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LAND USE BY-LAW
COLE
HARBOUR/WESTPHAL
THIS COPY IS A
REPRINT OF THE
COLE HARBOUR / WESTPHAL
LAND USE BY-LAW
WITH AMENDMENTS TO
FEBRUARY 2, 2026
LAND USE BY-LAW
FOR
COLE HARBOUR/WESTPHAL
THIS IS TO CERTIFY that this is a true copy of the Land Use
By-law for Cole Harbour/Westphal which was passed by a majority vote
of the former Halifax County Municipality at a duly called meeting held
on the 30th day of November, 1992, and approved by the Minister of
Municipal Affairs on the 3rd day of March, 1993, which includes all
amendments thereto which have been adopted by the Halifax Regional
Municipality and are in effect as of the 2nd day of February, 2026.
GIVEN UNDER THE HAND of the Municipal Clerk and
under the seal of Halifax Regional Municipality this _______ day of
___________________________, 20___.
___________________________
Municipal Clerk
LAND USE BY-LAW FOR
COLE HARBOUR/WESTPHAL - MARCH 1993
A By-law to regulate the use of land use and the erection and use of buildings and structures, and
to regulate the height, bulk, location, size, spacing, character and use of buildings and structures
within the Cole Harbour/Westphal Plan Area within the former Halifax County Municipality in
the Province of Nova Scotia.
The Planning Act, Chapter 9, provides in Section 51(1) that, "Where a planning strategy or an
amendment thereto contains statements of policy in respect to the control of land use and
development, the Council shall concurrently with the adoption of amendment of the planning
strategy, adopt or amend a land use by-law to implement the planning strategy or amendment
thereto."
Furthermore, the Act provides in Section 83(1) that, "Where a Council has adopted a land use by-
law, a municipal development permit shall be required before any development is undertaken.";
and,
according to Section 3(e) of the Act, "development" includes, "any erection, construction,
alteration replacement or relocation of or addition to any structure and any change or alteration in
the use made of land or structure".
Please note that HRM Council at its meeting on May 9, 2000, approved a motion to insert the
following notation in the Land Use By-law as follows:
The provisions of the zones described in this bylaw do not apply to property owned or occupied
by Her Majesty the Queen in right of the Province of Nova Scotia or Canada in respect of a use
of the property made by the Crown. Where a privately owned or occupied property is to be used
for a federally regulated activity, the federal jurisdiction may, depending on the particular
circumstances, override the requirements of this bylaw.
This document has been prepared for convenience only and incorporates amendments made by the
Council of the former Halifax County Municipality on the 30th day of November 1992, and
includes the Ministerial modifications which accompanied the approval of the Minister of
Municipal Affairs on the 3rd of March, 1993. Amendments made after this approval date may not
necessarily be included and for accurate reference, recourse should be made to the original
documents.
Table of Contents
PART 1:
TITLE........................................................................................................................... 1
PART 2:
DEFINITIONS ............................................................................................................. 1
PART 3:
ZONES AND ZONING MAPS ................................................................................. 15
PART 4:
GENERAL PROVISIONS FOR ALL ZONES ......................................................... 20
4.1
DEVELOPMENT PERMITS .......................................................................... 20
4.2
LICENCES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS .. 20
4.3
SEWAGE DISPOSAL AND WATER SYSTEMS......................................... 21
4.4
FRONTAGE ON STREET ............................................................................. 21
4.5
ONE MAIN BUILDING ON A LOT .............................................................. 21
4.6
EXISTING UNDERSIZED LOTS .................................................................. 21
4.7
REDUCED FRONTAGE OR AREA.............................................................. 21
4.8
EXISTING BUILDINGS ................................................................................ 22
4.8A FORMER FOREST HILLS PUD (RC-Jul 5/11;E-Oct 8/11) ....................... 22
4.9
NON-CONFORMING USES.......................................................................... 22
4.10 ACCESSORY USES AND BUILDINGS (CHWEPCBCC-Jul 20/95;E-Aug
10/95) 22
4.10A ACCESSORY HEN USE (RC- Oct 05/21;E-Jan 08/22) ............................ 23
4.11 ACCESSORY BUILDINGS........................................................................... 23
4.11A SHIPPING CONTAINERS (HECC-Jun 6/02;E-Jun 30/02) (Repealed:
RC-Dec 11/25;E-Feb 2/26) ....................................................................................... 24
4.11AB SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26) ..................... 25
4.11B QUONSET HUTS (RC-Nov 8/11;E-Jan 14/12) ...................................... 25
4.11C SECONDARY SUITES AND BACKYARD SUITES (RC-Sep 1/20;E-Nov
7/20) ........................................................................................................................... 25
4.12 TEMPORARY CONSTRUCTION USES PERMITTED (HECC-
Jan20/09;E-Feb 7/09) ............................................................................................... 26
4.13 VEHICLE BODIES ........................................................................................ 27
4.14 RESTORATION TO A SAFE CONDITION ................................................. 28
4.15 BUILDING TO BE MOVED ......................................................................... 28
4.16 HEIGHT REGULATIONS ............................................................................. 28
4.17 WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct
18/14) 28
4.17A COASTAL AREAS (RC-Jun 25/14;E-Oct 18/14) ................................... 29
4.18 REDUCED FRONTAGE ON A CURVE ...................................................... 30
4.19 DAYLIGHTING TRIANGLE ........................................................................ 30
4.20 PERMITTED ENCROACHMENTS .............................................................. 30
4.21 YARD EXCEPTION ...................................................................................... 31
4.22 ILLUMINATION ........................................................................................... 31
4.23 COMMERCIAL MOTOR VEHICLES .......................................................... 31
4.24 RESTRICTIONS ON OUTDOOR STORAGE AND DISPLAY .................. 31
4.25 PARKING REQUIREMENTS ....................................................................... 31
4.26 STANDARDS FOR PARKING LOTS .......................................................... 34
4.27 LOADING SPACE REQUIREMENTS ......................................................... 34
4.27A BICYCLE PARKING FACILITIES (RC-Jun 25/14;E-Oct 18/14) ...... 35
4.27B LOCATION OF BICYCLE PARKING (RC-Jun 25/14;E-Oct 18/14) . 36
4.27C SPECIAL BICYCLE PARKING FACILITY REQUIREMENTS (RC-
Jun 25/14;E-Oct 18/14) ............................................................................................ 37
4.28 ROAD ENTRANCE RESERVES .................................................................. 37
4.29 COMPOSTING OPERATIONS (MC-Feb 26/96;M-Mar 28/96) ............. 37
4.30 SCHEDULE B - AREAS OF ELEVATED ARCHAEOLOGICAL
POTENTIAL (RC-Jun 25/14;E-Oct 18/14) ........................................................... 38
4.31 SCHEDULE C - WETLANDS (RC-Jun 25/14;E-Oct 18/14) ................... 38
4.32 WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14) ................. 38
4.33 PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14) ............. 42
4.34 CANNABIS-RELATED USES (RC-Sep18/18; E-Nov 3/18) .................... 43
4.35 SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23) ......................... 43
4.36 DEVELOPMENT AGREEMENTS FOR ADAPTIVE REUSES IN
RURAL HRM (RC-Dec 11/25;E-Feb 2/26) ........................................................... 43
PART 5:
SIGNS ........................................................................................................................ 44
PART 6:
R-la (SINGLE UNIT DWELLING) ZONE ............................................................... 47
PART 7:
R-l (SINGLE UNIT DWELLING) ZONE ................................................................ 48
PART 8:
R-2 (TWO UNIT DWELLING) ZONE..................................................................... 52
PART 9:
R-3 (MOBILE DWELLING) ZONE ......................................................................... 56
PART 10:
R-4 (MULTIPLE UNIT DWELLING) ZONE ....................................................... 58
PART 11:
R-5 (ROWHOUSE DWELLING) ZONE .............................................................. 60
PART 12:
R-6a (RURAL RESIDENTIAL SINGLE UNIT DWELLING) ZONE ................. 61
PART 13:
R-6 (RURAL RESIDENTIAL) ZONE ................................................................... 63
PART 14:
R-7 (RURAL ESTATE) ZONE .............................................................................. 65
PART 15:
R-8 (SPECIAL AREA) ZONE ............................................................................... 67
Part 15A: MOD (Mixed Opportunity District) Zone .................................................................... 69
PART 16:
C-1 (NEIGHBOURHOOD BUSINESS) ZONE (RC-May 11/99;E-Jun 26/99) .... 83
PART 17:
C-2 (GENERAL BUSINESS) ZONE ..................................................................... 86
PART 17A:
C-3 (SHOPPING CENTRE) ZONE ................................................................... 90
PART 18:
C-4 (HIGHWAY COMMERCIAL) ZONE............................................................ 91
PART 19:
I-l (LIGHT INDUSTRY) ZONE ............................................................................ 95
PART 20:
P-1 (OPEN SPACE) ZONE .................................................................................... 96
PART 21:
P-2 (COMMUNITY FACILITY) ZONE ............................................................... 97
PART 22:
P-3 (PROVINCIAL PARK) ZONE ........................................................................ 99
PART 22A:
RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14) ..................... 101
PART 23:
PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun 25/14;E-Oct 18/14) .. 103
PART 24:
CDD (COMPREHENSIVE DEVELOPMENT DISTRICT) ............................... 104
PART 24A:
CD-1 (C&D MATERIALS TRANSFER STATIONS) ZONE (RC-Sep 10/02;E-
Nov 9/02)
105
PART 24D:
ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE (RC-Jul 2/02;E-Aug
17/02)
108
PART 24E:
UR (URBAN RESERVE) ZONE (RC-Jun 25/14;E-Oct 18/14) ...................... 109
PART 25:
ADMINISTRATION ............................................................................................ 110
APPENDIX A:
NON CONFORMING USES ........................................................................ 112
APPENDIX B:
EXISTING INDUSTRIAL USES ................................................................. 115
APPENDIX C:
EXISTING SALVAGE YARDS................................................................... 116
APPENDIX D:
EXISTING PRIMARY INDUSTRIES ......................................................... 117
APPENDIX E:
P-3 EXISTING USES ................................................................................... 118
APPENDIX F:
LANDS OF THE FORMER A.R. HEMMINGS BUILDING SYSTEMS
LIMITED INDUSTRIAL SITE .................................................................................................. 119
APPENDIX G: Interim Bonus Zoning Requirements for Applicable Plan Amendment
Applications (RC-Mar 21/23; R-Apr 19/23) ........................................................................... 120
Schedule A-1: Wind Energy Zoning (RC-Feb 15/22; E-Apr 9/22) (Special
Area Task Force-Jan 26/23;E-Feb 3/23) (RC-Mar 18/25; EFF Apr 23/25) ...... 128
Schedule B: Areas of Elevated Archaeological Potential (RC-Jun 25/14;E-Oct
18/14) (Special Area Task Force-Jan 26/23;E-Feb 3/23) (RC-Mar 18/25; EFF
Apr 23/25)
129
Schedule C: Wetlands (RC-Jun 25/14;E-Oct 18/14) (Special Area Task Force-Jan
26/23;E-Feb 3/23) (RC-Mar 18/25; EFF Apr 23/25) ............................................... 130
Schedule D:
Mixed Form Residential Development in the C-4 (Highway Commercial) Zone
(RC-Oct 7/14;E-Nov 8/14) ......................................................................................................... 131
SCHEDULE E: SUB AREAS OF MOD (MIXED OPPORTUNITY DISTRICT) ZONE..... 132
SCHEDULE F: LANDS SUBJECT TO BONUS ZONING REQUIREMENTS (RC-MAR
21/23;E-APR 19/23) (RC-Mar 18/25; EFF Apr 23/25) .......................................................... 133
SCHEDULE A: Cole Harbour/Westphal Zoning Map (RC-Sep 22/20;E-Nov 14/20) (RC-
Feb15/22;E-Apr9/22) ......................................................Separate Map
Cole Harbour/Westphal Land Use By-law
Page 1
PART 1:
TITLE
This By-law shall be cited as the "Land Use By-law for Cole Harbour/Westphal" within Halifax
County Municipality.
PART 2:
DEFINITIONS
In this By-law the word "shall" is mandatory and not permissive. Words used in the present tense
shall include the future; words used in the singular number shall include the plural and words used
in the plural number shall include the singular. The word "used" shall include "intended to be
used", "arranged" and "designed". All other words shall carry their customary meaning except for
those defined hereinafter:
2.1
ACCESSORY BUILDING OR STRUCTURE means a building or structure which is
used exclusively for an accessory use and which is not attached in any way to the main
building and which conforms with all applicable requirements of this by-law.
(CHWEPCBCC-Jul 20/95;E-Aug 10/95)
2.1A ACCESSORY HEN USE means the keeping of hens as an accessory use to a permitted
residential use for the purposes of personal or household food supply, and not
commercial purposes. For the purposes of this by-law, an accessory hen use is not an
agricultural use (RC- Oct 05/21;E-Jan 08/22).
2.2
ACCESSORY USE means a use which is subordinate, normally incidental, and
exclusively devoted to a main use or building permitted under the provisions of this
by-law and, where residential uses are permitted by this by-law, shall include home
occupations related to the domestic arts of cooking, sewing, tutoring or repairing
household articles, or related to traditional crafts carried on within a dwelling without
alteration to the dwelling and without devoting any space within the dwelling
exclusively to such occupations. (CHWEPCBCC-Jul 20/95;E-Aug 10/95)
2.3
ADULT ENTERTAINMENT USE means any premises or part thereof in which is
provided services appealing to or designed to appeal to erotic or sexual appetites or
inclinations but shall exclude massage parlours.
(a)
When used in relation to adult entertainment use, the following shall apply:
(i)
"To Provide" when used in relation to services includes to furnish, perform,
solicit, or give such services and "providing" and "provision" have
corresponding meanings;
(ii)
"Services" include activities, facilities, performances, exhibitions, viewing
and encounters;
(iii)
"Services designed to appeal to erotic or sexual appetites or inclination"
includes,
1.
Services of which a principal feature or characteristic is the nudity
or partial nudity of any person. For the purposes of this clause
"partial nudity" shall mean less than completely and opaquely
covered:
Cole Harbour/Westphal Land Use By-law
Page 2
(a)
human genitals or human pubic region;
(b)
human buttocks; or
(c)
female breast below a point immediately above the top of the
areola.
2.
services in respect of which the word "nude", "naked", "topless",
"bottomless", "sexy", or any other word or any picture, symbol or
representation having like meaning or implication is used in any
advertisement.
2.4
AGRICULTURAL USE means the use of land and buildings for the production of food,
fibre or flora or the breeding and handling of animals and includes retail or market outlets
for the sale of perishable agricultural goods or for the handling of animals except, for the
purpose of this By-law, such shall not include a kennel.
2.5
ALTERATION means any change in the structural component or any increase in the
volume of a building or structure.
2.6
AMENITY AREA means an area of land set aside for purposes of visual improvement or
relaxation except where an amenity area is required for any multiple unit dwelling, in which
case the area may also include that portion of the building which is devoted to relaxation
such as games rooms and balconies.
(a)
Common Amenity Area means an amenity area for the common use and
enjoyment of all occupants of a building or development. (RC-May 4/21; E-
June 05/21)
(b)
Private Amenity Area means an amenity area for the enjoyment of occupants
of an individual dwelling unit. (RC-May 4/21; E-June 05/21)
2.7
ATTACHED BUILDING means a building otherwise complete in itself, which depends
for structural support, or complete enclosure upon a division wall or walls shared in
common with an adjacent building or buildings.
2.8A AUTOMOTIVE REPAIR USE (MAJOR) means a building or part of a building used
for major repairs of motor vehicles including paint and body repair, transmission
repair and replacement, engine repair and replacement, and other customizing
activities directly related to the repair or alteration of motor vehicles where a motor
vehicle is generally required to remain at the repair facility for one or more days and
may be stored outdoors, but shall not include the manufacturing or fabrication of
motor vehicle parts for the purpose of sale nor the retailing of gasoline or other fuels.
(RC-May 11/99;E-Jun 26/99)
2.8B AUTOMOTIVE REPAIR USE (MINOR) means a building or part of a building used
for minor repairs of motor vehicles including muffler, brake, tire and glass
replacement, wheel alignment, and other activities directly related to the minor repair
or alteration of motor vehicles where a motor vehicle is generally required to remain
at the repair facility for less than one day, but shall not include the manufacturing or
fabrication of motor vehicle parts for the purpose of sale nor the retailing of gasoline
or other fuels nor any automotive repair use considered to be major. (RC-May
11/99;E-Jun 26/99)
Cole Harbour/Westphal Land Use By-law
Page 3
2.8C BICYCLE PARKING, CLASS A means a facility which secures the entire bicycle and
protects it from inclement weather, and includes any key secured areas such as
lockers, bicycle rooms, and bicycle cages. (RC-Jun 25/14;E-Oct 18/14)
2.8D BICYCLE PARKING, CLASS B means bicycle racks (including wall mounted
varieties) which permit the locking of a bicycle by the frame and the front wheel and
support the bicycle in a stable position with two points of contact. (RC-Jun 25/14;E-
Oct 18/14)
2.8E BICYCLE PARKING, ENHANCED means any of the following: bicycle parking in
excess of the required minimums in terms of quantity or class; the provision of
sheltered bicycle parking; the provision of showers (at the rate of one for every six
bicycle spaces); and clothes lockers (at the rate of one for every bicycle space). (RC-
Jun 25/14;E-Oct 18/14)
2.9
BOARDING OR ROOMING HOUSE (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.10
BUILDING means any structure whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals, materials or equipment and
includes any vessel (Deletion: HECC-Jun 6/02;E-Jun 30/02) or shipping container
(RC-Dec 11/25;E-Feb 2/26) used for any of the foregoing purposes.
2.10A CANADIAN GEODETIC VERTICAL DATUM (CGVD28) means the vertical datum
for Canada officially adopted by an Order in Council in 1935. CGVD28 is a tidal
datum defined by the mean water level at five tide gauges: Yarmouth and Halifax on
the Atlantic Ocean, Pointe-au-Père on the St-Lawrence River, and Vancouver and
Prince-Rupert on the Pacific Ocean. In addition, the definition includes an elevation
at a benchmark in Rouses Point, NY (next to Lake Champlain) accepted as fixed by
the US and Canada in 1925. The datum is propagated in land using geodetic levelling
measurements. The vertical datum is accessible through benchmarks anchored to the
ground and stable structures. The heights in terms of CGVD28 are in normal-
orthometric system. (RC-Jun 25/14;E-Oct 18/14)
2.10B CANNABIS LOUNGE means premises where the primary purpose of the facility is
the consumption of cannabis, cannabis products or any of its derivatives such as oils
or edible products. A cannabis lounge may or may not include cannabis retail sales.
(RC-Sep18/18; E-Nov 3/18)
2.10C CANNABIS PRODUCTION FACILITY means premises used or occupied by a
person or organization licensed by the Government of Canada for the production of
cannabis or cannabis products,
(a)
including
(i)
where cannabis or any of its derivatives, such as resin or oils, is grown,
cultivated, harvested, manufactured, processed, packaged, or labelled,
and
(ii)
associated activities permitted by the federal license, such as research
and development, storage, and destruction, and
Cole Harbour/Westphal Land Use By-law
Page 4
(b)
excluding
(i)
industrial hemp, and
(ii)
premises used for personal production permitted by federal legislation.
2.10D CANNABIS RETAIL SALES means premises used for the retail sale of cannabis,
cannabis products or any of its derivatives, such as oils or edible products, to the
general public.
2.11
COMMERCIAL VEHICLE means any vehicle which is licensed as a commercial carrier
as determined by the Registrar of Motor Vehicles and with a registered vehicle weight of
three (3) tons (2.7 tonnes) or over.
2.11AA CONSERVATION USE means any activity carried out for the purpose of
conserving soils, water, vegetation, fish, shellfish, including wildlife sanctuaries
and similar uses to the foregoing. (RC-Jun 25/14;E-Oct 18/14)
2.12
COMMERCIAL RECREATION USE means a building or lot or part of a building or lot
used solely for commercial recreation, sport or entertainment purposes and without limiting
the generality of the foregoing, may include such establishments as dance halls, harness or
vehicle racing tracks, rifle ranges, marinas, bowling alleys, miniature golf courses, bingo
halls, roller skating rinks and drive-in theatres, and may include a dwelling unit or dwelling
units for maintenance or security personnel.
2.13
COMMUNITY COUNCIL means the Community Council of Cole Harbour/Westphal as
established under the Halifax County Charter.
2.13A COMPOSTING OPERATION means a public or private solid waste management
facility where the waste is processed using composting technology which may include
physical turning, windrowing, in-vessel, static pile aeration or other mechanical
handling of organic matter and where the annual production of compost material
exceeds 60 cubic metres. (MC-Feb 26/96;M-Mar 28/96)
2.13B CONSTRUCTION AND DEMOLITION MATERIALS, hereinafter referred to as
C&D Materials, means materials which are normally used in the construction of
buildings, structures, roadways, walls and landscaping features, and includes, but is
not limited to, soil, asphalt, brick, concrete, ceramics, porcelain, window glass,
mortar, drywall, plaster, cellulose, fiberglass fibres, lumber, wood, asphalt shingles
and metals. (RC-Sep 10/92;E-Nov 9/02)
2.13C CONSTRUCTION
AND
DEMOLITION
MATERIALS
DISPOSAL
SITE,
hereinafter referred to as a C&D Disposal Site, means land and /or buildings or part
of a building where C&D Materials, or Residue remaining from C&D Processing
Facilities, are disposed of by land application or burying, and shall not include the use
of inert C&D materials, approved by Provincial Department of the Environment and
Labour, for site rehabilitation within gravel pits and quarry operations licensed by
the Province of Nova Scotia. (RC-Sep 10/92;E-Nov 9/02)
2.13D CONSTRUCTION AND DEMOLITION MATERIALS PROCESSING FACILITY,
hereinafter referred to as a C&D Processing Facility, means lands and/or buildings
Cole Harbour/Westphal Land Use By-law
Page 5
or part of a building used to sort, alter, grind, or otherwise process, C&D Materials
for reuse or recycling into new products, and shall not include a Used Building
Material Retail Outlet, an operation that processes inert C&D Materials on the site of
generation and the material processed does not leave the site except for inert C&D
Materials described in Sub-Section 9(3) of HRM C&D License By-law (L-200 and L-
201), de-construction of a building on site, a municipal processing facility for used
asphalt and concrete, or facilities associated with reclamation of a gravel pit or quarry
operations licensed by the Province of Nova Scotia or forestry manufacturing
processes. (RC-Sep 10/02;E-Nov 9/02)
2.13E CONSTRUCTION AND DEMOLITION MATERIALS TRANSFER STATION,
hereinafter referred to as a Transfer Station, means land and/or buildings or part of
a building at which C&D Materials are received and sorted for subsequent transport
to a C&D Disposal Site or a C&D Processing Facility. (RC-Sep 10/02, E-Nov 9/02)
2.14
DAYLIGHTING TRIANGLE means the triangular shaped land which is that part of and
within a corner lot, adjacent to the intersection of the front lot line and the flankage lot line,
and which is measured, from such intersection and along each street line the distance
required by this By-law and, along a straight line joining the points of the required distance
along each street line. In the case of a through lot, a daylighting triangle shall also be
adjacent to the intersection of the rear lot line and the flankage lot line and shall be measured
from such intersection the distance required by this By-law and along a straight line joining
the points of such distance.
2.15
DAY CARE FACILITY means a building, part of a building or other place, whether
known as a day nursery, nursery school, kindergarten, play school or by any other
name, with or without stated educational purpose, the operator of which for
compensation or otherwise, receives for temporary care or custody, on a daily or
hourly basis, during all or part of the day, apart from parents, more than three (3)
children not of common parentage and up to and including twelve (12) years of age;
but does not include a nursery school or kindergarten conducted as part of a school,
college, academy or other educational institution where instruction is given in Grades
Primary to VII. (HECC-Mar 3/09;E-Mar 21/09)
2.16
DEVELOPMENT OFFICER means the officer of Halifax County Municipality.
2.17
DWELLING
(a)
Dwelling means a building or part of a building, occupied or capable of being
occupied as a home or residence by one or more persons, and containing one or
more dwelling units but shall not include a hotel, a motel, apartment hotel or hostel.
(b)
Dwelling Unit means one (1) or more habitable rooms designed, occupied or
intended for use by one or more persons as an independent and separate
housekeeping establishment in which a kitchen, sleeping and sanitary facilities are
provided for the exclusive use of such persons.
(c)
Dwelling, Single Unit means a building which is a completely detached dwelling
unit and includes a mobile dwelling (RC-Oct 11/22;E-Nov 16/22).
(d)
Dwelling, Mobile means a detached dwelling designed for transportation after
fabrication, whether on its own wheels or on a flatbed or other trailer and at the site
Cole Harbour/Westphal Land Use By-law
Page 6
where it is to be occupied as a dwelling complete and ready for occupancy, except
for minor and incidental unpacking and assembling, and the foregoing shall include
mobile homes and modular dwellings having any main walls with a width of less
than twenty (20) feet (6.1 m).
(e)
Dwelling, Two Unit means a building containing two (2) dwelling units.
(f)
Dwelling, Multiple Unit means a building containing three (3) or more dwelling
units.
(g)
Dwelling, Rowhouse or Townhouse means a building that is divided vertically into
three (3) or more dwelling units, each of which is located on a separate lot and each
of which has independent entrances to a front and rear yard immediately abutting
the front and rear walls of the unit.
(h)
Dwelling, Semi-detached means a building that is divided vertically into two (2)
dwelling units by means of an above-grade common wall of at least eight (8) feet
(2.4 m) in height which constitutes at least fifty (50) percent of the horizontal axis
between the two units.
2.18
ENTERTAINMENT USE means any building or part of a building which is used for
commercial entertainment, amusement or relaxation and, without limiting the generality of
the foregoing includes a tavern, licensed beverage room, an arcade or amusement centre, a
pool or billiard hall, and an adult entertainment use, but does not include a massage parlour
and a cabaret.
2.19
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 and structurally altering
any existing building or structure by an addition, deletion, enlargement or extension.
2.20
ESTABLISHED GRADE means with reference to a building, the average elevation of the
finished surface 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 or entrenchment and when used with reference to a street, road or highway
means the elevation of the street, road or highway established by the Municipality or other
designated authority.
2.21
EXTRACTIVE FACILITIES means all buildings, aggregate plants, material storage areas
and weigh scales associated with extractive uses but does not include structures or storage
areas which are fundamental to the activities of mining or extraction.
2.22
EXISTING means in existence on the effective date of this By-law.
2.22A FLAG LOT means a lot with a configuration that resembles a fully outstretched flag
at the top of a flag pole and where the "pole" portion of the lot contains the required
lot frontage and lot access route. (HECC-Aug 3/06;E-Aug 05/06)
2.23
FORESTRY USE means commercial silviculture and the production of timber or pulp and
any uses associated with a forestry use, including sawmills, vehicle and equipment storage
and maintenance buildings and yards and retail and wholesale outlets for wood and wood
products.
Cole Harbour/Westphal Land Use By-law
Page 7
2.24
GOLF COURSE means a public or private area operated for the purpose of playing golf
and related activities including a club house, and administration buildings. The foregoing
is specifically limited by excluding permanent residential accommodation of any type
except a dwelling unit or dwelling units provided for maintenance or security personnel.
2.25
GROSS FLOOR AREA means the aggregate of the floor areas of a building above and
below grade, measured between the exterior faces of the exterior walls of the building at
each floor level 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.
2.26
HEIGHT means the vertical distance of a building between the established grade and
the highest peak of the roof surface. In the case of multi-units, height shall mean the
vertical distance of a building between the established grade and the highest point of
the roof surface for flat roofs, and to one-quarter(1/4) the height between the finished
ceiling of the uppermost floor and the highest point of any other roof type, and
provided that no roof space be used for human habitation. (HECC-Jul 12/01;E-Aug
5/01)
2.26A HEN means adult female chicken. For the purposes of this by-law hens associated
with an accessory hen use are not livestock (RC- Oct 05/21; E-Jan 08/22).
2.27
HOME BUSINESS means the use of a dwelling for gainful employment involving the
provision or sale of goods or services or both goods and services and without limiting the
generality of the foregoing does not include restaurants, take-outs, convenience stores, the
keeping of animals, taxi stands, or any use deemed to be obnoxious.
2.27A HOME OFFICE means an occupation or business activity operated from within a
permitted dwelling that does not require direct contact with clients or customers on
the premises. (CHWEPCBCC-Mar 7/96;E-Mar 31/96)
2.28
INSTITUTIONAL USE means any use listed as an Institutional Use within the P-2
(Community Facility) Zone.
2.29
KENNEL means a building or structure used for the enclosure of more than two (2) dogs
which are kept for the purposes of commercial breeding or showing or for commercial
boarding with or without veterinary care.
2.30
LIVESTOCK means horses, cows, pigs, sheep, goats and fowl, whether or not they are kept
for commercial purposes.
2.31
LOADING SPACE means an area of land provided and maintained upon the same lot or
lots upon which the main use is located and which has adequate access to permit ingress
and egress by means of driveways, aisles or manoeuvring areas and which is used for the
temporary parking of a commercial motor vehicle while merchandise or materials are being
loaded or unloaded from the vehicles.
Cole Harbour/Westphal Land Use By-law
Page 8
2.32
LOT
(a)
Corner Lot means a lot situated at the intersection of, and abutting on, two (2) or
more streets.
(b)
Through Lot means a lot bounded on two opposite sides by streets or highways
provided, however, that if any lot qualifies as being both a corner lot and a through
lot as herein before defined, such lot shall be deemed to be a corner lot for the
purpose of this By-law.
2.33
LOT AREA means the total horizontal area within the lot lines of a lot.
2.34
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.
2.35
LOT FRONTAGE means the horizontal distance between the side lot lines as measured
along the front lot line. In the case of a corner lot with a daylighting triangle the front and
flankage lot lines shall be deemed to extend to their hypothetical point of intersection for
the purpose of calculating the frontage.
2.36
LOT LINE
(a)
Lot Line means a boundary or exterior line of a lot.
(b)
Front Lot Line means the line dividing the lot from the street or from the unlisted
travelled way; and
(i)
in the case of a corner lot - the shorter boundary line abutting the street shall
be deemed to be the front lot line and the longer boundary line abutting the
street shall be deemed to be the flankage lot line; and where such lot lines
are of equal length, the front lot line shall be either of the lot lines and the
other lot line shall be the flankage lot line; boundaries dividing the lot from
a street shall be deemed to be the front lot line; or
(ii)
in the case of a lot which has as one of its boundaries the shore line of a lake
or the bank of a river, the lot line facing the access road shall be deemed to
be the front lot line.
