopy
or awning.
Facial Wall Sign means a sign which is painted upon a building wall, or is
attached to and supported by a wall of a building.
Ground Sign means a sign supported by one or more up-rights, poles or braces
placed in or upon the ground.
Illuminated Sign means a sign that provides artificial light directly, or through any
transparent or translucent material, from a source of light connected with such
sign, or a sign illuminated by a light focused upon or chiefly directed at the
surface of the sign.
Off Premises Sign means a sign that is related to a business premise that is not
located on the building or lot on which the sign is placed.
Projecting Wall Sign means a sign which projects from and is supported by a
wall of a building.
Reader Board Sign means a sign designed with removable letters, marks,
symbols, or pictorials or any combination of these to allow for periodic revisions of
the sign message, but does not include signs used by theatres, art galleries,
arenas, churches or similar premises, for the purpose of identifying a program or
event that will take place at the premise.
Roof Sign means a sign supported by one or more uprights, poles or braces
placed upon the roof of a building.
Sandwich Board Sign means a sign which is composed of two hinged or
otherwise joined boards which leans on the ground.
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Sign Area means the area of the smallest triangle, rectangle of circle or semi-
circle which can wholly enclose the surface area of the sign. All visible faces of a
multifaced sign shall be counted separately and then totaled in calculating sign
area. Three dimensional signs shall be treated as dual-faced signs, such that the
smallest triangle, rectangle or circle or semi-circle which can totally circumscribe
the sign in the plane of its largest dimension is considered the sign area.
Number of Signs means that for the purpose of determining number of signs, a
sign shall be considered to be a single display surface or display device
containing elements organized, related, and composed to form a unit. Where
matter is displayed in a random manner without organized relationship or
elements, or where there is reasonable doubt about the relationship of elements,
each element shall be considered to be a single sign.
Single Detached Dwelling - see "Dwelling".
Split Level Dwelling - see "Dwelling".
Storey means that portion of a building which is situated between the top of any floor
and the top of the floor next above it, and if there is no floor above it, that portion
between the top of such floor and the ceiling above it.
Street or Road means the whole and entire right-of-way of every highway, road, or road
allowance vested in the Province of Nova Scotia or the Town of Digby.
Street Line means the boundary line of a street.
Structure means anything that is erected, built, or constructed of parts joined together
or any such section fixed to or supported by the soil or by any other structure. A
structure shall include buildings, walls and signs and also fences exceeding six (6) feet
in height.
Telecommunications Tower, Antennas, Buildings and Equipment means any
facilities, apparatus or other structure that is used for telecommunication transmissions
purposes.
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Tourist Establishment means a building or buildings which are used to accommodate
the travelling public for gain or profit by supplying them with sleeping accommodation,
with or without meals, and shall include a guest home, tourist cabins, a motel, an auto
court and a hotel.
Tower means any structure that is designed and constructed primarily for the purposes
or supporting one or more antennas, including self-supporting lattice towers, guy towers
or monopole towers and includes personal wireless service facilities including radio and
television transmission towers, microwave towers, common-carrier towers and cellular
telephone towers.
Town shall mean the Town of Digby.
Townhouse Dwelling - see "Dwelling".
Travel Trailer or Recreational Vehicle means any vehicle or similar portable structure
not exceeding one-hundred and two (102) inches wide and thirty two (32) feet long
supported by wheels designed for travel, recreational and vacation uses, to provide
dwelling accommodation of a temporary nature.
Triplex Dwelling - see "Dwelling".
Warehouse means a building where wares or goods are stored but shall not include a
retail store.
Wind Turbine means a system of components which converts the kinetic energy of the
wind into electrical or mechanical energy and which includes all necessary components
for energy storage, control systems and transmission systems.
Yard means an open, uncovered space on a lot appurtenant to a building (except a
court) and unoccupied by buildings or structures except as specifically permitted
elsewhere in this By-law. In determining yard measurements, the minimum horizontal
distance from the respective lot lines shall be used.
Front Yard means a yard extending across the full width of a lot between the
front lot line and the nearest wall of any building or structure on the lot; a
"minimum" front yard means the minimum depth allowed by this By-law of a front
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yard on a lot between the front lot line and the nearest main wall of any main
building or structure on the lot.
Rear Yard means a yard extending across the full width of a lot between the rear
lot line and the nearest wall of any main building or structure on the lot; and
"minimum" rear yard means the minimum depth allowed 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.
Side Yard means a yard extending from the front yard to the rear yard of a lot
between a side lot line and the nearest wall of any building or structure on the lot;
and "minimum" side yard means the minimum width allowed by this By-law of a
side yard on a lot between a side lot line and the nearest main wall of any main
building or structure on the lot.
Flanking Yard 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 building or structure.
Zone means a designated area of land shown on the Schedules of this By-law.
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4.
Zones and Zoning Map
4.1
Zones
For the purpose of this By-law, the Town of Digby is divided into the following
zones, the boundaries of which are shown on the attached schedule. Such zones
may be referred to by the appropriate symbols. The provisions of this By-law
shall apply to all such zones.
Zone
Symbol
Residential Low Density
RLD
Residential Medium Density
RMD
Residential Mixed Use
RMU
Residential Comprehensive Development District
RCDD
Commercial Downtown
CD
Commercial General
CG
Commercial Resort
CR
Industrial
IND
Institutional
INS
Public Open Space
OS
Wellhead Protection Zone Overlay
WHP
Wellfield Protection Zone Overlay
WFP
4.2
Zoning Map
Schedule A, attached hereto, is titled the "Zoning Map" and forms part of this
By-law.
4.3
Wellfield Protection Overlay Map
Schedule B, attached hereto, is titled the "Wellfield Protection Overlay Map" and
forms part of this By-law.
4.4
Zoning Boundaries
The extent and boundaries of all zones are shown on Schedule A attached.
4.5
Wellfield Area Protection Overlay
The extent and boundaries of the Wellfield Protection Area Zones are shown on
Schedule B attached.
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4.6
Interpretation of Zone Boundaries
Boundaries between zones, as shown on Schedule A, shall be determined as
follows:
(a)
where a zone boundary is indicated as approximately following lot line, the
boundary shall follow such lot lines; and
(b)
where a street, highway, railroad or rail right-of-way, electrical transmission
line right-of-way, watercourse or other linear feature is included on
Schedule A, it shall, unless otherwise indicated, be included in the zone in
which it occurs; and
(c)
where a street, highway, railroad or rail right-of- way, electrical
transmission line right-of-way, watercourse or other linear feature is
included on Schedule A and serves as a boundary between 2 or more
zones, a line midway on such right-of-way, watercourse or other linear
feature, and extending in the general direction of the long division thereof,
shall be considered the boundary between zones unless specifically
indicated otherwise; and
(d)
where the zone boundary is indicated as following the shoreline of a river
or bay, the boundary shall follow the actual shoreline, including wharves
and piers; and
(e)
Where none of the above provisions apply, and where appropriate, the
zone boundary shall be scaled from the attached Schedule A.
