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LAND USE BY-LAW
EASTERN SHORE
(EAST)
THIS COPY IS A
REPRINT OF THE
EASTERN SHORE (EAST)
LAND USE BY-LAW
WITH AMENDMENTS TO
FEBRUARY 2, 2026
LAND USE BY-LAW
FOR
EASTERN SHORE (EAST)
THIS IS TO CERTIFY that this is a true copy of the Land Use
By-law for Eastern Shore (East) which was passed by a majority vote of
the former Halifax County Municipality at a duly called meeting held on
the 4th day of March, 1996, and approved by the Minister of Municipal
Affairs on the 29th day of March, 1996, 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
EASTERN SHORE (EAST)
MARCH 1996
A By-law to regulate the use of land 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 Eastern Shore East Plan Area of the former Halifax County Municipality in the Province
of Nova Scotia.
The Planning Act provides in Section 43(2) that "no development shall be undertaken where a land
use by-law passed under this Act is in effect unless a development permit issued by the
development officer has been obtained" and,
according to Section 1(e) of this Act, "development includes any erection, construction, addition,
alteration, replacement or relocation of or to any building or structure and any change or alteration
in the use made of land, buildings or structures".
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 March 4, 1996 and includes the Ministerial
modifications which accompanied the approval of the Minister of Municipal Affairs on March 29,
1996. 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 .............................................................................. 16
PART 4:
GENERAL PROVISIONS FOR ALL ZONES ...................................................... 19
4.1 DEVELOPMENT PERMITS ...................................................................... 19
4.2 LICENCES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS
19
4.3 SEWAGE DISPOSAL AND WATER SYSTEMS ..................................... 20
4.4 REDUCED FRONTAGE OR AREA .......................................................... 20
4.5 ROAD ENTRANCE RESERVES ............................................................... 20
4.6 ONE DWELLING ON A LOT .................................................................... 20
4.7 SEPARATION BETWEEN MAIN BUILDINGS ....................................... 20
4.8 EXISTING UNDERSIZED LOTS .............................................................. 21
4.9 EXISTING BUILDINGS ............................................................................. 21
4.10 EXISTING USES ...................................................................................... 21
4.11 ACCESSORY USES AND BUILDINGS ................................................ 21
4.11A ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22) ................... 22
4.12 ACCESSORY BUILDINGS ..................................................................... 22
4.12AA SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26) ................ 23
4.12A SECONDARY SUITES AND BACKYARD SUITES (RC-Sep
1/20;E-Nov 7/20) .................................................................................................. 23
4.13 TEMPORARY CONSTRUCTION USES PERMITTED (HECC-Jan
20/09;E-Feb 7/09) ................................................................................................. 24
4.14 VEHICLE BODIES .................................................................................. 25
4.15 RESTORATION TO A SAFE CONDITION ........................................... 25
4.16 BUILDING TO BE MOVED ................................................................... 25
4.17 HEIGHT REGULATIONS ....................................................................... 25
4.18 WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct
18/14) 26
4.18A COASTAL AREAS (RC-Jun 25/14;E-Oct 18/14) .................................. 27
4.19 PERMITTED ENCROACHMENTS ........................................................ 27
4.20 YARD EXCEPTION ................................................................................ 28
4.21 ILLUMINATION ...................................................................................... 28
4.22 COMMERCIAL MOTOR VEHICLES .................................................... 28
4.23 DERELICT VEHICLES ............................................................................ 28
4.24 PARKING REQUIREMENTS .................................................................. 28
4.25 STANDARDS FOR PARKING LOTS ..................................................... 31
4.26 LOADING SPACE REQUIREMENTS .................................................... 31
4.27 DAYLIGHTING TRIANGLE ................................................................... 32
4.28 LIVESTOCK .............................................................................................. 32
4.29 COMPOSTING OPERATIONS ................................................................ 32
4.30 USES PERMITTED ON EXISTING PRIVATE ROADS (Deleted: RC-Jun
27/06;E-Aug 26/06) ............................................................................................... 33
4.31 SCHEDULE C - AREAS OF ELEVATED ARCHAEOLOGICAL
POTENTIAL (RC-Jun 25/14;E-Oct 18/14) .......................................................... 33
4.32 SCHEDULE D - WETLANDS (RC-Jun 25/14;E-Oct 18/14) .................. 33
4.33 WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14) .................. 33
4.34 PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14) ............... 37
4.35 CANNABIS-RELATED USES (RC-Sep18/18; E-Nov 3/18) ............... 38
4.36 SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23) ..................... 38
4.37 DEVELOPMENT AGREEMENTS FOR ADAPTIVE REUSES IN
RURAL HRM (RC-Dec 11/25;E-Feb 2/26) ....................................................... 38
PART 5:
SIGNS ..................................................................................................................... 39
PART 6:
MU (MIXED USE) ZONE ..................................................................................... 42
PART 7:
R-6A (RURAL RESIDENTIAL A) ZONE ............................................................ 47
PART 8:
I-1 (BUSINESS INDUSTRY) ZONE .................................................................... 49
PART 9:
RE (RURAL RESOURCE) ZONE ......................................................................... 51
PART 10:
P-3 (COASTAL CONSERVATION) ZONE ......................................................... 55
PART 11:
RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14)........................... 56
PART 11A: CD-1 (C&D MATERIALS TRANSFER STATIONS) ZONE (RC-Sep 10/02;E-
Nov 9/02)
57
PART 11B: CD-2 (C&D MATERIALS PROCESSING FACILITIES) ZONE (RC-Sep
10/02;E-Nov 9/02) ........................................................................................................................ 60
PART 11C: CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE (RC-Sep 10/02;E-Nov
9/02)
62
PART 11D: ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE (RC-Jul 2/02;E-Aug
17/02)
64
PART 11E: PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct 18/14) .......................... 65
PART 12:
ADMINISTRATION .............................................................................................. 66
Schedule B-1:
Wind Energy Zoning (RC-Jun 25/14;E-Oct 18/14) .......................................... 68
Schedule C: Areas of Elevated Archaeological Potential (RC-Jun 25/14;E-Oct 18/14) ............ 69
Schedule D: Wetlands (RC-Jun 25/14;E-Oct 18/14) ................................................................... 70
Schedule B: Eastern Shore East Zoning Map
Separate Map
Eastern Shore (East) Land Use By-law
Page 1
PART 1:
TITLE
This By-law shall be cited as the "Land Use By-law the Eastern Shore (East) Plan Area" 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 work "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.\
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.
2.3
AGRICULTURAL USE means the use of land and buildings for the production of
food, water, fibre or flora or the breeding and handling of animals and includes retail
or market outlets for the sale of perishable agricultural goods, but shall not include any
operation which involves more than fifty (50) domestic fowl and ten (10) of any other
type of livestock.
2.4
AGRICULTURAL USE - INTENSIVE - means the use of land and buildings in which
the predominant use is for the commercial raising of poultry, turkeys, or other fowl,
fur bearing animals, swine, the commercial growing of mushrooms, a slaughter house,
a broiler plant, or land used as an animal feed lot managed to maximum production
and output in a confined area.
2.5
ALTERATION means any change in the structural component or increase in the
volume of a building or structure.
Eastern Shore (East) Land Use By-law
Page 2
2.6
ATTACHED BUILDING means a building 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.
2.7
AUTOMOTIVE REPAIR OUTLET means a building or part of a building or a clearly
defined space on a lot used for repair and service of motor vehicles and may include
muffler, brake, radiator, engine, body, paint, tire and glass shops, wheel alignment, and
other specialized activities directly related to the repair or alteration of motor vehicles
but shall not include salvage yards or the retailing of gasoline or other fuels.
2.8
BED AND BREAKFAST (Deleted: RC-Feb 21/23;E-Sep 1/23)
2.9
BOAT SHED means a building used exclusively for storing or repairing fishing and/or
recreational boats and equipment and which is not used for seasonal or permanent
residential or commercial purposes or any other use, and which has water frontage.
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 or shipping (RC-Dec 11/25;E-Feb 2/26) container used for
any of the foregoing purposes.
2.11
CAMPGROUND means the commercial, institutional or non-profit use of land on
which accommodations for temporary occupancy are located or may be placed,
including tents, (Deletion: MDVCCC-Jan 23/02;E-Feb 10/02) camper trailers, and
recreational vehicles, and which is primarily seasonable in operation.
2.11A
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)
2.11B
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)
2.11C
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
Eastern Shore (East) Land Use By-law
Page 3
(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
(b)
excluding
(i)
industrial hemp, and
(ii)
premises used for personal production permitted by federal
legislation.
(RC-Sep 18/18;E-Nov 3/18)
2.11D
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. (RC-Sep 18/18;E-Nov 3/18)
2.12
CEMETERY means the use of land or structures for the interment of human remains
but shall not include the use of structures for crematorium.
2.12A
COMMERCIAL ACCOMMODATION USE means every building, part of a
building, group of buildings or place of accommodation that provides one or more
rental units used for the reception of the travelling or vacationing public and
without limiting the generality of the foregoing, includes motels, hotels, resorts,
inns, cabins and lodges. (MDVCCC-Jan 23/02;E-Feb 10/02) (Text deletion: RC-
Feb 21/23;E-Sep 1/23)
2.13
COMMERCIAL ENTERTAINMENT USE means any building or part of a building
used for a beverage room or other similar use and video arcades, but shall not include
cabarets.
2.14
COMMERCIAL RECREATION USE means a building or lot or part of a building or
lot used solely for commercial, recreation or sport purposes and without limiting the
generality of the foregoing, may include animal or vehicle racing tracks, campgrounds,
rifle ranges, golf courses, miniature golf courses, amusement parks and centres and
drive-in theatres and may include a dwelling unit or dwelling units for maintenance or
security personnel.