(c)
Rear Lot Line means the lot line farthest from or opposite to the front lot line.
(d)
Side Lot Line means a lot line other than a front or rear lot line.
(e)
Flankage Lot Line means a side lot line which abuts the street on a corner lot.
2.37
LRIS means the Land Registration and Information Service whose property identification
numbering system is used in Appendices "B", "C", "D" and "E" and Sections 3.6, 4.5, 8.6
and 18.8 of this By-law to identify particular land parcels. The LRIS is an agency of the
Council of Maritime Premiers established on the authority of Order in Council of the
Provinces of Nova Scotia, New Brunswick and Prince Edward Island under the Council of
Maritime Premiers Act in order to produce comprehensive property and ownership
mapping for the provinces.
2.38
MAIN BUILDING means the building in which is carried on the principal purpose or
purposes for which the building lot is used.
Cole Harbour/Westphal Land Use By-law
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2.39
MAIN WALL means the exterior front, side or rear wall of a building and all structural
members essential to the support of a full or partially enclosed space or roof.
2.40
MAXIMUM LOT COVERAGE means that percentage of the lot area covered by all
buildings above ground level, and shall not 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.
2.41
MEDICAL CLINIC means a building or part of a building where two (2) or more
practitioners provide human health services without overnight accommodation for patients.
2.41A MEZZANINE means an intermediate floor assembly between the floor and ceiling of
a room or storey, and includes an interior balcony. For the purpose of height
calculation, a storey with a mezzanine counts as two full storeys. (RC-Dec 11/25;E-
Feb 2/26)
2.42
MINIMUM WIDTH means the minimum width or length required by this By-law of any
main wall.
2.43
MUNICIPALITY means Halifax County Municipality.
2.44
OBNOXIOUS USE means a use which, from its nature or operation creates a nuisance or
is offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes,
dust, oil or objectionable odour, or by reason of the unsightly storage of goods, wares,
merchandise, salvage, refuse matter, waste or other materials.
2.45
OFFICE means a room or rooms where business may be transacted, a service performed or
consultation given but shall not include the manufacturing of any product or the retail
selling of goods.
2.46
OPEN SPACE USE means any use listed as an Open Space Use in the P-2 (Community
Facility) Zone.
2.47
OUTDOOR DISPLAY COURT means an area of land where goods are displayed which
are, or which are similar to other goods which are, available for sale to the general public
from a retail outlet located on the same lot or on another lot. Without limiting the generality
of the foregoing, outdoor display includes the display of cars, trucks, vans, motor homes,
trailers, boats, snowmobiles, motorcycles, swimming pools, decorative fountains and
prefabricated cottages and homes.
2.48
OUTDOOR STORAGE means the storage of merchandise, goods, inventory, materials or
equipment or other items which are not intended for immediate sale, by locating them on a
lot exterior to a building.
2.49
PARKING LOT means a building or structure or part of a building or structure or an open
area containing parking spaces, other than a street, for two (2) 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
Cole Harbour/Westphal Land Use By-law
Page 10
highway by means of driveways, aisles or manoeuvring areas where no parking or storage
of motor vehicles is permitted.
2.50
PARKING SPACE means an area of not less than one hundred and sixty (160) square feet
(14.9 m2), measuring eight (8) feet (2.4 m) by twenty (20) feet (6.1 m), for the temporary
parking or storage of motor vehicles, and which has adequate access to permit ingress and
egress of a motor vehicle to and from a street or highway by means of driveways, aisles or
manoeuvring areas.
2.51
PERSON includes an individual, association, firm, partnership, corporation, trust,
incorporated company, organization, trustee or agent, and the heirs, executors or other legal
representatives of a person to whom the context can apply according to law.
2.52
PERSONAL SERVICE SHOP means a building or part of a building in which persons are
employed in furnishing direct services and otherwise directly 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 parlors, automatic
laundry shops, hairdressing shops, shoe repair and shoe shining, and tailoring, laundry and
drycleaning collection depots and shops, but excludes the manufacturing or fabrication of
goods for retail or wholesale distribution.
2.52A PRIVATE SHARED DRIVEWAY means a travelled way, located on private
property and designed for vehicular travel, that leads from a public street to more
than one main building or use. (RC-May 4/21; E-June 05/21)
2.53
PUBLIC PARK means a park owned or controlled by a public authority or by any board,
commission or other authority established under any statute of the Province of Nova Scotia.
2.53
A Quonset Hut means a building with a wall that is not vertical, with a roof that meets
the foundation, or with a wall that is fluted or corrugated. (RC-Nov 8/11; E-Jan 14/12)
2.54 RECREATION USE means the use of land, buildings or structures for active or
passive recreational purposes and may include indoor recreation facilities, sports
fields, sports courts, playgrounds, multi-use trails, picnic areas, scenic view points and
similar uses to the foregoing, together with the necessary accessory buildings and
structures, but does not include commercial recreation uses. (RC-Jun 25/14;E-Oct
18/14)
2.55
RECYCLING DEPOT means a building which is used for the deposit, collection and
handling of waste paper, rags, tires, bottles or other materials (excluding construction
and demolition materials or hazardous materials) which are to be delivered wholesale
to other operations for reclamation, processing or salvage, but shall not include any
such salvage or processing on the same lot or within any building used as a re-cycling
depot. (RC-Sep 10/02;E-Nov 9/02)
2.56
RESIDENTIAL CARE FACILITY (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.57
RESTAURANT - FULL SERVICE means a building or part of a building wherein food is
prepared and offered for sale to the public primarily for consumption within the building
Cole Harbour/Westphal Land Use By-law
Page 11
and may include a take-out area which does not exceed ten (10) percent of the gross floor
area of the full service restaurant. A full service restaurant is characterized by the provision
of table service, including buffet service and may also be licensed to serve alcoholic
beverages.
2.58
RESTAURANT - DRIVE-IN means a building or part of a building wherein food is
prepared and offered for sale to the public for consumption within or outside the building.
A drive-in restaurant is characterized by the provision of take-out services at a counter or
from a drive through car pick up window. It does not provide the service of delivering to
or waiting on tables nor is it licensed to sell alcoholic beverages.
2.59
RESTAURANT - TAKE-OUT means a building or part of a building wherein food is
prepared and offered for sale to the public primarily for off-premises consumption and may
include a seating area which does not exceed twenty five (25) percent of the gross floor
area of the take-out restaurant. A take-out restaurant does not provide the service of delivery
to or waiting on tables nor is it licensed to sell alcoholic beverages. Take-out restaurants,
however, may provide a home delivery service.
2.60
RETAIL GASOLINE OUTLET means a building or a part of a building or a clearly defined
space on a lot used for the retail sale of lubricating oils and gasolines for motorized vehicles,
and may include washing establishments, but shall not include the repair of motorized
vehicles.
2.61
RETAIL STORE means a building or part of a building in which goods, wares,
merchandise, substances, articles or things are offered for sale directly to the public at retail
value.
2.62
ROAD ENTRANCE RESERVE means the frontage which provides access to a public
street or highway or private road from an area of land consisting of a minimum of five (5)
acres, and which entrance has been approved by the Department of Transportation and
Communications for the purposes of a public or private road entrance reserve.
2.63
SALVAGE YARD means a lot or premises for the storage, handling or processing of
and sale of scrap material, and without limiting the generality of the foregoing, shall
include waste paper, rags, bones, used bicycles, vehicles, tires, metal or other scrap
material or salvage but excluding construction and demolition materials and
hazardous waste material storage or disposal sites. (RC-Sep 10/02;E-Nov 9/02)
2.64
SERVICE INDUSTRY means a building or part of a building in which the primary function
is to provide services such as maintenance or limited processing, and which may include,
as a minor or accessory function, the provision of supplies, merchandise or wares directly
related to the services provided, and without limiting the generality of the foregoing, may
include a public garage including an engine and body repair shop, a printing establishment,
a laundry or cleaning establishment, a wholesale bakery, a paint shop, plumbing shop, sheet
metal shop, a truck depot and similar uses.
2.65
SERVICE SHOP means a building or part of a building used for the sale and 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.
Cole Harbour/Westphal Land Use By-law
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2.66
SERVICE STATION means a building or part of a building or a clearly defined space on
a lot used for the retail sale of lubricating oils and gasolines and may include the sale of
automobile accessories and the servicing and general repairing of motorized vehicles and
may include washing establishments.
2.66A SHARED HOUSING USE means a use that contains 4 or more bedrooms, that meets
one or more of the following:
(i)
that are rented for remuneration as separate rooms for residential
accommodation; or
(ii)
that are operated by a non-profit organization or a registered Canadian
charitable organization that provides support services to the occupants of the
shared housing use,
and includes Shared Housing with Special Care but does not include short-term
rental, hotel, motel, or tourist accommodation as defined in the Tourist
Accommodation Regulation Act.
(RC-Aug 9/22;E-Sep 15/22)
2.66B SHARED HOUSING WITH SPECIAL CARE means a type of Shared Housing Use
that is designed to provide a level of care to residents with cognitive, physical or
behavioural limitations, and for greater certainty, shared housing with special care
may include individual dwelling units for occupants, and must meet the definition of
Shared Housing Use. (RC-Aug 9/22;E-Sep 15/22)
2.66C SHIPPING CONTAINER means a container originally designed for use as a means
of storing and transporting cargo via ship, rail or truck. (HECC-Jun 6/02;E-Jun
30/02)
2.66D Short-term Bedroom Rental means a short-term rental where individual bedrooms
within a dwelling unit are rented to separate parties or groups with or without meals.
(RC-Feb 21/23;E-Sep 1/23)
2.66E SHORT-TERM RENTAL means a dwelling unit, or part thereof, that is used mainly
for the reception of the traveling or vacationing public and is provided as temporary
accommodation for compensation for a period of 28 days or less. (RC-Feb 21/23;E-
Sep 1/23)
2.67
SIGN means any structure, device, light, painting or other representation or natural
object which is used to identify, advertise or attract attention to any object, place,
activity, person, institution, organization, firm, group, commodity, profession,
enterprise, industry or business, or which display or include any letter, work, model,
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, except any "sign" regulated under HRM By-law S-800 and signs which
are affixed to the inside of a window or glass door.
(a)
Ground Sign means a sign supported by one (1) or more uprights, poles or
braces, placed in or upon the ground.
Cole Harbour/Westphal Land Use By-law
Page 13
(b)
Projecting Sign means a sign which projects from and is supported by, or
which extends beyond, a wall or the roof of a building. (RC-Sep 26/06;E-Nov
18/06)
2.67A STOREY means the portion of a building that is situated between the top of a floor
and the top of the floor next above it, including a mezzanine, and if there is no floor
above it, the portion between the top of the floor and the ceiling above it, and
(a)
for the purpose of calculating the streetwall height, a portion of a building that
is partly below the streetline grade is not deemed to be a storey unless its ceiling
is a minimum of 2.0 metres above the streetline grade; and
(b)
for a purpose other than calculating the streetwall height, a portion of a
building that is partly below the average finished grade is not deemed to be a
storey unless its ceiling is a minimum of 2.0 metres above the average finished
grade.
(RC-Dec 11/25;E-Feb 2/26)
2.68
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 Halifax County Municipality.
2.69
STREET LINE means the boundary line of a street.
2.70
STRUCTURE means anything that is erected, built or constructed of parts joined together
or any such erection fixed to or supported by the soil or by any other structure, and includes
buildings, walls signs, and fences exceeding six (6) feet (1.8 m) in height.
2.70.5 SUITE
(a)
Suite, Backyard means a self-contained subordinate dwelling unit that is
located within an accessory building or structure.
(b)
Suite, Secondary means a self-contained subordinate dwelling unit that is
located within a residential main building.
2.70.7 URBAN SERVICE AREA means the Urban Service Area under Schedule B of the
Regional Subdivision By-law. (RC-May 23/24;E-Jun 13/24)
2.70A USED BUILDING MATERIAL RETAIL OUTLET means land and/or buildings or
part of a building where C&D Materials are sorted and available for resale with
incidental and minimal alteration of the materials and where activity primarily occurs
inside a building. (RC-Sep 10/02;E-Nov 9/02)
2.70AA WATERCOURSE means a lake, river, stream, ocean or other natural body
of water. (RC-Jun 25/14;E-Oct 18/14)
2.70AB WATER CONTROL STRUCTURE means any device or infrastructure designed
by a qualified professional to control or manage the flow, volume, direction, or
quality of stormwater to mitigate downstream impacts. It may include, and is not
limited to, stormwater ponds, rain gardens, engineered wetlands, quality control
Cole Harbour/Westphal Land Use By-law
Page 14
devices, flow splitters, dispersion beds, energy dissipation, baffles, pipes,
inlet/outlet structures, weirs and/or check dams. (RC-Jun 25/14;E-Oct 18/14)
2.71
YARD means an open, uncovered space on a lot appurtenant to a building, except a court
bounded on two or more sides by buildings. In determining yard measurements, the
minimum horizontal distance from the respective lot lines shall be used.
(a)
Front Yard means a yard extending across the full width of a lot and between the
front lot line and the nearest wall of any main building or structure on the lot; and
"required front yard" or "minimum front yard" means the minimum depth required
by this By-law of a front yard on a lot between the front lot line and the nearest
main wall of any building or structure on the lot.
(b)
Rear Yard means a yard extending across the full width of a lot and between the
rear lot line and the nearest wall of any main building or structure on the lot; and
"required rear yard" or "minimum rear yard" means the minimum depth required by
this By-law of a rear yard on a lot between a rear lot line and the nearest main wall
of any building or structure on the lot.
(c)
Side Yard means a yard extending between the front yard and the rear yard and
between a side lot line and the nearest main wall of any building on the lot; and
"required side yard" or "minimum side yard" means the minimum breadth required
by this By-law of a side yard on a lot between a side yard line and the nearest main
wall of any building or structure on the lot.
(d)
Flankage Yard means the side yard of a corner lot, which side yard abuts a street,
and "required flankage yard" or "minimum flankage yard" means the minimum side
yard required by this By-law where such yard abuts a street.
Cole Harbour/Westphal Land Use By-law
Page 15
PART 3:
ZONES AND ZONING MAPS
3.1
ZONES
For the purpose of this By-law, the Cole Harbour/Westphal area is divided into the
following zones, the boundaries of which are shown on the attached zoning schedule. Such
zones may be referred to by the appropriate symbols:
Symbol
Zone
Residential Zones
R-la
Single Unit Dwelling Zone
R-1
Single Unit Dwelling Zone
R-2
Two Unit Dwelling Zone
R-3
Mobile Dwelling Zone
R-4
Multi-unit Dwelling Zone
R-5
Rowhouse Dwelling Zone
R-6a
Rural Residential Single Unit
Dwelling Zone
R-6
Rural Residential Zone
R-7
Rural Estate Zone
R-8
Special Area Zone FOR
CONVENIENCE ONLY
MOD
Mixed Opportunity District
Zone (RC-May 4/21; E-
June 5/21)
CDD
Comprehensive Development
District
Neighbourhood Zones
C-1
Local Business Zone
(RC-May 11/99;E-Jun 26/99)
C-2
General Business Zone
C-4
Highway Commercial Zone
Industrial Zones
I-1
Light Industry Zone
Construction & Demolition
(C&D) Zone
CD-1
C&D Materials Transfer
Stations Zone (RC-Sep
10/02;E-Nov 9/02)
Infrastructure Charge Zone
ICH
Infrastructure Charge
Holding Zone (RC-July
2/02;E-Aug 17/02)
Community Uses Zones
P-1
Open Space Zone
P-2
Community Facility Zone
P-3
Provincial Park Zone
P-4
(Deleted: RC-Jun 27/06;E-
Aug 26/06)
RPK
Regional Park Zone
Cole Harbour/Westphal Land Use By-law
Page 16
(RC-Jun 25/14;E-Oct 18/14)
PWS
Protected Water Supply
Zone (RC-Jun 25/14;E-Oct
18/14)
Urban Reserve
UR
Urban Reserve Zone
(RC-Jun 25/14;E-Oct 18/14)
3.2
ZONING MAPS
(a)
Schedule A attached hereto, may be cited as the "Cole Harbour/Westphal Zoning
Map" and is hereby declared to form part of this By-law.
(b)
The extent and boundaries of all zones are shown on Schedule A for all such zones
the provisions of this By-law shall respectively apply.
(c)
The symbols used on Schedule A refer to the appropriate zones established by
Section 3.1 above.
3.3
INTERPRETATION OF ZONING BOUNDARIES
(a)
where a zone boundary is indicated as following a street or highway, the boundary
shall be the centre line of such street or highway;
(b)
where a zone boundary is indicated as approximately following lot lines, the
boundary shall follow such lot lines;
(c)
where a street, highway, railroad or railway right-of-way, electrical transmission
line right-of-way or watercourse is included on the zoning map, it shall, unless
otherwise indicated be included in the zone of the adjoining property on either side
thereof; and
(d)
where a railroad or railway right-of-way, electrical transmission line right-of-way
or watercourse is included on the zoning maps and serves as a boundary between
two or more different zones, a line midway on such right-of-way or watercourse
and extending in the general direction of the long division thereof shall be
considered the boundary between zones unless specifically indicated otherwise; or
(e)
where none of the above provisions apply, and where appropriate, the zone
boundary shall be scaled from the attached schedule.
3.4
ZONES NOT ON MAP
The zoning map of this By-law may be amended to utilize any zone in this By-law,
regardless of whether or not such zone has previously appeared on any zoning map. Such
amendments must be carried out in accordance with the provisions of the Planning Act and
must be in conformity with the policies of the Municipal Planning Strategy for Cole
Harbour/Westphal.
3.5
USES PERMITTED
Uses permitted within any zone shall be determined as follows:
(a)
If a use is not listed as a use permitted within any zone, it shall be deemed to be
prohibited in that zone.
Cole Harbour/Westphal Land Use By-law
Page 17
(b)
If any use is listed subject to any special conditions or requirements, it shall be
permitted subject to the fulfilling of such conditions or requirements.
(c)
Where a use permitted within any zone is defined in Part 2, the uses permitted
within that zone shall be deemed to include any similar use which satisfies such
definition except where any definition is specifically limited to exclude any use.
(d)
Except where limited by Part 4, Section 4.1, or specifically prohibited elsewhere in
this By-law, any use permitted within any zone may be located in conjunction with,
whether contained within the same building or located on the same lot as, any other
use permitted within that zone.
(e)
Where any list of uses permitted is divided by subheadings into broad functional or
characteristic groupings, such subheadings shall be deemed to be provided for the
purposes of reference and identification and shall not, in themselves, be deemed to
be uses permitted nor to define any uses permitted, whether specifically and in
accordance with the purposes of Part 2 or in any other manner.
3.6
OTHER USES CONSIDERED BY DEVELOPMENT AGREEMENT
Notwithstanding Section 3.5 above, certain uses which may not be uses permitted in any
zone may be considered in accordance with the development agreement provisions of the
Planning Act. As provided for by Policy IM-9 of the Municipal Planning Strategy for Cole
Harbour/Westphal such uses are as follow:
(a)
townhouse dwellings where all units do not have access to a public street;
(b)
multiple unit residential uses containing more than six (6) dwelling units within the
Urban Residential Designation;
(c)
commercial and commercial recreation uses in conjunction with recreational
facilities operated by fraternal or service clubs within the Urban Residential
Designation;
(d)
neighbourhood business (RC-May 11/99;E-Jun 26/99) uses of no more than two
thousand (2,000) square feet (185.8 m2) of gross floor area within the Urban
Residential Designation;
(e)
expansion of existing light industrial uses onto abutting properties;
(f)
expansion of existing light industrial uses identified in Appendix "B" of this
by-law;
(g)
expansion of existing resource uses identified in Appendix "C" of this by-law;
(h)
certain commercial uses of no more than four thousand (4,000) square feet (371.6
m2) of gross floor area within the unserviced portion of the Urban Residential
Designation;
(i)
general commercial and higher density residential uses on properties having
frontage on Highway No. 107 between Old Miller Road and the Little Salmon
River;
(j)
garden markets and garden centres on lots which were zoned C-1 (Neighbourhood
Business) (RC-May 11/99;E-Jun 26/99) on April 21, 1986;
(k)
commercial development on lands located at the western corner of the intersection
of Salmon River Drive and Highway No. 107 (LRIS No. 40168874); and
commercial development on lands located south of Highway 107 and between the
existing light industrial development and Chater Drive (LRIS No. 40194383);
(l)
certain private and commercial recreation uses on unserviced lands;
Cole Harbour/Westphal Land Use By-law
Page 18
(m)
commercial uses in excess of ten thousand (10,000) square feet (929 m2) and no
more than twenty thousand (20,000) square feet (1858.1 m2) of gross floor area
within the Community Commercial Designation.
(n)
multiple unit residential uses containing more than twelve (12) dwelling units
within the Community Commercial Designation;
(o)
drive-in and take-out restaurants within the Community Commercial Designation;
(p)
adult entertainment uses;
(q)
retail gasoline outlets;
(r)
beverage rooms and other entertainment uses located within buildings greater than
ten thousand (10,000) square feet (929 m2) of gross floor area;
(s)
access to commercial and multiple unit residential uses other than to Cole Harbour
Road, Cumberland Drive and Forest Hills Drive;
(t)
commercial uses in excess of ten thousand (10,000) square feet (929 m2) but not
greater than fifty thousand (50,000) square feet (4645.2 m2) of gross floor area
within the Highway Commercial Designation;
(u)
expansion of A.R. Hemmings manufacturing plant on lands adjacent to Highway
No. 7 (LRIS No. 650589);
(v)
automotive repair outlets;
(w)
residential and agricultural uses in the Long Hill area;
(x)
shared housing with special care; (RC-Aug 9/22;E-Sep 15/22)
(y)
Mixed residential development within the lands as shown on Schedule D in
accordance with MPS policy HC-10. (RC-Oct 7/14;E-Nov 8/14)
(z)
expansion on, or subdivision of, a building in the C-3 Zone. (RC-Jul 5/11;E-
Oct 8/11)
(aa)
As provided for in the Regional Municipal Planning Strategy for Halifax
Regional Municipality, Conservation Design Developments may be considered
by development agreement on lands designated Rural Commuter, in
accordance with policies S-14A, S-14B, S-15A, S-15B, S-16A, S-17A (RC-Oct
11/22;E-Nov 16/22), S-17B, and S17C (RC-Dec 11/25;E-Feb 2/26) of the
Regional Municipal Planning Strategy, as applicable. (RC-Jun 25/14;E-Oct
18/14)
(ab)
multiple unit dwellings, including townhouse dwellings, that exceed the built
form requirements of the MOD Zone on lands within Sub Area A or Sub Area
B as identified on Schedule E;
(ac)
mixed use buildings, containing residential units and any one or more of the
following: commercial, institutional or community uses, that exceed the built
form requirements of the MOD Zone on lands within Sub Area B as identified
on Schedule E; and
(ad)
multiple unit dwellings, except for townhouse dwellings, and residential care
facilities on lands within Sub Area C of any MOD Zone as identified on
Schedule E.
(ae)
Pursuant to Policy IM-23, where there is enabling policy to consider the
development, by development agreement, of multiple unit dwellings or the
expansion of existing multiple unit dwellings, such policy may be used to
consider the development of shared housing uses at a larger scale than what is
permitted by the Land Use By-law. (RC-Aug 9/22;E-Sep 15/22)
(af)
Notwithstanding any other provisions of this By-law, development proposals
for residential or mixed-use buildings that provide primarily residential uses
within the Suburban area may be permitted by development agreement in
Cole Harbour/Westphal Land Use By-law
Page 19
accordance with Policies SA-2B, SA-3B, and SA-4B of the Regional Municipal
Planning Strategy. (RC-Dec 11/25;E-Feb 2/26)
In addition, the development of certain uses which are permitted within any CDD
(Comprehensive Development District) may only be considered in accordance with
the development agreement provisions of the Halifax Regional Municipality Charter.
(RC-May 4/21; E-June 5/21)
3.7
DEVELOPMENT
AGREEMENTS
FOR
REGISTERED
HERITAGE
PROPERTIES (RC-Oct 11/22;E-Nov 16/22)
Development that is not otherwise permitted in this By-law may be permitted by
development agreement on a registered heritage property, in accordance with Policy
CH-7A of the Halifax Regional Municipal Planning Strategy.
Cole Harbour/Westphal Land Use By-law
Page 20
PART 4:
GENERAL PROVISIONS FOR ALL ZONES
4.1
DEVELOPMENT PERMITS
(a)
No development shall be permitted unless a development permit has been issued
and no development permit shall be issued unless all the provisions of this By-law
are satisfied.
(b)
Any development permit shall be in force for a period of one (1) year from the date
of issue and any permit may be re-issued upon request and subject to review by the
Development Officer.
(c)
Where any development permit is issued, such permit may include permission for
any single development, or for more than one (1) development, or for any or all
elements related to any development, provided that such are specified by the permit
and provided also that no development permit shall pertain to more than one (1) lot.
(d)
Notwithstanding subsection (a), no development permit shall be required for the
following:
(i)
any accessory building or structure which has less than three hundred (300)
square feet (27.9 m2) of gross floor area; and
(ii)
any sign, except signs permitted according to Section 5.3 of this By-law.
(iii)
An accessory hen use (RC- Oct 05/21;E-Jan 08/22).
4.1A (Deleted: RC-Jun 27/06;E-Aug 26/06)
4.1B
Where a property is subject to a rezoning approved between December 1, 2005 and
April 29, 2006, the Development Officer may reduce the requirements adopted to
implement the Regional Municipal Planning Strategy, to the greatest extent ossible
to allow the proposed development that was the subject of the rezoning. (RC-Jun
25/14;E-Oct 18/14)
4.1C A short-term rental of an entire dwelling unit in an operator's primary residence is
exempt from the requirement to obtain a development permit. (RC-Feb 21/23;E-Sep
1/23)
4.1D Provided the rental is not a short-term bedroom rental, a rental of 3 or fewer
bedrooms in a dwelling unit shall not require a development permit. (RC-Feb
21/23;E-Sep 1/23)
4.2
LICENCES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS
(a)
Nothing in this By-law shall exempt any person from complying with the
requirements of the Building By-law or any other by-law in force within the
Municipality, or to obtain any licence, permission, permit, authority or approval
required by any other by-law of the Municipality or statute and regulation of the
Province of Nova Scotia.
(b)
Where the provisions in this By-law conflict with those of any other municipal or
provincial regulations, by-laws or codes, the higher or more stringent requirements
shall prevail.
Cole Harbour/Westphal Land Use By-law
Page 21
4.3
SEWAGE DISPOSAL AND WATER SYSTEMS
(a)
Where municipal central sewer and water services are available, no development
permit shall be issued unless the development is provided with such services.
(b)
Where any lot is developed with a septic tank and disposal field, the minimum on-
site requirements of this By-law shall apply for the purpose of obtaining a
development permit. For the purpose of obtaining a permit for the installation of a
septic tank, the regulations of the Department of Health and Fitness shall prevail.
4.4
FRONTAGE ON STREET
No development permit shall be issued unless the lot or parcel of land intended to be used,
or upon which the building or structure is to be erected, abuts and fronts upon a public
street or road.
4.5
ONE MAIN BUILDING ON A LOT
No person shall erect more than one (1) main building on a lot within any zone except for
buildings within an I-l (Light Industry) Zone, MOD (Mixed Opportunity District) Zone
or a C-4 (Highway Commercial) Zone or LRIS Parcel Index 40124448.
4.6
EXISTING UNDERSIZED LOTS
Notwithstanding anything else in this By-law, a vacant lot held in separate ownership from
adjoining parcels on the effective date of this By-law, having less than the minimum
frontage, depth or area required by this By-law, may be used for any purpose permitted in
the zone in which the lot is located and a building may be erected on the lot,provided that
all other applicable provisions in this By-law are satisfied.
Furthermore, the Development Officer may issue a development permit for a lot approved
pursuant to PART 14 of the Subdivision By-law where an undersized lot has had its
boundaries altered.
4.7
REDUCED FRONTAGE OR AREA
(a)
Any lot created pursuant to Section 98 of the Planning Act may be used for any
purpose permitted in the zone in which the lot is located and a development permit
may be issued and a building may be erected on the lot, provided that all other
applicable provisions of this By-law are satisfied.
(b)
Notwithstanding the frontage and area requirements found elsewhere in this by-
law, where a lot existing on the effective date of this by-law has less than one
hundred and twenty (120) feet (36.6 m) of frontage and abuts a street in which
sewer and water services are available, the minimum lot frontage requirement is
fifty (50) feet and the minimum lot area requirement is five thousand (5,000) square
feet (454.5 m2).
(c)
Any lot created according to the provisions of subsection (b) may be used for any
purpose permitted in the zone in which the lot is located and a building may be
Cole Harbour/Westphal Land Use By-law
Page 22
erected on the lot, provided that all other applicable provisions of this By-law are
satisfied.
(d)
Notwithstanding the lot frontage requirements of this By-law, development
permits may be issued for lots approved pursuant to Part 14 of the Subdivision
By-law as specified therein provided that all other applicable provisions of this
By-law are satisfied but no development permit shall be issued for a
commercial, industrial, or community facility use, regardless of the zone in
which it is to be located, for lots created pursuant to Section 14.1 of the
Subdivision By-law except for business uses in conjunction with a permitted
dwelling. (C-Dec 13/93;M-Dec 22/93)
(e)
Notwithstanding the lot frontage requirements found elsewhere in this By-law,
residential uses that are located on lots that do not meet lot frontage
requirements and received development permits on or before April 1, 2016 are
permitted provided all other applicable provisions of this By-law are satisfied.
(RC-Jan 10/17;E-Feb 25/17)
4.8
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, area, or depth, 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 that does not conform to this By-law; and
(b)
all other applicable provisions of this By-law are satisfied.
4.8A FORMER FOREST HILLS PUD (RC-Jul 5/11;E-Oct 8/11)
Within the Forest Hills development as may be shown on a subdivision plan, all lots,
buildings and uses of land for which approval was given under the former Forest Hills
Planned Unit Development are considered to be legal and conforming lots, buildings
or uses of land.
4.9
NON-CONFORMING USES
Non-conforming uses shall be subject to the provisions of the Planning Act of Nova Scotia,
which is attached to this By-law as Appendix "A".