4.7
Standards of Measurement
The metric system of measurement is used throughout this By-law and in all
cases represents the required standard. Any reference to imperial measurements
are approximate and for convenience only.
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Part 5
General Provisions for all Zones
5.1
Permitted Uses
For the purpose of this By-law, if a use is not listed as a permitted or conditional
use in any zone, it shall be deemed to be a prohibited use in that zone and no
person shall use any land, or erect, alter, or use any building or structure for any
such use.
5.2
Special Conditions
For the purpose of this By-law, if a use is listed subject to any special conditions,
it shall be permitted subject to fulfilling any special requirements as defined in this
By-law.
5.3
Accessory Buildings
5.3.1
Accessory uses, buildings and structures shall be permitted in any zone
within the Town of Digby but shall not:
(a)
be used for human habitation;
(b) be located within the front yard of a lot;
(c)
where an accessory building is built on a corner lot, it shall be
located in the rear yard or in the side yard which is not adjacent to
the flanking street;
(d)
be built closer to a street on which the main building fronts than the
main building is to that street;
(e) be built closer than .6 meters (2 ft.) to a lot line except that:
(i)
common semi-detached garages may be centered on the
mutual side lot line; and
(ii) boat houses and boat docks may be built to the lot line when
the line corresponds to the mean high water mark.
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(f) exceed 5 meters (16.4 ft.) in height, except for accessory buildings
in an Industrial Zone which shall be a maximum height shall be 10
meters (32.8 ft);
(g) exceed 40 square meters (430.6 sq. ft.) in total floor area, except
that there shall be no maximum floor area for accessory structures
in a Commercial, Industrial or Public Use or Environmental
Protection Zones; and
(h)
be built within 2 meters (6.5 ft.) of the main building.
5.3.2
Notwithstanding anything else in this By-law, drop awnings, clothesline
poles, flag poles, garden trellises, fences and retaining walls shall be
exempted from any requirements under Part 5.3.1.
5.4
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 use accessory
thereof.
5.5
Building to be Erected on a Lot
No person shall erect or use any building unless such building is erected upon a
single lot.
5.6
Building to be Moved
No person shall move any building residential or otherwise, within or into the area
covered by this By-law without obtaining a development permit from the
Development Officer.
5.7
Calculation of Lot Frontage for Corner Lots or Irregular Shaped Lots
The following means shall be used for the purposes of determining the lot
frontage of corner lots or irregularly shaped lots:
(a)
In the case of a corner lot with a corner vision triangle the exterior lot lines
(street lines) shall be deemed to extend to their hypothetical point of
intersection for the purpose of calculating the frontage;
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(b)
In the case of other lots, lot frontage shall be deemed to be the horizontal
distance between the side lot lines. This distance shall be measured
perpendicularly to a line joining the middle of the front lot line with the
middle of the rear lot line, at a point along this equal to the minimum
applicable front yard.
5.8
Corner Vision Triangle
On a corner lot a fence, sign, hedge, shrub, bush or tree or any other structure or
vegetation shall not be erected or permitted to grow to a height greater than .6
meters (2 ft.) above grade of the streets that abut the lot within the triangular area
included within the street lines for a distance of 6.1 meters (20 ft.) from their point
of intersection.
5.9
Existing Buildings
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 setback 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 yard or 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.
5.10 Existing Lots
Notwithstanding anything else in this By-law, the use of a building existing on a lot
on the effective date of this By-law may be changed to a use permitted on the lot
where the lot width, front yard, or area required is less than the requirements of
this By-law provided that all other requirements of this By-law are satisfied.
5.11 Existing Undersized Lots
Notwithstanding anything else in this By-law, a vacant lot in existence on the
effective date of this By-law, having less than the minimum frontage or area
required by this By-law, may be used for a purpose permitted in the Zone in which
Town of Digby Land Use By-law, May 7, 2012
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the lot is located, and a building may be erected on the lot provided that all other
applicable provisions such as use, side yards, setbacks, and lot coverage in this
By-law are satisfied. In addition, such existing undersized lots may undergo an
increase in size and/or frontage undersized as a result of subdivision and still be
considered as an existing undersized lot under this By-law.
5.12 Existing Uses
5.12.1
Land uses which were in existence on or before the effective date of this
By-law and which are still in existence and which would not be permitted as
new uses in the Zone in which they are located shall be regarded as
conforming uses for the purposes of this By-law, provided that they are
listed in the zone in which they are located or satisfactory documentation
can be provided by the property owner to substantiate the existence of the
use before the effective date of this By-law.
5.12.2
Land uses which were in existence on or before the effective date of this
By-law and which are still existence and which are not included as
permitted uses within the zone in which they are located shall be regarded
as non-conforming and shall be subject to Parts 238 through 241 of the
Municipal Government Act.
5.13 Fences
5.13.1
A Development Permit shall not be required for fences which do not
exceed 2 meters (6.6 ft.) in height.
5.13.2
A Building Permit shall be required for fences exceeding 2 meters (6.6 ft.)
in height.
5.13.3
Fences shall be limited to a maximum height of 2.4 meters (8 ft.) in all
Residential Zones and 3.6 meters (12 ft.) in all other Zones.
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5.13.4
All fences, regardless of whether a Development Permit and/or a Building
Permit is required, shall conform to the following general requirements:
(a)
corner vision triangle restrictions shall apply for all corner lots;
(b)
fences cannot be electrified;
(c)
fences cannot contain barbed wire unless erected in conjunction
with a permitted industrial use and in such cases barbed wire is
prohibited from use in any yard which abuts a residential Zone.
5.14 Frontage on a Street
No development permit shall be issued unless the lot or parcel or land intended to
be used or upon which the building or structure is to be erected, abuts and fronts
upon a public street. Those private roads existing as of the date of this By-law
shall be exempted from this requirement.
5.15 Front Yard for a Through
In the case of a through lot, the front yard shall be deemed to be any yard which
abuts either of the two opposite public streets.
5.16 Height Regulations
The height regulations of this By-law shall not apply to church spires, water tanks,
elevator enclosures, silos, flagpoles, television or radio antennae, ventilators,
skylights, chimneys, or clock towers.
5.17 Illumination
No person shall erect any sign or illuminate in an area outside any building unless
such illumination is directed away from adjoining properties and any adjacent
streets.
5.18 Licenses, Permits and Compliance with other By-laws
5.18.1
Nothing in this By-law shall exempt any person from complying with the
requirements of other By-laws or regulations in force within the Town or
from obtaining any license, permission, permit, authority or approval
required thereunder.
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5.18.2
Where the provisions in this By-law conflict with those of any other
municipal or provincial requirements, the higher or more stringent
provisions shall prevail.
5.19 Loading Spaces
5.19.1
For every building or structure to be erected or enlarged, or structure for
manufacturing, storage, warehouse, department store, retail store,
wholesale store, market, freight or passenger terminal, hotel, hospital,
mortuary or other uses involving the frequent shipping, loading or
unloading of persons, animals, or goods, there shall be located on the
same premises with every such building, structure or use, one off street
space for standing, loading, and unloading for every 2787 square meters
(30,000 sq. ft.) or fraction thereof of building floor area in excess of 278
square meters (3,000 sq. ft.) to a maximum of six (6) loading spaces.