2.15
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 or over three (3) tons.
2.16
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.
2.17
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)
Eastern Shore (East) Land Use By-law
Page 4
2.17A
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 10/02;E-Nov 9/02)
2.17B
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 10/02;E-Nov 9/02)
2.17C
CONSTRUCTION
AND
DEMOLITION
MATERIALS
PROCESSING
FACILITY, hereinafter referred to as a C&D Processing Facility, means lands
and/or buildings 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)
2.17D
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)
2.18
COUNCIL means the Council of the Halifax County Municipality.
2.19
CRAFT SHOP means a building or part of a building which is used for the retailing or
wholesaling of arts and handicrafts and shall include the fabrication of arts and
handicrafts.
2.20
CREMATORIUM means a building or a part of the building fitted with the proper
appliances for the purposes of the cremation of human or animal remains and includes
everything incidental or ancillary thereto.
2.21
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 point of the
required distance along each street line. In the case of a through lot, a daylighting
Eastern Shore (East) Land Use By-law
Page 5
triangle shall also be adjacent to the intersection of the rear lot 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.
2.22
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)
2.23
DERELICT VEHICLE means an inoperative motor vehicle which is not currently
licensed.
2.24
DEVELOPMENT OFFICER means the officer of Halifax County Municipality, from
time to time charged by the Municipality with the duty of administering the provisions
of the By-law.
2.25
DWELLING
(a)
Dwelling means a buildings 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 or more habitable rooms designed, occupied or
intended for use by one or more persons as an independent and separate
housekeeping establishment in which 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)
Repealed (RC-May 23/24;E-June 13/24)
(e)
Dwelling, Mobile means a detached dwelling designed for transportation after
fabrication, whether on its own wheels or on a flatbed or other trailer, and
which arrives at the site where it is to be occupied as a dwelling complete and
ready for occupancy, except for minor and incidental 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 (6.2
m).
(f)
Dwelling, Two Unit means a building containing two dwelling units.
(g)
Dwelling, Multiple Unit means a building containing three (3) or more
dwelling units.
2.26
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,
Eastern Shore (East) Land Use By-law
Page 6
enlargement or extension but does not include work done in connection with the
subdivision approval process or the temporary storage of fill.
2.27
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.
2.28
EXTRACTIVE FACILITIES means all buildings, aggregate plants, material storage
areas and weigh scales associated with extractive uses and may include residential uses
which are accessory to the extractive facility provided such residential uses are
connected to a properly installed on-site sewage disposal system.
2.29
EXISTING means legally in existence of the effective date of this By-law.
2.30
FISH SHED means a building used exclusively for storing or repairing fishing and/or
aquaculture equipment and boats and which is not used for seasonal or permanent
residential purposes or any other use, and which has water frontage.
2.31
FISH PROCESSING PLANT means a building or part of a building which is used for
the cleaning, filleting, icing, packing, canning, freezing, salting, cooking, pickling,
drying or preparing fish including shellfish, crustaceans and marine plants and animals
for market in any other manner but does not include a fish reduction plant, fish
composting operation, smokehouse or a fishing support use.
2.32
FISHING SUPPORT USE means any use which is designed to support the fishery and
aquaculture industry and includes boat and equipment storage, maintenance buildings
and yards, retail and wholesale outlets for fish and fish products, a smokehouse, and/or
an operation where a fisherman and/or his crew processes his own catch and/or the
catch of other fishermen, and/or where an aquaculture operator and/or his assistants
processes his own produce and/or the produce of other aquaculture operators, but does
not include a fish processing plant.
2.33
FISHERY USE means any use associated with a fishery use including fishery support
uses and fish processing plants.
2.34
FORESTRY USES means commercial silviculture and the production of timber or pulp
and any uses associated with a forestry use, including forest processing operations,
vehicles and equipment storage and maintenance buildings and yards and retail and
wholesale outlets for wood and wood products.
2.35
GARDEN CENTRE means land or a building or part thereof where horticultural
products, supplies and equipment are offered for sale directly to the public.
2.36
GROCERY STORE means a retail store in which articles for sale are restricted to a
limited range of primarily food items such as milk, bread, soft drinks, ice cream, canned
and bottled goods, snacks and candy, meat, and to complement such items may include
Eastern Shore (East) Land Use By-law
Page 7
the limited sale of magazines, books and records, housewares, toiletries, stationery and
tobacco products.
2.37
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.
2.38
HEIGHT means the vertical distance of a building between the established grade and
the highest point of the roof surface for flat, hip, or gable roofs, and to the deckline for
mansard and gambrel roofs. In the case of multi-unit dwellings, 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 the height between the finished ceiling
of the uppermost floor and the highest point of any other roof type, provided that no
roof space is used for human habitation.
2.38A
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).
2.39
HOME BUSINESS means any occupation or business activity resulting in a product
or service and which is conducted within all or part of the principle operator's dwelling
unit, accessory building, and/or on the lot, and is subordinate to the residential use on
the property, and shall not include the retail sale of products other than those incidental
to the home business.
2.40
(Deleted: MDVCCC-Jan 23/02;E-Feb 10/02)
2.41
HUNTING AND FISHING CAMP means a building used for accommodation during
the hunting and fishing seasons and which may contain facilities for the preparation of
food, but shall not include any vehicle or any part of any vehicle.
2.42
INSTITUTIONAL USE means any educational or denominational use, day care
facility, shared housing with special care (RC-Aug 9/22;E-Sep 15/22), fire station,
police station, public works, hospital, public library, post office, museum and gallery,
community centre and hall, recreation use or open space use.
2.43
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.
2.44
INDUSTRIAL USE means the use of land, buildings or structures for the
manufacturing, processing, fabricating, or assembly of raw materials or goods and may
included warehousing or bulk storage of goods and related accessory uses.
2.45
LANDSCAPED AREA means a portion of the lot area which is not used for buildings,
structures, parking spaces and driveways and which consists of all forms of planting
and vegetation, ground forms, rock groupings, water patterns, and all visible
construction except buildings and utilitarian structures, all of which is designed to
Eastern Shore (East) Land Use By-law
Page 8
enhance the visual amenity of a property or to provide a screen to mitigate any
objectionable aspects that may detrimentally affect adjacent lands.
2.46
LIVESTOCK means horses, cows, pigs, sheep, goats and fowl, whether or not they are
kept for commercial purposes.
2.47
LOT
(a)
Lot means any area of land or parcel described in a deed filed in the Office of
the Registrar of Deeds for Halifax County on or before the 16th day of April
1987, or is described in a plan and deed pursuant to the Land Titles Clarification
Act or is approved on a plan of subdivision endorsed and filed in the Office of
the Registrar of Deeds for Halifax County or a lot created pursuant to s. 102(2)
of the Planning Act.
(b)
Corner Lot means a lot situated at the intersection of, and abutting on, two or
more streets.
(c)
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.
2.48
LOT AREA means the total horizontal area within the lot lines of a lot.
2.49
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.
2.50
LOT FRONTAGE means the horizontal distance between the side lot lines are
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. In the case of a lot or parcel
located on a curved public street or highway or private road or right-of-way, lot
frontage shall mean the distance between the side lot lines measured along a horizontal
line joining points on each side lot line which are located at a distance of thirty (30)
feet (9.1 m) from the public street or highway or private road or right-of-way.
2.51
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 a street or a private road;
and
(i)
in the case of a corner lot - the shorter boundary line abutting the street
or private road shall be deemed to be the front lot line and the longer
boundary line abutting the street or private road 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 or private
road shall be deemed to be the front lot line; or
Eastern Shore (East) Land Use By-law
Page 9
(ii)
in the case of a lot which has as one of its boundaries the shore line of
a lake, the sea 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 or private road
on a corner lot.
2.52
LIMS means the Land Registration and Management Service whose property
identification numbering system is used in this By-law to identify particular land
parcels.
2.53
MAIN BUILDING means the building in which is carried on the principal purpose or
purposes for which the building lot is used.
2.54
MAIN WALL means the exterior front, side or rear wall of a building and all structural
members essential to the support of a fully or partially enclosed space or roof.
2.55
MANUFACTURING AND ASSEMBLY USE means an establishment or facility
engaged in the mechanical or chemical transformation of materials or substances into
new products including the assembly of component parts, the manufacturing of
products and the blending of materials, but shall not include any use which is
obnoxious.
2.56
MARINA means a commercial facility for storing, servicing, fuelling, berthing and
securing of marine and/or air craft (seaplanes) and may include overnight
accommodation, eating, drinking or retail facilities principally for owners, crews and
guests.
2.57
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 that maximum lot coverage in each zone shall be
deemed to apply only to that portion of such lot which is located within said zone.
2.58
MEDICAL CLINIC means a building or part of a building where two or more
practitioners provide human health services without overnight accommodation for
patients.
2.59
(Deleted: MDVCCC-Jan 23/02;E-Feb 10/02)
2.60
MUNICIPALITY means Halifax County Municipality.
2.61
OBNOXIOUS USE means a use which, but its nature or by method of operation creates
a nuisance or is offensive by creating noise or vibration, or by reason or emitting gas,
fumes, dust, oil, objectionable odour, or airborne pollutants or by reason of the
unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste or other
materials and shall include operations which produce effluent which cannot be disposed
Eastern Shore (East) Land Use By-law
Page 10
of by means of an on-site sewage disposal system or which involves the processing,
production or warehousing of dangerous goods.
2.62
OFFICE means a room or rooms where a 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.