4.10 ACCESSORY USES AND BUILDINGS (CHWEPCBCC-Jul 20/95;E-Aug 10/95)
Provisions made under this by-law to permit uses, buildings, and structures shall,
unless otherwise stated by this by-law, also be deemed to include any accessory uses
buildings or structures provided that:
(a)
the accessory use, building, or structure is located within the same zone as the
principal building or use it is intended to serve or is located within an abutting
zone in which the principal use or building is permitted;
Cole Harbour/Westphal Land Use By-law
Page 23
(b)
the accessory use building or structure is located on a lot which directly abuts
or is directly across a public street or highway, private road or private right-
of-way from the lot containing the principal building or use it is intended to
serve; and
(c)
all other applicable conditions and requirements of this by-law are satisfied.
4.10A ACCESSORY HEN USE (RC- Oct 05/21;E-Jan 08/22)
An accessory hen use is permitted in conjunction with a residential use in all zones subject
to the following provisions:
(a)
The maximum number of hens permitted on a lot shall be:
i.
a maximum of 10 hens on lots less than 4,000 square metres in size;
ii.
a maximum of 15 hens on lots 4,000 square metres and over but less
than 6,000 square metres in size;
iii.
a maximum of 20 hens on lots 6,000 square metres and over but less
than 10,000 square metres in size;
iv.
a maximum of 25 hens on lots 10,000 square metres or greater in size;
(b)
Hens shall be contained within an accessory building or a fenced area that:
i.
is located in a rear yard;
ii.
is setback the minimum distance that is required for a main building,
on the subject lot, from a wetland or watercourse;
iii.
subject to 4.10A(b)(iv), meets the requirements for accessory buildings
under this by-law; and
iv.
is setback a minimum of 1 metre from any side or rear lot line.
(c)
The following are not permitted:
i.
On-site slaughtering or euthanizing of hens; and
ii.
The sale of eggs, meat or hens
4.11 ACCESSORY BUILDINGS
(a)
Accessory uses, buildings and structures shall be permitted in any zone but shall
not:
(i)
be used for human habitation except where a dwelling is a permitted
accessory use;
(ii)
be built closer to the front lot line than the minimum distance required for
the main building or be built closer than eight (8) feet (2.4 m) to any other
lot line except that:
1.
in any residential zone in the Urban Service Area, buildings or
structures which are accessory to residential uses shall not be
located closer to any side or rear lot line than four (4) feet (1.2
m); (HECC-Jul 7/11;E-Jul 30/11)
1.(a)
in any residential zone located outside the Urban Service Area,
buildings or structures which are accessory to residential uses
shall not be located closer to any side or rear lot line than eight
(8) feet (2.4 m) or one half the height of such accessory building
or structure, whichever is greater." (HECC-Jul 7/11;E-Jul
30/11)
Cole Harbour/Westphal Land Use By-law
Page 24
2.
common semi-detached garages may be centred on the mutual side
lot line;
3.
boat houses and boat docks may be built to the lot line when the line
corresponds to the high water mark; and
4.
accessory buildings and structures in a P-2 (Community Facility)
Zone shall not be built closer to any side or rear lot line than eight
(8) feet (2.4 m) or one half (1/2) the height of such building or
structure, whichever is the greater.
(iii)
no accessory building in any residential zone in the Urban Service Area
shall be greater than 25 Feet (7.7 metres) in height, from the established
grade to the highest point of the roof surface, nor have a footprint greater
than 1000 square feet (93 square metres) (RC-Dec 11/25;E-Feb 2/26) in
area. (RC-May 23/24;E-Jun 13/24)
(iii)(a) no accessory building in any residential zone or a residential accessory
building in the RPK (Regional Park) zone (RC-Jun 25/14;E-Oct 18/14)
located outside the Urban Service Area shall exceed 25 feet (7.7 metres),
nor have a footprint that exceeds 80% of the footprint of the main dwelling
up to a maximum of 1,250 square feet (116.13 square metres), or 750 square
feet (69.68 square metres), whichever is the greater. (HECC-Jul 7/11;E-Jul
30/11) (RC-May 23/24;E-Jun 13/24)
(iii)(b) no accessory building in any residential zone located outside the Urban
Service Area having a roof pitch of 4:12 or less shall exceed a maximum
wall height of 16 feet (4.88 metres) measured from the established grade
to the underside of the soffit; nor" (HECC-Jul 7/11;E-Jul 30/11)
(iv)
deleted (HECC-Jul 7/11;E-Jul 30/11)
(v)
be built within eight (8) feet (2.4 m) of the main building within any
residential zone or twelve (12) feet (3.7 m) in any other zone.
(vi)
be used for the keeping of livestock, except where agriculture is a permitted
use.
(vii)
Repealed (RC-May 23/24;E-Jun 13/24)
(viii) Quonset huts shall not be permitted as an accessory building within any
residential zone serviced by municipal central sewer or water. (RC-Nov
8/11; E-Jan 14/12)
(b)
Notwithstanding anything else in this By-law, drop awnings, clothes poles, flag
poles, garden trellises, fences and retaining walls shall be exempted from the
requirements of subsection (a).
(c)
Notwithstanding anything else in this by-law, an enclosed or internal staircase
or elevator leading to a dwelling unit within an accessory structure is exempted
from the maximum gross floor area requirements for backyard suites (RC-
Dec 11/25;E-Feb 2/26). (RC-May 23/24;E-Jun 13/24)
4.11A
SHIPPING CONTAINERS (HECC-Jun 6/02;E-Jun 30/02) (Repealed: RC-
Dec 11/25;E-Feb 2/26)
Cole Harbour/Westphal Land Use By-law
Page 25
4.11AB
SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26)
(a)
Shipping containers shall be prohibited.
(b)
Notwithstanding subsection (a), shipping containers are permitted as
accessory buildings in an industrial zone or commercial zone or in conjunction
with a recreation use and shall meet the following requirements:
(i)
shipping containers shall not be placed in the front or flanking yard of
any lot, or between the main building and any street;
(ii)
shipping containers shall meet all applicable requirements for
accessory buildings and zone standards including those relating to
setbacks, screening and landscaping; and
(iii)
shipping containers intended for non-recreation or non-residential use
on any property which abuts a residential, park or institutional zone
shall be set back a minimum of 30.48 metres (100 feet) from such
adjacent zone. This setback may be reduced to 3.0 metres (10 feet),
provided that a solid visual barrier exists or is provided prior to
placement of a shipping container, and provided that the barrier
screens the view of the entire height of the container from the abutting
zone.
(iv)
shipping containers shall not be stacked within 30.48 metres (100 feet)
of any residential, park or institutional zone
(c)
Notwithstanding subsection (a), non-residential temporary construction
shipping containers are permitted subject to Section 4.12.
(d)
Notwithstanding subsection (a), temporary residential shipping containers are
permitted subject to Section 4.13.
(e)
Notwithstanding subsection (a), shipping containers are permitted as a
dwelling, subject to the applicable zone standards for dwellings.
(f)
Notwithstanding subsection (a), Shipping containers are permitted as a
backyard suite, subject to the applicable requirements for backyard suites.
4.11B QUONSET HUTS (RC-Nov 8/11;E-Jan 14/12)
Quonset huts shall not be permitted as an accessory building, a main building, a
dwelling, or as an addition to a main building or dwelling in any residential zone
serviced with municipal central sewer or water.
4.11C SECONDARY SUITES AND BACKYARD SUITES (RC-Sep 1/20;E-Nov 7/20)
(a)
SECONDARY SUITES
Secondary suites shall be permitted accessory to a single unit dwelling, a
mobile dwelling, (RC-Dec 11/25;E-Feb 2/26) a two unit dwelling, a semi-
detached dwelling or a rowhouse or townhouse (RC-Dec 11/25;E-Feb 2/26)
dwelling subject to the following provisions:
(i)
No more than one total secondary suite shall be permitted on a lot; (RC-
May 23/24;E-Jun 13/24)
(ii)
The floor area of a secondary suite shall not exceed 80.0 square metres;
Cole Harbour/Westphal Land Use By-law
Page 26
(iii)
A two unit dwelling or semi-detached dwelling (RC-Dec 11/25;E-Feb
2/26) that contains a secondary suite shall not be considered a multiple
unit dwelling;
(iv)
Notwithstanding the parking requirements of Section 4.25, additional
off-street parking shall not be required; and
(v)
A secondary suite shall be permitted accessory to a non-conforming
structure for residential use, except where no residential uses are
permitted in the zone. (RC-May 23/24;E-Jun 13/24)
(b)
BACKYARD SUITES
Backyard suites shall be permitted accessory to a single unit dwelling, a mobile
dwelling, (RC-Dec 11/25;E-Feb 2/26) a two unit dwelling, a semi-detached
dwelling, a multiple unit dwelling containing three (3) units (RC-May 23/24;E-
Jun 13/24) or a rowhouse or townhouse (RC-Dec 11/25;E-Feb 2/26) dwelling
subject to the following provisions:
(i)
No more than one backyard suite shall be permitted on a lot; (RC-May
23/24;E-Jun 13/24)
(ii)
A backyard suite is not considered a separate main building or main
dwelling;
(iii)
The backyard suite shall meet the accessory buildings requirements as
set out in Sections 4.10 and 4.11;
(iv)
The gross floor area of a backyard suite shall not exceed 1,000 square
feet (93 square metres); (RC-May 23/24;E-Jun 13/24)
(v)
Notwithstanding the parking requirements of Section 4.25, additional
off-street parking shall not be required;
(vi)
A backyard suite shall be permitted accessory to a non-conforming
structure for residential use, except where no residential uses are
permitted in the zone; (RC-May 23/24;E-Jun 13/24)
(vii)
A backyard suite must be located on the same lot as the main dwelling
unit;
(viii) Where A backyard suite shall have unobstructed access that
(A)
connects the backyard suite to a street or private road,
(B)
is located on the same lot on which the backyard suite is located,
and
(C)
has a minimum width of 1.1 metres; and
(RC-May 23/24;E-Jun 13/24)
(ix)
A non-conforming accessory building may be converted to a backyard
suite if the gross floor area of the backyard suite does not exceed 1,000
square feet (93 square metres). (RC-May 23/24;E-Jun 13/24)
4.12 TEMPORARY CONSTRUCTION USES PERMITTED (HECC-Jan20/09;E-Feb
7/09)
(a)
Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure which is necessary and accessory to
construction in progress, such as a work camp or construction camp, mobile
home, sales or rental office, tool or maintenance shed or scaffold, including a
shipping container which serves as one of the foregoing, except as a mobile
Cole Harbour/Westphal Land Use By-law
Page 27
home, sales or rental offices, provided that a development permit has been
issued.
(ab) Temporary buildings or structures for a work camp or construction camp are
permitted on the worksite or on a lot which directly abuts or is directly across
a public street or highway, private road or private right-of-way from the
worksite. Any other temporary construction uses must be located on the
worksite. (RC-Dec 11/25;E-Feb 2/26)
(b)
A rock crusher may be used at the site of a demolition of a structure or
building, the site of construction of primary or secondary services pursuant to
the Regional Subdivision By-law, or at the site of development permitted
pursuant to this By-law, provided a development permit has been issued for
such use.
(c)
A development permit may only be issued for the temporary use of a rock
crusher.
(d)
A development permit issued for the use of a temporary rock crusher
accessory to demolition of a structure or building pursuant to this By-law or a
development pursuant to this By-law shall be valid for any period specified not
exceeding sixty (60) days. A development permit issued under this clause may
be renewed for a period not to exceed thirty (30) days at a time, if a
development officer determines that an extension of the period is necessary.
No rock crusher shall be located or used within three (3) metres of any
property boundary.
(e)
A development permit issued for the use of a temporary rock crusher
accessory to the construction of primary or secondary services pursuant to the
Regional Subdivision By-law shall be valid for any period which does not
exceed the construction time schedule specified in the subdivision agreement.
No rock crusher for which a permit has been issued under this clause shall be
located or used within sixty (60) metres of any building used for residential or
institutional purposes; with the exception of fire stations, police stations,
public works facilities, cemeteries, historic sites and monuments, and
recreational trails where no rock crusher shall be located or used within three
(3) metres of any property boundary.
(f)
Notwithstanding any other provision of this By-law, a temporary rock crusher
accessory to construction in progress shall not be used to process material for
export to another site nor to process material imported to the site.
(g)
A temporary rock crusher may be used as an accessory to demolition in
progress to process demolished material for export to another site subject to
disposal in accordance with the requirements of this By-law and the C&D
Materials Recycling and Disposal License By-law.
4.13 VEHICLE BODIES
No truck, bus, coach or streetcar body, motor home, or camper trailer, (RC-Dec
11/25;E-Feb 2/26) nor a structure of any kind, other than a dwelling unit erected and used
in accordance with this and all other By-laws of the Municipality, shall be used for human
habitation, and no vehicle body shall be used as a commercial building. For clarity, a
shipping container is not considered a vehicle body. (RC-Dec 11/25;E-Feb 2/26)
Cole Harbour/Westphal Land Use By-law
Page 28
4.14 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 provisions
of the Planning Act shall prevail.
4.15 BUILDING TO BE MOVED
No building, residential or otherwise, shall be moved within or into the area covered by
this by-law without obtaining a development permit from the Development Officer.
4.16 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, barns,
chimneys, clock towers, windmills (RC-Aug 16/11;E-Oct 29/11) or solar collectors
attached to the principal structures.
4.17 WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct 18/14)
1
(a)
No development permit shall be issued for any development within 20m
of the ordinary highwater mark of any watercourse.
(b)
Where the average positive slopes within the 20m buffer are greater
than 20%, the buffer shall be increased by 1 metre for each additional
2% of slope, to a maximum of 60m.
(c)
Within the required buffer pursuant to clauses (a) and (b), no
excavation, infilling, tree, stump and other vegetation removal or any
alteration of any kind shall be permitted in relation to development.
(d)
Within the required buffer pursuant to clauses (a) and (b), activity shall
be limited to the placement of one accessory structure or one attached
deck not exceeding a footprint of 20 m
2 or a combination of an accessory
structure and attached deck not exceeding 20 m² , fences, boardwalks,
walkways and trails not exceeding 3 metres in width, wharfs, boat
ramps, marine dependent uses, fisheries uses, conservation uses, parks
on public lands, historic sites and monuments, and public road
crossings, driveway crossings and wastewater, storm and water
infrastructure., and water control structures.
(e)
Notwithstanding clause (a), the required buffer shall not be less than
15.2m of the Little Salmon River, 76.2m from Lake Major, or 30.5m
from any tributary within the Lake Major Watershed as designated by
the Minister of the Environment on April 8, 1996.
(f)
Notwithstanding clause (a), the required buffer for construction and
demolition operations shall be as specified under the applicable CD
Zone.
(g)
Within the buffer required by clauses (e) and (f), no excavation,
infilling, tree, stump and other vegetation removal or any alteration of
any kind shall be permitted in relation to a development.
Cole Harbour/Westphal Land Use By-law
Page 29
(h)
Activity within the required buffer pursuant to clause (e), shall be
limited to the placement of board walks, walkways and trails,
conservation uses, parks on public lands, historic sites and monuments,
public roads and wastewater, storm and water infrastructure, and
water control structures.
(2)
Notwithstanding subsection (1), where an existing residential main building is
located within the required buffer, accessory structures, subject to meeting
other requirements of this by-law, shall be permitted provided they are located
no closer to the watercourse then the existing main building.
(3)
Where the configuration of any existing lot, including lots approved as a result
of completed tentative and final subdivisions applications on file prior to
August 26, 2006, is such that no main building could be located on the lot, the
buffer distance shall be reduced in a manner which would provide the greatest
possible separation from a watercourse having regard to other yard
requirements.
(4)
Notwithstanding subsection (1), nothing in this by-law shall prohibit the
removal of windblown, diseased or dead trees, deemed to be hazardous or
unsafe.
(5)
Notwithstanding subsection (1), the selective removal of vegetation to maintain
the overall health of the buffer may be authorized by the Development Officer
where a management plan is submitted by a qualified arborist, landscape
architect, forester or forestry technician.
(6)
Every application for a development permit for a building or structure to be
erected pursuant to this section, shall be accompanied by plans drawn to an
appropriate scale showing the required buffers, existing vegetation limits and
contours and other information including professional opinions, as the
Development Officer may require, to determine that the proposed building or
structure will meet the requirements of this section.
4.17A COASTAL AREAS (RC-Jun 25/14;E-Oct 18/14)
(1)
No development permit shall be issued for any dwelling on a lot abutting the
coast of the Atlantic Ocean, including its inlets, bays and harbours, within a
3.8 metre elevation above Canadian Geodetic Vertical Datum (CGVD 28).
(2)
Subsection (1) does not apply to any residential accessory structures which do
not contain a backyard suite (RC-Sep 1/20;E-Nov 7/20), marine dependant
uses, open space uses, parking lots and temporary uses permitted in
accordance with this by-law.
(3)
Notwithstanding subsection (1), any existing dwelling situated less than the
required elevation may expand provided that such expansion does not further
reduce the existing elevation.
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(4)
Every application for a development permit for a building or structure to be
erected pursuant to this section shall be accompanied by plans drawn to an
appropriate scale showing the required elevations, contours and lot grading
information to determine that the proposed building or structure will meet the
requirements of this section.
4.18 REDUCED FRONTAGE ON A CURVE
Where the front lot line of any lot is a curved line, a minimum lot width which is equal to
the minimum lot frontage required by this Bylaw shall be required in lieu of such minimum
lot frontage. For the purpose of this Section, such minimum lot width shall be measured
along a horizontal line between the side lot lines, which line is perpendicular to a line or
the extension of a line joining the midpoint of the chord of the curved line with the apex of
the triangle formed by the side lot lines and which line is equidistant from the front lot line
as is the minimum applicable front yard required by this By-law. For the purpose of this
Section, the chord of the curved line shall be a straight line joining the two points where
the side lot lines intersect the front lot line.
4.19 DAYLIGHTING 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 more than two (2) feet (0.6 m) above
grade of the streets that abut the lot within the triangular area included within the street
lines for a distance of twenty (20) feet (6.1 m) from their point of intersection.
4.20 PERMITTED ENCROACHMENTS
(a)
Every part of any yard required by this By-law shall be open and unobstructed by
any structure except to permit uses or encroachments subject to the following
provisions:
(i)
Uncovered patios, walkways wheelchair ramps, lifting devices or steps may
be located in any yard;
(ii)
There may be erected or maintained in any yard, the usual projections of
sill, cornices, eaves, gutters, chimneys, pilasters, canopies or other
architectural features, provided that no such structure or feature shall project
more than two (2) feet (0.6 m) into any required yard;
(iii)
Window bays and solar collectors may be permitted to project not more than
three (3) feet (0.9 m) from the main wall into a required front, rear or
flankage yard; and
(iv)
Exterior staircases, balconies, porches, verandas and sundecks shall not be
permitted to project into any required yard;
(v)
The provisions of this Section shall not restrict the location of ornamental
planting or landscaping in any yard unless otherwise indicated in this
By-law.
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4.21 YARD EXCEPTION
Where, in this By-law, a front, side or rear yard is required and part of the area of the lot is
usually covered by water or marsh or is beyond the rim of a river bank or watercourse, or
between the top and toe of a cliff or embankment having a slope of fifteen (15) percent or
more from the horizontal, then the required yard shall be measured from the nearest main
wall of the main building or structure on the lot to the edge of the said area covered by
water or marsh, or to the top of the said cliff or embankment if such area is closer than the
lot lines.
4.22 ILLUMINATION
No person shall erect any illuminated sign or illuminate an area outside any building unless
such illumination is directed away from adjoining properties and any adjacent streets.
4.23 COMMERCIAL MOTOR VEHICLES
Not more than one commercial vehicle shall be kept on any lot in any residential zone and
no such commercial vehicle shall exceed a registered vehicle weight of five (5) tons (4.5
tonnes) nor be kept less than ten (10) feet (3 m) from any front lot line.
4.24 RESTRICTIONS ON OUTDOOR STORAGE AND DISPLAY
No outdoor storage or display of any materials, goods or vehicles which are not normally
accessory to the principal use of any R-1, R-1a and R-2 zoned lots as a residence shall be
permitted. For the purposes of this Section, outdoor storage and display shall include the
storage and display of construction vehicles, excluding commercial vehicles permitted
pursuant to Section 4.23, equipment and materials, more than one (1) unlicensed, non-
derelict vehicle, or more than one (1) motor home.
4.25 PARKING REQUIREMENTS
(a)
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
shall be provided and maintained in conformity with the following schedule, except
where any parking requirement is specifically included elsewhere in this By-law.
Where the total required spaces for any use is not a whole number, the total spaces
required by this section or by other specific sections shall be the next largest whole
number.
USE
PARKING REQUIREMENT
Any dwelling except as specified
0 spaces
below
(RC-May 23/24;E-Jun 13/24)
Multiple unit dwellings
0.33 spaces per dwelling unit
(RC-May 23/24;E-Jun 13/24)
Retail stores, service and personal
Cole Harbour/Westphal Land Use By-law
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service shops:
(a)
exceeding 5,000 square feet
5.5 spaces per 1,000 square feet
(464.5 m2) of gross floor area
(92.9 m2) of gross floor area
(b)
not exceeding 5,000 square feet
3.3 spaces per 1,000 square feet
(464.5 m2) of gross floor area
(92.9 m2) of gross floor area
Banks, financial institutions and
3.3 spaces per 1,000 square feet
general offices
(92.9 m2) of gross floor area
Motels, hotels and short-term bedroom rentals
1 space per sleeping unit plus
(RC-Feb 21/23;E-Sep 1/23)
requirements for restaurants or
other facilities contained therein
Restaurants - Drive-In
27 spaces per 1000 square feet
(92.9 m2) of gross floor area
Restaurants - Full Service
20 spaces per 1000 square feet
(92.9 m2) of gross floor area
Restaurants - Take-Out:
(a)
exceeding 300 square
16 spaces per 1000 square feet
feet (28 m2) of gross
(92.9 m2) of gross floor area
floor area
(b)
not exceeding 300 square
5 spaces
feet (28 m2) of gross floorarea
Theatres
1 space per 5 seats
Institutional uses except as
the greater of 1 space per 4
otherwise (RC-Aug 9/22;E-Sep 15/22)
seats, where there are fixed seats
specified
and 1 space per 100 square feet
(9.3 m2) of gross floor area
where there are no fixed seats, or 1
space per 4 persons which can be
accommodated at any one time
Government offices
4.5 spaces per 1,000 square feet
(92.9 m2) of gross floor area
Schools
3 spaces per classroom plus space
per 20 high school students
Hospitals
2 spaces per bed
Shared Housing (RC-Aug 9/22;E-Sep 15/22)
0 spaces
Cole Harbour/Westphal Land Use By-law
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Day care facilities
1.5 spaces per 400 square feet (37.2
m2) of gross floor area
Medical clinics and offices of any
2 spaces per consulting room
health practitioner
(RC-Aug 5/08; E-Aug 23/08)
Funeral homes
15 spaces
Warehouses, transport terminals and
the greater of 2 spaces per 1,000
general industrial uses
square feet (92.9 m2) of gross floor
area or 1 space per 4 employees
Any use not specified above
3.3 spaces per 1,000 square feet
(92.9 m2) of gross floor area
(b)
Reserved Spaces for the Mobility Disabled
Notwithstanding subsection (a), reserved parking spaces for the mobility disabled
shall be provided as an addition to the required spaces in conformity with the
following schedule:
USE
PARKING REQUIREMENT
Medical Clinics and offices of any
1 reserved parking space for the
health practitioner
mobility disabled per 5-15 parking
spaces required;
1 additional space for each
additional 15 required spaces or
part thereof to a maximum of 10
Multiple Dwellings
1 reserved parking space per 30
units to a maximum of 10
Restaurants and Theatres
1 reserved parking space per 50
seats to a maximum of 10
All other uses excluding fire
1 reserved parking space for the
stations, boarding houses and any
mobility disabled per 15-100
industrial use which does not have
parking spaces required;
a retail function
1 additional space for each
additional 100 required spaces or
part thereof, to a maximum of 10
(ba) Notwithstanding subsections (a), and (b), there shall be no required parking
for residential uses within the Urban Service Area. (RC-Dec 11/25;E-Feb 2/26)
Cole Harbour/Westphal Land Use By-law
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(c)
Standards for Mobility Disabled Parking Spaces
(i)
each reserved parking space shall contain an area of not less than two
hundred and forty (240) square feet (22.3 m2) measuring twelve (12) feet
by twenty (20) feet;
(ii)
where the limits of the parking lot are defined by a curb, the parking lot
shall be provided with a ramped curb as close as possible to the location
which it is intended to serve and in no case shall it be further than three
hundred (300) feet (91.4 m) from the location which it is intended to serve;
(iii)
each reserved parking space shall be located as close as possible to the
location it is intended to serve; and
(iv)
each reserved parking space shall be clearly identified by a ground sign.
4.26 STANDARDS FOR PARKING LOTS
Where a parking lot for more than four (4) vehicles is required or permitted:
(a)
The lot 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 lot shall be so arranged as to divert the light
away from streets, adjacent lots and buildings.
(c)
A structure, not more than fifteen (15) feet (4.6 m) in height and not more than fifty
(50) square feet (4.6 m2) in area may be erected in the lot for the use of attendants.
(d)
The lot shall be within three hundred (300) feet (91.4 m) of the location which it is
intended to serve and shall be situated in the same zone.
(e)
No gasoline pumps or other service station equipment shall be located or
maintained on the lot.
(f)
Approaches or driveways to the lot shall be defined by a curb or concrete or rolled
asphalt and the limits of the lot shall be defined by a fence, curb or other suitable
obstruction designed to provide a neat appearance; in addition, the location of
approaches or driveways shall be not closer than fifty (50) feet (15.2 m) from the
limits of the right-of-way at a street intersection.
(g)
Entrance and exit ramps to the lot shall not exceed two (2) in number and each such
ramp shall be a width of twenty-five (25) feet (7.6 m) at the street line and edge of
pavement.
(h)
The width of a driveway leading to a parking lot or loading space, or of a driveway
or aisle in a parking lot, shall be a minimum width of ten (10) feet (3 m) if for
one-way traffic and a minimum width of twenty (20) feet (6.1 m) if for two-way
traffic, and the maximum width of a driveway shall be twenty-five (25) feet (7.6
m).
4.27 LOADING SPACE REQUIREMENTS
(a)
In any zone, no person shall erect or use any building or structure for
manufacturing, storage or warehousing, or as a retail or wholesale store, or as a
freight or passenger terminal, or for any other use involving the frequent shipping,
loading or unloading of persons, animals or goods, unless there is maintained on
the same premises with every such or use, one off-street space for standing, loading
and unloading for every twenty thousand (20,000) square feet (1858 m2) or fraction
Cole Harbour/Westphal Land Use By-law
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thereof of gross floor area used for such purposes to a maximum of six (6) loading
spaces.
(b)
The provisions of a loading space for any building with less than fifteen hundred
(1,500) square feet (139.4 m2) shall be optional.
(c)
Each loading space shall be at least twelve (12) feet (3.7 m) by twenty-five (25)
feet (7.6 m) with a minimum of fourteen (14) feet (4.3 m) height clearance.
(d)
Loading space areas, including driveways leading thereunto, shall be constructed
of and maintained with a stable surface which is treated so as to prevent the raising
of dust or loose particles.
4.27A BICYCLE PARKING FACILITIES (RC-Jun 25/14;E-Oct 18/14)
(1)
Within the area designated on the Generalized Future Land Use Map in the
Regional Municipal Planning Strategy as Urban Settlement, for the whole of
every building or structure to be erected or for the portion of a building or
structure which is to be enlarged, on-site bicycle parking shall be provided in
accordance with the following table:
Use
Bicycle Parking Requirement
Multiple Unit Dwelling
0.5 spaces per dwelling unit
80% Class A, 20% Class B
Hotels/ Motels/Inns
1 space for every 20 rooms
80% Class A, 20% Class B
Minimum 2 Class B spaces
General Retail, Trade and
Service, Food Store,
Shopping Centre,
Restaurants
1 space per 300m² GFA
20% Class A/ 80% Class B
Minimum 2 Class B spaces
General Office, Banks,
Medical Clinics, Institutional
Uses, Government Buildings
1 space per 500m² GFA
50% Class A/ 50% Class B
Minimum 2 Class B spaces
Auditoriums, Theatres,
Stadiums, Halls
1 space for every 20 seats
20% Class A/ 80% Class B
Minimum of 2 Class B spaces
Maximum of 50 spaces
Schools, Colleges,
Universities
1 space for every 250m² GFA
20% Class A/ 80% Class B
Recreation Facilities,
Community Centres,
Libraries.
1 space per 200m² GFA
20% Class A/ 80% Class B
Minimum of 2 Class B spaces
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General Industrial Uses
1 space per 1000 m² GFA
80% Class A/ 20% Class B
Minimum of 2 Class B spaces
Maximum of 20 spaces
Commercial Parking
Structures/Lots
(>20 Motor Vehicle Spaces)
5% of motor vehicle parking provided
Minimum of 2 Class B spaces
Maximum of 50 spaces
Any Uses Not Specified
Above
1 space per 500 m² GFA
50% Class A/ 50% Class B
(2)
Bicycle parking requirements shall not be required for the following land uses:
single, two and three unit dwellings, townhouses, self storage facilities, car
washes, cemeteries and funeral homes.
(3)
Notwithstanding subsection (1), the bicycle parking requirements may be
reduced by 50% where each unit of a Multiple Unit Dwelling contains a storage
room with a minimum dimension of 1.5m by 2m.
(4)
Each Class B bicycle parking space shall:
(a)
be a minimum of 0.6m wide and 1.8m long;
(b)
have a minimum overhead clearance of 2.0m;
(c)
be located a minimum of 0.6m from any wall or other obstruction.
(5)
Access to and exit from Class B bicycle parking spaces shall be provided with
an aisle of not less than 1.5m in width, to be provided and maintained beside
or between each row of bicycle parking. Bicycle parking shall be separated
from vehicular parking by a physical barrier or a minimum 1.5m of open
space.
(6)
Class A bicycle parking spaces shall have a minimum door opening of 0.6m, be
no less than 1.8m long and 1.2m in height, with an aisle width of not less than
1.5m. Bicycle rooms and cages for the storage of multiple bicycles shall contain
Class B racks so that individual bicycles are supported.
4.27B LOCATION OF BICYCLE PARKING (RC-Jun 25/14;E-Oct 18/14)
(1)
Class B bicycle parking shall be located no more than 15m from an entrance.