5.19.2
Each loading space shall be at least 3.6 meters (12 ft.) by 12.2 meters (40
ft.) with a minimum of 4.3 meters (14 ft.) height clearance.
5.19.3
The provision of a loading space is not required for any building with less
than 278 square meters (3,000 sq. ft.).
5.19.4
No such loading spaces shall be located within any required front yard or
be located with any required yard which abuts a Residential, Public Open
Space or Institutional Zone.
5.19.5
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.
5.19.6
Ingress and egress to and from the required loading space areas shall be
provided by means of unobstructed driveways of a minimum width of 3.1
meters (10 ft.) for one-way traffic or a minimum of 6.1 meters (20 ft.) for
two-way traffic.
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5.20. Maximum Permitted Projection into a Required Yard
Except for accessory buildings, every part of any yard required by this By-law
shall be open and unobstructed by any structure from the ground to the sky
provided, however, that those structures listed in the following table shall be
permitted to project into a yard for the specified distances indicated as follows:
Structure
Yard
Maximum Projection
Sills, belt course, cornice,
eaves, gutters, chimneys,
pilasters or canopies
Window Bay
Fire Escapes and exterior
staircases
Open/roofed porches not
exceeding one storey,
uncovered terraces
Any yard
Front, rear and Flanking
yards only
Rear and side yards
only
Flanking yards only for
single unit, semi-
detached, duplex and
triplex dwellings, any
yard for other residential
dwellings
.6 meters (24 in.)
1 meter (3 ft.) and a
maximum width of 3
meter (9.8 ft.)
2 Meters (6.5 ft.)
2.4 meters (8 ft.)
including eaves and
cornices
5.21 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.
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5.22 One Main Building to a Lot
No person shall erect more than one (1) main building on a lot except for grouped
or clustered apartment buildings and townhouses considered by Development
Agreement.
5.23 Outdoor Wood Furnaces
Outdoor wood furnaces shall be prohibited in all zones.
5.24 Parking Requirements
For every building or structure to be erected or enlarged, off street parking located
within the same zone as the use and having unobstructed access to a public
street or a private road, shall be provided and maintained in conformity with the
following Schedule:
Type of Use
Parking Required
Dwelling containing not more than three
(3) dwelling units
All other dwellings containing four (4) or
more dwelling units
Churches, church halls, auditoria,
restaurants, private clubs and other places
of assembly
Hospitals and Nursing Homes
Senior Citizens Apartment Dwelling Units
One (1) space per unit
One and one half (1.5) spaces per
unit
Where there are fixed seats one (1)
space for every five (5) seats. Where
there are no fixed seats one (1) space
for each 9.3 square meters (100 sq.
ft.) of floor area devoted to public use
One (1) space for each two (2) beds
or each 122 square meters (400 sq.
ft.) of floor area whichever is greater
One (1) space for every two (2)
dwelling units
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Hotels, motels and guest houses
Offices
Shopping Centre
Funeral Home
Bowling Alleys and Curling Rinks
All other Commercial Uses
Elementary Schools
One (1) space per rental unit or suite
plus one (1) space for each 4.6
square meters (50 sq. ft.) of floor area
devoted to public use exclusive of
lobbies and hallways
One (1) parking space per 27.8
square meters (300 sq. ft.) of floor
area
Total parking area to be three (3)
times the total floor area exclusive of
common area
One (1) parking space for each five
(5) seats capacity of chapel, with a
minimum of ten (10) parking spaces
One (1) parking space for each two
(2) persons in the designed capacity
where design capacity means six (6)
persons per bowling lane and eight
(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
put
One (1) parking space for each 27.8
square meters (300 sq. ft.) of floor
area
One and one half (11/2) parking
spaces for each teaching classrooms
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High School
Industrial Uses
Four (4) parking spaces for each
teaching classrooms
One (1) parking space for each 93
square meters (1,000 sq. ft.) of floor
area plus 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 put
5.25 Parking Area Standards
Where parking facilities for more than four (4) vehicles are required or permitted:
(a)
the parking area shall be maintained with a stable surface that is treated to
prevent the raising of dust or loose particles;
(b)
the lights used for illumination of the parking lot or parking station shall be
so arranged as to divert the light away from streets, adjacent lots and
buildings;
(c)
a structure, not more than 4.6 meters (15 ft.) in height and not more than
4.6 square meters (50 sq. ft.) in area may be erected in the parking area
for the use of attendants
(d)
the parking area shall be within 91 meters (300 ft.) of the location which it
is intended to serve;
(e)
when the parking area is of a permanent hard surfacing, each parking
space shall be clearly demarcated and maintained as such:
(f)
no gasoline pumps or other service station equipment shall be located or
maintained on the parking lot;
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(g)
approaches or driveways to any parking area, other than that required for
a single family dwelling, semi-detached, or a duplex dwelling shall be
defined by a curb of concrete or rolled asphalt and the limits of the parking
area shall be defined by a fence, curb or other suitable obstruction
designed to provide a neat appearance
(h)
in addition the location of approaches or driveways shall be not closer than
15.2 meters (50 ft.) from the limits of the right-of-way at street intersection;
(i)
entrance and exit ramps to parking areas shall not exceed two (2) in
number and each such ramp shall be a width of 7.6 meters (25 ft.) at the
street line and edge of pavement;
(j)
the width of a driveway leading to a parking or loading area, or of a
driveway or aisle in a parking area, shall be a minimum of 3.1 (10 ft.) if for
one-way traffic, and the maximum width of a driveway shall be 6.1 meters
(25 ft.).
5.26 Public Uses
This By-law does not apply to the use of land or the use, construction or
reconstruction of any building or structure by the Town of Digby or by the Town in
cooperation with another government body for the purposes of providing public
services or facilities.
5.27 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 that in the case of a non-
conforming use the provision of Section 241 - 242 of the Municipal Government
Act of Nova Scotia shall prevail.
5.28 Side Yards on Corner Lots
Notwithstanding anything else in this By-law, on a corner lot in any zone, no part
of any building other than accessory buildings shall be erected closer to the lot
line of the flanking street than 1.8 meters (6 ft.).
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5.29 Structure to be Moved
No person shall move a structure within or into the area covered by this By-law
without obtaining a Development Permit from the Development Officer.
5.30. Temporary Uses Permitted
5.30.1
Nothing in this By-law shall prevent uses incidental to construction such as
a construction camp or other such temporary work camp, a tool shed,
scaffold, or similar building incidental to construction providing that a
development permit has been issued for such construction.
5.30.2
Nothing in this By-law shall prevent structures erected for special
occasions and holidays provided only that no such use remains in place
more than 14 consecutive days. This shall include outdoor display for
special retail promotions.
5.31. Truck, Bus and Coach Bodies
No trucks, bus, coach or street car body, or structure of any kind, other than a
mobile home or dwelling unit erected and used in accordance with this and all
other By-laws of the Town, shall be used for human habitation within the Town of
Digby whether or not same is mounted on wheels.