2.63
OPEN SPACE USE means the use of land for public and private parks and
playgrounds, athletic fields, tennis courts, lawn bowling greens, outdoor skating rinks,
picnic areas, cemeteries, day camps, boat launching facilities, historic sites or
monuments, and similar uses to the foregoing, together with the necessary accessory
buildings and structures, but does not include camping grounds, golf courses, marinas
or tracks for the racing of animals or motorized vehicles.
2.64
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 include the display of cars, trucks, vans,
motor homes, trailers, boats, snowmobiles, motorcycles, swimming pools, decorative
garden items and prefabricated cottages, sheds and homes.
2.65
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.
2.66
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 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
private road by means of driveways, aisles or manoeuvring areas where no parking or
storage of motor vehicles is permitted.
2.67
PARKING SPACE means an area of not less than one hundred sixty (160) square feet
(15 sq. m.), 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 motor vehicles to and from a street or private road by
means of driveways, aisles or manoeuvring areas.
2.68
PERSON includes an individual, association, firm, partnership, corporation, trust,
incorporated company, organization, trustee or agent, and the heirs, executors or other
legal representatives or a person to whom the context can apply according to law.
2.69
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 parlours, automatic
laundry shops, hairdressing shops, shoe repair and shoe shining, and tailoring, laundry
and dry-cleaning collection depots and shops, but excludes the manufacturing or
fabrication of goods for retail or wholesale distribution.
Eastern Shore (East) Land Use By-law
Page 11
2.70
PRIVATE CLUB OR LODGE means a building and related facilities owned or
operated by a corporation, association, or group of individuals established for the
social, educational, recreational or cultural enrichment of its members and not primarily
for profit, and whose members meet certain prescribed qualifications for membership
and may pay dues.
2.71
PRIVATE ROAD means any street or road which is not public which is shown as a
private road on a approved plan of subdivision and the right-of-way, alignment and
gradient is approved by the Department of Transportation and Communications or
Halifax County Municipality.
2.72
PUBLIC PARK means a park owned or controlled by a public authority or by an board,
commission or other authority established under any statute of the Province of Nova
Scotia.
2.73
RECREATION SPACE 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)
2.74
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 9/92)
2.75
RECYCLING FACILITY means a building(s) or part of a building(s) and/or a lot or
part of a lot which is used as a recycling depot and may include processing, reclamation
and composting activities on the same lot and within any building on the lot.
2.76
RESIDENTIAL CARE FACILITY (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.77
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 and is characterised by the service of delivering to or waiting on tables or
buffet style service. However, take-out food component may be permitted, provided
that the take-out function does not exceed 10% of the gross floor area of the full service
restaurant. A restaurant may also include the licensed sale of alcoholic beverages.
2.78
RESTAURANT - DRIVE-IN means a building or part of a building wherein food is
prepared in advance for immediate distribution to the public for consumption within or
outside the building and is characterised by the customer pick up of food at a counter
or drive through car pick up, and does not provide the regular service of delivering to
or waiting on tables nor licensed sale of alcoholic beverages.
Eastern Shore (East) Land Use By-law
Page 12
2.79
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.
However, a seating area may be provided for consumption within the building provided
that such seating area does not exceed 25% of the gross floor area of the take-out
restaurant. Services of waiting on tables or regular delivery of food to tables are not
carried on, nor is the licensed sale of alcoholic beverages. Take-out restaurants,
however, may provide a home delivery service.
2.80
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 (2.0 ha) and which entrance has been approved by the Department of
Transportation and Communications or Halifax County Municipality for the purposes
of a public road or private road entrance reserve.
2.81
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)
2.82
SENIOR CITIZENS HOUSING (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.83
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 which includes an engine and body repair
shop, a printing establishment, a laundry or cleaning establishment, a wholesale bakery,
a paint shop, a plumbing shop, a sheet metal shop, a truck or heavy equipment repair
facility or depot, construction yard and similar uses.
2.84
SERVICE SHOP means a building or part of a building used for the sale and repair of
household articles and shall include ratio, television and appliance repair shops but
shall not include industrial or manufacturing or motor vehicle repair shops.
2.85
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 automotive accessories and the servicing and general repairing of motorized
vehicles and may including washing establishments.
2.85A
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,
Eastern Shore (East) Land Use By-law
Page 13
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)
2.85B
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)
2.85C SHIPPING CONTAINER means a container originally designed for use as a
means of storing and transporting cargo via ship, rail, air or truck. (RC-Dec
11/25;E-Feb 2/26)
2.86
SHIP YARD means a yard and related buildings and facilities which are used for the
docking, storing, servicing and repairing of marine craft and marine equipment, the
storing and retailing of marine fuels and parts and accessories for marine, craft and
where waste water pumping facilities for marine use may be provided.
2.86A
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)
2.86B
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)
2.87
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 displays or includes 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 or more uprights, poles or
braces, placed in or upon the ground.
(b)
Projecting Sign means a sign which projects from and is supported by, or
which extends beyond a walls or the roof of a building. (RC-Sep 26/06;E-
Nov 18/06)
2.88
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 Halifax County
Municipality, and may include a private road or Schedule "A" road as defined in
the Regional Subdivision By-law, or an access created under the Regional
Subdivision By-law. (RC-May 23/24;E-June 13/24)
Eastern Shore (East) Land Use By-law
Page 14
2.89
STREET LINE means the boundary line of a street or a private road.
2.90
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.
2.90A
SUITE (RC-Sep 1/20;E-Nov 7/20)
(a)
Backyard Suite means a self-contained subordinate dwelling unit that is
located within an accessory building or structure.
(b)
Secondary Suite means a self-contained subordinate dwelling unit that is
located within a residential main building.
2.91
TRADITIONAL USE means the use of a building or part of a building or a lot or part
of a lot on which traditional crafts and activities are or are capable of being carried out
and shall include weaving, sculpturing and moulding, furniture making and repair,
woodworking, music making, pottery making and small boat building and repair.
2.92
TRANSPORTATION USE means the use of land and/or buildings for storing,
servicing, repairing, renting or leasing buses, trucks or transport trailers and may
include services incidental to transportation, such as forwarding and parking services,
and the arranging of passenger or freight transportation.
2.92A
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)
2.93
VARIETY STORE means a retail establishment in which goods or materials such as
soft drinks, confections, stationary supplies, reading materials, tobacco products and
smoker supplies, patent medicines, first aid supplies, housewares and notions,
souvenirs and similar goods are offered for sale to the general public, and may include
groceries, dairy products and video rental outlets and a take-out restaurant as a
secondary function.
2.94
VIDEO ARCADE means any commercial facility which contains more than three (3)
amusement machines and, without limiting the generality of the foregoing, includes
pinball machines and electronic and/or mechanical games machines operated by
depositing coins or tokens.
2.94A
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 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)
Eastern Shore (East) Land Use By-law
Page 15
2.95
WATERCOURSE means a lake, river, stream, ocean or other natural body of
water. (RC-Jun 25/14;E-Oct 18/14)
2.96
YACHT CLUB (see Private Club).
2.97
YARD means an open, uncovered space on a lot appurtenance 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 or
private road.
Eastern Shore (East) Land Use By-law
Page 16
PART 3:
ZONES AND ZONING MAPS
3.1
ZONES
For the purpose of this By-law, the Eastern Shore (East) Plan Area is divided into the
following zones, the boundaries of which are shown on the attached zoning schedules.
Such zones may be referred to by the appropriate symbols:
Symbol
Zone
Residential Zones
R-6A
Rural Residential A Zone
Mixed Use Zones
MU
Mixed Use Zone
I-1
Business Industry Zone
Construction & Demolition
(C&D) Zones
CD-1
C&D Materials Transfer
(RC-Sep 10/02;E-Nov 9/02)
Stations Zone
CD-2
C&D Materials Processing
Facilities Zone
CD-3
C&D Materials Disposal
Sites) Zone
Infrastructure Charge Zone
ICH Infrastructure Charge
(RC-Jul 2/02;E-Aug 17/02)
Holding Zone
Resource Zones
RE
Rural Resource Zone
Conservation Zones
P-3
Coastal Conservation Zone
RPK
Regional Park Zone
(RC-Jun 25/14;E-Oct 18/14)
PA
Protected Area Zone
(RC-Jun 25/14;E-Oct 18/14)
3.2
ZONING MAPS
(a)
Schedule A attached hereto, may be cited as the "Eastern Shore (East) Plan Area
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, and 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.
3.3
INTERPRETATION OF ZONING BOUNDARIES
Boundaries between zones shall be determined as follows:
(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 public street or highway, railroad or railway right-of-way, electrical
transmission line right-of-way or watercourse is included on the zoning maps, it
Eastern Shore (East) Land Use By-law
Page 17
shall, unless otherwise indicated, be included in the zone of the adjoining property
on either side thereof;
(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;
(e)
where land is created by the filling of a water lot or by otherwise infilling waters,
the land so created shall be included in the zone of the lot and the zone boundary
shall be the waterline; and
(f)
where none of the above provisions apply, and where appropriate, the zone
boundary shall be scaled from the attached Schedules.
3.4
ZONES NOT ON MAPS
The zoning maps of this By-law may be amended to utilize any zone in this By-law,
regardless of whether any such zone has previously appeared on any zoning map. Such
amendments shall be carried out in accordance with the requirements of the Planning Act
and shall be in conformity with the policies of the Municipal Planning Strategy for the
Eastern Shore (East) Plan Area.
3.5
USES PERMITTED
Uses permitted within any zone shall be determined as follows:
(a)
Any use not listed as a use permitted within any zone shall be deemed to be
prohibited in that zone;
(b)
Any use listed as subject to any special conditions or requirements shall be
permitted subject to the fulfilling of such conditions or requirements.