Where there are shelters such as building awnings or overhangs or special
purpose-designed shelters that protect bicycles from the elements, bicycle
parking may be located up to 30m from an entrance.
(2)
Class A bicycle parking may be located up to 200m from an entrance.
(3)
All bicycle parking spaces shall be located on hard surfaces in areas that are
visible and well illuminated.
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(4)
Class B spaces shall be located at ground level and visible to passers-by or
building security personnel. Where not immediately visible to passers-by,
directional signage shall be provided.
4.27C SPECIAL BICYCLE PARKING FACILITY REQUIREMENTS (RC-Jun 25/14;E-
Oct 18/14)
(1)
Where six (6) bicycle spaces are provided, a reduction of one (1) regular
required motor vehicle parking space may be permitted up to a maximum of
two (2) spaces.
(2)
In any case where enhanced bicycle parking facilities are provided, for every
two enhanced parking spaces, one regular required motor vehicle space may be
eliminated up to a maximum reduction of 10% of the required motor vehicle
parking.
(3)
In cases of 100% lot coverage, Class B bicycle parking may be installed within
the street right-of-way, in accordance with the provisions of the Streets By-law
(S-300), provided it is within 91.4m from the location they are to serve.
4.28 ROAD ENTRANCE RESERVES
Notwithstanding the lot frontage provisions contained in this By-law, a portion of a lot
identified as a road entrance reserve shall meet the requirements of the provincial
Department of Transportation and Communications.
4.29 COMPOSTING OPERATIONS (MC-Feb 26/96;M-Mar 28/96)
No development permit shall be issued for a composting operation except in
compliance with the following provisions:
(a)
the use shall not be obnoxious or create a nuisance;
(b)
a composting operation shall meet the following separation distances:
(i)
from any property line
328 feet (100 m)
(ii)
from the nearest:
1.
residential dwelling
1,640 feet (500 m)
2.
community facility use
1,640 feet (500 m)
3.
commercial or industrial building 984 feet (300 m)
(iii)
from a watercourse
328 feet (100 m)
(c)
notwithstanding any other provisions of this by-law, composting operations
may occur either inside or outside of a building;
(d)
a composting operation shall not have direct access to either a local or
subdivision road, as determined by the Municipality's Engineering and Works
Department and any access road for such operations shall not occur through
lands zoned for residential use (R-1a, R-1, R-2, R-3, R-4, R-5 and R-8 Zones).
Cole Harbour/Westphal Land Use By-law
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4.30 SCHEDULE B - AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL (RC-
Jun 25/14;E-Oct 18/14)
Where excavation is required for a development on any lot identified on Schedule B
attached to this by-law, a development permit may be issued and the application may
be referred to the Nova Scotia Department of Communities, Culture and Heritage,
Division for any action it deems necessary with respect to the preservation of
archaeological resources in accordance with provincial requirements.
4.31 SCHEDULE C - WETLANDS (RC-Jun 25/14;E-Oct 18/14)
Every application for a development permit shall be accompanied by plans, drawn to
an appropriate scale, showing the location of all wetlands identified on Schedule C
attached to this by-law, within and adjacent to the lot. Notwithstanding any other
provision of this by-law, no development of any kind shall be permitted within any
such wetland.
4.32 WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14)
The use of windmills or wind turbines to produce electricity or for any other purpose
shall be regulated in accordance with the provisions of this Section.
I
DEFINITIONS
For the purposes of this Section, certain terms are defined as follows:
a)
"Habitable Building" means a dwelling unit, hospital, hotel, motel, shared
housing use (RC-Aug 9/22;E-Sep 15/22) or other building where a person lives
or which contains overnight accommodations;
b)
"Nacelle" means the frame and housing at the top of the tower that encloses
the gearbox and generator;
c)
"Nameplate Capacity" means the manufacturer's maximum rated output of
the electrical generator found in the nacelle of the wind turbine;
d)
"Total Rated Capacity" means the maximum rated output of all the electrical
generators found in the nacelles of the wind turbines used to form a wind
energy facility;
e)
"Tower Height" means the distance measured from grade at the established
grade of the tower to the highest point of the turbine rotor or tip of the turbine
blade when it reaches its highest elevation, or in the case of a roof mounted
wind turbine the distance measured from the lowest point of established grade
at the building's foundation to the highest point of the turbine rotor or tip of
the turbine blade when it reaches its highest elevation;
f)
"Turbine" means a wind energy conversion system, the purpose of which is to
produce electricity, consisting of rotor blades, associated control or conversion
electronics, and other accessory structures;
g)
"Wind Energy Facility" means a wind energy conversion system, the purpose
of which is to produce electricity, consisting of one or more roof mounted
turbines or turbine towers, with rotor blades, associated control or conversion
Cole Harbour/Westphal Land Use By-law
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electronics,
and
other
accessory
structures
including
substations,
meteorological towers, electrical infrastructure and transmission lines;
i)
"Micro Facility" means a wind energy facility consisting of a single
turbine designed to supplement other electricity sources as an
accessory use to existing buildings or facilities and has a total rated
capacity of 10 kW or less, and is not more than 23 metres (75 feet) in
height.
ii)
"Small Facility" means a wind energy facility which has a total rated
capacity of more than 10 kW but not greater than 30 kW. A Small
Facility has a stand alone design, on its own foundation, or may be
supported by guy wires, is not roof mounted, and the tower of which is
not more than 35 metres (115 feet) in height."
iii)
"Medium Facility" means a wind energy facility which has a total rated
capacity of more than 30 kW but not greater than 300 kW. A Medium
Facility has a stand alone design, on its own foundation, or may be
supported by guy wires, is not roof mounted, and the towers of which
are not more than 60 metres (197 feet) in height.
iv)
"Large Facility" means a wind energy facility which has a total rated
capacity of more than 300 kW. A Large Facility has a stand alone
design, on its own foundation, or may be supported by guy wires, is not
roof mounted, and the towers of which are greater than 60 metres (197
feet) in height.
II
ZONES
For the purpose of this section the following zones apply as shown on the attached
Schedule A-1 - Wind Energy Zoning. Such zones are:
(UW-1) Urban Wind Zone
(RW-2) Rural Wind Zone
(R) Restricted Zone
a)
URBAN WIND ZONE (UW-1)
i)
All Wind Energy Facilities, except Large Facilities, are permitted in the
Urban Wind Zone (UW-1).
ii)
All turbine towers in the UW-1 Zone shall have a minimum distance
between turbines equal to the height of the tallest tower.
iii)
All turbine towers in the UW-1 Zone shall be set back a minimum
distance of 1.0 times the tower height from any adjacent property
boundary,
iv)
Turbine towers of Micro Facilities in the UW-1 Zone shall be set back
a minimum distance of 3.0 times the tower height from any habitable
building on an adjacent property.
v)
Turbine towers of Small Facilities in the UW-1 Zone shall be set back
a minimum distance of 180 metres (590 feet) from any habitable
building on an adjacent property.
vi)
Turbine towers of Medium Facilities in the UW-1 Zone shall be set back
a minimum distance of 250 metres (820 feet) from any habitable
building on an adjacent property.
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b)
RURAL WIND ZONE (RW-2)
i)
All Wind Energy Facilities are permitted in the Rural Wind Zone (RW-
2).
ii)
All turbine towers shall have a minimum distance between turbines
equal to the height of the tallest tower.
iii)
Turbines towers of Micro Facilities in the RW-2 Zone shall have the
following set back requirements:
1)
A minimum distance of 3.0 times the tower height from any
habitable building on an adjacent property;
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
iv)
Turbines towers of Small Facilities in the RW-2 Zone shall have the
following set back requirements:
1)
A minimum distance of 180 metres (590 feet) from any habitable
building on an adjacent property;
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
v)
Turbines towers of Medium Facilities in the RW-2 Zone shall have the
following set back requirements:
1)
A minimum distance of 250 metres (820 feet) from any habitable
building on an adjacent property;
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
vi)
Turbines towers of Large Facilities in the RW-2 zone shall have the
following set back requirements:
1)
A minimum distance of the greater of the following (RC-Dec
11/25;E-Feb 2/26) from any habitable building on an adjacent
property;
(a)
4 times the wind turbine height; or
(b)
the distance required to ensure that
(i)
sound levels from the wind turbine do not exceed
40 dBA at the exterior of a residential dwelling;
and
(ii)
a residential dwelling receives less than 30 minutes
per day or 30 hours per year of shadow flicker.
(RC-Dec 11/25;E-Feb 2/26)
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
c)
RESTRICTED ZONE (R)
i)
Wind Energy Facilities shall not be permitted in the Restricted Zone.
III
PERMIT APPLICATION REQUIREMENTS
All Wind Energy Facilities require a development permit. The permit application
shall contain the following:
a)
a description of the proposed Wind Energy Facility, including an overview of
the project, the proposed total rated capacity of the Wind Energy Facility;
Cole Harbour/Westphal Land Use By-law
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b)
the proposed number, representative types, and height or range of heights of
wind turbines towers to be constructed, including their generating capacity,
dimensions, respective manufacturers, and a description of accessory
facilities;
c)
identification and location of the properties on which the proposed Wind
Energy Facility will be located;
d)
at the discretion of the Development Officer, a survey prepared by a Nova
Scotia Land Surveyor, a surveyor's certificate, or a site plan showing the
planned location of all wind turbines towers, property lines, setback lines,
access roads, turnout locations, substation(s), electrical cabling from the Wind
Energy Facility to the substation(s), ancillary equipment, building(s),
transmission and distribution lines. The site plan must also include the location
of all structures and land parcels, demonstrating compliance with the setbacks
and separation distance where applicable;
e)
at the discretion of the Development Officer, proof of notification to the
Department of National Defense, NAV Canada, Natural Resources Canada
and other applicable agencies regarding potential radio, telecommunications,
radar and seismoacoustic interference, if applicable, to Transport Canada and
the Aviation Act; and,
f)
any other relevant information as may be requested by the Halifax Regional
Municipality to ensure compliance with the requirements of this By-law.
IV
ADDITIONAL PERMIT REQUIREMENTS
a)
The Development Permit application shall be reviewed by a Municipal
Building Official to determine if design submissions are required from a
Professional Engineer to ensure that the wind turbine base, foundation, or guy
wired anchors required to maintain the structural stability of the wind turbine
tower(s) are sufficient where a wind turbine is:
i)
not attached to a building and is not connected to the power grid; or
ii)
attached to an accessory building in excess of 215 square feet and is not
connected to the power grid.
b)
A minimum of 60 days before the date a development permit application is
submitted, an applicant shall send a notice to all assessed property owners of
property that is within the following distances from the boundary of the
property upon which any Micro, Small, Medium and Large wind energy
facility is proposed:
i)
Micro
140 metres (460 ft)
ii)
Small
360 metres (1180 ft)
iii)
Medium
500 metres (1640 ft)
iv)
Large
2000 metres (6560 ft)
c)
The notice pursuant to section b) shall include the following information:
i)
a site plan that includes property boundaries and the location of the
proposed wind energy facility;
ii)
a description of the type of wind energy facility; and
iii)
the applicant's contact information which shall include a mailing
address.
V
EXCEPTIONS
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Notwithstanding Section II a) and II b) the setback requirements from any Wind
Energy Facility to a property boundary may be waived where the adjoining property
is part of and forms the same Wind Energy Facility. All other setback provisions shall
apply.
a)
Wind Energy Facilities shall not be permitted in the following zones of the Cole
Harbour/Westphal Land Use By-law:
i)
RPK (Regional Park) Zone;
ii)
P4 (Conservation) Zone.
VII
INSTALLATION AND DESIGN
a)
The installation and design of a Wind Energy Facility shall conform to
applicable industry standards.
b)
All structural, electrical and mechanical components of the Wind Energy
Facility shall conform to relevant and applicable local, provincial and national
codes.
c)
All electrical wires shall, to the maximum extent possible, be placed
underground.
d)
The visual appearance of the Wind Energy Facility shall at a minimum:
i)
be a non-obtrusive colour such as white, off-white or gray;
ii)
not be artificially lit, except to the extent required by the Federal
Aviation Act or other applicable authority that regulates air safety; and,
iii)
not display advertising (including flags, streamers or decorative items),
except for identification of the turbine manufacturer, facility owner
and operator.
VIII MISCELLANEOUS
a)
Micro Wind Facilities shall be permitted on buildings subject the
requirements in Section II a) Urban Wind Requirements and Section II b)
Rural Wind Requirements.
b)
The siting of Wind Energy Facilities is subject to the requirements for
Watercourse Setbacks and Buffers as set out in the Land Use By-law.
c)
The siting of all accessory buildings are subject to the general set back
provisions for buildings under this By-law
IX
SCHEDULES
a)
Schedule A-1 - Wind Energy Zoning
4.33 PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14)
Public transit facilities shall be permitted in all zones and shall not be required to
conform to any zone requirements. (RC-Oct 11/22;E-Nov 16/22)
Cole Harbour/Westphal Land Use By-law
Page 43
4.34 CANNABIS-RELATED USES (RC-Sep18/18; E-Nov 3/18)
Notwithstanding any other provisions of this By-law, cannabis retail sales and
cannabis lounges are only permitted if such facilities are operated by the Nova Scotia
Liquor Corporation (NSLC).
4.35 SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23)
a)
Short-term Rentals accessory to a residential use shall be permitted in all zones
provided that the dwelling unit is the primary residence of the short-term
rental operator.
b)
Short-term Bedroom Rentals accessory to a residential use shall be permitted
in all zones, subject to the following additional provisions:
i)
The short-term bedroom rental shall be wholly contained within the
dwelling unit which is the primary residence of the operator of the
rental;
ii)
Not more than three (3) bedrooms, or the maximum number of
bedrooms specified in the zone, may be rented as a short-term bedroom
rental at the same time;
iii)
The operator of the short-term bedroom rental resides on site while any
bedrooms are rented;
iv)
No window display and not more than one (1) business sign shall be
permitted and no such sign shall exceed four (4) square feet (0.4 m2) in
area; and
v)
One off-street parking space in addition to that required for the
dwelling shall be provided for each bedroom to be rented.
4.36 DEVELOPMENT AGREEMENTS FOR ADAPTIVE REUSES IN RURAL HRM
(RC-Dec 11/25;E-Feb 2/26)
Pursuant to Policy G-15B of the Halifax Regional Municipal Planning Strategy, internal
conversions of residential buildings, institutional buildings, utility buildings, or commercial
buildings for the purpose of creating residential dwelling units that are not otherwise
permitted in the Land Use By-law, may be considered by development agreement.
Cole Harbour/Westphal Land Use By-law
Page 44
PART 5:
SIGNS
5.1
GENERAL
(a)
Where this part is inconsistent with the regulations respecting advertising signs on
or near public highways, made or administered by the Department of
Transportation and Communications, the more restrictive regulations shall apply.
(b)
No person shall erect a sign according to the provisions of Section 5.3 except where
a development permit has been issued, and no permit to erect a sign shall be issued
unless all the sign provisions of this By-law are satisfied.
5.1A TEMPORARY SIGNAGE (RC-Sep 26/06;E-Nov 18/06)
(a)
This By-law shall not apply to any sign regulated under HRM By-law S-800
(A By-law Respecting Requirements for the Licensing of Temporary Signs);
and
(b)
Any sign provision within this By-law referring to temporary signage, as
regulated under HRM By-law S-800, is superceded.
5.2
SAFETY AND MAINTENANCE
Every sign and all parts thereof, including framework, supports, background, anchors and
wiring systems shall be constructed in compliance with the Building By-law and any fire
prevention and electrical codes.
5.3
NUMBER OF SIGNS
(a)
For the purposes of this Section, where a multiple tenancy building is occupied by
more than one (1) business, each business shall be considered to be a separate
premises.
(b)
For the purposes of determining the number of signs permitted by this Section, a
sign shall be considered to be a single display surface or display device containing
elements organized, related and composed to form a unit. Double-faced and
three-faced signs shall be counted as single signs. Where matter is displayed in a
random manner, without organized relationships or elements, or where there is
reasonable doubt about the relationships of any elements, each element shall be
considered to be a single sign.
(c)
No more than three (3) signs shall be erected on any premises at any one time,
except on a corner lot where one (1) additional sign may be erected. For the
purposes of this Section, signs enumerated in Section 5.5 shall not be counted.
5.4
SIGN AREA
The total area permitted of any sign shall be considered to be the area of the smallest
rectangle, triangle or circle which can totally circumscribe the sign face or surface of any
single, double or three-faced sign in the plane of its largest dimension. Each visible face of
a multi-faced sign shall be calculated separately and then totalled in determining the sign
area permitted.
Cole Harbour/Westphal Land Use By-law
Page 45
5.5
SIGNS PERMITTED IN ALL ZONES
The following signs shall be permitted in all zones and in addition to any signs permitted
according to Section 5.3:
(a)
Any sign which has an area of no more than two (2) square feet (0.2 m2) and which
identifies the name and address of a resident.
(b)
Any sign which has an area of no more than two (2) square feet (0.2 m2) and which
regulates the use of property, as do "no trespassing" signs.
(c)
Any real estate sign which has an area of no more than eight (8) square feet (0.7
m2) in any residential zone or twenty-four (24) square feet (2.2 m2) in any other
zone.
(d)
Any sign which has an area of no more than five (5) square feet (0.5 m2) and which
regulates or denotes the direction or function of various parts of a building or
premises, including parking and traffic areas.
(e)
Any sign which has an area of no more than fifty (50) square feet (4.6 m2) and
which is incidental to construction.
(f)
Any sign erected by, or under the direction of, a government body as are signs
identifying public buildings, giving public information or regulating traffic or
safety.
(g)
Any flag, insignia, notice or advertising of any charitable, religious or fraternal
organization.
(h)
Any memorial sign, plaque or tablet.
5.6
SIGNS PROHIBITED IN ALL ZONES
The following signs shall not be permitted in any zone:
(a)
Any sign or sign structure which constitutes a hazard to public safety or health.
(b)
Any sign which, for any reason, obstructs the vision of drivers leaving a roadway
or driveway, or detracts from the visibility or effectiveness of any traffic sign or
control device on public streets.
(c)
Any sign which obstructs free ingress to or egress from a fire escape door, window
or other required exit.
(d)
Any sign located at or near a sharp road curve or below the crest of a hill, except a
sign erected by a government body.
(e)
Any sign which is not erected by, or under the direction of, a government body and
which makes use of words such as "STOP", "LOOK", "DANGER", "ONE WAY"
or "YIELD" or any similar words, phrases, symbols, lights or characters used in a
manner which may mislead, confuse or otherwise interfere with traffic along a
public road.
(f)
Any sign which incorporates any flashing or moving illumination and any sign
which has any visible moving part or mechanical movement whether achieved by
natural or artificial means.
(g)
Any searchlight, stringlight, spinner or streamer except for occasions such as grand
openings, county fairs and public festivals, or used as temporary holiday
decorations.
(h)
Any sign painted on a tree, stone, cliff or other natural object.
Cole Harbour/Westphal Land Use By-law
Page 46
(i)
Any sign which is not related to any business or use located on the lot or premises,
and any sign which no longer advertises a bona fide business conducted or a product
sold. Such signs are deemed to be obsolete signs and shall be removed by the owner
or occupant of the property upon which they are erected, within sixty (60) days of
the date of discontinuance of the business or product.
5.7
FACIAL WALL SIGNS
No facial wall sign shall cover more than one (1) square foot (0.1 m2) per lineal foot of the
wall on which the sign is affixed, such coverage to be allocated proportionally for each
business premises in the case of multiple occupancy buildings. In no case however, shall
the total area of the facial wall sign for any business premises exceed one hundred (100)
square feet (9.3 m2).
5.8
PROJECTING SIGNS
No projecting sign shall:
(a)
exceed twenty (20) square feet (1.9 m2) in area for that portion of the sign which
projects beyond any wall or roof;
(b)
project horizontally more than six (6) feet (1.8 m) from any wall to which it is
attached;
(c)
project over a public right-of-way or daylighting triangle;
(d)
be erect below a height of ten (10) feet (3 m) or exceed a height of thirty-five (35)
feet (10.7 m); or
(e)
be permitted to swing freely on its supports.
5.9
GROUND SIGNS
No ground Sign shall:
(a)
exceed twenty-five (25) square feet (2.3 m2) of sign area on a single face or fifty
(50) square feet (4.6 m2) of sign area for both faces combined, except for:
(i)
signs within the C-4 (Highway Commercial) Zone where such signs shall
not exceed one hundred (100) square feet (9.3 m2) of sign area on a single
face or two hundred (200) square feet (18.6 m2) of sign area of both faces
combined; or
(ii)
signs accessory to existing service stations any existing building supply
outlets within the C-2 (General Business) Zone, where such signs shall not
exceed one hundred (100) square feet (9.3 m2) of sign area on a single face
or two hundred (200) square feet (1 .6 m2) of sign area of both faces
combined.
(b)
exceed a height of twenty-five (25) feet (7.6 m); or
(c)
extend beyond a property line or project over a public right-of-way, daylighting
triangle, driveway or parking space.
Cole Harbour/Westphal Land Use By-law
Page 47
PART 6:
R-la (SINGLE UNIT DWELLING) ZONE
6.1
R-la USES PERMITTED
No development permit shall be issued in any R-la (Single Unit Dwelling) Zone except for
the following:
Residential Uses
Single unit dwellings
Two unit dwellings within the Urban Service Area;
Multiple unit dwellings containing 3 or 4 dwelling units within the Urban Service
Area; (RC-May 23/24;E-Jun 13/24)
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling
unit (RC-Aug 9/22;E-Sep 15/22)
Community Uses
Open space uses
6.2
R-l ZONE REQUIREMENTS: RESIDENTIAL USES (HECC-Aug 3/06;E-Aug 05/06)
In any R-la Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
central services
6,000
square
feet
(557.4 m2)
on-site services
20,000
square
feet
(1858.1 m2)
Minimum Frontage:
central services
60 feet (18.3 m)
on-site services
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
The creation of flag lots is prohibited in the R-1a zone.
6.3
R-la ZONE REQUIREMENTS: COMMUNITY USES
In any R-la Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 20.
Cole Harbour/Westphal Land Use By-law
Page 48
PART 7:
R-l (SINGLE UNIT DWELLING) ZONE
7.1
R-l USES PERMITTED
No development permit shall be issued in any R-l (Single Unit Dwelling) Zone except for
the following:
Residential Uses
Single unit dwellings;
Two unit dwellings within the Urban Service Area;
Multiple unit dwellings containing 3 or 4 dwelling units within the Urban Service
Area; (RC-May 23/24;E-Jun 13/24)
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling
unit; (RC-Aug 9/22;E-Sep 15/22)
Home business uses in conjunction with permitted dwellings;
Daycare facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings.
Community Uses
Open space uses.
7.1A OTHER REQUIREMENTS: R-2 USES
Notwithstanding Section 7.1, where uses are permitted as Two-Unit Dwellings, no
development permit shall be issued except in conformity with the provisions of
Section 8.2. (RC-May 23/24;E-Jun 13/24)
7.1B
OTHER REQUIREMENTS: R-4 USES
Notwithstanding Section 7.1, where uses are permitted as Multiple-Unit Dwellings,
no development permit shall be issued except in conformity with the provisions of
Section 10.2. (RC-May 23/24;E-Jun 13/24)
7.2
R-1 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-l Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
central services
6,000
square
feet
(557.4 m2)
on-site services
20,000 square feet
(1858.1 m2)
Minimum Frontage:
central services
60 feet (18.3 m)
on-site services
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
Cole Harbour/Westphal Land Use By-law
Page 49
7.3
OTHER REQUIREMENTS: HOME BUSINESS USES
Where home business uses are permitted in any R-1 Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which is the principal
residence of the operator of the business.
(b)
No accessory building shall be used for the storage or display of materials, goods,
supplies or equipment related to the operation of the business.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
any business use, and in no case shall any business use occupy more than three
hundred (300) square feet (27.9 m2) gross floor area.
(d)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(e)
No outdoor storage or display of materials, goods, supplies, or equipment related
to the operation of the business use shall be permitted.
(f)
No more than one (1) sign, which shall be affixed to the main dwelling, shall be
permitted for any business and no such sign shall exceed two (2) square feet (0.2
m2) in area.
(g)
One (1) off-street parking space, other than that required for the dwelling shall be
provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area
devoted to any business.
(h)
No exterior alterations to the dwelling related to the business use shall be permitted
except to meet fire safety, structural safety, or health regulations.
(i)
No retail operation shall be permitted except where retail is accessory to a business
use which involves the production of goods or crafts or the provision of a service.
7.4
R-1 ZONE REQUIREMENTS: COMMUNITY USES
In any R-1 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 20.
7.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-l Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling, which is the principal residence of the operator of
the facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any facility and no such sign shall
exceed two (2) square feet (0.2 m2) in area.
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided.
Cole Harbour/Westphal Land Use By-law
Page 50
7.6
R-1 ZONE REQUIREMENTS - MORRIS LAKE ESTATES
(HECC-Aug 4/05;E-May 2/06)
(a)
For houses located in Morris Lake Estates on the zoning map, where uses are
permitted as Residential Uses, no development permit shall be issued except
in conformity with the following:
Minimum Lot Area:
4,000 square feet (372m2)
Minimum Frontage:
40 feet (12.2m)
Minimum Front Yard
15 feet (4.6m) on Westfield Cres. and 20 feet
(6.1m) on Southampton and Morris Lake Estates
Drives.
Minimum Rear Yar
15 feet (4.6m)
Minimum Side Yard
4 feet (1.2m) on one side and 10 feet (3m) on
opposite side subject to 7.6b
Minimum Flankage Yard 15 feet (4.6m)
Maximum Lot Coverage
35 percent
Max. Height of Main Building 30 feet (9.1m), as measured from established
grade on front facade
(b)
Where a dwelling includes an attached garage, both minimum side yards may
be reduced to 4 feet (1.2m).
(c)
Architectural design of the dwellings shall be varied. Similar house plans,
(those with similar roof lines, facade articulation, fenestration, primary
exterior wall and roof colour) shall not be repeated within a three lot radius
on the same side of the street.
(d)
The front facade of all dwellings shall contain trim detailing including
minimum 6 inch corner boards and 4 inch window moldings.
(e)
All house designs shall include a covered verandah or porch (minimum depth
from building wall to outside edge of decking: 5 feet) on the front facade, with
railings extending the full length of the facade. The Development Officer may
approve a shorter verandah or porch if the such length is deemed to conflict
with other architectural features.
(f)
The elevation of the front entrance to any dwelling shall be a maximum of 2
feet 6 inches above finished grade, unless otherwise permitted in writing by
the Development Officer.
(g)
Accessory buildings shall not exceed 300 square feet in floor area and 15 feet
in height. They shall not be permitted in the front or flankage yard nor shall
they be situated less than 4 feet from side or rear lot lines, nor less than 8 feet
from the dwelling unit.
7.7
R-1 ZONE REQUIREMENTS, FOREST HILLS (RC-Jul 5/11;E-Oct 8/11)
(a)
For existing properties developed with single unit dwellings on lots of 40 foot
frontage in Forest Hills as shown on a subdivision plan, and for any new lots
to be created on the west side of Broom Road, no development permit shall be
issued except in conformity with the following:
Minimum Lot Area:
4,000 square feet (372m2)
Minimum Frontage:
40 feet (12.2m)
Cole Harbour/Westphal Land Use By-law
Page 51
Minimum Front Yard
20 feet (6.1m)
Minimum Rear Yard
15 feet (4.6m)
Minimum Side Yard
4 feet (1.2m) on one side and 8 feet (2.4m) on the
other to maintain a minimum separation of 12 feet
(3.7m) between houses
Minimum Flankage Yard 20 feet (4.6m)
Maximum Lot Coverage
35 percent
Max. Height of Main
Building:
30 feet (9.1m), as measured from established
grade on front façade."
Cole Harbour/Westphal Land Use By-law
Page 52
PART 8:
R-2 (TWO UNIT DWELLING) ZONE
8.1
R-2 USES PERMITTED
No development permit shall be issued in any R-2 (Two Unit Dwelling) Zone except for
the following:
Residential Uses
Single unit dwellings;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling
unit; (RC-Aug 9/22;E-Sep 15/22)
Two unit dwellings;
Multiple unit dwellings containing 3 or 4 dwelling units within the Urban Service
Area; (RC-May 23/24;E-Jun 13/24)
Home business uses in conjunction with permitted single unit dwellings
Day care facilities for not more than five (5) children and in conjunction with permitted
two unit dwellings
Home offices in conjunction with permitted two unit dwellings (CHWEPCBCC-Mar
7/96;E-Mar 31/96)
Community Uses
Open space uses
8.2
R-2 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-2 Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Single Unit Dwelling
Two Unit Dwelling and
Multiple Unit Dwelling
(RC-May
23/24;E-Jun
13/24)
Minimum Lot Area
6,000 square feet
7,000 square feet (650.3 m2)
(557.4 m2) where
or 3,500 square feet (325.2
central services are
m2) per dwelling unit where
available; otherwise
each dwelling unit is
20,000 square feet
located on a separate lot
(1858.1 m2)
and where central services
(RC-May23/24;E-Jun13/24)are available; otherwise
20,000 square feet (1858.1
m2) (RC-May 23/24;E-
Jun 13/24)
Minimum Frontage
60 feet (18.3 m)
70 feet (21.3 m), or 35 feet
where central
(10.7 m) per unit where each
services are available;
dwelling unit is located on
otherwise 100 feet
a separate lot and where
Cole Harbour/Westphal Land Use By-law
Page 53
(30.5 m)
central services are available;
otherwise 100 feet (30.5 m)
Minimum Front or
Flankage Yard
20 feet (6.1 m)
30 feet (9.1 m)
Single Unit Dwelling
Two Unit Dwelling
Minimum Rear or
Side Yard
8 feet (2.4 m)
10 feet (3 m), and the side
yard shall be reduced to zero
(0) on the side being common
with another dwelling unit
Maximum Lot
Coverage
35 percent
35 percent
Maximum Height
of Main Building
35 feet (10.7 m)
35 feet (10.7 m)
8.3
OTHER REQUIREMENTS: HOME BUSINESS USES
Where home business uses are permitted in any R-2 Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which is the principal
residence of the operator of the business.
(b)
No accessory building shall be used for the storage or display of materials, goods,
supplies or equipment related to the operation of the business.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
any business use, and in no case shall any business use occupy more than three
hundred (300) square feet (27.9 m2) gross floor area.
(d)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(e)
No outdoor storage or display of materials, goods, supplies, or equipment related
to the operation of the business use shall be permitted.