5.32. Variance
5.32.1
Notwithstanding anything in this By-law the Development Officer may grant
a variance subject to provisions of the Municipal Government Act in
relation to:
(a)
The percentage of land that may be built upon;
(b)
The size or other requirements relating to yards;
(c)
Lot frontage; and/or
(d)
Lot area.
Town of Digby Land Use By-law, May 7, 2012
Page 39 of 65
5.32.2
The Development Officer may also grant a variance in relation to the
following:
(a)
The number of parking spaces and loading spaces required;
(b)
Ground area and height of a structure;
(c)
Floor area occupied by a home-based business; and/or
(d)
The height and area of a sign.
5.33 Signs and Signage
5.33.1
Safety and Maintenance of Signs
(a)
Every sign and all parts thereof, including framework, supports,
background, anchors and wiring systems shall be constructed and
maintained in compliance with the building, electrical, and fire
prevention by-laws.
(b)
All signs and all parts thereof shall be kept in a good state of repair
and maintenance.
5.33.2
Signs Prohibited in all Zones
The following signs shall not be permitted in any zone:
(a)
Signs which by reason of flashing or moving illumination or moving
parts may be confused by the motorist with traffic control signs or
lights;
(b)
Roof signs;
(c)
Any sign or sign structure which constitutes a hazard to public safety
or health;
(d)
Signs which by reason of size, location, content, colouring, or
manner of illumination obstruct the vision of drivers, either when
leaving a roadway or effectiveness of any traffic sign or control
device on public streets and roads;
Town of Digby Land Use By-law, May 7, 2012
Page 40 of 65
(e)
Any sign which obstructs free ingress to or egress from a fire
escape door, window or other required exit way;
(f)
Signs not erected by a public authority which make use of words
such as "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD", or
any similar words, phrases, symbols, lights, or characters in such
manner as to interfere with, mislead, or confuse traffic along a
public road;
(g)
Any sign which no longer advertises a bona fide business
conducted, or a product sold;
(h)
Signs on public property or public right-of-way, unless erected by a
governmental body, or unless required to be so located by order of
a governmental body, but no sign located on public property or a
public right-of-way shall bear any commercial advertising;
(i)
Signs not erected by a public authority which are located at or near
sharp road curves or below the crest of a steep road grade;
(j)
Signs painted on, attached to, or supported by a tree, stone, cliff or
other natural objects;
(k)
String lights, other than temporary holiday decorations which are
unshielded from off the property on which they are located;
(l)
Searchlights, pennants, spinners, banners, and streamers except
for occasions such as grand openings, county fairs, public festivals,
exhibitions and similar occasions; and
(m)
Signs not related to any business or use located on the lot or
premises.
Town of Digby Land Use By-law, May 7, 2012
Page 41 of 65
5.33.3
Signs Permitted in All Zones
The following additional signs are permitted in all zones and do not require
a permit pursuant to this Part.
(a)
Signs identifying name and address of resident and of not more
than 0.5 square meters (5 sq. ft.) in sign area.
(b)
"No Trespassing" signs or other such signs regulating the use of a
property and of not more than 0.18 square meters (2 sq. ft.) in sign
area.
(c)
Real estate signs not exceeding 0.5 square meters (5 sq. ft.) in sign
area in a Residential Zone and 1 square meters (10 sq. ft.) in other
zones.
(d)
Signs regulating or denoting on-premises traffic, parking or other
signs denoting the direction or function of various parts of a building
or premise provided that such signs are less than 0.5 square meters
(5 sq. ft.) in sign area.
(e)
Signs erected by a public authority or under the direction of such
authority and signs located on public streets.
(f)
Memorial signs or tablets and signs denoting the date of erection of
a structure.
(g)
The flag, pennant or insignia of any public authority, or of any
religious, charitable, or fraternal organization.
(h)
A sign having a sign area of not more than 5 square metres
incidental to construction and located on the construction site.
(i)
Electoral signs.
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Page 42 of 65
(j)
Unless otherwise provide for through a Development Agreement no
sign in a residential zone shall exceed .2 square meters (2 sq. ft.) in
area or 1.5 meters (5 ft.) and in the case of a ground sign be
erected within 2 meters (6.5 ft.) of a property line.
Part 6
Residential Zone Provisions
6.1
General Provisions for all Residential Zones
6.1.1 Business Uses Permitted in Residential Zones
6.1.1.1
Nothing in this By-law shall prevent the use of a dwelling in a Residential
(RLD, RMD, RMU) Zone for a business including business and personal
service, professional service or domestic or household arts provided that:
(a)
the dwelling is occupied as a residence by the user and the external
appearance of the dwelling is not changed by the business or
professional use;
(b)
there shall not be more than two (2) assistants who are not
residents in the dwelling employed in the business or profession;
(c)
not more than a total of thirty-five (35) percent of the total floor area
of the dwelling or 37.16 sq. meters (400 sq. ft) of an accessory
building is devoted to the professional, business or domestic or
household arts;
(d)
one off-street parking space, other than that required for the
dwelling, is provided for every 18.6 square meters (200 sq. ft.) of
floor space occupied by the business or professional use;
(e)
there shall be no advertising other than a business identification
plate or sign which has a maximum sign area of .9 square meters
(10 sq. ft.);
Town of Digby Land Use By-law, May 7, 2012
Page 43 of 65
(f)
no mechanical equipment is used on the premises which is capable
of generating an amount or type of noise not reasonably consistent
with the use of a dwelling ; and
(g)
no open storage or outdoor display related to the business shall be
permitted.
6.1.1.2
Domestic and Household Arts Permitted in Residential Zones
In this By-law Household and Domestic Arts shall include:
Catering
Dressmaking and Tailoring
Hairdressing and Barber Shops
Instruction in music, dancing, arts and crafts
Repair of small engines, motors and appliances
Weaving, painting, sculpturing, molding or otherwise making or repairing of
garden of household ornaments, articles of clothing, personal effects or
toys
6.1.2 Conformity with Existing Setbacks
Notwithstanding anything else in this By-law, in the Residential Low Density
(RLD), Residential Medium Density (RMD) and Residential Mixed Use (RMU)
Zones, structures built between existing buildings within 61 meters (200 ft.) apart
on the same block may be built with a setback equal to the average setback of
the adjacent buildings, but this depth shall not be less than 3.1 meters (10 ft.)
from the front lot line and need be no greater than setback regulations prescribed
in the zone in which it is situated.
6.1.3 Parking of Commercial Motor Vehicles
6.1.3.1
For the purpose of this Part "Commercial Motor Vehicles" shall mean any
motor vehicle having permanently attached thereto a truck or delivery body
and includes ambulances, hearses, buses and excavators, back hoe and
tractors.
Town of Digby Land Use By-law, May 7, 2012
Page 44 of 65
6.1.3.2
No tractor-trailer combinations or cab (tractor unit) shall be kept or parked
over night or longer in a Residential Low Density (RLD) or Residential
Medium Density (RMD) Zone.