(c)
Where a use permitted within any zone is defined in Part 2.0, the uses permitted
within that zone shall be deemed to include any similar use which satisfied such
definition except where any definition is specifically limited to exclude any use;
and
(d)
Except where limited by 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.
3.6
OTHER USES CONSIDERED BY DEVELOPMENT AGREEMENT
Notwithstanding Section 3.5, certain uses which may not be uses permitted in any zone
may be considered in accordance with Sections 55, 66 and 67 of the Planning Act. As
provided for by the Municipal Planning Strategy for the Eastern Shore (East) Plan Area,
such uses are as follows:
(a)
Expansion of existing multiple unit dwellings or new multiple unit dwellings
containing more than four units within the Mixed Use Designation and Resource
Designation according the Policies MU-3 and RE-4;
Eastern Shore (East) Land Use By-law
Page 18
(b)
Mobile home parks within the Mixed Use Designation and Resource Designation
according to Policies MU-4 and RE-4;
(c)
Commercial uses in excess of five thousand (5000) square feet (464.5m2) of floor
area within the Village Designation according to Policy V-6 and commercial and
industrial uses in excess of five thousand (5000) square feet (464.5m2) of floor area
in the Resource Designation according to Policy RE-5.
(d)
Salvage yards within the Resource Designation according to Policy RE-6.
(e)
(Deleted: RC-Jun 27/06;E-Aug 26/06)
(f)
Pursuant to Policy IM-24, 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)
As provided for in the Regional Municipal Planning Strategy for Halifax Regional
Municipality, the following uses may be considered by development agreement on
lands designated Rural Resource: (RC-Jun 25/14;E-Oct 18/14)
(i)
Conservation Design Developments 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 S-17C
(RC-Dec 11/25;E-Feb 2/26) of the Regional Municipal Planning Strategy, as
applicable; and (RC-Jun 25/14;E-Oct 18/14)
(ii)
residential development on islands, as per policy S-18 of the Regional
Municipal Planning Strategy. (RC-Jun 25/14;E-Oct 18/14)
3.7
LARGER CANNABIS PRODUCTION FACILITIES BY DEVELOPMENT
AGREEMENT (RC-Sep 18/18;E-Nov 3/18)
Cannabis production facilities that are permitted in a zone that exceed the maximum
gross floor area requirements of the zone may be permitted by development
agreement in accordance with Policy EC-22 of the Regional Municipal Planning
Strategy.
3.8
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.
Eastern Shore (East) Land Use By-law
Page 19
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 provided that the request is received before the expiry of the
current permit.
(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 Section 4.1(a) above, no development permit shall be required for
the following:
(i)
any open space use which does not involve a building or structure;
(ii)
any accessory building or structure which has less than three hundred (300)
square feet (27.9 m2) of gross floor area; and
(iii)
any sign which is less than one hundred (100) square feet (9.3 m2) in area,
or other sign permitted under Section 5.3.
(iv)
An accessory hen use (RC- Oct 05/21; E-Jan 08/22).
(v)
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)
(vi)
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)
4.1A 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 possible
to allow the proposed development that was the subject of the rezoning. (RC-Jun
25/14;E-Oct 18/14)
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 except where the reduced lot frontage provisions of the Subdivision
By-law have been applied.
Eastern Shore (East) Land Use By-law
Page 20
4.3
SEWAGE DISPOSAL AND WATER SYSTEMS
Where any lot is developed with a septic tank and disposal field after the adoption of this
By-law, 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 Nova Scotia Department of the Environment shall
prevail.
4.4
REDUCED FRONTAGE OR AREA
(a)
Any lot created in accordance with 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 provided that all other applicable provisions of this By-law
are satisfied.
(b)
Notwithstanding the lot frontage requirements found elsewhere in this By-law, lots
may be created in accordance with the provisions of Part 14 of the Subdivision By-
law, and a development permit may be issued provided that all other applicable
provisions of this By-law are satisfied.
(c)
Notwithstanding the lot frontage and area requirements found elsewhere in this By-
law, fish and boat shed lots may be created in accordance with the provisions of the
Subdivision By-law, and a development permit may be issued provided that all
other applicable provisions of this By-law are satisfied.
(d)
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)
4.5
ROAD ENTRANCE RESERVES
Notwithstanding the lot frontage provisions contained in this By-law, a portion of a lot
identified as a road entrance reserve on any public road shall meet the requirements of the
provincial Department of Transportation and Communications or Halifax County
Municipality.
4.6
ONE DWELLING ON A LOT
Not more than one (1) dwelling shall be erected on a lot, except where backyard suites
are permitted. (RC-Sep 1/20;E-Nov 7/20)
4.7
SEPARATION BETWEEN MAIN BUILDINGS
The minimum separation distance between main buildings on the same lot shall be sixteen
(16) feet (4.8 m).
Eastern Shore (East) Land Use By-law
Page 21
4.8
EXISTING UNDERSIZED LOTS
(a)
Notwithstanding anything else in this By-law, a 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 or
a minor variance granted.
(b)
Further to Section 4.8(a) above, the Development Officer may issue a development
permit for a lot approved according to Part 14 of the Subdivision By-law, where an
undersized lot has had its boundaries altered, but where the lot area has not been
reduced.
4.9
EXISTING BUILDINGS
Where a building has been erected on or before the effective date of this By-law, on a lot
having less than the minimum frontage, area, or depth, or having less than the minimum
front yard 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, side or rear yard that does not conform to this By-law; and
(b)
all other applicable provisions of this By-law are satisfied or a minor variance
granted.
4.10 EXISTING USES
All existing uses are permitted uses and as such are permitted to expand, resume operation
if discontinued or be replaced or rebuilt if destroyed, on the lot which they occupied on the
effective date of this By-law, subject to the requirements of the zone in which it is located,
with the exception of uses identified in Subsection 3.6(a), which shall only be permitted by
development agreement.
4.11 ACCESSORY USES AND BUILDINGS
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;
(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.
Eastern Shore (East) Land Use By-law
Page 22
4.11A
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.
4.12 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 four (4) feet (1.2 m) to any other
lot line except that:
1.
common semi-detached garages may be centered on the mutual side
lot line;
2.
boat houses and boat docks may be built to the lot line when the line
corresponds to the high water mark; and
3.
where an area of land is proposed to be subdivided and an existing
accessory building is less than one hundred and four (104) feet
(31.7) from any side or rear lot line forming a boundary of the
proposed lot, the minimum side yard requirement for the accessory
building may be reduced to two (2) feet (0.6 m).
(iii)
exceed twenty-five (25) feet (7.7 metres) (RC-May 23/24;E-June 13/24)
in height in any residential zone;
(iv)
exceed a footprint of (RC-Dec 11/25;E-Feb 2/26) one thousand (1,000)
square feet (93.0 square metres) (RC-Dec 11/25;E-Feb 2/26) in any
residential zone;
(v)
be built within eight (8) feet (2.4 m) of the main building; or
Eastern Shore (East) Land Use By-law
Page 23
(vi)
be used for the keeping of livestock, except where agriculture is a permitted
use.
(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 Section 4.12(a) above.
(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-June 13/24)
4.12AA
SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26)
(a)
Shipping containers shall be prohibited.
(b)
Notwithstanding subsection (a), non-residential temporary construction
shipping containers are permitted subject to Section 4.13.
(c)
Notwithstanding subsection (a), temporary residential shipping containers are
permitted subject to Section 4.13.
(d)
Notwithstanding subsection (a), shipping containers are permitted as a
dwelling, subject to the applicable zone standards for dwellings.
(e)
Notwithstanding subsection (a), shipping containers are permitted as a
backyard suite, subject to the applicable requirements for backyard suites.
4.12A 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) or two unit 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-June 13/24)
(ii)
The floor area of a secondary suite shall not exceed 80.0 square metres;
(iii)
A two unit dwelling that contains a secondary suite shall not be
considered a multiple unit dwelling;
(iv)
Notwithstanding the parking requirements of Section 4.24, 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-June 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) or a two unit dwelling, or a multiple unit
dwelling containing only 3 dwelling units (RC-May 23/24;E-June 13/24)
subject to the following provisions:
(i)
No more than one backyard suite shall be permitted on a lot; (RC-May
23/24;E-June 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 4.11 and 4.12;
Eastern Shore (East) Land Use By-law
Page 24
(iv)
The gross (RC-Dec 11/25;E-Feb 2/26) floor area of a backyard suite
shall not exceed 1,000 square feet (93.0 square metres) (RC-May
23/24;E-June 13/24);
(v)
Notwithstanding the parking requirements of Section 4.24, 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-June 13/24);
(vii)
A backyard suite must be located on the same lot as the main dwelling
unit;
(viii) A backyard suite shall have unobstructed access that
(A)
connects the backyard suite to a street;
(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-June 13/24)
(ix)
A non-conforming accessory building may be converted to a backyard
suite if the gross (RC-Dec 11/25;E-Feb 2/26) floor area of the backyard
suite does not exceed 93 square metres. (RC-May 23/24;E-June 13/24)
4.13 TEMPORARY CONSTRUCTION USES PERMITTED (HECC-Jan 20/09;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
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.
Eastern Shore (East) Land Use By-law
Page 25
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.
4.14 VEHICLE BODIES
No truck, bus, coach, motor home, camper trailer (RC-Dec 11/25;E-Feb 2/26) or
streetcar body, 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 except in an RE
(Rural Resource), MU (Mixed Use) or I-1 (Business Industry) Zone. For clarity, a
shipping container is not considered a vehicle body. (RC-Dec 11/25;E-Feb 2/26)
4.15 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 Section 83 to 87 of the Planning Act shall prevail.