(f)
No more than one (1) sign, which shall be affixed to the main dwelling, shall be
permitted for any business and no such sign shall exceed two (2) square feet (0.2
m2) in area.
(g)
One (1) off-street parking space, other than that required for the dwelling shall be
provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area
devoted to any business.
(h)
No exterior alterations to the dwelling related to the business use shall be permitted
except to meet fire safety, structural safety, or health regulations.
(i)
No retail operation shall be permitted except where retail is accessory to a business
use which involves the production of goods or crafts or the provision of a service.
8.3A OTHER REQUIREMENTS: HOME OFFICES
(CHWEPCBCC-Mar 7/96;E-Mar 31/96)
Where home offices are permitted in any R-2 Zone, the following shall apply:
Cole Harbour/Westphal Land Use By-law
Page 54
(a)
Any home office shall be wholly operated within the dwelling which is the
principal residence of the operator of the home office;
(b)
No accessory building shall be used for the storage or display of materials,
goods, supplies or equipment related to the operation of the home office;
(c)
No more than twenty-five (25) percent of the gross floor area shall be devoted
to any home office, and in no case shall any home office occupy more than
three hundred (300) square feet (27.9 m2) of gross floor area;
(d)
No mechanical equipment shall be permitted;
(e)
No outdoor storage or display shall be permitted;
(f)
No more than one (1) sign, which shall be affixed to the main dwelling, shall
be permitted for any home office and no such sign shall exceed two (2) square
feet (0.2 m2) in area;
(g)
One (1) off-street parking space, other than that required for the dwelling shall
be provided;
(h)
No exterior alterations to the dwelling related to the home office shall be
permitted except to meet fire safety, structural safety, or health regulations;
and
(i)
No retailing shall be permitted.
8.4
R-2 ZONE REQUIREMENTS: COMMUNITY USES
In any R-2 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 20.
8.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-2 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling, which is the principal residence of the operator of
the facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any facility and no such sign shall
exceed two (2) square feet (0.2 m2) in area.
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided.
8.6
EXISTING MULTIPLE UNIT DWELLINGS
Notwithstanding Section 8.1, existing multiple unit dwellings shall be a permitted use
within the R-2 Zone. Subject to the requirements of Section 8.2 and the maximum number
of units permitted within the identified existing multiple unit dwellings shall be as follows:
Maximum Number
Civic Address
LRIS No.
of Dwelling Units
156 Atholea Drive
40059958
3
29 Beaver Crescent
40059842
9
Cole Harbour/Westphal Land Use By-law
Page 55
8.7
EXEMPTION: EXISTING R-2 ZONED LOTS (HECC-Jun 4/98;E-Jul 5/98)
(a)
Notwithstanding the requirements of Section 8.2, where uses are permitted as
Residential Uses on any developed R-2 zoned lands, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
6,000 square feet (557.4 m2) or 3,000
square feet (278,7 m2) per dwelling unit
where each dwelling unit of a two unit
dwelling is located on a separate lot and
where central services are available;
20,000 square feet (1858.1 m2) where
central services are not available
Minimum Frontage:
60 feet (18.3 m), or 30 feet (9.1 m) per unit
where each dwelling unit of a two unit
dwelling is located on a separate lot and
where central services are available;
100 feet (30.5 m) where central services
are not available.
Minimum Front or
Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m) or 0.0 feet (0.0 m) from the
side being common with another dwelling
unit.
Maximum Lot Coverage
35 percent
Maximum Height of Main
Building
35 feet (10.7 m)
(b)
For the purposes of Subsection 8.7(a), "developed R-2 zoned lands" shall
include any R-2 (Two Unit Dwelling) zoned lands for which a completed
tentative or final plan of subdivision application was submitted in accordance
with the requirements of the Subdivision By-law, prior to the date of the first
publication of the notices of the intention to adopt this by-law.
Cole Harbour/Westphal Land Use By-law
Page 56
PART 9:
R-3 (MOBILE DWELLING) ZONE
9.1
R-3 USES PERMITTED
No development permit shall be issued in any R-3 (Mobile Dwelling) Zone except for the
following:
Residential Uses
Single unit dwellings;
Two unit dwellings within the Urban Service Area;
Multiple unit dwellings containing 3 or 4 dwelling units within the Urban Service
Area; (RC-May 23/24;E-Jun 13/24)
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling
unit; (RC-Aug 9/22;E-Sep 15/22)
Home business uses in conjunction with permitted dwellings;
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings.
Community Uses
Open space uses;
9.2
R-3 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-3 Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
9.3
OTHER REQUIREMENTS: HOME BUSINESS USES
Where home business uses are permitted in any R-3 Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which is the principal
residence of the operator of the business.
(b)
No accessory building shall be used for the storage or display of materials, goods,
supplies or equipment related to the operation of the business.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
any business use, and in no case shall any business use occupy more than three
hundred (300) square feet (27.9 m2) gross floor area.
(d)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(e)
No outdoor storage or display of materials, goods, supplies, or equipment related
to the operation of the business use shall be permitted.
Cole Harbour/Westphal Land Use By-law
Page 57
(f)
No more than one (1) sign, which shall be affixed to the main dwelling, shall be
permitted for any business and no such sign shall exceed two (2) square feet (0.2
m2) in area.
(g)
One (1) off-street parking space, other than that required for the dwelling shall be
to any business.
(h)
No exterior alterations to the dwelling related to the business use shall be permitted
except to meet fire safety, structural safety, or health regulations.
(i)
No retail operation shall be permitted except where retail is accessory to a business
use which involves the production of goods or crafts or the provision of a service.
9.4
R-3 ZONE REQUIREMENTS: COMMUNITY USES
In any R-3 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 20.
9.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-3 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling, which is the principal residence of the operator of
the facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any facility and no such sign shall
exceed two (2) square feet (0.2 m2) in area.
(d)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided.
Cole Harbour/Westphal Land Use By-law
Page 58
PART 10: R-4 (MULTIPLE UNIT DWELLING) ZONE
10.1
R-4 USES PERMITTED
No development permit shall be issued in any R-4 (Multiple Unit Dwelling) Zone except
for the following:
Residential Uses
Multiple unit dwellings containing up to six (6) dwelling units;
Shared housing use with 15 or fewer bedrooms; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities in conjunction with permitted dwellings;
Existing multiple unit dwellings containing more than six (6) dwelling units.
Community Uses
Open space uses
10.2
R-4 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-4 Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
6,000 square feet (577.4 m2) plus 1,500
square feet (139.4 m2) per dwelling unit for
each unit in excess of the first three (3) units
Minimum Frontage
60 feet (18.3 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
1/2 the height of the main building
Maximum Lot Coverage
50 percent
Maximum Height of Main Building
35 feet (10.7 m)
Maximum Height of Multiple Unit
Dwelling with more than 4 units
3 Storeys (RC-Dec 11/25;E-Feb 2/26)
10.2A R-4 ZONE REQUIREMENTS - PID 40568933 (RC-Sep 22/20;E-Nov 14/20)
Notwithstanding Section 10.2, where R-4 uses are permitted on the lands at PID
40568933, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area:
7,000 square feet (650.3 m2)
Minimum Frontage:
60 feet (18.3m)
Minimum Front Yard:
23 feet (7m) on Auburn Drive
Minimum Rear Yard:
7.8 feet (2.4m)
Minimum Side Yard:
9 feet (2.7m)
Minimum Flankage Yard:
13 feet (4m) on Quindora Crescent
Maximum Lot Coverage:
35% percent
Max. Height of Main Building:
35 feet (10.7m)
Maximum Height of Multiple Unit
Dwelling with more than 4 units
3 Storeys (RC-Dec 11/25;E-Feb 2/26)
Cole Harbour/Westphal Land Use By-law
Page 59
10.3
OTHER REQUIREMENTS: MULTIPLE UNIT DWELLINGS AND SHARED
HOUSING USES (RC-Aug 9/22;E-Sep 15/22)
Where multiple unit dwellings and shared housing uses (RC-Aug 9/22;E-Sep 15/22) are
erected in any R-4 Zone, the following shall apply:
(a)
An amenity area of not less than one hundred (100) square feet (9.3 m2) per
dwelling unit or 100 square feet per bedroom in a shared housing use,
whichever is greater, (RC-Aug 9/22;E-Sep 15/22) shall be provided.
(b)
No portion of any parking space shall be located within the required front yard.
(c)
Where any R-4 Zone abuts any other residential zone, no portion of any parking
space shall be located within any required side or rear yard except where a fence or
other visual and physical barrier is provided in which case no portion of any parking
space shall be located within five (5) feet (1.5 m) of the side or rear lot line.
10.3A OTHER REQUIREMENTS - PID 40568933 (RC-Sep 22/20;E-Nov 14/20)
Notwithstanding Section 10.3, at PID 40568933, where a multiple unit dwelling is
erected in the R-4 Zone, the following shall apply:
(a)
Parking may be located in the front yard along Auburn Drive and in the
flankage yard along Quindora Crescent.
(b)
Notwithstanding Section 4.25, minimum number of required parking spaces:
1 space per unit.
(c)
Where the R-4 Zone abuts any other residential zone, no portion of any
parking space shall be located within any required rear yard except where a
fence or other visual and physical barrier is provided in which case no portion
of any parking space shall be located within five (5) feet (1.5 m) of the rear lot
line.
(d)
No amenity area shall be required.
10.4
R-4 ZONE REQUIREMENTS: COMMUNITY USES
In any R-4 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 20.
Cole Harbour/Westphal Land Use By-law
Page 60
PART 11: R-5 (ROWHOUSE DWELLING) ZONE
11.1
R-5 USES PERMITTED
No development permit shall be issued in any R-5 (Rowhouse Dwelling) Zone except for
the following:
Residential Uses
Rowhouse dwellings.
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit. (RC-Aug 9/22;E-Sep 15/22)
Community Uses
Open space uses.
11.2
R-5 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-5 Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
2,000 square feet (1858.1 m2) per dwelling unit
where each dwelling unit of a rowhouse dwelling
is located on a separate lot and where central
services are available
Minimum Frontage
20 feet (6.1 m) per dwelling unit where each
dwelling unit of a rowhouse dwelling is located on
a separate lot and where central services are
available
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear Yard
8 feet (2.4 m)
Minimum Side Yard
10 feet (3 m) or 0.0 feet (0.0 m) from the side being
common with another dwelling unit
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
11.3
OTHER REQUIREMENTS: ROWHOUSE DWELLINGS
Where rowhouse dwellings are erected in any R-5 Zone, no such building shall:
(a)
include more than eight (8) dwelling units;
(b)
be designed so that more than two (2) dwelling units are constructed to a building
line which is less than two (2) feet (0.2 m) in variation from the building line of any
unit abutting either of the two units; and
(c)
undergo any exterior alteration to individual units after construction.
11.4
R-5 ZONE REQUIREMENTS: COMMUNITY USES
In any R-5 zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 20.
Cole Harbour/Westphal Land Use By-law
Page 61
PART 12: R-6a (RURAL RESIDENTIAL SINGLE UNIT DWELLING)
ZONE
12.1
R-6a USES PERMITTED
No development permit shall be issued in any R-6a (Rural Residential Single Unit
Dwelling Zone except for the following:
Residential Uses
Single unit dwellings;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings;
Home business uses in conjunction with permitted dwellings;
Existing two unit dwellings.
Community Uses
Open space uses
12.2
R-6a ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-6a Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
12.3
OTHER REQUIREMENTS: HOME BUSINESS USES
Where home business uses are permitted in any R-6a Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which is the principal
residence of the operator of the business.
(b)
No accessory building shall be used for the storage or display of materials, goods,
supplies or equipment related to the operation of the business.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
any home business use, and in no case shall any business use occupy more than
three hundred (300) square feet (27.9 m2) gross floor area.
(d)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(e)
no outdoor storage or display of materials, goods, supplies, or equipment related to
the operation of the home business use shall be permitted.
Cole Harbour/Westphal Land Use By-law
Page 62
(f)
No more than one (1) sign, which shall be affixed to the main dwelling, shall be
permitted for any home business and no such sign shall exceed two (2) square feet
(0.2 m2) in area.
(g)
One (1) off-street parking space, other than that required for the dwelling shall be
to any home business.
(h)
No exterior alterations to the dwelling related to the home business use shall be
permitted except to meet fire safety, structural safety, or health regulations.
(i)
No retail operation shall be permitted except where retail is accessory to a home
business use which involves the production of goods or crafts or the provision of a
service.
12.4
OTHER REQUIREMENTS: COMMUNITY USES
In any R-6a Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 20.
12.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-6a Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling, which is the principal residence of the operator of
the facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any facility and no such sign shall
exceed two (2) square feet (0.2 m2) in area.
(d)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided.
Cole Harbour/Westphal Land Use By-law
Page 63
PART 13: R-6 (RURAL RESIDENTIAL) ZONE
13.1
R-6 USES PERMITTED
No development permit shall be issued in any R-6 (Rural Residential) Zone except for the
following:
Residential Uses
Single unit dwellings;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
Two unit dwellings;
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings;
Home business uses in conjunction with permitted dwellings.
Community Uses
Open space uses
13.2
R-6 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-6 Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
13.3
OTHER REQUIREMENTS: HOME BUSINESS USES
Where business uses are permitted in any R-6 Zone, the following shall apply:
(a)
Any home business shall be wholly contained within the dwelling which is the
principal residence of the operator of the business.
(b)
No accessory building shall be used for the storage or display of materials, goods,
supplies or equipment related to the operation of the business.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
any business use, and in no case shall any business use occupy more than three
hundred (300) square feet (27.9 m2) gross floor area.
(d)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(e)
No outdoor storage or display of materials, goods, supplies, or equipment related
to the operation of the business use shall be permitted.
Cole Harbour/Westphal Land Use By-law
Page 64
(f)
No more than one (1) sign, which shall be affixed to the main dwelling, shall be
permitted for any business and no such sign shall exceed two (2) square feet (0.2
m2) in area.
(g)
One (1) off-street parking space, other than that required for the dwelling shall be
provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area
devoted to any business.
(h)
No exterior alterations to the dwelling related to the business use shall be permitted
except to meet fire safety, structural safety, or health regulations.
(i)
No retail operation shall be permitted except where retail is accessory to a business
use which involves the production of goods or crafts or the provision of a service.
13.4
OTHER REQUIREMENTS: COMMUNITY USES
In any R-6 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 20.
13.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-6 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling, which is the principal residence of the operator of
the facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any facility and no such sign shall
exceed two (2) square feet (0.2 m2) in area.
(d)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided.
Cole Harbour/Westphal Land Use By-law
Page 65
PART 14: R-7 (RURAL ESTATE) ZONE
14.1
R-7 USES PERMITTED
No development permit shall be issued in any R-7 (Rural Estate) Zone except for the
following:
Residential Uses
Single unit dwellings;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
Home business uses in conjunction with permitted dwellings;
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings.
Community Uses
Open space uses
14.2
R-7 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-7 Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
80,000 square feet (7432.2 m2)
Minimum Frontage
200 feet (61 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
14.3
OTHER REQUIREMENTS: HOME BUSINESS USES
Where home business uses are permitted in any R-7 Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which is the principal
residence of the operator of the business.
(b)
No accessory building shall be used for the storage or display of materials, goods,
supplies or equipment related to the operation of the business.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
any business use, and in no case shall any business use occupy more than three
hundred (300) square feet (27.9 m2) gross floor area.
(d)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(e)
No outdoor storage or display of materials, goods, supplies, or equipment related
to the operation of the business use shall be permitted.
(f)
No more than one (1) sign, which shall be affixed to the main dwelling, shall be
permitted for any business and no such sign shall exceed two (2) square feet (0.2
m2) in area.
Cole Harbour/Westphal Land Use By-law
Page 66
(g)
One (1) off-street parking space, other than that required for the dwelling shall be
provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area
devoted to any business.
(h)
No exterior alterations to the dwelling related to the business use shall be permitted
except to meet fire safety, structural safety, or health regulations.
(i)
No retail operation shall be permitted except where retail is accessory to a business
use which involves the production of goods or crafts or the provision of a service.
14.4
OTHER REQUIREMENTS: COMMUNITY USES
In any R-7 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 20.
14.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-7 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling, which is the principal residence of the operator of
the facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any facility and no such sign shall
exceed two (2) square feet (0.2 m2) in area.
(d)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided.
Cole Harbour/Westphal Land Use By-law
Page 67
NOTE: THIS ZONE HAS BEEN INCLUDED FOR CONVENIENCE ONLY AND DOES
NOT FORM A LEGAL PART OF THIS DOCUMENT. FOR ACCURACY,
REFERENCE SHOULD BE MADE TO THE DOCUMENT APPROVED BY
THE MINISTER IN 1982
PART 15: R-8 (SPECIAL AREA) ZONE
15.1
R-8 USES PERMITTED
No development permit shall be issued in any R-8 (Special Area) Zone except for the
following:
Residential Uses
Existing dwellings;
Uses accessory to permitted dwellings;
Home business uses in conjunction with permitted dwellings;
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings.
Resource Uses
Existing agricultural uses
Uses accessory to permitted agricultural uses
Community Uses
Open space uses
15.2
R-8 ZONE REQUIREMENTS: RESIDENTIAL AND RESOURCE USES
In any R-8 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
15.3
OTHER REQUIREMENTS: HOME BUSINESS USES
Where home business uses are permitted in any R-8 Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which is the principal
residence of the operator of the business.
(b)
No accessory building shall be used for the storage or display of materials, goods,
supplies or equipment related to the operation of the business.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
(300) square feet (27.9 m2) gross floor area.
Cole Harbour/Westphal Land Use By-law
Page 68
(d)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(e)
No outdoor storage or display of materials, goods, supplies, or equipment related
to the operation of the business use shall be permitted.
(f)
No more than one (1) sign, which shall be affixed to the main dwelling, shall be
permitted for any business and no such sign shall exceed two (2) square feet (0.2
m2) in area.
(g)
One (1) off-street parking space, other than that required for the dwelling shall be
provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area
devoted to any business.
(h)
No exterior alterations to the dwelling related to the business use shall be permitted
except to meet fire safety, structural safety, or health regulations.
(i)
No retail operation shall be permitted except where retail is accessory to a business
use which involves the production of goods or crafts or the provision of a service.
15.4
OTHER REQUIREMENTS: COMMUNITY USES
In any R-8 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 19.
15.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-8 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling, which is the principal residence of the operator of
the facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any facility and no such sign shall
exceed two (2) square feet (0.2 m2) in area.
(d)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided.
Cole Harbour/Westphal Land Use By-law
Page 69
Part 15A: MOD (Mixed Opportunity District) Zone
15A.1
USES PERMITTED
15A.1.1 No development permit shall be issued within Sub Area A of any MOD Zone, as
shown on Schedule E, except for the following:
Low-Rise Residential Uses
Townhouse dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Daycare facilities in conjunction with permitted dwellings
Home business or home office uses in conjunction with permitted dwellings
Mid-Rise Residential Uses
Multiple unit dwellings
Commercial Uses
Food stores
Personal service shops
Retail stores
Offices
Restaurants except drive-through restaurants
Institutional Uses
Educational institutions and uses
Daycare facilities
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
Medical clinics
Museums and galleries
Community Uses
Community centres and halls
Recreation uses
Commercial recreation uses
Open space uses
15A.1.2 No development permit shall be issued within Sub Area B of any MOD Zone, as
shown on Schedule E, except for the following:
Low-Rise Residential Uses
Single unit dwellings
Two unit dwellings
Townhouse dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Daycare facilities in conjunction with permitted dwellings
Home business or home office uses in conjunction with permitted dwellings
Cole Harbour/Westphal Land Use By-law
Page 70
Mid-rise Residential Uses
Multiple unit dwellings
Commercial Uses
Food stores
Personal service shops
Retail stores
Offices
Restaurants
Hotels
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
Institutional Uses
Educational institutions and uses
Daycare facilities
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
Medical clinics
Museums and galleries
Community Uses
Community centres and halls
Recreation uses
Commercial recreation uses
Open space uses
Mixed Use Buildings
Mixed use buildings containing residential units and one or more of the following:
commercial, institutional or community uses
15A.1.3 No development permit shall be issued within Sub Area C of any MOD Zone, as
shown on Schedule E, except for the following:
Low-Rise Residential Uses
Single unit dwellings
Two unit dwellings
Townhouse dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Daycare facilities in conjunction with permitted dwellings
Home business or home office uses in conjunction with permitted dwellings
Community Uses
Open Space Uses
15A.1.4 Prior to issuing a development permit, the following uses shall be subject to the Site
Plan Approval process:
Cole Harbour/Westphal Land Use By-law
Page 71
Within Sub Area A of Schedule E
Townhouse dwellings
Multiple unit dwellings
Food stores
Personal service shops
Retail stores
Offices
Restaurants except drive-through restaurants
Shared housing use with greater than 10 bedrooms (RC-Aug 9/22;E-Sep 15/22)
Commercial recreation uses
Within Sub Area B of Schedule E
Townhouse dwellings
Multiple unit dwellings
Food stores
Personal service shops
Retail stores
Offices
Restaurants
Hotels
Educational institutions and uses
Daycare facilities
Shared housing use with greater than 10 bedrooms (RC-Aug 9/22;E-Sep 15/22)
Medical clinics
Commercial recreation uses
Mixed use buildings containing residential units and any one or more of the
following: commercial, institutional or community uses
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
Within Sub Area C of Schedule E
Townhouse dwellings
15A.1.5 Notwithstanding Sections 15A.1.1, 15A.1.2 and 15A.1.3, driveway access to a use
permitted in a specific Sub Area of the MOD Zone shall be permitted within any
Sub Area of the MOD Zone.
15A.2
MOD ZONE GENERAL REQUIREMENTS
15A.2.1 More than one main use or building may be allowed on a lot zoned MOD provided
that a development permit or site plan application includes a plan showing each
building on its own potential lot. A potential lot shall meet all the requirements of
the MOD Zone. For any building located behind another main building, no lot
frontage on a public street shall be required.
15A.2.2 Streets and Driveways Network
15A.2.2.1 Prior to the issuance of a development permit for any new building or use within,
or partially within, Sub Areas B and C, a traffic impact study prepared by a
Cole Harbour/Westphal Land Use By-law
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Professional Engineer shall be required that meets the most current edition of the
Municipal Design Guidelines and Municipal Traffic Impact Guidelines and that
includes analysis of the following:
(a)
The proposed land uses and density for all lands zoned MOD;
(b) The proposed transportation network on all lands zoned MOD including
proposed public streets, private shared driveways, active transportation
connections, and allowances for future connections;
(c)
Lands reserved for future connections to adjacent lands;
(d) Phasing for construction of proposed transportation network including when
a second access to an existing public street will be constructed;
(e)
Site access including a sightline assessment, access dimensions and intersection
controls like lane usage and traffic signals;
(f)
The conditions of the existing intersections adjacent to the site including the
signalised intersection at Highway 7 and Westphal Way; and
(g)
If upgrades to existing infrastructure are required, and when required
upgrades will be undertaken.
15A.2.2.2 Access to a Public Street:
(a)
In any MOD Zone, one access to a public street shall serve no more than
the equivalent of 250 residential units.
(b)
For the purpose of subsection (a), 1 residential unit shall be equivalent to
74.3 sq. m. (800 sq. ft.) of any other permitted use.
15A.2.2.3 In any MOD Zone, more than one main use or building may share access to a
public street over a private shared driveway.
15A.2.2.4 Private shared driveways within the MOD Zone shall meet the following
standards:
(a)
Private shared driveways shall be designed and constructed with a paved
asphalt surface or other stable ground, in consultation with the HRM
Development Engineer and HRM Fire Services, to adequately support the
loads produced by emergency and fire equipment.
(b)
Private shared driveways shall be designed in accordance with the
following:
Minimum clear width
27 m (88.6 ft.)
Minimum width of travel lane in each
direction
3 m (9.8 ft.)
Minimum clearance width (shoulders)
on both sides of travel lanes
1.5 m (4.9 ft.)
Minimum centre line radius to the
edge of asphalt
13 m (42.6 ft.)
Minimum centre line radius to the
outside of shoulder
15 m (49.2 ft.)
Minimum overhead clearance
5 m (16.4 ft.)
Maximum change in gradient
1 in 12.5 over a minimum
distance of 15 m (49.2 ft.)
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(c)
The minimum width requirements of subsection (b) shall not include
required parking.
(d)
Driveway accesses shall provide clear unobstructed access for firefighting
and emergency response equipment.
15A.2.3
Parking and Loading
(a)
Required off-street parking may be permitted in a shared parking lot
where multiple buildings are located on the same lot or where buildings
are located on abutting lots or potential lots zoned MOD.
(b)
Off-street loading space shall not be counted as off-street parking and off-
street parking shall not be counted as off-street loading space.
(c)
All parking lots including driveways and manoeuvring areas shall be
maintained with a permanent hard surface and shall be defined by a
concrete curb, ornamental brick, planting or other landscaped feature.
15A.3
MOD ZONE REQUIREMENTS: RESIDENTIAL USES
15A.3.1
In any MOD Zone, no development permit shall be issued for any residential use
except in conformity with the following:
Single Unit
Dwellings
Two Unit
Dwellings
Townhouse
Dwellings
Multiple Unit
Dwellings /
Mixed Use
Buildings
Minimum Lot
Area
1,858 sq. m
(20,000 sq.
ft.) where
each dwelling
is serviced by
an individual
septic system
or as
required for
on-site septic
approval,
whichever is
greater; or
929 sq. m
(10,000 sq.
ft.) per unit
where
dwellings are
serviced by a
shared septic
system or as
required for
on-site septic
approval,
929 sq. m
(10,000 sq.
ft.) per unit
or as
required for
on-site septic
approval,
whichever is
greater
929 sq. m
(10,000 sq.
ft.) per unit
or as
required for
on-site
septic
approval,
whichever is
greater
11,613 sq. m
(125,000 sq. ft.)
or as required
for on-site
septic
approval,
whichever is
greater
Cole Harbour/Westphal Land Use By-law
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whichever is
greater
Minimum Lot
Frontage
30.5 m (100
ft.)
30.5 m (100
ft.)
30.5 m (100
ft.)
30.5 m (100 ft.)
Minimum
Frontage per
Unit
15.25 m (50
ft.)
6.1 m (20 ft.) -
Minimum
Front or
Flankage Yard
6.1 m (20 ft.)
9.1 m (30 ft.)
Minimum
Rear or Side
Yard
2.4 m (8 ft.)
3 m (10 ft.) or 0.0 ft. (0.0 m)
from the side being
common with another
dwelling unit
½ the height of
the building
Minimum
Separation
Distance
Between
Dwellings
4.8 m (16 ft.)
6.1 m (20 ft.)
The height of
the building or
as required
under the
National
Building Code,
whichever is
greater
Maximum Lot
Coverage
35 percent of the lot or potential lot required under Section
15A.2.1
Maximum
Height
10.7 m (35 ft.)
See Section
15A.3.2
See Section
15A.3.3
15A.3.2
OTHER REQUIREMENTS: TOWNHOUSE DWELLINGS
Where townhouse dwellings are erected in any MOD Zone, the following shall
apply:
Building Form
(a)
Notwithstanding Section 2.17 (g), more than one townhouse dwelling unit
may be located on a lot or potential lot.
(b)
No building shall include more than 6 townhouse dwelling units.
(c)
No building containing a townhouse shall exceed 10.7 m (35 ft.) in height.
Building Design
(d)
Townhouse dwellings shall incorporate at least 2 of the following design
elements:
(i) covered entrance
with a canopy, awning, recess or
similar design feature to provide
weather protection;
(ii) projecting or recessed
such as wall projections and
indentations, offsets balconies, bay
windows, cantilevered floors, cupolas,
or dormers;
(iii) varying roof planes
using gables, turrets, roof projections,
Cole Harbour/Westphal Land Use By-law
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variations in cornice lines, dormers,
cupolas, belvederes or similar
architectural features; or
(iv)
mixed architectural
including varied cladding
materials and features
textures, window treatments, or
changes in colour.
Amenity Area
(e)
A minimum of 12 sq. m (129 sq. ft.) of private amenity area shall be
provided for each dwelling unit for private use by occupants of the
individual dwelling unit.
(f)
Any required private amenity area shall be located on the potential lot
containing the townhouse dwelling that the private amenity area serves.
(g)
Driveways and front yards of abutting units may be twinned to provide
larger front yards suitable for landscaping and planting.
15A.3.3
OTHER REQUIREMENTS: MULTIPLE UNIT DWELLINGS, EXCEPT FOR
TOWNHOUSE DWELLINGS, AND MIXED USE BUILDINGS
Where multiple unit dwellings or mixed use buildings, except for townhouse
dwellings, are erected in any MOD Zone, the following shall apply:
Building Form
(a)
No building footprint shall exceed 929 sq. m (10,000 sq. ft.);
(b)
No building shall exceed 13.7 m (45 ft.) in height;
(ba)
Notwithstanding clause (b), the height of a mid-rise multiple unit building
with more than 4 units shall not exceed 4 storeys; (RC-Dec 11/25;E-Feb
2/26)
(c)
Non-residential uses shall only be permitted on the ground floor of any
mixed use building;
Building Design
(d)
Main entrances shall be covered with a canopy, awning, recess or similar
design feature to provide weather protection;
(e)
To mitigate the actual and perceived bulk of building massing, any street-
facing or private-shared-driveway-facing facades shall be designed
through architectural elements to be visually broken into smaller parts
using any 2 of the following:
(i)
projecting or recessed
such as wall projections and
offsets
indentations, balconies, bay
windows, cantilevered floors,
cupolas, or dormers;
(ii)
varying roof planes
using gables, turrets, roof
projections, variations in cornice
lines, dormers, cupolas, belvederes
or similar architectural features;
or
(iii)
varied architectural
including varied cladding
Cole Harbour/Westphal Land Use By-law
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features
materials and textures, window
treatments, or changes in colour.
(f)
All rooftop equipment, including satellite and other telecommunication
equipment for private use, air handling units, elevator equipment, cooling
towers and exhaust fans, shall be visually screened from the street or
private shared driveway.
Amenity Areas
(g)
An average of 2 sq. m (21.5 sq. ft.) of private amenity area per unit shall
be provided for a multiple unit dwelling or mixed use building. Where
provided, private amenity areas shall have a minimum depth of 1.8 m;
(h)
Indoor or outdoor common amenity areas shall be provided for use by all
residents of a development in accordance with the following:
Multiple unit dwelling or mixed use the greater of 100 sq. m or
building with 8 residential units or
5 sq. m per 1 bedroom unit,
more
10 sq. m per 2 bedroom unit,
15 sq. m per 3+ bedroom unit, and
5 sq. m per bedroom in a shared
housing use (RC-Aug 9/22;E-Sep
15/22)
(i)
Common amenity areas shall be located on the same lot or potential lot as
the building or use it is intended to serve or shall be located on an abutting
lot or potential lot zoned MOD.