6.1.3.3
No commercial motor vehicle shall be kept or parked on any vacant lot in a
Residential Low Density (RLD) or Residential Medium Density (RMD)
Zone.
6.1.4 Special Requirements: Lots with More than One Main Building
Pursuant to Section 21(d) of the Town of Digby Subdivision By-law, any
area of land in the RLD, RMD or RMU zones with more than one main
residential building existing as of the effective date of the Subdivision
By-law may be subdivided into as many lots as there are main buildings.
The minimum lot area requirement will be waived for such lots so created.
The only permitted use on such lots will be detached dwellings unless the
lot meets the usual zone requirements. These lots will be eligible for
development permits, but no further encroachments into the
non-conforming yards is permitted.
6.2.
Residential Low Density (RLD) Zone
6.2.1 RLD Uses Permitted
No development permit shall be issued in a Residential Low Density Residential
(RLD) Zone except for the following uses:
Detached Single Unit dwellings
Duplex dwellings
Semi-detached dwellings
Converted dwellings to a maximum of 2 dwelling units
Day Nurseries
Bed and Breakfast and Guest House
Existing Local Commercial Uses identified in Part 6.2.3
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6.2.2 RLD Zone Requirements
In any Residential Low Density Residential (RLD) Zone, no development permit
shall be issued for a residential use except in conformity with the following
requirements:
Single Detached
Dwelling
Day Nursery
Duplex Dwelling
Semi-Detached
Dwelling per
dwelling Unit
Converted
Dwellings
Minimum Lot Area
Minimum Lot
Frontage
Minimum Front
Yard
Minimum Rear
Yard
Minimum Side
Yard
One side
Other side
Maximum Height
of Main Building
464 square meters
(5,000 sq. ft.)
15.2 meters (50 ft.)
6.1 meters (20 ft.)
10.6 meters (35 ft.)
1.2 meters (4 ft.)
3.6 meters (12 ft.)
10.6 meters (35 ft.)
557 square meters
(6,000 sq. ft.)
18.3 meters (60 ft.)
6.1 Meters (20 ft.)
10.6 meters (35 ft.)
3.6 meters (12 ft.)
3.6 meters (12 ft.)
10.6 meters (35 ft.)
325 square meters
(3,500 sq. ft).
10.6 meters (35 ft.)
6.1 meters (20 ft.)
10.6 meters (35 ft.)
3.6 meters (12 ft.)
0 for common yard
10.6 meters (35 ft.)
464 square meters
(5,000 sq. ft.) plus
46.4 square
meters (500 sq. ft.)
for the second unit
15.2 meters (50 ft.)
6.1 meters (20 ft.)
10.6 meters (35 ft.)
1.2 meters (4 ft.)
3.6 meters (12 ft.)
10.6 meters (35 ft.)
Town of Digby Land Use By-law, May 7, 2012
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6.2.3 Existing Local Commercial Uses
The following uses are considered permitted uses within the Residential Low
Density (RLD) Zone:
Digby Campground, 236 Victoria Street, PID 30223887
Royal Propane, 1 Shore Road, PID 30223663
Service Canada Offices, 98 Sydney Street, PID 30225023
Telecommunications Facility, 53 Sydney Street, PID 30225866
Convenience Store, 44 Church Street, PID 30225965
6.2.4 Special Requirements: Side Yards for Attached Garages and Garages
Incorporated into a Dwelling Unit
Where a dwelling unit includes an attached garage or a garage incorporated into
the unit, the larger minimum side yard shall be waived and the minimum side yard
shall be 1.2 meters (4 ft.) for a one-storey building and an additional .6 meters (2
ft.) for every additional storey.
6.2.5 Special Requirements: Converted Dwellings
In addition to all other requirements, the following special provisions shall apply to
converted dwellings in a Residential Low Density Residential (RLD) Zone:
(a)
Additions - No addition or alteration may be undertaken which changes the
roof line or increases the height (except for the addition of dormers), or
extends into the front or side yard of the lot (except for structures
necessary for public safety purposes such as fire escapes).
(b) Parking - Parking shall be provided only in the side or rear yard of the lot.
6.2.6 Special Requirements: Limitations of the Number of Accessory Buildings
for Existing Commercial Uses
For existing commercial uses only one (1) accessory building which is in addition
to a residential dwelling on the same property is permitted per lot. The provisions
of Part 5.3 relating to accessory buildings shall apply.
Town of Digby Land Use By-law, May 7, 2012
Page 47 of 65
6.2.7 Special Requirements: Development on New Lots Created from
Preexisting Through Lots
Notwithstanding the frontage requirements set out in Part 6.2.2 above,
where the lot is created pursuant to Section 22B of the Town of Digby
Subdivision By-law, such lots shall be eligible for a municipal development
permit provided that:
(a)
there be minimum side yards of 1.2 meters (4 ft.) on each side;
(b)
the lot is at least 30.5 meters (100 ft.) in depth; and
(c)
all other applicable provisions of this By-law are satisfied.
6.3.
Residential Medium Density (RMD) Zone
6.3.1 RMD Uses Permitted
No development permit shall be issued in a Residential Medium Density (RMD)
Zone except for one or more of the following uses:
All Residential Low Density (RDL) Uses subject to RLD Zone Requirements
Apartment Dwellings to a maximum of 4 units
Double Duplex Dwellings
Triplex Dwellings
Townhouse and Row House Dwellings to a maximum of 4 units
Converted Dwellings to a maximum of 4 units
Town of Digby Land Use By-law, May 7, 2012
Page 48 of 65
6.3.2 General Lot Requirements for Residential Uses
In a Residential Medium Density (RMD) Zone, no development permit shall be
issued for a residential use except in conformity with the following requirements:
Triplex Dwelling or
Converted Dwellings to
a maximum of 4 Units
Rowhouse Dwelling
up to 4 Units
Apartments or Double
Duplex Dwellings
Minimum Lot Area
Minimum Lot
Frontage
Minimum Front Yard
Minimum Rear Yard
Minimum Side Yard
Maximum Height of
Main Building
650 square meters
(7,000 sq. ft.)
21.3 meters (70 ft.)
7.5 meters (25 ft.)
7.5 meters (25 ft.)
4.6 meters (15 ft.) or
half the height of the
main building whichever
is greater
10.6 meters (35 ft.)
232 square meters
(2,500 sq. ft.) for
each unit
7.5 meters (25 ft.)
for each unit
7.5 meters (25 ft.)
7.5 meters (25 ft.)
4.6 meters (15 ft.)
or half the height of
the main building
whichever is greater
10.6 meters (35 ft.)
929 square meters (10,000
sq. ft.) for the first 4 units
plus 148 square meters
(1,600 sq. ft.) for each
additional unit
10.6 meters (35 ft.)
10. 6 meters (35 ft.)
10.6 meters (35 ft.)
4.6 meters (15 ft.) or half
the height of the main
building whichever is
greater
10. 6 meters (35 ft.)
Town of Digby Land Use By-law, May 7, 2012
Page 49 of 65
6.4.