4.16 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.
4.17 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, telecommunication towers, space
centres, ventilators, skylights, barns, chimneys, clock towers, windmills (RC-Aug
16/11;E-Oct 29/11) or solar collectors.
Eastern Shore (East) Land Use By-law
Page 26
4.18 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 a 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 m2 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 for construction and
demolition operations shall be as specified under the applicable CD
Zone.
(f)
Within the buffer required pursuant to clause (e), no excavation,
infilling, tree, stump and other vegetation removal or any alteration of
any kind shall be permitted in relation to a development.
(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 than 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 may 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
Eastern Shore (East) Land Use By-law
Page 27
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.
4.18A 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 lands within the I-1 (Business Industry
Zone, abutting the port of Sheet Harbour or 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.
(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.
4.19 PERMITTED ENCROACHMENTS
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:
(a)
Uncovered patios, walkways or steps may be located in any yard.
(b)
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.
(c)
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.
(d)
Exterior balconies, porches, verandas, sundecks and solariums shall not be
permitted to project into any required yard.
(e)
The provisions of this Section shall not restrict the location of ornamental planting
of landscaping in any yard unless otherwise indicated in this By-law.
(f)
Access ramps for the mobility disabled may be located in any yard.
Eastern Shore (East) Land Use By-law
Page 28
4.20 YARD EXCEPTION
(a)
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 high water mark or a
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 main wall of the main building or structure of 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.
(b)
Where two unit dwellings are permitted, the side yard common to both units of a
semi-detached dwelling shall not be required.
4.21 ILLUMINATION
No illuminated sign shall be erected or illuminate an area outside any building unless such
illumination is directed away from adjoining properties and any adjacent street or private
road.
4.22 COMMERCIAL MOTOR VEHICLES
No commercial vehicles shall be kept less than (10) feet (3.1 m) from any front lot line
within any MU, I-1 or RE Zone. No commercial vehicles shall be kept on a lot within any
R-6A, P-3 or RPK or PA Zone. (HEMDCC-Sep 2/21;E-Sep 18/21)
4.23 DERELICT VEHICLES
No derelict vehicles shall be kept, stored or located on any property where the derelict
vehicle may be seen from any street or road or private road.
4.24 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
1 space per dwelling unit
below:
Multiple dwellings
1.5 spaces per dwelling unit
Shared Housing Use (RC-Aug 9/22;E-Sep 15/22) 0 spaces
Eastern Shore (East) Land Use By-law
Page 29
Retail stores, service and personal
service shops:
(a)
exceeding 5,000 square feet
5.5 spaces per 1,000 square
(464.5 m2) of gross floor area
feet (92.9 m2) of gross floor area
(b)
not exceeding 5,000 square feet
3.3 spaces per 1,000 square
(464.5 m2) of gross floor area
feet (92.9 m2) of gross floor area
Banks, financial institutions and offices
3.3 spaces per 1,000 square feet
(92.9m2) 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 floor area
(92.9 m2) of gross floor area
(b)
not exceeding 300 square
5 spaces
feet (28 m2) of gross floor
area
Lounges, taverns and
20 spaces per 1000 square feet
beverage rooms
(92.9 m2) of gross floor area
Theatres
1 space per 5 seats
Institutional uses except as
- where there are fixed seats, the
otherwise specified
greater of 1 space per 4 seats and 1
(RC-Aug 9/22;E-Sep 15/22)
space per 100 square feet (9.3 m2) of
gross floor area
- where there are no fixed seats the
greater of 1 space per 100 square feet
(9.3 m2) of gross floor area 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
Fire stations
2 spaces per 1,000 square feet (93
(HEMDCC-Sep 2/21;E-Sep 18/21)
m2) of gross floor area
Eastern Shore (East) Land Use By-law
Page 30
USE
PARKING REQUIREMENT
Municipal Community Facilities
4.5 space per 1,000 square feet (93
including recreation centres,
m2)
community halls and public libraries
(HEMDCC-Sep 2/21;E-Sep 18/21)
Schools
3 spaces per classroom plus 1 space
per 20 senior high school students
Hospitals
2 spaces per bed
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
USE
PARKING REQUIREMENT
general industrial uses
100 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 Section 4.24(a) above, 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
- 1 reserved parking space for
any health practitioner
the 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 50 units
to a maximum of 10
Eastern Shore (East) Land Use By-law
Page 31
USE
PARKING REQUIREMENT
Restaurants and Theatres
1 reserved parking space per 50 seats
to a maximum of 10
All other uses excluding churches,
1 reserved parking space for
fire stations and
the mobility disabled per 15 -
any industrial use which does not
100 parking spaces required
have a retail function
1 additional space for each additional
100 required spaces or part thereof, to
a maximum of 10
(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 (3.7 m) by twenty (20)
feet (6.1 m);
(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.
4.25 STANDARDS FOR PARKING LOTS
Where a parking lot for more than four (4) vehicles is required or permitted, the following
shall apply:
(a)
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;
(b)
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 (3.1 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);
(c)
the lot shall be maintained with a stable surface that is treated to prevent the raising
of dust or loose particles;
(d)
the lights used for illumination of the lot shall be so arranged as to divert the light
away from streets, adjacent lots and buildings; and
(e)
all parking areas shall provide manoeuvring areas or aisles to permit vehicles to
leave the property in a forward motion.
4.26 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,
Eastern Shore (East) Land Use By-law
Page 32
loading or unloading of persons, animals or goods, unless there is maintained on
the same premises, a loading space(s) with every such use:
Gross Floor Area
Number of Spaces
Less than 4,999 square feet (464.4 m2)
0
5,000 - 14,999 square feet (464.4 - 1393.5 m2)
1
15,000 - 34,999 square feet (1393.5 - 3251.5 m2)
2
More than 35,000 square feet (3251.5 m2)
3
(b)
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.
(c)
Loading space areas, including driveways leading thereinto, shall be constructed of
and maintained with a stable surface which is treated so as to prevent the raising of
dust or loose particles.
4.27 DAYLIGHTING TRIANGLE
On a corner lot, no fence, sign, hedge, shrub, bush or three or any other structure or
vegetation which restricts vision shall be erected or permitted to grow to a height more than
two (two) feet (.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.
4.28 LIVESTOCK
Livestock may be kept on a property only where agriculture is a permitted use.
4.29 COMPOSTING OPERATIONS
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.
dwelling
1,650 feet (500 m)
2.
community facility use
1,650 feet (500 m)
3.
commercial 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 Department of Engineering and Works,
and any access road for such operations shall not occur through land zoned for
residential use (R-6 and FV Zones).
Eastern Shore (East) Land Use By-law
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4.30 USES PERMITTED ON EXISTING PRIVATE ROADS (Deleted: RC-Jun 27/06;E-
Aug 26/06)
4.31 SCHEDULE C - AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL (RC-Jun
25/14;E-Oct 18/14)
Where excavation is required for a development on any area identified on Schedule
C 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, Heritage Division for any action it deems necessary with respect to the
preservation of archaeological resources in accordance with provincial requirements.
4.32 SCHEDULE D - 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 D
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.
4.33 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.
Eastern Shore (East) Land Use By-law
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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
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 B-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.
Eastern Shore (East) Land Use By-law
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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.
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:
Eastern Shore (East) Land Use By-law
Page 36
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;
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;
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.
Eastern Shore (East) Land Use By-law
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V
EXCEPTIONS
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
Eastern Shore (East) Land Use By-law:
i)
RPK (Regional Park) Zone;
ii)
PA (Protected Area) 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, 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 B-1 - Wind Energy Zoning
4.34 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.
Eastern Shore (East) Land Use By-law
Page 38
4.35 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).
4.36 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.
c)
Notwithstanding a) and b) above, one dwelling unit per lot may be used as a
short-term rental, provided all other requirements of the Land Use By-law are
met. (RC-Dec 11/25;E-Feb 2/26)
4.37 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.
Eastern Shore (East) Land Use By-law
Page 39
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 sign shall be erected unless all the sign provisions of this By-law are satisfied.
(c)
For the purposes of this Part, the area of a sign shall be considered to be the area of
the smallest rectangle, triangle or circle which can circumscribe the face of the sign
and, in the case of signs having more than one face, shall be the total area of all
faces.
5.1 A TEMPORARY SIGNAGE
(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. (RC-Sep 26/06; E-Nov
18/06)
5.2
SAFETY
Every sign and all parts thereof, including framework, supports, background, anchors and
wiring systems shall be constructed in conformity with the Building Code Act Regulations
and any fire prevention and electrical codes.
5.3
SIGNS PERMITTED IN ALL ZONES
The following signs shall be permitted in any MU, R-6A, I-1, RE, P-3 or RPK or PA Zone:
(HEMDCC-Sep 2/21;E-Sep 18/21).
(a)
Any sign which has an area of no more than four (4) square feet (0.4 m2) and which
identified the name and address of a resident;
(b)
Any sign which has an area of no more than four (4) square feet (0.2 m2) and which
regulates the use of property, such as "No Trespassing" signs;
(c)
Any real estate sign which has an area of no more than eight (8) square feet
(0.7 m2);
(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 such as 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; and
(h)
Any memorial sign, plague or tablet.
Eastern Shore (East) Land Use By-law
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5.4
COMMERCIAL SIGN RESTRICTION
Where uses are permitted as commercial, industrial or resource uses in any MU, RE or I-1
Zone, the following shall apply:
(a)
There shall be no more than three (3) signs advertising any commercial, industrial
or resource uses or products on any lot; and
(b)
The area of any sign shall not be more than one hundred (100) square feet (9.3 m2).