Access, Parking and Loading Space
(j)
Notwithstanding Section 4.25, the parking requirements for multiple unit
dwellings within the MOD Zone shall be a minimum of 1 space per
dwelling unit.
(k)
Entryways to below-grade parking shall be recessed into the structure;
(l)
Loading docks, overhead doors and other service entries shall be screened
and shall not be located on public street facing facades;
Buffering
(m)
Where a building is within 15.2 m (50 ft.) of a low-rise residential use, the
area between the building and the low-rise residential use shall be
buffered. For the purpose of this section, buffering shall consist of a
grassed landscaped area a minimum 6.1 m (20 ft.) in depth with trees,
shrubs or a combination.
15A.3.4
OTHER REQUIREMENTS: DAYCARE FACILITIES IN CONJUNCTION
WITH PERMITTED DWELLINGS
Where day care facilities in conjunction with permitted dwellings are permitted
in any MOD Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be
wholly contained within the dwelling, which is the principal residence of
the operator of the facility.
(b)
No open storage or outdoor display shall be permitted.
Cole Harbour/Westphal Land Use By-law
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(c)
No more than 1 sign shall be permitted for any facility and no such sign
shall exceed 0.2 sq. m (2 sq. ft.) in area.
(d)
At least 1 off-street parking space, other than that required for the
dwelling, shall be provided.
15A.3.5
OTHER REQUIREMENTS: HOME BUSINESS AND HOME OFFICE USES
Where home business or home office uses are permitted in any MOD Zone, the
following shall apply:
(a)
Any home business or home office use shall be operated within the
dwelling unit which is the principal residence of the operator of the home
business or office;
(b)
No more than 25 percent of the gross floor area shall be devoted to any
business use, and in no case shall any business use occupy more than 27.9
sq. m (300 sq. ft.) of gross floor area;
(c)
No mechanical equipment shall be used except that which is reasonably
consistent with the use of a dwelling and which does not create a nuisance
by virtue of noise, vibration, glare, odour or dust or which is obnoxious;
(d)
No outdoor storage or display of materials, goods, supplies, or equipment
related to the operation of the business use shall be permitted;
(e)
No more than 1 sign, which shall be affixed to the main dwelling, shall be
permitted for any business and no such sign shall exceed 0.2 sq. m (2 sq.
ft.) in area;
(f)
At least 1 off-street parking space, other than that required for the
dwelling, shall be provided for every 13.9 sq. m (150 sq. ft.) of floor area
devoted to any business; and,
(g)
No retail operation shall be permitted except where retail is accessory to a
business use which involves the production of goods or crafts or the
provision of a service.
15A.4
MOD ZONE REQUIREMENTS: COMMERCIAL AND INSTITUTIONAL
USES
15A.4.1
In any MOD Zone, no development permit shall be issued for any commercial or
institutional use except in conformity with the following:
Minimum Lot Area
1858.1 sq. m (20,000 sq. ft.) or as
required for on-site septic approval,
whichever is greater
Minimum Frontage
30.5 m (100 ft.)
Minimum Front or Flankage Yard
7.6 m (25 ft.)
Minimum Rear or Side Yard
4.6 m (15 ft.)
Maximum Lot Coverage
50 percent
Maximum Height
10.7 m (35 ft.)
Maximum Building Footprint
929 sq. m (10,000 sq. ft.)
15A.4.2
Where a building is within 15.2 m (50 ft.) of a low-rise residential use, the area
between the building and the low-rise residential use shall be buffered. For the
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purpose of this section, buffering shall consist of a grassed landscaped area a
minimum 6.1 m (20 ft.) in depth with trees, shrubs or a combination.
15A.4.3
OTHER REQUIREMENTS: HOTELS AND SHARED HOUSING WITH
SPECIAL CARE (RC-Aug 9/22;E-Sep 15/22)
Where hotels or shared housing with special care (RC-Aug 9/22;E-Sep 15/22) are
erected in any MOD Zone, the following shall apply:
Building Form
(a)
No building footprint shall exceed 929 sq. m (10,000 sq. ft.);
(b)
No building shall exceed 13.7 m (45 ft.) in height;
Building Design
(c)
Main entrances shall be covered with a canopy, awning, recess or similar
design feature to provide weather protection;
(d)
To mitigate the actual and perceived bulk of building massing, any street-
facing or private-shared-driveway-facing facades shall be designed
through architectural elements and be visually broken into smaller parts
using any 2 of the following:
(i)
projecting or recessed
such as wall projections and
offsets
indentations, balconies, bay
windows, cantilevered floors,
cupolas, or dormers;
(ii)
varying roof planes
using gables, turrets, roof
projections, variations in cornice
lines, dormers, cupolas, belvederes
or similar architectural features;
or
(iii)
varied architectural
including varied cladding
features
materials and textures, window
treatments, or changes in colour.
(e)
All rooftop equipment, including satellite and other telecommunication
equipment for private use, air handling units, elevator equipment, cooling
towers and exhaust fans, shall be visually screened from the street by the
roof structure.
Amenity Area
(f)
The greater of 100 sq. m or 5 sq. m of indoor or outdoor common amenity
area shall be provided for every 92.9 sq. m (1,000 sq. ft.) of gross floor area
of a shared housing with special care use. (RC-Aug 9/22;E-Sep 15/22)
(g)
Common amenity areas shall be located on the same lot or potential lot as
the shared housing with special care use (RC-Aug 9/22;E-Sep 15/22) it is
intended to serve.
Access, Parking and Loading Space
(h)
Entryways to below-grade parking shall be recessed into the structure;
and
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(i)
Loading docks, overhead doors and other service entries shall be screened
and shall not be located on public street facing facades;
15A.5
MOD ZONE REQUIREMENTS: COMMUNITY USES
15A.5.1
In any MOD Zone, where community uses are permitted, no development permit
shall be issued except in conformity with the provisions of Part 21 apart from the
requirements for frontage.
15A.6
MOD
ZONE
REQUIREMENTS:
ACCESSORY
BUILDINGS
AND
STRUCTURES
15A.6.1
Notwithstanding Section 4.11 (a), accessory uses, buildings and structures in any
MOD Zone shall be permitted but shall not:
(a)
be built closer to the public street or private shared driveway than the
minimum required for the main building or use;
(b)
be built closer than 2.4 m (8 ft.) of any lot or potential lot line;
(c)
be built within 2.4 m (8 ft.) of a residential use or 3.7 m (12 ft.) of any other
use;
(d)
be built within 2.4 m (8 ft.) of any other accessory building or structure;
(e)
be greater than 4.57 m (15 ft.) in height; and
(f)
have a footprint greater than 70 sq. m (750 sq. ft.).
15A.7
MOD ZONE REQUIREMENTS: SITE PLAN APPROVAL
15A.7.1
Provisions of the MOD Zone shall not be varied by site plan approval.
15A.7.2
An application for a use subject to site plan approval shall include the following:
(a)
Dimensions and area of the development site;
(b)
A description of the proposed development including the following:
(i)
proposed and surrounding land uses;
(ii)
number, size and type of dwelling units including an indication of
the number of bedrooms in each unit;
(iii)
septic systems proposed to service the development including
features associated with such system;
(iv)
measures proposed for the effective drainage of stormwater; and
(v)
details on how private shared infrastructure including private
shared driveways will be maintained in terms of ongoing repairs
and snow clearance.
(c)
A site plan drawn to scale showing the following:
(vi)
location of all existing and proposed buildings and structures on the
lot including their respective uses;
(vii)
location and width of all existing and proposed driveway accesses
to public streets;
(viii) location of all existing and proposed parking including bicycle
parking facilities and loading space;
(ix)
location of all existing and proposed on-site services;
Cole Harbour/Westphal Land Use By-law
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(x)
type, location, and height of walls, fences, hedges, trees, shrubs,
ground cover, or other landscaping;
(xi)
location of common or public outdoor amenity areas;
(xii)
any existing vegetation to be retained;
(xiii) location of all existing and proposed walkways and sidewalks;
(xiv) location of facilities for the storage of solid waste;
(xv)
location of areas that are unsuitable for development as determined
by a land suitability study;
(xvi) location and type of any existing and proposed easements on and
abutting the site;
(xvii) type, location and size of existing sign structures;
(xviii) type and location of lighting in all parking facilities, driveways and
walkways; and
(xix) an overlay of the sub area boundaries shown on Schedule E.
(d)
Front, side and rear building elevations;
(e)
A letter provided by the applicant indicating the owner agrees to maintain
the terms of the site plan;
(f)
Stormwater Management and Erosion and Sedimentation Control Plans
showing the sequence of construction, erosion and sedimentation control
measures, and interim stormwater management measures to be put in
place prior to and during construction;
(g)
A plan showing the sequence of construction including private shared
driveway connections, any upgrades to existing public infrastructure, and
the land uses the driveways are intended to serve;
(h)
A traffic impact study as required under Section 15A.2.2.1. An addendum
to the traffic study may be required at the discretion of the Development
Engineer. Any required addendum to the traffic study shall be prepared
by a Professional Engineer and shall address all matters detailed in Section
15A.2.2.1;
(i)
Design of any private shared driveway prepared by a Qualified
Professional;
(j)
Land suitability study prepared by a Qualified Professional that identifies
areas suitable for development and areas that shall be avoided with
consideration of access to the site, soil conditions, steepness of grades,
geological conditions, locations of watercourses, on-site services, marshes
or bogs, and susceptibility to flooding; and
(k)
Any other information the Development Officer deems necessary to
evaluate the proposal.
15A.7.4
The notification distance for a site plan approval application in the MOD Zone
shall be increased to 100 m (328 ft.) from the property boundary of the lot that is
the subject of the application.
15A.7.5
The Development Officer shall approve a site plan application where the
following matters have been addressed by the applicant:
(a)
Location of Structures on a Lot:
(i)
Buildings shall be located in a matter such that main entrances of a
building shall be parallel to a public street or private shared
Cole Harbour/Westphal Land Use By-law
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driveway unless the areas unsuitable for development, as
determined by a land suitability study, do not permit.
(ii)
The location of buildings shall avoid areas unsuitable for
development as determined by a land suitability study.
(iii)
Buildings that are accessed by the same driveway from a public
street shall be clustered where possible.
(b)
Location of Driveway Accesses
(i)
Where more than one access to a public street is required, the
accesses shall be located at opposite ends of the development.
(c)
Retention of Existing Vegetation and Landscaping Elements
(i)
Existing vegetation shall be retained, except for the development of
permitted uses, amenity areas, landscaped areas, parking,
walkways, public streets or driveway accesses, to buffer the
development from adjacent uses.
(ii)
Outdoor private amenity areas shall include balconies, decks,
landscaped yards, or similar area.
(iii)
Outdoor common amenity area shall include courtyards,
walkways, community gardens, outdoor landscaped gathering
spaces with furniture, or similar area.
(iv)
Landscaped areas shall consist of shrubs, trees, perennials,
annuals, other plantings, grass, mulch, gravel, pavers, natural
ground covers such as water features, stone (washed or flat), mulch,
or combination. Existing trees and shrubs may be incorporated into
the landscaped area.
(v)
Where a parking lot for a medium-rise residential, commercial, or
mixed use building abuts existing residential uses, such parking
facilities shall be screened by a vegetated buffer or fence.
(vi)
Parking lots with 20 or more parking spaces shall have 10 percent
of their area landscaped such that the parking lots do not have
groups of parking spaces greater than 20 in an uninterrupted lot.
(d)
Location of Walkways:
(i)
Walkways shall be provided between the following to develop an
active transportation network on lands zoned MOD:
i.
Medium-rise residential uses and non-residential uses;
ii.
parking lots and the main entrance of a building;
iii.
buildings and the Municipal pedestrian network; and
iv.
buildings and a transit stop.
(ii)
Pedestrian walkways shall be located between pedestrian and
vehicular movements in all parking lots that have greater than 20
parking stalls.
(iii)
Walkways shall be clearly delineated and separate from vehicular
circulation areas by using landscaping, curb, crusher dust, painted
line or a hard surface such as asphalt, pavers, or concrete.
(iv)
Crossing distances of walkways or active transportation
connections over vehicular circulation areas shall be minimised by
Cole Harbour/Westphal Land Use By-law
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crossing at the narrowest part of a parking lot or private shared
driveway.
(v)
Walkways shall be able to accommodate mobility devices such as
walkers, wheelchairs and scooters.
(e)
Type and Location of Outdoor Lighting:
(i)
All lighting devices shall be designed to direct light to driveways,
parking facilities and loading space, building entrances and
walkways, and arranged to divert the light away from streets,
adjacent lots, and buildings.
(ii)
Different types of lighting shall be provided, such as flush mount
lighting for building accent, or ground-oriented lighting along
walkways.
(iii)
Lighting shall comprise full cut-off fixtures that are properly
shielded to reduce the spillover of lighting onto adjacent properties.
(f)
Location of Facilities for the Storage of Solid Waste
(i)
Solid waste storage shall be located so they are not visible from
adjacent uses, surrounding properties, or the public street.
15A.7.6
Provisions for Maintenance
All matters considered by site plan approval shall be adequately maintained.
Parking lots shall make provisions for the stockpiling of snow to prevent the
reduction in the number of parking spaces and obstruction of loading areas.
15A.7.7
The following shall be exempt from site plan approval:
(a)
Temporary construction uses;
(b)
Exterior renovations and additions provided that:
(i)
the street facing or private shared driveway facing facades are not
changed; and
(ii)
the addition has a gross floor area of 75 sq. m (807.3 sq. ft) or less;
(c)
Interior renovations;
(d)
Signs;
(e)
Steps, stairs or other building entrance features;
(f)
Accessory structures;
(g)
Change of use or tenancy; and
(h)
Commercial uses within the existing buildings within Sub Area A.
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PART 16: C-1 (NEIGHBOURHOOD BUSINESS) ZONE (RC-May
11/99;E-Jun 26/99)
16.1
C-1 USES PERMITTED
No development permit shall be issued in any C-1 (Neighbourhood Business) (RC-May
11/99;E-Jun 26/99) Zone except for the following:
Commercial Uses
Existing variety stores;
Existing food stores;
Single unit dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Additional Neighbourhood Business Uses Permitted on Properties Described as 363
Caldwell Road (PID# 403311), 369 Caldwell Road (PID#40714818), and 404 Caldwell
Road (PID#40124745)
-
professional / business offices (e.g. legal, insurance, real estate)
-
personal service shops (e.g. tailor, hair salon)
-
specialty retail (e.g. bakery, deli, gifts)
-
cafe / coffee shops (may include drive-thru window)
-
medical / veterinary offices (RC-May 11/99;E-Jun 26/99)
Additional Neighbourhood Business Uses permitted on PID 40143646:
-
professional / business offices (e.g. legal, insurance, real estate);
-
personal service shops (e.g. tailor, hair salon), which shall not include tattoo
parlours or massage parlours;
-
specialty retail (e.g. bakery, deli, gifts), which shall not include pawn shops;
-
medical offices; and
-
veterinary offices, which shall not include the boarding of any animal, whether
daily or overnight, except for animals that require boarding for medical
purposes.
(HECC-Dec 2/10;E-Dec 25/10)
16.2
C-1 ZONE REQUIREMENTS
In any C-1 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area:
central services
6,000 square feet (557.4 m2)
on-site services
20,000 square feet (1858.1
m2)
Minimum Frontage:
on-site services
100 feet (30.5 m)
Minimum Front or Flankage Yard
25 feet (7.6 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
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16.3
OTHER REQUIREMENTS: NEIGHBOURHOOD BUSINESS USES (RC-May
11/99;E-Jun 26/99)
Where uses are permitted as Neighbourhood Business Uses (RC-May 11/99;Jun 26/99)
in any C-1 Zone, the following shall apply:
(a)
The gross floor area of any permitted commercial building in any C-l Zone,
including any floor area devoted to a permitted dwelling unit, shall not exceed three
thousand (3,000) square feet (278.7 m2).
(b)
The maximum gross floor area of any permitted commercial use in any C-l Zone
shall not exceed fifteen hundred (1,500) square feet (139.4 m2).
(c)
No portion of any lot shall be used for the collection and storage of refuse unless
the refuse containers are screened.
(d)
Except where any lot in any C-1 Zone abuts another lot in a C-1 Zone, no portion
of any parking space within the C-1 Zone shall be permitted within any required
side or rear yard, except where a fence or other visual and physical barrier is erected
in which case there shall be no parking within five (5) feet (1.5 m) of the side or
rear lot line.
(e)
No open storage or outdoor display shall be permitted.
16.3A SIGNAGE REQUIREMENTS: NEIGHBOURHOOD BUSINESS USES
(RC-May 11/99;E-Jun 26/99)
Where uses are permitted as Neighbourhood Business Uses in any C-1 Zone, the
following shall apply:
(a)
one ground sign shall be permitted on a lot containing a maximum of two (2)
sign faces, a maximum sign face area of 25 square feet per sign face, and with
a maximum overall sign height of 15 feet;
(b)
facia and/or awning signage shall be permitted;
(c)
no roof signs shall be permitted;
(d)
moveable letter signage shall be permitted within the ground sign provided the
overall sign area is not exceeded; and
(e)
no portable or moveable signs shall be permitted.
16.3B PARKING REQUIREMENTS: NEIGHBOURHOOD BUSINESS USES
(RC-May 11/99;E-Jun 26/99)
Notwithstanding Section 4.25, where uses are permitted as Neighbourhood Business
Uses in any C-1 Zone, the minimum number of off-street parking spaces required for
a neighbourhood business use shall be the sum-total number determined by
application of the following standards:
(a)
two spaces / dwelling unit;
(b)
two spaces / person performing a personal service;
(c)
five spaces / patient oriented professional service;
(d)
one space / two employees not including persons covered by (b) and (c);
Cole Harbour/Westphal Land Use By-law
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(e)
one space / two hundred square feet of floor space devoted to a non-residential
uses not included in (b), or (c) excluding areas used for such things as storage
or bathrooms; and
(f)
in no case shall less than three off-street spaces be provided for each non-
residential use.
16.4
OTHER REQUIREMENTS: HOME BUSINESS USES
Where home business uses are permitted in any C-1 Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which is the principal
residence of the operator of the business.
(b)
No accessory building shall be used for the storage or display of materials, goods,
supplies or equipment related to the operation of the business.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
any business use, and in no case shall any business use occupy more than three
hundred (300) square feet (27.9 m2) gross floor area.
(d)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(e)
No outdoor storage or display of materials, goods, supplies, or equipment related
to the operation of the business use shall be permitted.
(f)
No more than one (1) sign, which shall be affixed to the main dwelling, shall be
permitted for any business and no such sign shall exceed two (2) square feet (0.2
m2) in area.
(g)
One (1) off-street parking space, other than that required for the dwelling shall be
provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area
devoted to any business.
(h)
No exterior alterations to the dwelling related to the business use shall be permitted
except to meet fire safety, structural safety, or health regulations.
(i)
No retail operation shall be permitted except where retail is accessory to a business
use which involves the production of goods or crafts or the provision of a service.
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PART 17: C-2 (GENERAL BUSINESS) ZONE
17.1
C-2 USES PERMITTED
No development permit shall be issued in any C-2 (General Business) Zone except for the
following:
Commercial Uses
Retail stores;
Food stores;
Service and personal service shops;
Offices;
Commercial schools;
Banks and financial institutions;
Restaurants except drive-in or take-out restaurants;
Theatres and cinemas except drive-in theatres;
Motels, hotels and motor inns;
Funeral establishments;
Taxi and bus depots;
Parking lots;
Veterinary hospitals and indoor kennels;
Existing service stations;
Existing building supply outlets.
Automotive repair uses (minor) (RC-May 11/99;E-Jun 26/99)
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
Residential Uses
Existing dwellings;
Shared housing use with 30 or fewer bedrooms; (RC-Aug 9/22;E-Sep 15/22)
Multiple unit dwellings containing no more than twelve (12) dwelling units.
Community Uses
Open space uses;
Institutional uses;
Fraternal centres and halls.
17.2
C-2 ZONE REQUIREMENTS: COMMERCIAL
In any C-2 Zone, where uses are permitted as Commercial Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
6,000 square feet
(557.4 m2)
Minimum Frontage:
60 feet (18.3 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Lot Coverage
50 percent
Maximum Height of Main Building
35 feet (10.7 m)
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Minimum Width of Main Building
20 feet (6.1 m)
17.3
OTHER REQUIREMENTS: COMMERCIAL FLOOR AREA
Notwithstanding the provisions of Section 17.1, no commercial building within any C-2
Zone shall exceed ten thousand (10,000) square feet (929 m2) of gross floor area.
17.4
OTHER REQUIREMENTS: COMMERCIAL USES
Where uses are permitted as Commercial Uses in any C-2 Zone, the following shall apply:
(a)
No outdoor storage shall be permitted and outdoor display shall be restricted
to the temporary or seasonal display of plant materials or perishable goods
normally associated with retail uses permitted under the provisions of Section
17.1 provided that no such display area is located within any parking area
required pursuant to Part 4 of this by-law. (CHWEPCBCC-Mar 28/96;E-Apr
25/96)
(b)
No portion of any lot shall be used for the collection and storage of refuse unless
the refuse containers are screened.
(c)
No portion of any parking space shall be located in any required rear yard.
(d)
Notwithstanding subsection (a), in the case of existing building supply outlets:
(i)
No open storage or outdoor display shall be permitted in any required front
yard or flankage yard;
(ii)
Where any side or rear property line abuts any Residential Zone, no open
storage shall be permitted in any side yard or rear yard except where an
opaque fence, measuring at least eight (8) feet (2.4 m) has been erected; and
(iii)
No open storage shall be permitted within six (6) feet (1.8 m) of any side or
rear property line or be permitted to exceed eight (8) feet (2.4 m) in height
within fifteen (15) feet (4.6 m) of any side or rear property line.
(e)
Access to a lot shall only be from Cole Harbour Road, Cumberland Drive or Forest
Hills Drive.
(f)
For any new or expanded commercial use which is adjacent to property that
is zoned for or used for residential or community uses, a visual screen shall be
provided in accordance with the following:
(i)
Materials - shall contain either a vegetative screen, an opaque fence, or
a combination of both natural and manmade materials which will form
an effective year-round screen.
(ii)
Height - screening shall be at least five (5) feet in height. Plant
materials, when planted, shall not be less than three and one-half (3 1/2)
feet in height if of a species or variety which shall attain the required
height within three (3) years of planting. Height shall be measured
from the finished grade.
(iii)
Width - screening shall be in a strip of landscaped open space a
minimum of four (4) feet in depth running the entire length of the
adjacent property line.
(iv)
Maintenance - all required plant materials shall be maintained and
planting areas kept free of litter. All required fences shall be
maintained in good repair and appearance and repaired or replaced
when necessary. (RC-May 11/99;E-Jun 26/99)
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(g)
For any new or expanded commercial use, the following landscaping
provisions shall apply:
(i)
Within the front yard area, the first ten (10) feet bordering the road
right-of-way shall be fully landscaped, except where driveway or
pedestrian access points are required.
(ii)
Landscaping shall consist of grass and a minimum of one shrub for
each fifty (50) square feet of required landscaped area and one tree for
every fifty (50) feet of lot width. All landscaping materials shall be
maintained. (RC-May 11/99;E-Jun 26/99)
(h)
Automotive repair uses, (minor) and (major), shall be wholly contained within
a building. (RC-May 11/99;E-Jun 26/99)
17.5
C-2 ZONE REQUIREMENTS: RESIDENTIAL USES
In any C-2 Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
6,000 square feet (557.4 m2) plus 1,500
square feet (139.4 m) per dwelling unit in
excess of the first three (3) units
Minimum Frontage:
60 feet (18.3 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
½ the height of the main building
Maximum Lot Coverage
50 percent
Maximum Height of Main Building
35 feet (10.7 m)
Maximum Height of Multiple Unit
Dwelling with more than 4 units
3 Storeys (RC-Dec 11/25;E-Feb 2/26)
17.6
OTHER REQUIREMENTS: MULTIPLE UNIT DWELLINGS AND SHARED
HOUSING USE (RC-Aug 9/22;E-Sep 15/22)
Where multiple unit dwellings or shared housing use (RC-Aug 9/22;E-Sep 15/22) are
erected in any C-2 Zone, the following shall apply:
(a)
An amenity area of not less than one hundred (100) square feet (30.5 m) per
dwelling unit or per bedroom in a shared housing use (RC-Aug 9/22;E-Sep
15/22) shall be provided.
(b)
Where any multiple unit dwelling or shared housing use (RC-Aug 9/22;E-Sep
15/22) is to be erected in a C-2 Zone on lands which abut any residential zone
except an R-4 (Multiple Unit Dwelling) Zone, no portion of any parking space shall
be provided within the yard which abuts the residential zone (RC-Aug 9/22;E-
Sep 15/22) except where a fence or other visual and physical barrier is provided in
which case no portion of any parking space shall be located within five (5) feet (1.5
m) of the abutting residential zone.
(c)
Access to a lot shall only be from Cole Harbour Road, Cumberland Drive or Forest
Hills Drive.
(d)
Notwithstanding 17.6 (a) through (c), a shared housing use may be located
within an existing dwelling subject only to the requirements which apply to the
existing dwelling. (RC-Aug 9/22;E-Sep 15/22)
Cole Harbour/Westphal Land Use By-law
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17.7
C-2 ZONE REQUIREMENTS: COMMUNITY USES
In any C-2 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 21 as are applicable.
Cole Harbour/Westphal Land Use By-law
Page 90
PART 17A:
C-3 (SHOPPING CENTRE) ZONE
17A.1 C-3 USES PERMITTED (RC-Jul 5/11;E-Oct 8/11)
No development permit shall be issued in any C-3 Zone except for the following:
Commercial Uses:
Retail stores;
Food stores;
Service and personal service shops;
Offices;
Commercial schools;
Banks and financial institutions;
Restaurants except drive in or take out restaurants;
Theatres and cinemas;
Veterinary hospitals and accessory indoor kennels.
17A.2 OTHER REQUIREMENTS: ADDITIONAL FLOOR AREA AND LOTS
(RC-Jul 5/11;E-Oct 8/11)
No additions to existing buildings, or the subdivision of parcels to accommodate
smaller freestanding uses or buildings, shall be considered except through the
development agreement process.
17A.3 OTHER REQUIREMENTS: COMMERCIAL USES
(RC-Jul 5/11; E-Oct 8/11)
Where uses are permitted as Commercial Uses in any C-3 Zone, the following shall
apply:
(a)
No outdoor storage shall be permitted and outdoor display shall be restricted
to the temporary or seasonal display of plant materials or perishable goods
normally associated with retail uses permitted under the provisions of Section
17A.1 provided that no such display area is located within any parking area
required pursuant to Part 4 of this by-law.
(b)
No portion of any lot shall be used for the collection and storage of refuse
unless the refuse containers are screened from view from adjacent residential
properties or public roads.
(c)
No portion of any parking or loading space shall be located in any required
rear yard.
(d)
Access to a lot shall only be from Cole Harbour Road or Forest Hills Parkway.
(e)
Signs on buildings shall comply with the requirements of Part 5 of this bylaw.
No new ground signs are permitted, except incidental signs as specified by
Section 5.5.
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PART 18: C-4 (HIGHWAY COMMERCIAL) ZONE
18.1
C-4 USES PERMITTED
No development permit shall be issued in any C-4 (Highway Commercial) Zone except for
the following:
Commercial Uses
Retail stores;
Food stores;
Service and personal service shops;
Banks and financial institutions;
Restaurants;
Outdoor display courts;
Hotels, motels and motor inns;
Indoor commercial recreation uses;
Funeral establishments;
Service stations;
Taxi and bus depots;
Parking lots;
Greenhouses and nurseries;
Veterinary hospitals and kennels;
Re-cycling depots.
Car Washes (HEMCC-Oct. 2/14; E-Nov 1/14)
Offices (RC-Aug 14/18; E-Sep 15/18)
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
Commercial Uses permitted only on lands identified in Appendix "F"
Automotive Repair
Self-storage facility
Warehousing, displaying, wholesaling and retailing of building materials, products
or related machinery and equipment
(RC-Aug 14/18; E-Sep 15/18)
Community Uses
Open space uses;
Institutional uses;
Fraternal centres and halls.
Residential Uses
Existing dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
18.2
C-4 ZONE REQUIREMENTS: COMMERCIAL USES
In any C-4 Zone, where uses are permitted as Commercial Uses, no development permit
shall be issued except in conformity with the following:
Cole Harbour/Westphal Land Use By-law
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Minimum Lot Area:
central services - 10,000 square feet (929.0
m2)
on-site services - 20,000 square feet (1858.1
m2)
Minimum Frontage:
150 feet (45.7 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Height of Main Building
35 feet (10.7 m)
Maximum Lot Coverage
50 percent
18.2A C-4 ZONE REQUIREMENTS: APPENDIX "F" (RC-Aug 14/18; E-Sep 15/18)
Notwithstanding Section 18.2, where C-4 uses are permitted on lands identified in
Appendix "F", no development permit shall be issued except in conformity with the
following:
Minimum Front or Flankage Yard
9.1 metres (30 feet)
Minimum Rear or Side Yard
6.1 metres (20 feet)
Minimum Distance Between Buildings
3.6 metres (12 feet)
Maximum Building Height
10.7 metres (35 feet)
Maximum Lot Coverage
50 percent
18.3
OTHER REQUIREMENTS: COMMERCIAL FLOOR AREA
(a)
No commercial buildings in any C-4 Zone shall exceed ten thousand
(10,000) square feet (929 m2) of gross floor area.
(b)
Notwithstanding Subsection 18.3 (a), commercial buildings
located on lands identified in Appendix "F" may exceed 929
square metres (10,000 square feet) of gross floor area, provided
that the development meets the requirements of Section 18.2A.
(RC-Aug 14/18; E-Sep 15/18)
18.4
OTHER REQUIREMENTS: OPEN STORAGE AND DISPLAY
Where any portion of any lot in any C-4 Zone is to be used for open storage or outdoor
display, the following shall apply:
(a)
Any area devoted to open storage may not exceed fifty (50) per cent of the lot area.
(b)
No open storage shall be permitted within any required front yard.