Residential Mixed Use (RMU) Zone
6.4.1 RMU Uses Permitted
No development shall be issued in a Residential Mixed Use (RMU) Zone, except
for one or more of the following uses:
Residential Low Density (RLD) Uses subject to the RLD Zone requirements
Residential Medium Density (RMD) Uses subject to the RMD Zone requirements
Institutional Uses
Commercial Uses not exceeding 185.8 sq. meters (2000 sq. ft.) in gross floor
area
Marine Storage and Maintenance
Outdoor Storage and Display
Public Open Space Uses
Recycling Depots
Warehousing
Wastewater Treatment Facilities
6.4.2 General Lot Requirements
In a Residential Mixed Use (RMU) Zone, no development permit shall be issued
except in conformity with the following requirements:
Minimum Lot Area:
464 square meters (5,000 sq. ft.)
Minimum Lot Frontage;
15.2 meters (50 ft.)
Minimum Front Yard:
6.1 meters (20 ft.)
Minimum Rear Yard:
10.6 meters (35 ft.)
Minimum Side Yard
one side:
1.2 meters (4 ft.)
other side:
3.6 meters (12 ft.)
Maximum Height of Main Building:
10.6 meters (35 ft.)
6.4.3 Side Yard Requirements for Non-Residential Uses
In a Residential Mixed Use (RMU) Zone all non-residential permitted uses shall
be required to maintain a minimum side yard of 3.6 meters (12 ft.).
Town of Digby Land Use By-law, May 7, 2012
Page 50 of 65
6.5.
Residential Comprehensive Development District (RCDD) Zone
6.5.1 RCDD Uses Permitted
No development shall be issued in a Residential Comprehensive Development
District (RCDD) Zone, except for one or more of the following uses:
Residential Low Density (RLD) Uses subject to the RLD Zone requirements
Residential Medium Density (RMD) Uses subject to the RMD Zone requirements
Public Open Space Uses
Institutional Uses
6.5.2 Development by Development Agreement
No development shall be permitted in the Residential Comprehensive
Development District (RCDD) Zone except in conformity with the provisions of a
Development Agreement approved pursuant to the Municipal Planning Strategy.
Part 7
Commercial and Industrial Zone Provisions
7.1.
General Provisions for all Commercial Zones
7.1.1 Abutting Zone Provisions
Where a Commercial Zone (CD, CG or CR) abuts a Residential (RLD, RMD or
RMU), Public Open Space, or Institutional Zone the following restrictions shall
apply to an abutting yard of a commercial use within the Commercial Zone.
(a)
The minimum side yard requirement for the abutting side yard shall be 6.1
meters (20 ft.).
(b)
No open storage or outdoor display shall be permitted in an abutting yard
in Commercial General Zone.
(c)
No parking space shall be permitted in an abutting yard within 6.1 meters
(20 ft.) of a side or rear lot line in the Commercial Zone.
Town of Digby Land Use By-law, May 7, 2012
Page 51 of 65
(d)
In addition to the provisions of Part 5.35, signs located in an abutting yard
shall be subject to the following requirements:
(i)
all signs shall be non-illuminated;
(ii)
only directional or business identification signs shall be permitted;
(iii)
the maximum sign area shall be 1.4 square meters (15 sq. ft.) with
the number of signs limited to two (2) per use; and
(iv)
the maximum height of a ground sign from the grade level to the
highest part of the sign (including the sign structure) shall be 4
meters (13.1 ft.).
7.1.2 Restrictions on Open Space and Outdoor Display
(a)
Within the Commercial Downtown (CD) Zone open storage or outdoor
display shall not be permitted as a main use
(b)
Within the Commercial General (CG) Zone open storage and outdoor
display shall be permitted as a main or accessory use subject to the
following:
(i)
no open storage or outdoor display shall be permitted within any
required front yard of a lot; and
(ii)
the area devoted to open storage or outdoor display shall not
exceed fifty (50) percent of the total lot area.
7.1.3 Special Provisions: Automotive Service Stations
Where automobile service stations are permitted in a Commercial Zone, the
following special provisions shall apply:
(a) minimum lot frontage shall be 45.7 meters (150 ft.);
(b)
no portion of any pump island shall be located closer than 6.1 meters (20
ft.) from any street line;
(c) the minimum distance between ramps or driveways shall not be less than
thirty 9.1 meters (30 ft.);
(d) the minimum distance from a ramp or driveway to a street intersection shall
be 15.2 meters (50 ft.);
Town of Digby Land Use By-law, May 7, 2012
Page 52 of 65
(e) the minimum angle of intersection of a ramp to a street line shall be forty-
five (45) degrees; and
(f)
the width of a ramp shall be a minimum of 6.1 meters (20 ft.) and a
maximum of 8 meters (26.2 ft.).
7.2
General Provisions for all Industrial Zones
7.2.1
Abutting Zone Requirements
Where a lot located within an Industrial Zone abuts a Residential (RLD, RMD,
RMU or RCDD), Open Space or Institutional Zone, the following restrictions
shall apply:
(a)
The minimum side yards for the abutting lot in the Industrial Zone
shall be 12.2 meters (40 ft.) but only for the yard which so abuts;
(b)
No open storage or outdoor display shall be permitted in the
abutting yard in the Industrial Zone;
(c)
No parking space shall be permitted in the abutting yard within 6.1
meters (20 ft.) of side or rear lot line; and
(d) Signs shall be regulated as provided in Part 5.35
7.2.2
Special Restrictions: Open Storage and Outdoor Display
In addition to 7.2.1the following restrictions shall apply to open storage or
outdoor display:
(a)
open storage or outdoor display shall not be permitted within the
required front yard of a lot; and
(b)
the area devoted to open storage or outdoor display shall not
exceed fifty (50) percent of the lot area.
Town of Digby Land Use By-law, May 7, 2012
Page 53 of 65
7.3
Commercial Downtown (CD) Zone
7.3.1
CD Uses Permitted
7.3.1(a)
No development permit shall be issued in a Commercial Downtown (CD)
Zone except for the following uses:
Animal Hospitals and Veterinary Establishments
Automobile Service Stations
Banks and Financial Institutions
Bed and Breakfast and Guest House
Business and Professional Offices
Commercial Schools
Dressmaking and Tailoring
Funeral Homes
Hotels and Motel, Inn's and Commercial Suites
Institutional Uses
Medical Clinics
News and Magazine Stands
Open Space Uses
Parking Lots and Parking Structures
Places of entertainment, Recreation and Assembly which are conducted
within wholly enclosed buildings
Private Clubs
Photography Studios
Printing Establishments
Restaurants
Retail Stores
Service and Personal Service Shops
Taxi and Bus Stations
Residential Dwellings located above or behind any commercial use to
maximum of four (4) dwelling units
Town of Digby Land Use By-law, May 7, 2012
Page 54 of 65
7.3.1(b)
In that area of the Commercial Downtown (CD) Zone south of Church
Street, in addition to the permitted uses in Part 7.3.1(a) the following uses
shall be permitted subject to the requirements of the Residential Medium
Density RMD Zone:
Detached Single Unit Dwellings
Duplex dwellings
Semi-detached dwellings
Converted dwellings with up to 4 units
Day nurseries
7.3.1(c)
In the Commercial Downtown (CD) Zone properties fronting on First
Avenue north of Church Street, in addition to the permitted uses in Part
7.3.1(a) the following uses shall be permitted subject to Part 7.3.5:
Any manufacturing, industrial, assembly or warehousing operation
conducted and wholly contained within an enclosed building and
which is not obnoxious by reason of sound, odour, dust, fumes or
smoke, or other obnoxious emission or refuse matter or water
carried waste or by reason of unsightly open storage or the
detonation of explosives.