5.5
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 advertises a bona fide business which no longer conducts business,
or sells a product. Such signs are deemed to be obsolete 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.
(g)
Any sign painted on a tree, stone, cliff or other natural object; and
(h)
Any sign which incorporates any flashing or any sign which has any visible moving
part or mechanical movement whether achieved by natural or artificial means or
any searchlight.
5.6
PROJECTING SIGNS
Where a projecting sign is permitted in any MU, R-6A, I-1 or RE Zone, no projecting sign
shall:
(a)
project over a public right-of-way or lot lines;
(b)
be erected below a height of ten (10) feet (3.1 m); or
(c)
be permitted to swing freely on its supports.
5.7
GROUND SIGNS
Where a ground sign is permitted in any MU, R-6A, I-1, RE or RPK or PA Zone, no
ground sign shall: (HEMDCC-Sep 2/21;E-Sep 18/21)
Eastern Shore (East) Land Use By-law
Page 41
(a)
extend beyond a property line or project over a public right-of-way or lot line; or
(b)
be less than ten (10) feet (3.1 m) from any street line or abutting lot line.
5.8
FACIAL WALL SIGNS
No facial wall sign shall:
(a)
extend above the top of the wall upon which it is attached;
(b)
extend beyond the extremities of the wall upon which it is attached; or
(c)
exceed twenty-five (25) percent of the area of the wall on which it is attached.
Eastern Shore (East) Land Use By-law
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PART 6:
MU (MIXED USE) ZONE
6.1
MU USES PERMITTED
No development permit shall be issued in any MU (Mixed Use) Zone except for the
following:
RESIDENTIAL USES
Single unit dwellings
Two 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)
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
Existing multiple unit dwellings containing more than 4 units
Multiple unit dwellings containing a maximum of 4 units
Home based business uses in conjunction with permitted dwellings
COMMERCIAL USES
Antique shops
Craft shops
Convenience stores
Grocery stores
Variety stores
(Deleted: MDVCCC-Jan 23/02;E-Feb 10/02)
Commercial schools
Theatres and cinemas
Trade contracting services and shops
Beverage rooms
Service and personal service shops
Medical clinics
Restaurants including full service, drive-in and take-out
Service stations and automobile repair outlets
Bakeries
Banks and financial institutions
Offices
Funeral parlours and undertaking establishments including crematoriums
Garden centres
Marinas
Outdoor display courts
Photographic studios
Retail stores
Shopping centres
Printing establishments
Taxi and bus stations
Veterinary clinics
Warehousing and wholesaling
Manufacturing and assembly uses
Utility, communication buildings or structures
Wharves and boathouses
Eastern Shore (East) Land Use By-law
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Existing service industry uses
Existing uses
Commercial Accommodation Uses (MDVCCC-Jan 23/02;E-Feb 10/02)
Short-term Rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term Bedroom Rentals (RC-Feb 21/23;E-Sep 1/23)
RESOURCE AND TRADITIONAL USES
Agricultural uses
Forestry uses
Fishery support uses
Fish sheds and boat sheds
Traditional uses
COMMUNITY USES
Daycare facilities
Institutional uses
Open space uses
Recreation uses
OTHER USES (RC-Sep 18/18;E-Nov 3/18)
Cannabis production facilities
6.2
MU ZONE REQUIREMENTS
Where uses are permitted as Residential, Commercial, Resource and Traditional, and
Community uses in any MU Zone, no development permit shall be issued except in
conformity with the following:
Minimum lot area
20,000 square feet (1858 m2)
Minimum frontage
100 feet (30.5 m)
Minimum front or flankage yard
30 feet (9.1 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)
6.3
OTHER REQUIREMENTS: MULTIPLE UNIT DWELLINGS
Where multiple unit dwellings are permitted in any MU Zone, no development permit shall
be issued except in conformity with the following:
Minimum lot area
15,000 square feet (1393.5 m2) per dwelling
unit
Minimum frontage
100 feet (30.5 m)
Minimum front or flankage yard
30 feet (9.1 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)
Eastern Shore (East) Land Use By-law
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6.4
OTHER REQUIREMENTS: HOME BASED BUSINESS USES
Where home based business uses in conjunction with a dwelling are permitted in any MU
Zone the following shall apply:
(a)
Any lot that is used for such purposes shall be the principle residence of the operator
of the business;
(b)
No materials or equipment shall be used except that which is reasonable consistent
with that business and shall not be obnoxious or create a nuisance by virtue of noise,
vibration, odour or glare;
(c)
One off-street parking space, other than that required for the dwelling, shall be
provided for every three hundred (300) square feet (27.9 m2) of floor area devoted
to any home business;
(d)
No more than one (1) sign shall be permitted on any lot and no such sign shall
exceed twenty (6) square feet (0.56 m2) in area;
(e)
No more than twenty-five (25) percent of the total gross floor area of the dwelling
unit shall be devoted to home business uses within the dwelling, and in no case shall
the total gross floor area of structures devoted to home business uses exceed one
thousand (1,000) square feet (92.9 m2);
(f)
No outdoor storage or outdoor display shall be permitted in any yard where such
yard abuts any residential uses, except where a fence or a landscaped area providing
a visual barrier and measuring at least six (6) feet (1.8 m) in height is provided;
(g)
No outdoor storage shall be permitted in any front yard;
(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; and
6.5
OTHER REQUIREMENTS: DAY CARE USES
Where day care facilities are permitted in any MU Zone, the following shall apply:
(a)
One off-street parking space shall be provided for every three hundred (300) square
feet (27.9 m2) of floor area devoted to any day care facility.
6.6
OTHER REQUIREMENTS: COMMERCIAL USES
Where uses are permitted as Commercial Uses in any MU Zone, the following shall apply:
(a)
The total gross floor area of all structures devoted to a commercial use shall not
exceed five thousand (5,000) square feet (464.5 m2);
(b)
No portion of any lot shall be used for the collection and storage of refuse unless
the refuse containers are screened;
(c)
No outdoor storage shall be permitted in any front yard; and
(d)
Except where any commercial use abuts another commercial use, 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 erected.
Eastern Shore (East) Land Use By-law
Page 45
6.7
OTHER REQUIREMENTS: MEDICAL CLINICS
Notwithstanding the provisions of Sections 6.2 and 6.6, where medical clinics are permitted
in any MU Zone, the following shall apply:
(a)
No medical clinic shall be located less than thirty (30) feet (9.1 m) from any lot line
nor less than fifty (50) feet (15.2 m) from any dwelling).
6.8
OTHER REQUIREMENTS: AGRICULTURE USES
Notwithstanding the provisions of Section 6.2, where agricultural uses are permitted in any
MU Zone, and where any barn, stable or other building intended for the keeping of
domestic fowl or other livestock is to be erected, no structure shall:
(a)
Be less than fifty (50) feet (15.2 m) from any side lot line;
(b)
Be less than three hundred (300) feet (91.4 m) from any residential dwelling or
potable water supply except a dwelling or water supply on the same lot or directly
related to the agricultural use; and
(c)
Be less than three hundred (300) feet (91.4 m) from any water course or water body.
6.9
OTHER REQUIREMENTS: FORESTRY USES
Notwithstanding the provisions of Section 6.2, where forestry uses are permitted in any
MU Zone, the following shall apply:
(a)
The combined gross floor area of all structures devoted to the forestry use shall not
exceed three thousand (3,000) square feet (278.7 m2); and
(b)
Any area devoted to open storage shall not be permitted within any required front
yard or side yard and shall not exceed twenty-five (25) percent of the lot area.
6.10
OTHER REQUIREMENTS: OPEN SPACE USES
Where open space uses are permitted in any MU 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)
6.11
EXEMPTION: OPEN SPACE USES
Notwithstanding the provisions of Section 4.1(a) where open spaces uses are permitted,
and where such uses involve no buildings or structures, no development permit shall be
required.
6.12
OTHER REQUIREMENTS: TRADITIONAL USES
Where traditional uses are permitted in any MU Zone, the following shall apply:
Eastern Shore (East) Land Use By-law
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(a)
Any materials associated with the traditional use shall be contained within a
building or otherwise enclosed by a fence, vegetation or other means which provide
a visual and physical barrier.
6.13
OTHER REQUIREMENTS: FISH SHEDS AND BOAT SHEDS
Notwithstanding the provisions of Section 6.2, where fish sheds and boat sheds are
permitted in any MU Zone, the following shall apply:
Minimum front or side yard
4 feet (1.2 m)
Maximum lot coverage
50 percent
6.14 OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep
18/18;E-Nov 3/18)
(a)
A cannabis production facility shall comply with the requirements of Section
6.2 and 6.6.
(b)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground,
such facility, including any building or outdoor area used as a cannabis production
facility, shall be set back a minimum 230 feet (70 metres) from the abutting lot line.