(c)
No open storage or outdoor display shall be permitted in any required yard within
any C-4 Zone where the required yard abuts any residential zone or community
uses zone, except where a fence or other visual barrier is provided.
18.5
OTHER REQUIREMENTS: SERVICE STATIONS
Notwithstanding the provisions of Sections 18.2 and 18.7, where a service station is erected
in any C-4 Zone, the following shall apply:
Cole Harbour/Westphal Land Use By-law
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Minimum Lot Area:
30,000 square feet (2787.0 m2)
Minimum Frontage:
150 feet (45.7 m)
No portion of a pump island shall be
located closer that:
20 feet (6.1 m) from any street line
Minimum distance between ramps or
driveways
30 feet (9.1 m)
Minimum distance from a ramp or drive-
way to a road intersection
50 feet (15.2 m)
Minimum angle of intersection of a
ramp to a road line
45 degrees
Width of a ramp:
minimum 20 feet (6.1 m)
Maximum 26 feet (7.9 m)
18.6
C-4 ZONE REQUIREMENTS: COMMUNITY USES
In any C-4 Zone, where uses are permitted as community uses, no development permit
shall be issued except in conformity with the provisions of Part 21 as are applicable.
18.7
OTHER REQUIREMENTS: COMMERCIAL ACCESS
Unless otherwise required by the Provincial Department of Transportation and
Communications, all uses which are permitted uses in any C-4 Zone with the exception of
service stations, shall be permitted not more than one (1) access onto Provincial Highway
No. 7 for each lot.
18.8
EXISTING MULTIPLE UNIT DWELLINGS
Notwithstanding Section 18.1, existing multiple unit dwellings shall be a permitted use
within the C-4 Zone. Subject to the requirements of Section 18.2 and the maximum number
of units permitted within the identified existing multiple unit dwellings shall be as follows:
Maximum Number
Civic Address
LRIS No.
of Dwelling Units
662 Preston Road
619171
3
18.9
OTHER REQUIREMENTS: BUFFERING AND SCREENING
(C-Oct 30/97;E-Nov 29/97)
(a)
In any C-4 Zone where commercial uses, including buildings, parking, outdoor
display, or open storage are to be expanded, constructed or located on a lot
which is adjacent to property that is zoned or used for residential or
community uses, a buffer shall be provided. The buffer shall consist of a
grassed landscaped area that is:
(i)
a minimum of twenty (20) feet in depth running the entire length of the
adjacent property line and shall contain a vegetation screen consisting
of at least two staggered rows of coniferous trees which are at least six
(6) feet in height and at a maximum spacing of eight (8) feet on centre;
(ii)
notwithstanding Subsection 18.9(a) (i), the grassed landscaped area
may be reduced to ten (10) feet where an opaque fence of at least six (6)
Cole Harbour/Westphal Land Use By-law
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feet in height is provided along the common property boundary and the
grassed landscaped area shall contain of a mix of nursery-stock trees at
a maximum spacing of ten (10) feet on centre, or a mix of shrubs at a
spacing of six (6) feet on centre, or a combination of nursery-stock trees
and shrubs at the required spacing;
(iii)
the landscaped area shall be properly maintained and kept free of
litter; and
(iv)
no structures, parking, storage or open display shall be permitted
within the grassed landscaped area.
(b)
Notwithstanding Subsection 18.9(a), for any expansion or construction of a C-
4 Zone use which is located adjacent to Loon Lake, the buffer shall consist of
a grassed landscaped area that is:
(i)
a minimum of ten (10) feet in depth beginning at the normal high water
mark, and running the entire length of the water's edge and shall
contain either a mix of balled and burlapped shrubs that are a
minimum of 40 cm in height and planted at a maximum spacing of four
(4) feet on centre, or a single row of coniferous trees which are at least
four (4) feet in height and at a maximum spacing of eight (8) feet on
centre, or a combination of coniferous trees and shrubs at the required
spacing;
(ii)
the landscaped area shall be properly maintained and kept free of
litter; and
(iii)
no structures, parking, storage or open display shall be permitted
within the grassed landscaped area.
(c)
Notwithstanding Subsection 18.9(a) and (b), for any expansion or construction
of a C-4 Zone use which is located on lands identified as PID 00638460, PID
00619775, PID 00619627, and PID 00619502 which are adjacent to Loon Lake,
the buffer shall consist of the retention of existing vegetation that is:
(i)
a minimum of fifty (50) feet in depth beginning at the normal high
water mark, and running the entire length of the water's edge;
(ii)
no structures, parking, storage or open display shall be permitted
within the buffer area.
(d)
Notwithstanding Subsection 18.9(a) or (b), a buffer shall not be required under
the following conditions:
(i)
where a change in occupancy does not increase the amount of parking,
or open storage, or outdoor display within the commercial lot; or
(ii)
where an addition to a commercial building does not increase its square
footage more than five (5) percent of the total gross floor area, and
provided there is no increase in the amount of parking, or open storage,
or outdoor display within the commercial lot as a result of this addition.
(e)
Notwithstanding Subsections 18.9(a), for any expansion or construction of a
use permitted on lands identified in Appendix "F", the developer shall
maintain a fence of at least 1.8 metres (6 feet) in height parallel to the property
lines and within the required yard, where the property abuts residential
development. (RC-Aug 14/18; E-Sep 15/18)
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PART 19: I-l (LIGHT INDUSTRY) ZONE
19.1
I-l USES PERMITTED
No development permit shall be issued in any I-l (Light Industry) Zone except for the
following:
Nurseries and greenhouses;
Truck terminals;
Warehousing;
Construction storage yards;
Service industries;
Light manufacturing operations.
Composting operations (refer to Section 4.29) (MC-Feb 26/96;M-Mar 28/96)
19.2
I-l ZONE REQUIREMENTS:
In any I-l Zone no development permit shall be issued except in conformity with the
following:
Minimum Lot Area:
central services - 6,000 square feet
(557.4 m2)
on-site services - 20,000 square feet (1858.1
m2)
Minimum Frontage:
central services - 60 feet (18.3 m)
on-site services - 100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (7.6 m)
Minimum Rear or Side Yard
25 feet (4.6 m)
Maximum Lot Coverage
50 percent
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PART 20: P-1 (OPEN SPACE) ZONE
20.1
P-1 USES PERMITTED
No development permit shall be issued in any P-l (Open Space) Zone except for the
following:
Open Space Uses
Public and private parks and playgrounds; Cemeteries; Historic sites and monuments.
20.2
P-1 ZONE REQUIREMENTS
In any P-1 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
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NOTE:
WHERE IT HAS BEEN DETERMINED THAT A PROPERTY IS ZONED "P-
2*", AS IDENTIFIED ON THE ZONING MAP - SCHEDULE A, REFERENCE
SHOULD BE MADE TO THE DOCUMENT APPROVED BY THE MINISTER
IN 1982
PART 21: P-2 (COMMUNITY FACILITY) ZONE
21.1
P-2 USES PERMITTED
No development permit shall be issued in any P-2 (Community Facility) Zone except for
the following:
Institutional Uses
Educational institutions and uses;
Denominational institutions and uses;
Day care facilities;
A single dwelling unit in conjunction with a denominational institution or day care facility;
Fire and police stations;
Shared housing use with 10 or fewer bedrooms; (RC-Aug 9/22;E-Sep 15/22)
Government offices and public works;
Hospitals and medical clinics;
Public libraries, museums and galleries;
Community centres and halls;
Recreation uses;
Funeral establishments in conjunction with a cemetery (CHWEPCBCC-Aug 19/96;E-
Sep 15/96)
Existing shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
Open Space Uses
Public and private parks and playgrounds;
Cemeteries;
Historic sites and monuments.
21.2
P-2 ZONE REQUIREMENTS: INSTITUTIONAL USES
In any P-2 Zone, where uses are permitted as Institutional Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
central services - 10,000 square feet (929.0
m2)
on-site services - 20,000 square feet (1858.1
m2)
Minimum Frontage:
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
1/2 the height of the main building
Maximum Lot Coverage
50 percent
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21.2A OTHER REQUIREMENTS: FUNERAL ESTABLISHMENTS AND
CEMETERIES (CHWEPCBCC-Aug 19/96;E-Sep 15/96)
Where funeral establishments and cemeteries are permitted in any P-2 Zone, the
following shall apply:
(a)
The funeral establishments shall be located on the same lot as a cemetery, and
the
gross floor area of the building shall not exceed ten (10) percent of the lot area;
(b)
Vehicle access to any property which is to contain a funeral establishment shall
be from a designated collector or arterial street only;
(c)
Any building used for the purposes of a funeral establishment or cemetery
maintenance (including an equipment or storage area) shall be located a
minimum
or fifty (50) feet from any abutting residentially zoned property;
(d)
Where a funeral establishment or a parking lot (inclusive of driveways and
driving aisles) for a funeral establishment is to be located on a lot which is
adjacent to property which is zoned for residential use, a landscaped yard of
at least thirty (30) feet in width shall be provided, except where an opaque
fence of at least six (6) feet in height is provided along the common property
boundary the landscaped yard may be reduced to fifteen (15) feet. For the
purposes of this section, landscaping shall consist of either the retention of
existing tree cover, or the planting of a mix of nursery-stock trees and shrubs.
21.3
P-2 ZONE REQUIREMENTS: OPEN SPACE USES
In any P-2 Zone, where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the provisions of Part 20.
21.4 SHARED HOUSING WITH SPECIAL CARE (RC-Aug 9/22;E-Sep 15/22)
Additions which create no extra beds shall be permitted for existing shared housing
with special care (RC-Aug 9/22;E-Sep 15/22) located on Circassion Drive and
Chameau Crescent, subject to the requirements of the P-2 Zone.
Cole Harbour/Westphal Land Use By-law
Page 99
PART 22: P-3 (PROVINCIAL PARK) ZONE
22.1
P-3 USES PERMITTED
No development permit shall be issued in any P-3 (Provincial Park) Zone except for the
following:
Park Uses
Conservation related uses;
Recreation uses;
Public and private parks and playgrounds.
Other Uses
Existing dwellings and recreational uses identified in Appendix "E";
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
Home business uses in conjunction with permitted dwellings;
Uses accessory to permitted dwellings and recreational uses.
22.2
P-3 ZONE REQUIREMENTS
In any P-3 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area:
20,000 square feet (1858.1 m2)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Height of Main Building
35 feet (10.7 m)
22.3
OTHER REQUIREMENTS: HOME BUSINESS USES
Where home business uses are permitted in any P-3 Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which is the principle
residence of the operator of the business;
(b)
No more that twenty-five (25) percent of the gross floor area shall be devoted to
any business use, and in no case shall any business occupy more than three hundred
(300) square feet (27.9 m2).
(c)
No open storage or outdoor display shall be permitted.
(d)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed two (2) square feet (0.2 m2) in area.
(e)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration or glare.
(f)
One (1) off-street parking space other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area
devoted to any business.
Cole Harbour/Westphal Land Use By-law
Page 100
22.4
CONDITION: DEVELOPMENT PERMIT (Deleted: RC-Aug 9/22;E-Sep 15/22)
Cole Harbour/Westphal Land Use By-law
Page 101
PART 22A:
RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct
18/14)
22A.1 RPK USES PERMITTED
No Development Permit shall be issued in any RPK (Regional Park) Zone except for
the following:
Park Uses
Recreation uses
Conservation uses
Uses accessory to the foregoing uses
Other Uses
Existing dwellings and recreational uses identified in Appendix "E"
Home business uses in conjunction with permitted dwellings
Uses accessory to permitted dwellings and recreational uses
22A.2 RPK ZONE REQUIREMENTS
In any RPK Zone, no development permit shall be issued except in conformity with
the following:
Minimum Front or Flankage Yard:
9.14 m
Minimum Side or Rear Yard:
6.1 m
Maximum Lot Coverage:
50% for lots less than 4 ha in area,
or
5% for lots 4ha or more in area
Maximum Height of Main Building:
10.7 m
Maximum Building Size:
305m2
22A.3 OTHER REQUIREMENTS: HOME BUSINESS USES
Where home business uses are permitted in any RPK Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which is the
principle residence of the operator of the business;
(b)
No more that twenty-five (25) percent of the gross floor area shall be devoted
to any business use, and in no case shall any business occupy more than three
hundred (300) square feet (27.9 m2).
(c)
No open storage or outdoor display shall be permitted.
(d)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed two (2) square feet (0.2 m2) in area.
(e)
No mechanical equipment shall be used except that which is reasonably
consistent with the use of a dwelling and which does not create a nuisance by
virtue of noise, vibration or glare.
Cole Harbour/Westphal Land Use By-law
Page 102
(f)
One (1) off-street parking space other than that required for the dwelling, shall
be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor
area devoted to any business.
22A.4 CONDITION: DEVELOPMENT PERMIT
Notwithstanding anything else in this By-law, no development permit shall be issued
in any RPK Zone except where a Regional Development Permit has been issued.
Cole Harbour/Westphal Land Use By-law
Page 103
PART 23: PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun
25/14;E-Oct 18/14)
23.1
PWS USES PERMITTED
No Development Permit shall be issued in any PWS (Protected Water Supply) Zone
except for the following:
Municipal water distribution or purification facilities
Public parks involving no buildings
Conservation uses
Uses accessory to the foregoing uses
Single unit dwellings
23.2
PWS ZONE REQUIREMENTS
In any PWS Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area:
7432.2 m2
Minimum Frontage:
61 m
Minimum Front or Flankage Yard:
6.1 m
Minimum Rear or Side Yard:
2.4 m
Maximum Lot Coverage:
35%
Minimum Height of Main Building:
10.7 m
Cole Harbour/Westphal Land Use By-law
Page 104
PART 24: CDD (COMPREHENSIVE DEVELOPMENT DISTRICT)
24.1
CDD USES PERMITTED
No development permit shall be issued in any CDD (Comprehensive Development
District) except for residential uses, or neighbourhood business (RC-May 11/99;E-Jun
26/99) uses, community facilities and/or parks in association with residential uses, which
comprise a comprehensive development of five (5) or more acres (2 hectares). Major
commercial uses and general industrial uses are specifically prohibited within any CDD,
except according to Policies HC-7 and HC-8 of the Municipal Planning Strategy for Cole
Harbour/Westphal.
24.2
CDD REQUIREMENTS
In any CDD (Comprehensive Development District) no development permit shall be issued
except in conformity with the provisions of the Planning Act.
Cole Harbour/Westphal Land Use By-law
Page 105
PART 24A:
CD-1 (C&D MATERIALS TRANSFER STATIONS)
ZONE (RC-Sep 10/02;E-Nov 9/02)
24A.1 CD -1 USES PERMITTED
No development permit shall be issued in any CD-1 (Transfer Stations) Zone except
for the following, pursuant to the Site Plan Approval process:
Construction and Demolition Materials Transfer Stations
Uses accessory to permitted use
24A.2 CD-1 ZONE REQUIREMENTS
In any CD-1 Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area
3,716 square metres (40,000 square feet) -
central services
11,148 square metres (120,000 square feet) -
on-site services
Minimum Frontage
15 metres (49.2 feet) - central services
30 metres (98.4 feet) - on-site services
Minimum Front Yard
25 metres (82.0 feet)
Minimum Side Yard
30 metres (98.4 feet)
Minimum Rear Yard
30 metres (98.4 feet)
Maximum Lot Coverage
50 %
Maximum Height
11 metres (36.0 feet)
24A.3 OTHER REQUIREMENTS: C&D MATERIALS TRANSFER STATIONS
No development permit shall be issued for a C&D Materials Transfer Station except
in compliance with the following provisions:
(a)
any building or structure shall meet the following separation distances:
(i)
from any property line
30 metres (98.4 feet)
(ii)
from the nearest residential dwelling or
institutional use
60 metres (196.9 feet)
(iii)
from a watercourse
30 metres (98.4 feet)
(b)
notwithstanding Section 24A.3(a), where a building or structure is not to be
located within 250 metres of a residential or institutional use or building, the
building setback from any property line may be reduced to 10 metres (32.8
feet).
(c)
notwithstanding Section 24A.3(a), any C&D Materials Transfer Station which
is to be totally enclosed within a building (no outdoor storage of material,
product, or equipment) setback from any property line may be reduced to 10
metres (32.8 feet).
Cole Harbour/Westphal Land Use By-law
Page 106
24A.4 GENERAL REQUIREMENTS: C&D MATERIALS OPERATIONS
No development permit shall be issued for a C&D Materials Operation except in
compliance with the following provisions:
(a)
no operation shall be permitted, result in, causes or produces any of the
following effects discernible outside any building or structure or affecting any
adjacent property:
(i)
noise or sound which is obnoxious because of its volume, duration,
intermittent beat, frequency, or shrillness;
(ii)
dissemination of smoke, fumes, gas, dust, odour, or any atmospheric
pollutant; or
(iii)
discharge of any waste material whatsoever into a watercourse or water
resource except in accordance with the applicable government
requirements.
(b)
notwithstanding any other provisions of this by-law, C&D Materials
Operation may occur either inside or outside of a building;
(c)
there shall be a landscaped area of at least 4.5 metres (14.8 feet) in depth that
runs the length of and directly abuts the front lot line, excluding driveway
openings, and such land within this required landscaped area shall be grassed
(or other appropriate vegetation ground cover) and trees and shrubs shall be
planted (trees shall be a minimum of 1.8 metres (6 feet) in height) or existing
trees and shrubs shall be maintained at a minimum rate of one (1) plant per
each 2 metres (6.6 feet) of frontage;
(d)
notwithstanding Section 24A.4(c), if the front yard area is treed, the
landscaped area is not required but all vegetation within 10 metres of the front
lot line shall be retained and maintained;
(e)
no portion of the operation shall be located within any side, rear, or front yard
setback;
(f)
no operation shall have direct access to either a local or subdivision road, as
determined by the Municipality's Traffic and Transportation Services
Division and any access road for such operations shall not occur through lands
zoned for residential (R-1, R-1A, R-2, R-3, and R-6) or community use (P-2,
P-3, P-4, and FP); and
(g)
no portion of the operation shall be located within a 1:100 year floodplain.
24A.5 GENERAL REQUIREMENTS: SITE PLAN APPROVAL
All C&D operations are subject to approval of a site plan. The Development Officer
shall approve a site plan where the following matters have been addressed:
(a)
driveway access to the site shall be located in such a manner to minimize land
use impacts on adjacent land uses;
(b)
separation distances shall be provided from any structure on the site and
abutting residential or community facility properties to ensure the
development does not negatively impact upon surrounding properties;
(c)
all off-street loading and unloading areas, stockpiles, processing areas, and
parking facilities shall be located on the site such that no aspect impacts upon
Cole Harbour/Westphal Land Use By-law
Page 107
adjacent uses or streets and screening can be in the form of fencing, berms,
vegetation, or a combination of elements;
(d)
a landscaping plan shall be prepared that protects and minimize land use
impacts on adjoining lands and the plan shall indicate the type, size, and
location of all landscaping elements including the landscaping along the front
of the property, to achieve the objective of the plan;
(e)
within any designated side and rear yards, existing vegetation shall be retained
unless it does not provide for adequate screening measures;
(f)
all outdoor lighting shall be oriented such that it is directed away from
adjacent properties;
(g)
all solid waste storage containers shall be screened from adjacent properties
and streets;
(h)
impact of the location, number and size of signs;
(i)
measures, including but not limited to lot grading, berms, shall be required to
adequately address the management of stormwater and surface water; and
(j)
provisions are established to ensure the operation and any required site
improvements are maintained to a high standard.
Cole Harbour/Westphal Land Use By-law
Page 108
PART 24D:
ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE
(RC-Jul 2/02;E-Aug 17/02)
24D.1 ICH USES PERMITTED
No development permit shall be issued in any ICH Zone except on lots in existence on
the date of adoption (July 2, 2002) of this zone for the following:
Single Unit Dwellings
Open Space Uses
24D.2 ICH ZONE REQUIREMENTS
In any ICH Zone, no development permit shall be issued except in conformity with
the requirements of the R-1 Zone.
Cole Harbour/Westphal Land Use By-law
Page 109
PART 24E:
UR (URBAN RESERVE) ZONE (RC-Jun 25/14;E-Oct
18/14)
21E.1 UR USES PERMITTED
No development permit shall be issued in any UR (Urban Reserve) Zone except for
the following:
Single unit dwellings, on existing lots provided that a private on-site sewage disposal
system and well are provided on the lot
Passive recreation uses
Uses accessory to the foregoing uses
21E.2 UR ZONE REQUIREMENTS
In any UR Zone, no development permit shall be issued except in conformity with the
following:
Minimum Front or Flankage Yard:
9.1m
Minimum Side Yard:
2.5m
Minimum Rear Yard:
2.5m
Maximum Lot Coverage:
35%
Maximum Height of Main Building:
11m
Cole Harbour/Westphal Land Use By-law
Page 110
PART 25: ADMINISTRATION
25.1
ENFORCEMENT
This By-law shall be administered by the Development Officer.
25.2
SCOPE OF APPLICATION
(a)
Every application for a development permit shall be accompanied by plans, in
duplicate, drawn to an appropriate scale and showing:
(i)
The true shape and dimensions of the lot to be used, and upon which it is
proposed to erect any building or structure;
(ii)
The proposed location, height and dimensions of the building, structure, or
work in respect of which the permit is applied for;
(iii)
The location of every building or structure already erected on or partly on
such lots, and the location of every building upon contiguous lots;
(vi)
The proposed location and dimensions of parking spaces, loading spaces,
driveways, and landscaping areas; and
(v)
Other such information as may be necessary to determine whether or not
every such building, development, re-construction or redevelopment
conforms with the requirements of this By-law.
(b)
Where the Development Officer is unable to determine whether the proposed affect
the proposed development, he may require that the plans submitted under this
section be based upon an actual survey by a Provincial Land Surveyor.
25.3
SIGNATURE FOR APPLICATION
The application shall be signed by the registered owner of the lot or by the owner's agent
duly authorized thereunto in writing and shall set forth in detail the current and proposed
use of the lot and each building or structure, or part of each building or structure, together
with all information necessary to determine whether or not every such proposed use of
land, building or structure conforms with the requirements of this By-law.
25.4
PENALTY
Any person who violates a provision of this By-law shall be subject to prosecution as
provided for under Sections 120, 121 and 122 of the Planning Act.
25.5
DATE OF BY-LAW
This By-law shall take effect when approved by the Minister of Municipal Affairs.
25.6
SCHEDULE OF FEES
An application to amend this By-law or modify any of the provisions of this By-law must
be accompanied by a fee at the time of making such application, which fees shall be:
Amendment to Land Use By-law
$100.00
Development Agreement
$100.00
Cole Harbour/Westphal Land Use By-law
Page 111
Rezoning
$100.00
25.7
PUBLIC HEARING NOTIFICATION (Repealed: RC-Jun 20/23;E-Oct 13/23)
Cole Harbour/Westphal Land Use By-law
Page 112
APPENDIX A:
NON CONFORMING USES
NON-CONFORMING USE
90 (1)
Subject to this Act, a non-conforming structure or a non-conforming use of land or
a structure, existing at the date of the first publication of the notice of intention to
adopt a land use by-law or amend or revise a land use by-law, may continue to exist.
EXISTING USE
(2)
For the purposes of subsection (1), a non-conforming structure or a non-conforming
use of land or a structure shall be deemed to be existing if
(a)
the non-conforming structure, or structure containing the non-conforming
use, was lawfully under construction; or
(b)
the permit for its construction or use was in force and effect, except that this
clause shall not apply unless the construction or use is commenced within
twelve months after the date of the issuance of the permit and is completed
in conformity with the permit within a reasonable time. 1983, c. 9, s. 83.
CANCELLATION OF PERMIT
91
(1)
A council may cancel any permit issued by the municipality in the circumstances
of clause (b) of subsection (2) of Section 90, where the construction or use has not
been commenced, and shall pay to the person on whose behalf the permit was
obtained such reasonable expenses for the preparation of plans and promotion of
the development as may be agreed upon by the parties.
ARBITRATION
(2)
In the event the parties are unable to agree upon the amount to be paid, the person
on whose behalf the permit was obtained may, by written notice, require that the
municipality submit the claim to arbitration.
ARBITRATOR
(3)
The arbitration shall be by one arbitrator appointed by the parties, or appointed by
the Minister if they are unable to agree. 1983, c. 9, s. 84.
RESTRICTION ON NON-CONFORMING USE
92
(1)
No increase in volume of or any addition to a structure shall, except as required by
an enactment, be made while a non-conforming use therein is continued, but such
use may be extended throughout the structure.
NO EXTENSION OF NON-CONFORMING USE
(2)
For greater certainty, no extension of a non-conforming use not contained within a
structure shall be made beyond the li~its that the use occupies.
Cole Harbour/Westphal Land Use By-law
Page 113
APPENDIX "A"
- ii -
CHANGE IN USE
(3)
A non-conforming use shall not be changed to any other use unless the use is
permitted for that property by the land use by-law.
CHANGE OF OCCUPANT
(4)
A change of tenant, occupant or owner of any land or structure shall not of itself be
deemed to affect the use or structure for the purposes of this Section.
REPAIR OR MAINTENANCE
(5)
Subject to Section 93, this Act does not preclude the repair or maintenance of a
structure. 1983, c. 9, s. 85; 1987, c. 51, s. 81.
DESTRUCTION OR DAMAGE
93
(1)
If a non-conforming structure or a structure containing a non-conforming use is
destroyed or damaged by fire or otherwise
(a)
to an extent of less then seventy-five per cent of the market value of the
structure, it may be rebuilt, repaired or reoccupied if the structure is
substantially the same as it was before the destruction or damage and it is
used for the same non-conforming use; or
(b)
to an extent of seventy-five per cent or more of the market value of the
structure, it shall not be rebuilt, repaired or reoccupied except in conformity
with the requirements of the land use by-law applicable to the property.
DISCONTINUANCE
(2)
A non-conforming use of land or a structure shall not be recommenced if it has been
discontinued for a continuous period of six months, and in such event the land or
structure shall not thereafter be used except in conformity with the requirements of
the land use by-law applicable to the property. 1983, c. 9, s. 86.
VARIATION IN SECTION 92 OR 93 RESTRICTIONS
94 (1)
A municipal planning strategy may provide for the variation of the provisions of
Section 92 or 93, but no variation shall increase the restrictions in Sections 92 and
93.
POLICIES
(2)
The policies adopted pursuant to subsection (1) may provide for:
(a)
the extension, enlargement or alteration of non-conforming structures or
structures containing non-conforming uses;
(b)
the extension of a non-conforming use of land;
Cole Harbour/Westphal Land Use By-law
Page 114
APPENDIX "A"
- iii -
(c)
the rebuilding of a non-conforming structure, or structures containing a
non-conforming use, after destruction;
(d)
the recommencement of a non-conforming use of land or a structure after it
has been discontinued for a continuous period in excess of six months.
(e)
the change in use on a non-conforming structure to another use in the non-conforming structure, or of a
non-conforming use of land or a structure to another non-conforming use.
IMPLEMENTATION
(3)
The policies adopted pursuant to this Section may be carried out through the land
use by-law, or by development agreement, and where the council has provided for
the latter, Sections 73 to 80 apply mutatis mutandis to any agreement entered into
pursuant to this Section. 1983, s. 9, s. 87; 1987, c. 51, s. 19.
Cole Harbour/Westphal Land Use By-law
Page 115
APPENDIX B:
EXISTING INDUSTRIAL USES
Notwithstanding anything else in this By-law, the following uses shall be permitted uses to the
extent to which they are in existence on the effective date of this By-law, and any expansion or
alteration may be considered in accordance with the Municipal Planning Strategy for Cole
Harbour/ Westphal and with the development agreement provisions of the Planning Act.
LRIS INDEX
CIVIC ADDRESS
NUMBER
Tartan Drywall Limited
Caldwell Road
403634
Robert Jordan
Wholesale Outlet
12 Barbara Drive
622464
Jessie C. Beck
Welding Shop
263 Astral Drive
405092
Sutherland's Home
Improvements
1284 Highway No. 7
40166373
Ednah Conrod Consumer
Glass Services
Montague Mines Road
462481
Eagles & Radcliffe
Printing
32 Bissett Road
402578
402560
A.R. Hemming Building
Systems Limited
Highway No. 7
650689
Handy Builders Limited
General Contracting
154 Salmon River Drive
40187361
Harold S. Cooper
Wood Fuel
134 Richardson Drive
40335846
J & D Repair
Auto Repair
37 Chris Evan Drive
40144610
Cole Harbour/Westphal Land Use By-law
Page 116
APPENDIX C:
EXISTING SALVAGE YARDS
Notwithstanding anything else in this By-law, the following uses shall be permitted uses to the
extent to which they are in existence on the effective date of this By-law.
LRIS INDEX
CIVIC ADDRESS
NUMBER
Maurice Robitaille
Ross Road
458307
Ralph Burton Ruggles
Lorne Drive
653956
Cole Harbour/Westphal Land Use By-law
Page 117
APPENDIX D:
EXISTING PRIMARY INDUSTRIES
Notwithstanding anything else in this By-law, the following uses shall be permitted uses to the
extent to which they are in existence on the effective date of this By-law, and any expansion or
alteration may be considered in accordance with the Municipal Planning Strategy for Cole
Harbour/ Westphal and with the development agreement provisions of the Planning Act.
LRIS INDEX
CIVIC ADDRESS
NUMBER
Agricultural Uses
George S. Turner
No. 7 Highway
40166308
Stewart M. Bissett
Bissett Road
40295826
40154106
Frank Conrad
Bissett Road
40099707
Melvin Harris
Bissett Road
402669
Fraser Conrad
Bissett Lake Road
40085136
Douglas Eisener
Bissett Lake Road
40085169
Howard Laurie
Bissett Lake Road
40085193
Scotia Poultry Farms
Bissett Lake Road
400850606
Extractive Uses
Scotia Valley Land
Company Limited
Old Lawrencetown Road
407601
Ella B. Shaw
Old Lawrencetown Road
40161218
George Morash
Old Lawrencetown Road
40162737
Cole Harbour/Westphal Land Use By-law
Page 118
APPENDIX E:
P-3 EXISTING USES
Notwithstanding anything else in this By-law, the following uses shall be permitted uses within
the P-3 (Provincial Park) Zone, and shall be permitted to be expanded, altered, repaired or replaced.