Service Industries
Transportation Depots
Warehousing
7.3.1(d)
In the Commercial Downtown (CD) Zone properties fronting on First
Avenue north of Church Street, in addition to the permitted uses in Part
7.3.1(a), existing commercial structures may be converted to the following:
Residential dwellings use to a maximum of four (4) dwelling units
subject to the requirements of the RMD Zone.
Town of Digby Land Use By-law, May 7, 2012
Page 55 of 65
7.3.2 General Lot Requirements
In a Commercial Downtown (CD) Zone, no development permit shall be issued
except inconformity with the following requirements:
Minimum Lot Area:
93 square meters (1,000 sq. ft.)
Maximum Height of Main Building:
10.6 meters (35 ft.)
7.3.3 Apartment Buildings in the Commercial Downtown Zone by Development
Agreement
Development of a multiple unit residential dwelling within the Commercial
Downtown Zone shall be permitted by Development Agreement. In addition to
other provisions required pursuant to the Municipal Planning Strategy multiple unit
residential development in the Commercial Downtown Zone shall subject to the
following:
(a)
The minimum number of dwelling units shall be eight (8);
(b)
The provision of parking shall be in conformity with Part 5.25;
(c)
A minimum landscaped area of 18 6 square meters (200 sq. ft.) per unit
shall be provided on the lot as amenity space.
7.3.4 Development Requirements of Institutional and Open Space Use
No development permit shall be issued for an institutional or open space use
except in conformity with the following requirements:
Institutional Use
Open Space Use
Minimum Lot Area
Minimum Lot Frontage
Minimum Front Yard
Minimum Rear Yard
1858 square meters
(20,000 sq. ft.)
30.4 meters (100 ft.)
10.6 meters (35 ft.)
10.6 meters (35 ft.)
0
0
9.1 meters (30 ft.)
0
Town of Digby Land Use By-law, May 7, 2012
Page 56 of 65
Minimum Side Yard
Maximum Height of Main
Building
4.6 meters (15 ft.)
10.6 meters (35 ft.)
0
10.6 meters (35 ft.)
7.3.5 Restrictions on Commercially Converted Dwellings
An existing residential dwelling may be converted to any use permitted in Part
7.3.1 subject to the following:
(a)
alterations or renovations to the exterior architecture or to the exterior
structure of the building will be restricted to those which involve no
additions to the building or a change in its bulk;
(b)
the existing landscaping on the property is to be retained except where it is
necessary to remove it to accommodate adequate parking;
(c)
parking as required by the By-law shall be provided to the rear or side of
building only.
7.3.6 General Lot Requirements South of Church Street
In the Commercial Downtown (CD) Zone south of Church Street and properties
fronting on First Avenue north of Church Street no development permit shall be
issued for a commercial converted dwelling except in conformity with the following
requirements:
Minimum Lot Area:
557 square meters (6,000 sq. ft.)
Minimum Lot Frontage:
18.3 meters (60 ft.)
Minimum Front Yard
or Flankage Yard
6.1 meters (20 ft.)
Minimum Rear Yard:
7.6 meters (25 ft.)
Minimum Side Yard:
One side
1.2 meters (4 ft.) plus .6 meters (2 ft.) for
each additional storey
Other side
3.6 meters (12 ft.)
Town of Digby Land Use By-law, May 7, 2012
Page 57 of 65
Maximum Height of Main Building:
10.6 meters (35 ft.)
Parking:
1 space for each 27.8 square meters
(300 sq. ft.) of retail sales or service
area, up to a maximum of 6 spaces
7.4 Commercial General (CG) Zone
7.4.1 CG Uses Permitted
No development permit shall be issued in a Commercial General (CG) Zone
except for the following uses:
Animal Hospitals and Veterinary Establishments
Automobile Sales Establishment
Automobile Service Stations including automobile washing establishments as an
accessory use conducted on the same lot as the main building
Boats, Trailer and Snowmobile Sales and Rentals
Churches and Religious Institutions
Private Clubs
Display Courts, featuring swimming pools, decorative fountains, prefabricated
cottage and mobile homes
Dry Cleaning and Laundry Distribution Establishments
Existing residential uses subject to the provisions of the Residential Low Density
(RDL) Zone
Food and Grocery Stores
Funeral Monument Sales and Displays
Funeral Parlour and Undertaker Establishments
Hotels, Motels and other tourist establishments
Indoor recreational establishments including premises for billiards, bowling,
curling, dancing, roller and ice skating, theatre or cinema
Institutional Uses
Lumber and home improvement supplies
Offices and Professional Uses
Open Space Uses
Outdoor Storage and Display
Restaurants and Drive-in Restaurants
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Retail sales, personal service, entertainment, educational and recreational uses
within wholly enclosed buildings. shopping mall or partially open plaza.
Any manufacturing, assembly or warehousing operation conducted or wholly
contained within an enclosed building and which is not obnoxious by reason of
sound, odour, dust, fumes or smoke, or other obnoxious emission or refuse
matter or water carried waste or by reason of unsightly open storage or the
detonation of explosives
Service Industries.
7.4.2 High Density Residential Uses in the Commercial General Zone by
Development Agreement
Development of a multiple unit apartment or townhouse dwelling within the
Commercial General Zone shall be permitted by Development Agreement. In
addition to other provisions required pursuant to the Municipal Planning Strategy
multiple unit residential development in the Commercial General Zone shall be
subject to the following:
(a)
The minimum number of dwelling units shall be eight (8);
(b)
The provision of parking shall be in conformity with Part 5.25;
(c)
A minimum landscaped area of 18 6 square meters (200 sq. ft.) per unit
shall be provided on the lot as amenity space;
(d)
The minimum front yard setback for the residential structure shall be 30.48
meters (100 ft.).
7.4.3 General Lot Requirements
In the Commercial General (CG) Zone, no development permit shall be
issued except inconformity with the following requirements:
Minimum Lot Area:
929 square meters (10,000 sq. ft.)
Minimum Lot Frontage:
26 meters (85 ft.)
Minimum Front Yard:
6.1 meters (20 ft.)
Minimum Rear Yard:
7.6 meters (25 ft.)
Minimum Side Yard:
4.6 meters (15 ft.)
Maximum Height of Main Building:
10.6 meters (35 ft.)