Eastern Shore (East) Land Use By-law
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PART 7:
R-6A (RURAL RESIDENTIAL A) ZONE
7.1
R-6A USES PERMITTED
No development permit shall be issued in any R-6A (Rural Residential A) Zone except for
the following:
Residential Uses
Single unit dwellings
Two 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)
Daycare facilities
Home based business uses in conjunction with permitted dwellings
7.2
R-6A ZONE REQUIREMENTS
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 m2)
Minimum frontage
100 feet (3.5 m)
Minimum front or flankage yard
30 feet (9.1 m)
Minimum rear or side yard
8 feet (2.4 m)
Maximum lot coverage
35 percent
Maximum height
35 feet (10.7 m)
7.3
OTHER REQUIREMENTS: HOME BASED BUSINESS USES
Where home business uses in conjunction with a dwelling are permitted in any R-6A Zone
the following shall apply:
(a)
Any lot that is used for such purposes shall be the principle residence of the operator
of the business;
(b)
No materials or equipment shall be used except that which is reasonable consistent
with that business and shall not be obnoxious or create a nuisance by virtue of noise,
vibration, odour or glare;
(c)
One off-street parking space, other than that required for the dwelling, shall be
provided for every three hundred (300) square feet (27.9 m2) of floor area devoted
to any home business;
(d)
No more than one (1) sign shall be permitted on any lot and no such sign shall
exceed twenty (6) square feet (0.56 m2) in area;
(e)
No more than twenty-five (25) percent of the total gross floor area of the dwelling
unit shall be devoted to home business uses within the dwelling, and in no case shall
the total gross floor area of structures devoted to home business uses exceed one
thousand (1,000) square feet (92.9 m2);
(f)
No outdoor storage or outdoor display shall be permitted in any yard where such
yard abuts any residential uses, except where a fence or a landscaped area providing
a visual barrier and measuring at least six (6) feet (1.8 m) in height is provided;
Eastern Shore (East) Land Use By-law
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(g)
No outdoor storage shall be permitted in any front yard; and
(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.
7.4
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-6A Zone, the following shall apply:
(a)
One off-street parking space shall be provided for every three hundred (300) square
feet (27.9 m2) of floor area devoted to any day care facility; and
(b)
No more than one (1) sign shall be permitted on any lot and no such sign shall
exceed twenty (20) square feet (1.9 m2) in area.
Eastern Shore (East) Land Use By-law
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PART 8:
I-1 (BUSINESS INDUSTRY) ZONE
8.1
I-1 USES PERMITTED
No development permit shall be issued in any I-1 (Business Industry) Zone except for the
following:
INDUSTRIAL PARK USES
Industrial uses
Transportation uses
Building supply outlets
Service industries
Salvage operations
General contracting, storage yards and services
Recycling depots and facilities
Shipyards
Composting operations
All commercial uses permitted in the MU Zone
Office, retail and showroom facilities accessory to any permitted use
Open storage and outdoor display
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
COMMUNITY USES
Institutional uses
Recreational uses
8.2
I-1 ZONE REQUIREMENTS
In any I-1 Zone, where uses are permitted as Industrial Park Uses and Community Uses,
no development permit shall be issued except in conformity with the following:
Minimum lot area
20,000 square feet (1858 m2)
Minimum frontage
100 feet (30.5 m)
Minimum front or flankage yard
30 feet (9.1 m)
Minimum rear or side yard
20 feet (6.1 m)
Maximum lot coverage
50 percent
Maximum height
35 feet
8.3
OTHER REQUIREMENTS: ENVIRONMENTAL
Notwithstanding Section 8.1, no material or equipment shall be used which creates a
nuisance by virtue of noise, vibration, odour, glare or which is obnoxious.
8.4
OTHER REQUIREMENTS: COMPOSTING OPERATIONS
Where composting operations are permitted in the I-1 Zone, the provisions of Section 4.29
shall apply.
Eastern Shore (East) Land Use By-law
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8.5
OTHER REQUIREMENTS: OPEN STORAGE AND OUTDOOR DISPLAY
Where any portion of any lot in an I-1 Zone is to be used for open storage or outdoor
display, the following shall apply:
(a)
No open storage shall be permitted within any required front yard; and
(b)
No outdoor display shall be located within ten (10) feet (3.1 m) of any front lot line.
8.6
OTHER REQUIREMENTS: INDUSTRIAL PARK USES ON LANDS ADJACENT TO
EXISTING PARK BOUNDARIES
Where the Sheet Harbour Industrial Park expands onto adjacent lands, the following shall
apply:
(a)
No industrial park uses shall be located:
(i)
less than five hundred (500) feet (152.4 m) from any dwelling; and
(ii)
less than two hundred (200) feet (60.9 m) from any watercourse.
(b)
No industrial park uses shall have access through a residential (R-6A) Zone, except
where no other access can be granted by the Municipality or the provincial
Department of Transportation and Communications.
8.7
OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep
18/18;E-Nov 3/18)
(a)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground,
such facility, including any building or outdoor area used as a cannabis production
facility, shall be set back a minimum 230 feet (70 metres) from the abutting lot line.
Eastern Shore (East) Land Use By-law
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PART 9:
RE (RURAL RESOURCE) ZONE
9.1
RE USES PERMITTED
No development permit shall be issued in any RE (Rural Resource) Zone except for the
following:
All MU Zone uses
Forestry uses
Fishery uses and fishing support uses
Agricultural uses
Intensive agriculture uses
Extractive facilities
Communications transmission stations
Kennels
Hunting and fishing camps
Commercial recreation uses
Industrial uses and service industries, excluding salvage yards
Composting operations
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
9.2
RE ZONE REQUIREMENTS
In any RE Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Height of Main Building
35 feet (10.7 m)
Maximum lot coverage
35 percent
9.3
OTHER REQUIREMENTS: MU ZONE USES
Where MU Zone uses are permitted in any RE Zone, the requirements of Sections 6.3, 6.4,
6.5, 6.6, 6.7, 6.8, 6.10, 6.11, 6.12 or 6.13 shall apply.
9.4
OTHER REQUIREMENTS: FORESTRY USES
Where forestry uses are permitted in any RE Zone, the following shall apply:
(a)
No forest processing operation shall be located:
(i)
less than twenty (20) feet (6.1 m) from any lot line;
(ii)
less than fifty (50) feet (15.2 m) from any dwelling except a dwelling on the
same lot;
(iii)
less than fifty (50) feet (15.2 m) from any MU or R-6A Zone;
(iv)
less than three hundred (300) feet (91.4 m) from any watercourse; and
Eastern Shore (East) Land Use By-law
Page 52
(v)
less than three hundred (300) feet (91.4 m) from any potable water supply
(well) on the same lot.
9.5
OTHER REQUIREMENTS: INTENSIVE AGRICULTURAL USES
Where intensive agricultural uses are permitted in any RE Zone, the following shall apply:
(a)
No barn, stable, or other building intended for the keeping of domestic fowl or other
livestock shall be located:
(i)
less than fifty (50) feet (15.2 m) from any side lot line;
(ii)
less than three hundred (300) feet (91.4 m) from any dwelling or potable
water supply except a dwelling or supply on the same lot or directly related
to the agricultural use; and
(iii)
less than three hundred (300) feet (91.4 m) from any watercourse.
(b)
No intensive agricultural use shall be less than five hundred (500) feet from any
mixed use or residential (MU, R-6A) Zone nor shall it have access through a mixed
use or residential (MU, R-6A) Zone, except where no other access can be granted
by the Municipality or the provincial Department of Transportation and
Communications.
9.6
OTHER REQUIREMENTS: EXTRACTIVE FACILITIES
Where extractive facilities are permitted in any RE Zone, the following shall apply:
(a)
No extractive facilities shall be located:
(i)
less than one hundred (100) feet (30.5 m) from any lot line;
(ii)
less than three hundred (300) feet (91.4 m) from any dwelling or potable
water supply except a dwelling or supply on the same lot;
(iii)
less than three hundred (300) feet (91.4 m) from any MU or R-6A Zone;
and
(iv)
less than three hundred (300) feet (91.4 m) from any watercourse.
9.7
OTHER REQUIREMENTS: KENNELS
Where kennels are permitted in any RE Zone, the following shall apply:
(a)
No kennel shall be located:
(i)
less than twenty (20) feet (6.1 m) from any lot line;
(ii)
less than one hundred (100) feet (30.5 m) from any dwelling or potable
water supply except a dwelling or supply on the same lot; and
(iii)
less than one hundred (100) feet (30.5 m) from any watercourse.
9.8
OTHER REQUIREMENTS: HUNTING AND FISHING CAMPS
Notwithstanding the provisions of Section 9.2, in any RE Zone where any hunting or
fishing camp is permitted, no development permit shall be issued except in conformity with
the following:
Minimum front yard
30 feet (9.1 m)
Eastern Shore (East) Land Use By-law
Page 53
Minimum side or rear yard
4 feet (1.2 m)
Maximum lot coverage
50 percent
9.9
OTHER REQUIREMENTS: COMMERCIAL RECREATION USES
Where commercial recreation uses are permitted in any RE Zone, the following shall apply:
(a)
No commercial recreation use shall be located:
(i)
less than fifty (50) feet (15.2 m) from any lot line;
(ii)
less than one hundred (100) feet (30.5 m) from any dwelling except a
dwelling located on the same lot;
(iii)
less than three hundred (300) feet (91.4 m) from any potable water supply
except a supply located on the same lot; and
(iv)
less than three hundred (300) feet (91.4 m) from any watercourse.
9.10
OTHER REQUIREMENTS: INDUSTRIAL USES
Where industrial uses are permitted in any RE Zone, the following shall apply:
(a)
No industrial use shall be located:
(i)
less than fifty (50) feet (15.2 m) from any lot line;
(ii)
less than one hundred (100) feet (30.5 m) from any dwelling except a
dwelling located on the same lot;
(iii)
less than three hundred (300) feet (91.4 m) from any potable water supply,
except a supply located on the same lot; and
(iv)
less than three hundred (300) feet (91.4 m) from any watercourse.
9.11
OTHER REQUIREMENTS: SERVICE INDUSTRIES
Where service industries are permitted in any RE Zone, the requirements of Section 6.6
shall apply.