LRIS INDEX
CIVIC ADDRESS
NUMBER
Dwellings
Michael and
Rosemary Eaton
Bissett Road
402586
Robert and
Lourdes T. Heber
Bissett Road
402677
Gerald Strum
Cole Harbour
407676
Recreational Uses
Edward Matthews
(Cottages)
Long Hill
40162679
Cole Harbour/Westphal Land Use By-law
Page 119
APPENDIX F:
LANDS OF THE FORMER A.R. HEMMINGS BUILDING
SYSTEMS LIMITED INDUSTRIAL SITE
Cole Harbour/Westphal Land Use By-law
Page 120
APPENDIX G: Interim Bonus Zoning Requirements for
Applicable Plan Amendment Applications (RC-Mar 21/23; R-
Apr 19/23)
Definitions
1.
For the purpose of Appendix G and Schedule F the following definitions shall apply:
(a)
ACCESSORY STRUCTURE means a structure that is:
(i)
subordinate, incidental, and devoted to a main use or structure, and
(ii)
not attached to any main building;
(b)
AFFORDABLE COMMUNITY OR CULTURAL INDOOR SPACE means
premises used for community and cultural purposes by a not-for-profit
organization or registered Canadian charitable organization, such as offices,
meeting rooms, recreational facilities, educational facilities, art and cultural
spaces, performance, rehearsal and exhibition spaces, galleries, daycare uses,
and other social services;
(c)
APPLICANT means any person, including an owner, applying for a
development permit, or development agreement;
(d)
APPRAISER means an individual who holds the Accredited Appraiser
(AACI) designation of the Appraisal Institute of Canada.
(e)
BUILDING means every continuous enclosed area with exterior walls on a lot
that:
(i)
is built, erected, and framed of a combination of materials,
(ii)
is either portable or fixed,
(iii)
has a roof,
(iv)
forms a structure for the shelter of persons, animals, or property, and
(v)
is located, in whole or in part, above or below grade;
(f)
FLOOR AREA means the horizontal area of all floors of a building or a
parking structure, measured from the interior faces of any exterior wall or fire
wall and includes interior staircases, but excludes the following:
(i)
unenclosed space outside any exterior walls or located on a rooftop,
such as balconies and patios,
(ii)
any floor area below a ground floor of a building or parking structure,
(iii)
elevator shafts,
(iv)
accessory structures,
(v) rooftop greenhouses,
(vi)
any space open to a floor below, and
(vii) pedways;
(g)
GREENHOUSE means a structure constructed primarily of transparent
materials, for the protection and cultivation of plants, such as vegetables,
fruits, herbs, sprouts, ornamental plants, and flowers;
(h)
INCENTIVE OR BONUS ZONING means the requirements that permit the
relaxation of certain requirements if an applicant exceeds other requirements
or undertakes other action, in the public interest, as specified in the
requirements;
Cole Harbour/Westphal Land Use By-law
Page 121
(i)
INCENTIVE OR BONUS ZONING AGREEMENT means a contract between
an owner and the Municipality that describes the public benefit to be provided
by the applicant in exchange for incentive or bonus zoning;
(j)
NOT-FOR-PROFIT ORGANIZATION MEANS:
(i)
a society incorporated pursuant to the Societies Act,R.S.N.S.1989 c.435,
as amended,
(ii)
a non-profit association incorporated pursuant to the Co-operative
Associations Act, R.S.N.S.1989 c. 98, as amended,
(iii)
a non-profit association to which the Co-operative Associations Act
applies,
(iv)
a not-for-profit corporation incorporated pursuant to the Canada Not-
for-profit Corporations Act, S.C. 2009, c. 23, or
(v)
a non-profit organization incorporated as a non-profit organization
pursuant to its own Act of the Nova Scotia Legislature;
(k)
PARKING STRUCTURE means a structure that contains motor vehicle
parking spaces on one or more levels, including on an open rooftop, but
excluding any garage associated with a low-density dwelling use;
(l)
PEDWAY means an elevated enclosed walkway that connects two or more
buildings and is used exclusively for pedestrian traffic;
(m)
PREMISES means a structure or portions of a structure occupied by a use;
(n)
PROFESSIONAL ARTIST means an artist who:
(i)
has proven, specialized training in an artistic field,
(ii)
is recognized as a professional by their peers who are working in the
same artistic tradition, and
(iii)
has a history of public presentation or publication;
(o)
PUBLIC ART means a permanent work of art planned and executed by a
professional artist in any medium, material, media, or combination thereof,
but excludes any corporate insignia;
(p)
REGISTERED CANADIAN CHARITABLE ORGANIZATION means a
charitable organization registered pursuant to the Income Tax Act (Canada)
and the regulations made pursuant to that Act;
(q)
REGISTERED HERITAGE BUILDING means a building on a registered
heritage property that:
(i)
has been registered pursuant to the Heritage Property Act, and
(ii)
contributes to the character-defining elements on the registered
heritage property; and
(r) REGISTERED HERITAGE PROPERTY means an area of land that is a
registered heritage property pursuant to the Heritage Property Act.
Requirement to Provide a Public Benefit for Bonus Zoning
2.
In accordance with the Regional Municipal Planning Strategy Policies G-16A to G-
16G but subject to Section 3, incentive or bonus zoning shall be required for
developments identified on Schedule F: Lands Subject to Interim Bonus Zoning
Requirements.
Cole Harbour/Westphal Land Use By-law
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3.
Incentive or bonus zoning shall not be required for developments identified on
Schedule F if the Development Officer is satisfied that:
(a)
upon the date of application for a development permit, the applicant for the
development permit is a registered not-for-profit organization or registered
Canadian charitable organization, and have been registered for at least 1 year
prior to the date the complete application is received by the Municipality; (b)
the provision of affordable housing is included in the mandate or
programs and activities of the registered not-for-profit organization or the
registered Canadian charitable organization;
(c)
a minimum of 60% of the development is for housing; and
(d)
the property that is the subject of the application is solely owned by one or
a combination of the following:
(i)
the applicant,
(ii)
the Municipality,
(iii)
the Provincial Government,
(iv)
the Federal Government, or
(v)
an agent of the Provincial or Federal Government.
4.
For any development agreement or development as specified in Section 8, the
Development Officer may require the applicant to enter into an incentive or bonus
zoning agreement.
5.
Subject to section 3, no development permit shall be issued:
(a)
where an incentive or bonus zoning agreement is required, until the incentive
or bonus zoning agreement is executed by all parties and filed in the Provincial
Land Registration Office; or
(b)
until the full amount of the money-in-lieu is paid to the Municipality or as
specified in the applicable development agreement.
Public Benefit Value
6.
(1)
Where an applicant is required to provide incentive or bonus zoning, the value
of the public benefits shall be determined in accordance with Section 7 or
Section 8.
(2)
The applicant shall submit a public benefit value calculation with their
application for a development permit, in a format acceptable to the
Development Officer.
7.
Except for lands that are greater than 10 hectares under section 8, the minimum
required public benefit value shall be calculated by multiplying Factor #1 by Factor
#2, and then multiplying the product by Factor #3, where:
(a)
Factor #1 is the new floor area in square metres that exceeds 2,000 square
metres;
Cole Harbour/Westphal Land Use By-law
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(b)
Factor #2 is 0.20; and
(c)
Factor #3 is the bonus zoning rate, in dollars per square metre, as specified in
Section 11.
8. (1) For lands that are greater than 10 hectares that are developed by development
agreement, the public benefit shall be determined based on the appraised
market value of the site once the proposed plan amendment and associated
development agreement is approved by Council, and then multiplied by a
coefficient of 0.12.
(2)
The appraised market value is not the market value of the completed project,
but the value that the applicant could expect to receive if they sold the site
with the development agreement in place.
(3)
Any appraisal under this section shall be completed by an appraiser that is
hired by the Municipality.
(4)
The cost of any appraisal shall be paid for by the applicant.
(5)
The terms of reference for the appraisal shall be determined solely by the
Municipality.
(6)
Where the Municipality or applicant disagrees with the appraised value
determined in the appraisal, the disagreeing party may, at the applicant's
expense, have a second appraisal done, and the appraisal is subject to the same
terms of reference as the initial appraisal.
9.
The appraised market value for the purposes of the public benefit value is:
(a)
where there is one appraisal, the monetary value of the land from that
appraisal; or
(b)
where there are two appraisals, the average monetary values of the land
from the two appraisals.
Deadline to Complete Public Benefit
10.
Any required public benefit shall be completed by the applicant:
(a)
for any money-in-lieu, prior to the development permit being issued; or
(b)
for any on-site public benefit, by the deadline specified in the incentive or
bonus zoning agreement.
Bonus Zoning Rate
11.
The bonus zoning rate for the area identified on Schedule F is $150/ square metre,
as of April 2022 and shall be adjusted in accordance with Sections 12, 13, and 14.
Cole Harbour/Westphal Land Use By-law
Page 124
Bonus Zoning Rate Adjustments
12.
(1)
The bonus zoning rate specified Section 11 shall be adjusted annually on April
1st in accordance with changes to the Halifax All-Items Consumer Price Index
released by Statistics Canada.
(2)
The bonus zoning rate shall be adjusted using the method specified as follows:
Step 1: The percentage change in the Halifax All-Items Consumer Price Index
(CPI) shall be determined by
(a)
using the formula:
(A/B x 100) minus 100 = percentage change in CPI
(b)
where:
(i)
"A" is the previous year's Halifax All-Items Consumer Price
Index, and
(ii)
"B" is the Halifax All-Items Consumer Price Index for the base
year in which this Appendix was adopted, or the year where the
bonus zoning rate was last updated through a formal rate update
by a trained valuation professional, whichever is later.
Step 2: The percentage change in CPI determined under Step 1 shall then be
multiplied by the bonus zoning rate under Section 11.
Step 3: The product of Step 2 shall then be added to the bonus zoning rate,
with the resulting sum becoming the new bonus zoning rate for the
current bonus rate year
13.
If the Halifax All-Items Consumer Price Index declines or remains unchanged in a
given year, there shall be no change in the bonus zoning rate for that year.
14.
(1)
The bonus zoning rate for the calculation of the required public benefit value
shall be the bonus zoning rate at the time a complete application for a
development permit is received by the Municipality.
(2)
Where the development permit expires and an application for a new
development permit is made for the same development, the value of the public
benefit shall be the difference between the bonus zoning rate at the time the
new complete application is received and the bonus zoning rate previously
paid.
Public Benefit: Money-in-Lieu for Affordable Housing
15.
(1)
A minimum of 60% of the required public benefit shall be in the form of
money-in-lieu for affordable housing.
(2)
Money-in-lieu accepted for affordable housing shall be required to be used
within the Municipality for:
(a)
the rehabilitation of existing affordable housing units, including
building assessments, provided by a not-for-profit organization or
registered Canadian charitable organization;
Cole Harbour/Westphal Land Use By-law
Page 125
(b)
the acquisition of buildings, housing units, or properties for affordable
housing;
(c)
the creation of new affordable housing units by a not-for-profit
organization or registered Canadian charitable organization;
(d)
a housing agreement permitted in Clause 73(b) of the Halifax Regional
Municipality Charter; or
(e)
any combination of Clauses (a) to (d).
Public Benefit Categories
16.
The remaining required public benefits shall be in the form of one or a
combination of the following public benefits:
(a)
additional money-in-lieu for affordable housing;
(b)
the conservation of a registered heritage building, or a building within a
heritage conservation district, that is located on the site of the development;
(c)
money-in-lieu for the conservation of a registered heritage building; or
(d)
the conservation of a building located within a heritage conservation district;
(e)
money-in-lieu for the acquisition or improvement of municipal parks;
(f)
money-in-lieu for affordable community or cultural indoor space;
(g)
money-in-lieu for public art; or
(h)
public art on the site of the development.
Public Benefit: Conservation of Registered Heritage Buildings or a Building within a
Heritage Conservation District
17.
(1)
Notwithstanding Sections 15 and 16, on registered heritage property or on a
property within a heritage conservation district, 90% of the public benefit shall
be allocated to the conservation of:
(a)
a registered heritage building that is on the site of the development; or
(b)
a building within a heritage conservation district that is on the site of
the development.
(2)
The remaining 10% of the public benefit shall be in the form of money-in-lieu
for affordable housing.
18.
The applicant shall register a waiver in title of the property that, without the approval
of the Municipality, the registered heritage property or the property within a heritage
conversation district shall not be altered or demolished under Section 18 of the
Heritage Property Act.
Public Benefit Requirement: On-Site Public Art
19.
Where the required public benefit includes public art under Clause 16(h), the public
art shall:
(a)
be located on the site of the development, and allow direct public access or
viewing of the public art;
Cole Harbour/Westphal Land Use By-law
Page 126
(b)
be designed by a professional artist; and
(c)
have
a
minimum
cost
of
$100,000.
20.
The following items shall not qualify as public art under Clause 16(h):
(a)
interpretive, wayfinding, or other functional signage;
(b)
branding or promotional projects;
(c)
plaques and supporting infrastructure;
(d)
stock and mass-produced items;
(e)
memorials, where:
(i)
the memorial commemorates a single individual not previously
approved through the Municipality's Commemorative Asset Naming
Program,
(ii)
the memorial has not been designed and created by a professional artist,
or
(iii)
the primary component or element of design involves benches, picnic
tables, playgrounds or other park infrastructure, trees, or other
ornamental landscape elements; or
(f)
landscape design, landscape gardens, or any garden features including
fountains, garden furnishings, or other infrastructure, unless those elements
have been conceived of by a professional artist independently or in
collaboration with other design professionals and are an integral component
of an artwork.
Incentive or Bonus Zoning Agreement
21.
An incentive or bonus zoning agreement required by a Development Officer shall
contain terms respecting:
(a) the identification of the development site;
(b)
design drawings, provided by the applicant, for any required or provided
public benefit;
(c)
where required by the Development Officer, detailed construction
drawings, site plans, specifications, cost estimates, or appraisals prepared
by an appraiser for any required or provided public benefit;
(d)
the identification of any conditions required by the Municipality before the
public benefit is accepted;
(e)
where required, provisions for the auditing and reporting of public benefits;
and
(f)
any other terms or conditions the Development Officer requires.
22.
An incentive or bonus zoning agreement shall be signed by the owner.
23.
Subject to Sections 24 and 25, and in accordance with Section 31A of the Charter,
Council delegates to the Development Officer the authority to:
(a)
enter into an incentive or bonus zoning agreement, or an amendment to an
incentive or bonus zoning agreement, on behalf of the Municipality;
Cole Harbour/Westphal Land Use By-law
Page 127
(b)
discharge an incentive or bonus zoning agreement, in whole or in part, in
accordance with the terms of the incentive or bonus zoning agreement or
with the concurrence of the property owner, and
(c)
sign the discharge, including a discharge agreement, on behalf of the
Municipality.
24.
In accordance with Subsection 31A(5) of the Charter, where an incentive or bonus
zoning agreement entered into by the Development Officer commits the
Municipality to any expenditure, the agreement has no force or effect until
approved by Council.
25.
In accordance with Subsection 31A(4) of the Charter, an incentive or bonus zoning
agreement entered into by the Development Officer, or an amendment to such an
agreement, shall be signed by the Mayor and the Municipal Clerk on behalf of the
Municipality.
Cole Harbour/Westphal Land Use By-law
Page 128
Schedule A-1:
Wind Energy Zoning (RC-Feb 15/22; E-Apr 9/22) (Special
Area Task Force-Jan 26/23;E-Feb 3/23) (RC-Mar 18/25; EFF Apr 23/25)
Cole Harbour/Westphal Land Use By-law
Page 129
Schedule B: Areas of Elevated Archaeological Potential (RC-Jun 25/14;E-Oct
18/14) (Special Area Task Force-Jan 26/23;E-Feb 3/23) (RC-Mar 18/25; EFF
Apr 23/25)
Cole Harbour/Westphal Land Use By-law
Page 130
Schedule C: Wetlands (RC-Jun 25/14;E-Oct 18/14) (Special Area Task Force-Jan
26/23;E-Feb 3/23) (RC-Mar 18/25; EFF Apr 23/25)
Cole Harbour/Westphal Land Use By-law
Page 131
Schedule D:
Mixed Form Residential Development in the C-4
(Highway Commercial) Zone (RC-Oct 7/14;E-Nov 8/14)
Cole Harbour/Westphal Land Use By-law
Page 132
SCHEDULE E: SUB AREAS OF MOD (MIXED OPPORTUNITY
DISTRICT) ZONE
Cole Harbour/Westphal Land Use By-law
Page 133
SCHEDULE F: LANDS SUBJECT TO BONUS ZONING
REQUIREMENTS (RC-MAR 21/23;E-APR 19/23) (RC-Mar 18/25;
EFF Apr 23/25)
Cole Harbour/Westphal Land Use By-law
Page 134
Cole Harbour/Westphal Land Use By-law
Page 135
LAND USE BY-LAW - COLE HARBOUR/WESTPHAL
AMENDMENTS
Amendment
Number
Policies/Maps
Subject
Council
Adoption
Effective
1
4.7(d)
Reduced lot
frontages (ZA-
CHW-15-93)
December 13,
1993
December 22, 1993
2
2.1., 2.2, 4.10
Add definition of
accessory buildings
and provisions (ZA-
ALL-21-94)
July 20, 1995
August 10, 1995
3
2.13A, 4.29, 19.1
Permit additional
opportunities for the
establishment of
composting
operations (ZA-
ALL-31-95)
February 26, 1996
March 28, 1996
4
2.27A, 8.1, 8.3A
Amend home
business provisions
(ZA-CHW-11-95)
March 7, 1996
March 31, 1996
5
17.4
Permit outdoor
display of plants
(ZA-CHW-25-95)
March 28, 1996
April 25, 1996
6
21.1, 21.2A
Funeral
establishments in
conjunction with a
cemetery
August 19, 1996
September 15, 1996
7
18.9
Buffer and screening
for abutting
residential and
community use
zones (ZA-CHW-
01-97)
October 30, 1997
November 29, 1997
8
8.7
Exemption: Existing
R-2 zoned lots (Case
No. 00002)
June 4, 1998
July 5, 1998
9
3.1, 3.6(d), 3.6(j), 16.1, 16.3,
16.3A, 16.3B, 24.1
Neighbourhood
Zones
May 11, 1999
June 26, 1999
10
2.8A, 2.8B, 17.1, 17.4(f)(g)(h)
Add definition of
automotive repair
uses (Case No.
00234)
May 11, 1999
June 26, 1999
11
2.26, 4.11(iii), 4.11(vii)
Standardize height
and location of an
accessory building
(Case No. 00319)
July 12, 2001
August 5, 2001
12
2.10, 2.66A, 4.11A
Shipping containers
as accessory
buildings (Case No.
00434)
June 6, 2002
June 30, 2002
13
3.1, 24D
Infrastructure
Charges (Project No.
00423)
July 2, 2002
August 17, 2002
14
Definitions, 24D
Construction and
Demolition Waste
Management
(Project No. 00082)
September 10,
2002
November 9, 2002
Cole Harbour/Westphal Land Use By-law
Page 136
15
4.11(a), 4.12
Shipping containers
as accessory
buildings (Case No.
00434)
February 6, 2003
March 2, 2003
16
4.1A
Interim Growth
Management
(Project No. 00664)
April 13, 2004
April 22, 2004
17
Map 2
(R-1 to CDD)
Morris-Russell Lake
Secondary Planning
Strategy (Case
00586)
March 22, 2005
April 23, 2005
18
Part 7
R-1 Zone
Morris Lake Estates
(Case 00777)
August 4, 2005
May 02, 2006
19
Definitions & Part 6.2
Flag Lots
(Case 00865)
August 03, 2006
August 21, 2006
20
Table of Contents, Part
22A,23,24E,
General Provisions, Adding
2.11AA, 2.70AA, RPK zone
UR zone, adding clause to sec
3.6, deleting sec 4.1A,
replacing sec 4.17, adding sec
4.17A, 4.27A to C, adding sec
4.30, 4.31
Regional Plan
June 27, 2006
August 26, 2006
21
Replace Section 2.67 a) and b);
Add Section 5.1A.
Case 00327
RC: September
26, 2006
E: November 18,
2006
22
Amend Zoning Map: two
parcels of land on Broom Road
in Forest Hills from R1/PUD to
P2 Zone to permit a gymnastics
club
Case 01016
HECC July 5,
2007
E: July 23, 2007
23
Amend zoning map: 791
Highway #7 from R1 to C4
Case 01017
MDVCCC: April
23, 2008
May 11, 2008
23
Amend Section 4.25 (Parking
Requirements)
Case 01119
Regional Council
Aug 5, 2008
E - Aug 23, 2008
25
Replaced section 2.15
Definition of Day Care
Case 01074
HECC - March 3,
2009
E - March 21, 2009
26
Personal Service uses;
medical/dental/ veterinary
offices, professional offices and
specialty retail
Case 16161
HECC -
December 2, 2010
E - December 25,
2010
27
Larger Accessory Buildings
Case 16568
HECC - July 7,
2011
E - July 30, 2011
28
Forest Hills PUD
Case 15940
RC- July 5, 2011
E - Oct 8, 2011
29
Deleted the word "windmills"
in Section 4.16; Added Section
4.32 Wind Energy Facilities in
Part 4: General Provisions for
All Zones; Add Schedule A-1:
Wind Energy Zoning Map.
Project No. 00953
RC - August 16,
2011
E - October 29, 2011
30
Amend Part 4, Section 32 IV by
adding b) and c) after a): Wind
Energy Facilities.
Project No. 00953
RC - October 18,
2011
E - October 29, 2011
Cole Harbour/Westphal Land Use By-law
Page 137
31
Quonset Huts Added: 2.53A;
4311(a)(viii); 4.11B)
16570
RC - November 8,
2011
E - January 14, 2012
32
Phase II Colby South
17443
HECC - April 5,
2012
E - April 28, 2012
33
Repeal/Readopt Section 2.8C,
2.8D, 2.8E, 2.11AA, 2.54,
2.70AA; Parts of Section 3.1,
3.6; Part 4.1B, 4.17, 4.17A,
4.27A, 4.27B, 4.27C, 4.30,
4.31, 4.32; Part 22A, 23, 24E,
Schedule A, A-1, B, C; Add
Section 2.10A, 2.70AB, 3.6(z),
4.33; Amend Parts of Section
3.1, 3.6, 4.11, 4.17, 4.17A;
Schedule A-1, B, C.
RP+5
RC-June 25, 2014
E-October 18, 2014
34
Section 18.1, (C-4 (Highway
Commercial) USES
PERMITTED), amended to add
the words "Car Washes" after
the words "Re-cycling depots"
and before the words
"Community Uses":
Car Wash as a
permitted use (Case
No. 19092)
HEMCC - Oct 2,
2014
E-November 1, 2014
35
Add Schedule D - Mixed Form
Residential Development in the
C-4 (Highway Commercial)
Zone; Section 3.6(y).
Case 18288/18684
RC - October 7,
2014
E - November 8,
2014
36
Rezoning portions of PID #s
41357237 and 41397738 from
the R-7 (Rural Estate) Zone to
the R-6 (Rural Residential)
Zone as shown on Schedule A
Case 19468
HEMDCC - April
11, 2016
E - April 30, 2016
37
Rezone 26 Bissett Rd from R-2
to R-4 to permit a multiple unit
dwelling containing a minimum
of 4 units to a maximum of six
units
Case 20136
HEMDCC -
January 5, 2017
E - January 28, 2017
38
Add Section 4.7(e) - Reduced
Frontage or Area
25 Acre Lots
RC - January 10,
2017
E - February 25,
2017
39
Rezoning a portion of PID
00407601 on Old Miller Road
from the UR (Urban Reserve)
Zone to the R-1 (Single Unit
Dwelling) Zone
Case 19602
HEMDCC - June
8, 2017
E - June 24, 2017
40
Amend Schedule "A" -
rezoning a portion of PID
00650689 from R-1 to C-4,
Added Appendix "F"; Section
18.1 added "Offices" as a
permitted use and, amended by
adding a list of additional uses
identified in Appendix "F";
Added Section 18.2A, Amend
Section 18.3, Adding Section
18.9 (e)
Case 21168
RC - August 14,
2018
E - September 15,
2018
41
Amend several sections to add
Cannabis related uses
Case 21331
RC - September
18, 2018
E - November 3,
2018
Cole Harbour/Westphal Land Use By-law
Page 138
42
Amend Schedule "A" -
rezoning a portion of 206 Ross
Road from l-1 to the CD-1.
Case 21440
HEMDCC -
October 3, 2019
E - October 19, 2019
43
Add Part 2 - Definitions:
Secondary and Backyard
Suites, Part 4, Section 4.11C;
Amend Part 4.17A(2).
Case 21162 -
Secondary /
Backyard Suites
RC - September 1,
2020
E - November 7,
2020
44
Amend: Schedule A - rezone
PID 40568933
From C-1 to R-4
Add: Section 10.2A & 10.3A
Case 22367
RC - September
22, 2020
E - November 14,
2020
45
Amend - Schedule "A", Table
of Contents, Definitions -
Section 2.6, 2.17, 2.52A; Part
3Zones and Zoning Maps,
Section 3.6
Insert - Schedule "E", Part 4.5,
Part 15A - 15A.7.7
Case 21875 -
AKOMA Lands
RC - May 4, 2021
E - June 5, 2021
46
Amend Part 2 and 4 to include
definitions of ACCESSORY
HEN USE
Case 22227 -
Accessory Hen Use
RC - October 5,
2021
E - January 8, 2022
47
Amended: Schedule A;
Schedule A-1, Wind Energy
Zoning
Case 22670 - HRM
Initiated Conrad
Quarry Lands
RC - February 15,
2022
E - April 9, 2022
48
Amended Part 2, renumbered
Section 2.66A to 2.66C; Part 3,
Zones and Zoning Maps -
Section 3.6(w), 3.6(x), 3.6(ac);
Part 4, General Provisions for
all Zones - Section 4.25(a),
4.32I(a); Part 6, R-1a Zone -
Section 6.1; Part 7, R-1 Zone -
Section 7.1; Part 8, R-2 Zone -
Section 8.1; Part 9, R-3 Zone -
Section 9.1; Part 10, R-4 Zone
- Section 10.1, 10.3; Part 11, R-
5 Zone - Section 11.1; Part 12,
R-6a Zone - Section 12.1; Part
13, R-6 Zone - Section 13.1;
Part 14, R-7 Zone - Section
14.1; Part 15A, MOD Zone -
Section 15A.1.1, 15A.1.2,
15A.1.3, 15A.1.4, 15A.3.3,
15A.4.3; Part 16, C-1 Zone -
Section 16.1; Part 17, C-2 Zone
- Section 17.1, 17.6; Part 18, C-
4 Zone - Section 18.1; Part 21,
P-2 Zone - Section 21.1, 21.4;
Part 22, P-3 Zone - Section
22.1
Deleted Part 2, Section 2.9,
2.56; Part 22, P-3 Zone -
Section 22.4
Added Part 2, Section 2.66A,
2.66B; Part 3, Zones and
Zoning Maps - Section 3.6(ae)
Case RP16-16
(Shared Housing)
RC - August 9,
2022
E - September 15,
2022
Cole Harbour/Westphal Land Use By-law
Page 139
49
Amended Clause 2.17(c) -
Dwelling, Single Unit; Clause
3.6(aa); Section 4.11A,
Shipping Containers; Section
4.33 - Public Transit Facilities;
Section 9.1
Added Part 3, Clause 3.7 -
Development Agreements for
Registered Heritage Properties
Case 22257
(Regional Plan -
Phase 3)
RC - October 11,
2022
E - November 16,
2022
50
Amend Schedule A - Zoning,
A-1 - Wind Energy Zoning, B
- Areas of Elevated
Archaeological Potential, C -
Wetlands: Lands to be removed
Case 22384 (Port
Wallace Special
Plan Area)
Special Area Task
Force - January
26, 2023
E - February 3, 2023
51
Added Appendix G, Interim
Bonus Zoning Requirements
for Applicable Plan
Amendment Applications;
Schedule F, Lands Subject to
Bonus Zoning Requirements
Case 24063
RC - March 21,
2023
E - April 19, 2023
52
Added: Part 2, Definitions,
2.66D - Short-Term Bedroom
Rentals, 2.66E - Short-Term
Rentals; Part 4, Section 4.1C,
4.1D, 4.35;
Amended: Part 4, Section 4.25;
Part 15A, Section 15A.1.2,
Section 15A.1.4; Part 17,
Section 17.1; Part 18, Section
18.1
Case 24526 (Short
Term Rentals)
RC - February 21,
2023
E - September 1,
2023
53
Amended: By deleting the text
- "Minimum Width of Main
Building 20 feet (6.1 m) from:
Part 6, Section 6.2; Part 7,
Section 7.2; Part 8, Section 8.7;
Part 11, Section 11.2; Part 12,
Section 12.2; Part 13, Section
13.2; Part 14, Section 14.2; Part
16, Section 16.2; Part 23,
Section 23.2
Case 24528 (Shared
Housing
Housekeeping
Amendments)
RC - August 22,
2023
E - September 28,
2023
54
Repealed: Part 25, Section 25.7
Case 2023-002
(Public
Participation)
RC - June 20,
2023
E - October 13, 2023
55
Added: Part 2, Section 2.70.7;
Part 4, Section 4.11 (c); Part 4,
clause 4.11C(b) (ix); Part 7,
7.1A, 7.1B
Amended: Part 4, clause
4.11(a) (iii), (iii)(a), (vii); Part
4, clause 4.11C(a) (i), (v); Part
4, clause 4.11C(b) (i), (iv), (vi),
(vii), (viii); Part 4, section 4.25;
Part 6, section 6.1; Part 7,
section 7.1; Part 8, section 8.1;
Part 9, section 9.1; Schedule A
- Zoning Map
MINOREV 2023-
01065 Housing
Accelerator Fund
(HAF)
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2024
E - June 13, 2024
56
Amended: Appendix F,
Schedule A-1, B, C, E, F
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2025
E - April 23, 2025
Cole Harbour/Westphal Land Use By-law
Page 140
57
Amended: Part 2-Section 2.10;
Part 3-Subsection 3.6(aa); Part
4-Section 4.11, 4.11C, 4.13,
Subsection 4.32(b)(vi); Part 10-
Section 10.2, 10.2A; Part 17-
Section 17.5
Added: Part 2-Section 2.41A,
2.67A(a)(b); Part 3-Subsection
3.6(af); Part 4-Section 4.11AB,
Subsection 4.12(ab), Subsection
4.25(ba), Section 4.36; Part
15A-Subsection 15A.3.3(ba)
Repealed: Part 4-Section
4.11A
MINORREV 2025-
02922
RC - December
11, 2025
E - February 2, 2026