Town of Digby Land Use By-law, May 7, 2012
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7.4.4 Development Requirements for Institutional and Open Space Uses
No development permit shall be issued for an institutional or open space use
except in conformity with the following requirements:
Institutional Use
Open Space Use
Minimum Lot Area
Minimum Lot Frontage
Minimum Front Yard
Minimum Rear Yard
Minimum Side Yard
Maximum Height of Main
Building
1858 square meters
(20,000 sq. ft.)
30.4 meters (100 ft.)
10.6 meters (35 ft.)
10.6 meters (35 ft.)
4.6 meters (15 ft.)
10.6 meters (35 ft.)
0
0
9.1 meters (30 ft.)
0
0
7.5 meters (35 ft.)
7.5
Commercial Resort (CR) Zone
7.5.1 CR Uses Permitted
No development permit shall be issued in Commercial Resort (CR) Zone except
for the following uses:
Hotels, Motels and other tourism establishments
Golf Courses and boat clubs Marinas and boat clubs
Institutional Uses
Open Space
Private Parks and Recreation Areas
Private Recreation Centres
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7.5.2 General Lot Requirements
No development permit shall be issued in a Commercial Resort (CR) Zone unless
the minimum setback from any lot line for any main building is 9.1 meters (30 ft.).
7.5.3 Development Requirements for Institutional and Open Space Uses
No development permit shall be issued for an institutional or open space use
except in conformity with the following requirements:
Institutional Use
Open Space Use
Minimum Lot Area
Minimum Lot Frontage
Minimum Front Yard
Minimum Rear Yard
Minimum Side Yard
Maximum Height of
Main Building
1858 square meters
(20,000 sq. ft.)
30.4 meters (100 ft.)
10.6 meters (35 ft.)
10.6 meters (35 ft.)
4.6 meters (15 ft.)
10.6 meters (35 ft.)
0
0
9.1 meters (30 ft.)
0
0
10.6 meters (35 ft.)
7.6
Industrial (IND) Zone
7.6.1 IND Uses Permitted
No development permit shall be issued in an Industrial (IND) Zone except for the
following uses:
Any manufacturing, industrial, assembly or warehousing operation conducted and
wholly contained within an enclosed building and which is not obnoxious by
reason of sound, odour, dust, fumes or smoke, or other obnoxious emission or
refuse matter or water carried waste or by reason of unsightly open storage or the
detonation of explosives.
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Any activity connected with the automotive trade other than an automotive scrap
yard or automobile related commercial recreational establishment Boat and
Marine Supplies and Sales
Breweries
Building Supply and Equipment Depots
Bulk storage of sand or gravel
Commercial and Office Uses accessory to a main use permitted in an IND Zone
and conducted in the main building
Farm Implement Sales
Warehousing
Machine Shops
Boat Repair and Service Facilities
Institutional Uses
Open Space Uses
Power and Telephone Utility Facilities
Service Industries
Telecommunications Facilities
Transportation Depots
7.6.2 General Lot Requirements
In an Industrial (IND) Zone, no development permit shall be issued except in
conformity with the following requirements:
Minimum Lot Area:
3716 square feet (40,000 sq. ft.)
Minimum Lot Frontage:
61 meters (200 ft.)
Minimum Front Yard:
12.2 meters (40 ft.)
Minimum Rear Yard:
12.2 meters (40 ft.)
Minimum Side Yard:
6.1 meters (20 ft.)
Maximum Height of Main Building:
10.6 meters (35 ft.)
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7.6.3 Development Requirements for Institutional and Open Space Use
No development permit shall be issued for an institutional or open space use
except in conformity with the following requirements:
Institutional Use
Open Space Use
Minimum Lot Area
Minimum Lot Frontage
Minimum Front Yard
Minimum Rear Yard
Minimum Side Yard
Maximum Height of
Main Building
1858 square meters
(20,000 sq. ft.)
30.4 meters (100 ft.)
10.6 meters (35 ft.)
10.6 meters (35 ft.)
4.6 meters (15 ft.)
10.6 meters (35 ft.)
0
0
9.1 meters (30 ft.)
0
0
10.6 meters (35 ft.)
Part 8
Public Use and Environmental Protection Zone Provisions
Part 8.1
Institutional INS Zone
8.1.1.1
INS Uses Permitted
No development permit shall be issued in an Institutional (INS) Zone
except for the following uses:
Cemeteries
Churches, religious institutions and places of worship
Church halls and public halls
Community centres
Cultural facilities
Daycare facilities
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Educational institutions (public and private)
Emergency services
Fire stations
Government legislative buildings
Hospitals
Libraries
Medical clinics
Museums and art galleries
Nursing homes
Police stations
Post offices
Private non-profit clubs
Public works building
Rectories, manses and staff residences associated with uses permitted in
this Part
8.1.2
General Lot Requirements
In an Institutional (INS) Zone, no development permit shall be issued
except in conformity with the following requirements:
Minimum Lot Area:
929 square meters (10,000 sq.ft.)
Minimum Lot Frontage:
30.5 meters (100 ft.)
Minimum Front Yard:
6.1 meters (20 ft.)
Minimum Rear Yard:
7.6 meters (25 ft.)
Minimum Side Yard: (each side)
3.1 meters (10 ft.)
Maximum Height of Main Building:
10.6 meters (35 ft.)
Part 8.2
Public Open Space OS Zone
8.2.1
OS Permitted Uses
No development permit shall be issued in a Public Open Space (OS) Zone
except for the following uses:
Arenas
Community centres
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Community gardens
Interpretation centres
Parks and playgrounds, including associated facilities
Pavilions and band stands
Recreation facilities and uses
Sports fields
8.2.2
General Lot Requirements
In a Public Open Space OS Zone, no development permit shall be issued
except in conformity with the following requirements:
Minimum Front Yard:
6.1 meters (20 ft.)
Minimum Rear Yard:
7.6 meters (25 ft.)
Minimum Side Yard: (each side)
3.1 meters (10 ft.)
Maximum Height of Main Building:
10.6 meters (35 ft.)
Part 8.3
Wellfield Protection Area Overlay
8.3.1
Wellhead Protection WHP Zone
8.3.1.1
WHP Permitted Uses
No development permit shall be issued in a Public Open Space (OS) Zone
except for the following uses:
Existing Residential and Commercial Uses
Any use relating to the operation of the Digby Water Commission
8.3.2
Wellfield Protection WFP Zone
8.3.2.1
Primary Zone uses Permitted
All uses permitted in all zones to which the Wellfield Protection Overlay
WPO Zone is applied shall be permitted according to the provisions of the
relevant zone unless a use is explicitly prohibited pursuant to Part 8.3.2.
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8.3.2.2
WFP Zone Uses Prohibited
The following uses shall be prohibited where the Wellfield Protection
Overlay WPO Zone is applied at any Primary Zone:
Autobody repair and painting shops
Dry cleaning establishments
Bulk oil and fuel storage
Gas Stations and Automobile Service Stations
Ready mix concrete and asphalt paving plants
Processing or bulk storage of quarries materials
Scrap and salvage yards
Bulk storage of salt