9.12
OTHER REQUIREMENTS: FISH SHEDS AND BOAT SHEDS
Notwithstanding the provisions of Section 9.2, where fish sheds and boat sheds are
permitted in any MU Zone, the following shall apply:
Minimum front or side yard
4 feet (1.2 m)
Maximum lot coverage
50 percent
9.13
OTHER REQUIREMENTS: COMPOSTING OPERATIONS
Where composting operations are permitted in any RE Zone, the provisions of Section 4.29
shall apply.
Eastern Shore (East) Land Use By-law
Page 54
9.14 OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep
18/18;E-Nov 3/18)
(a)
A cannabis production facility shall comply with the requirements of Section
9.10(a)(i), (iii) and (iv).
(b)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground,
such facility, including any building or outdoor area used as a cannabis production
facility, shall be set back a minimum 230 feet (70 metres) from the abutting lot line.
Eastern Shore (East) Land Use By-law
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PART 10: P-3 (COASTAL CONSERVATION) ZONE
10.1
P-3 USES PERMITTED
No development permit shall be issued in any P-3 (Coastal Conservation) Zone except for
the following:
Conservation related uses
Fishery support uses involving no buildings
Historic sites and monuments
Parks and open space uses
10.2
P-3 ZONE REQUIREMENTS
In any P-3 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
5,000 square feet (464.5 m2)
Minimum Front or Flankage Yard
25 feet (7.6 m)
Minimum Side Yard
15 feet (4.6 m)
Minimum Rear Yard
25 feet (7.6 m)
Eastern Shore (East) Land Use By-law
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PART 11: RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct
18/14)
11.1
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
Marinas
Uses accessory to the foregoing uses
Community Uses
Institutional Uses
(HEMDCC-Sep 2/21;E-Sep 18/21)
11.2
RPK ZONE REQUIREMENTS
In any RPK Zone, no development permit shall be issued except in conformity with
the following:
Minimum Front or Flankage Yard:
20m
Minimum Side or Rear Yard:
20m
Maximum Lot Coverage:
50% for lots less than 4 ha in area, or
5% for lots 4 ha or more in area
Maximum Height of Main Building
10.7 m
Eastern Shore (East) Land Use By-law
Page 57
PART 11A:
CD-1 (C&D MATERIALS TRANSFER STATIONS)
ZONE (RC-Sep 10/02;E-Nov 9/02)
11A.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
11A.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)
11A.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
60 metres (196.9 feet)
dwelling or institutional use
(iii)
from a watercourse
30 metres (98.4 feet)
(b)
notwithstanding Section 11A.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 11A.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).
Eastern Shore (East) Land Use By-law
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11A.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 11A.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-6A) or community use (P-3 and RPK and PA)
(HEMDCC-Sep 2/21;E-Sep 18/21); and
(g)
no portion of the operation shall be located within a 1:100 year floodplain.
11A.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
Eastern Shore (East) Land Use By-law
Page 59
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.
Eastern Shore (East) Land Use By-law
Page 60
PART 11B:
CD-2 (C&D MATERIALS PROCESSING FACILITIES)
ZONE (RC-Sep 10/02;E-Nov 9/02)
11B.1 CD-2 USES PERMITTED
No development permit shall be issued in any CD-2 (C&D Recycling) Zone except for
the following, pursuant to the Site Plan Approval process:
Construction and Demolition Materials Processing Facilities
All CD-1 Zone uses
Uses Accessory to permitted uses, excluding construction and demolition disposal
Accessory dwelling unit which are provided for the purposes of safety, security, or
maintenance
11B.2 CD-2 ZONE REQUIREMENTS
In any CD-2 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
30 metres (98.4 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)
11B.3 OTHER REQUIREMENTS: C&D MATERIALS TRANSFER STATIONS
In any CD-2 Zone, no development permit shall be issued for any C&D Materials
Transfer Stations except in conformity with the provision for such a use as contained
within the CD-1 Zone.
11B.4 OTHER REQUIREMENTS: C&D MATERIALS PROCESSING FACILITIES
No development permit shall be issued for C&D materials processing facility except
in compliance with the following provisions:
(a)
any building, structure or area used for processing shall meet the following
separation distances:
(i)
from any property line
60 metres (196.8 feet)
(ii)
from the nearest residential
dwelling or institutional use
90 metres (295.3 feet)
(iii)
from a watercourse
60 metres (196.8 feet)
Eastern Shore (East) Land Use By-law
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(b)
notwithstanding Section 11B.4(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 11B.4(a), any C&D Materials Processing Facility
which is to be totally enclosed within a building (no outdoor storage of
material, product, processing area, or equipment) setback from any property
line may be reduced to 10 metres (32.8 feet).
11B.5 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)
the operation complies with the general zone requirements as outlined in
Section 11A.4.
(b)
notwithstanding Sections 11B.2 to 11B.4, inclusive, more than one C&D
Materials operation is permitted on a site and each use shall be subject to the
applicable standards unless the uses are not clearly differentiated than the
more stringent requirements shall apply to the permitted uses.
11B.6 GENERAL REQUIREMENTS: SITE PLAN APPROVAL
C&D Materials Operations are subject to approval of a site plan. The Development
Officer shall approve a site plan for each use which deals with those matters outlined
in Section 11A.5.
Eastern Shore (East) Land Use By-law
Page 62
PART 11C:
CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE
(RC-Sep 10/02;E-Nov 9/02)
11C.1 CD-3 USES PERMITTED
No development permit shall be issued in any CD-3 (C&D Disposal) Zone except for
the following, pursuant to the Site Plan Approval process:
Construction and Demolition Materials Disposal Sites
All CD-2 zone uses
Uses Accessory to permitted uses
Accessory dwelling unit which are provided for the purposes of safety, security, or
maintenance
11C.2 CD-3 ZONE REQUIREMENTS
In any CD-3 Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area
11,148 square metres (120,000 sq. ft.)
Minimum Frontage
15 metres (49.2 feet) central services
30 metres (98.4 feet) on-site services
Minimum Front Yard
50 metres (164 feet)
Minimum Side Yard
50 metres (164 feet)
Minimum Rear Yard
50 metres (164 feet)
Maximum Lot Coverage
50 %
Maximum Height
11 metres (36.1 feet)
11C.3 OTHER REQUIREMENTS: CD-1 AND CD-2 ZONE USES
In any CD-3 Zone, no development permit will be issued for any:
(a)
C&D Materials Processing Facility except in conformity with the provision for
such a use as contained within the CD-2 Zone; and
(b)
C&D Materials Transfer Station except in conformity with the provision for
such a use as contained within the CD-1 Zone.
11C.4 OTHER REQUIREMENTS: C&D MATERIALS DISPOSAL SITES
No development permit shall be issued for C&D disposal site except in compliance
with the following provisions:
(a)
no portion of the operation shall be located within 60 metres (196.8 feet) of any
side or rear property line abutting a residential or community facility use;
(b)
any building or structure used in conjunction with a disposal operation shall
meet the following separation distances:
(i)
from any property line
50 metres (164 feet)
(ii)
from the nearest residential dwelling or
Eastern Shore (East) Land Use By-law
Page 63
institutional use
90 metres (295.3 feet)
(iii)
from a watercourse
60 metres (196.8 feet)
11C.5 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)
the operation complies with the general zone requirements as outlined in
Section 11A.4.
(b)
Notwithstanding Sections 11C.2 to 11C.4, inclusive, more than one C&D
Materials operation is permitted on a site and each use shall be subject to the
applicable standards unless the uses are integrated than the more stringent
requirements shall apply to the permitted uses.
11C.6 GENERAL REQUIREMENTS: SITE PLAN APPROVAL
C&D Material Operations are subject to approval of a site plan. The Development
Officer shall approve a site plan for each use which deals with those matters as
outlined in Section 11A.5.
Eastern Shore (East) Land Use By-law
Page 64
PART 11D:
ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE
(RC-Jul 2/02;E-Aug 17/02)
11D.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
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Open Space Uses
11D.2 ICH ZONE REQUIREMENTS
In any ICH Zone, no development permit shall be issued except in conformity with
the requirements of the R-6A Zone.
Eastern Shore (East) Land Use By-law
Page 65
PART 11E:
PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct
18/14)
No development permit shall be issued in any PA (Protected Area) Zone except for the
following:
11E.1 PA USES PERMITTED
Scientific study and education, involving no buildings
Trails, boardwalks or walkways
Conservation uses
Uses accessory to the foregoing uses
11E.2 PA ZONE REQUIREMENTS
In any PA Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area:
930m²
Minimum Frontage:
30.5m
Minimum Front or Flankage Yard:
20m
Minimum Side or Rear Yard:
20m
11E.3 OTHER REQUIREMENTS: GRADE ALTERATION AND VEGETATION
REMOVAL
Within any PA zone, no infilling, excavation, alteration of grade or removal of
vegetation shall be permitted. The construction of board walks, walkways or trails
shall be permitted provided that no infilling or alteration of grade occurs other than
the placement of piles or the placement of trails on top of the existing grade.
Eastern Shore (East) Land Use By-law
Page 66
PART 12: ADMINISTRATION
12.1
ENFORCEMENT
This By-law shall be administered by the Development Officer.
12.2
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 application is being made;
(iii)
The location of every building or structure already erected on or partly on
the lot, 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, or development, conforms with the requirements of
this By-law.
(b)
Where the Development Officer is unable to determine whether the proposed
development conforms to this By-law and other bylaws and regulations in force
which affect the proposed development, he may require that the plans submitted
under this section be based upon an actual survey by a Nova Scotia Land Surveyor.
12.3
SIGNATURE FOR APPLICATION
The application shall be signed by the registered owner of the lot or by the owner's agent,
duly authorized 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.
12.4
PENALTY
Any person who violates a provision of this By-law shall be subject to prosecution as
provided for under Sections 108, 109 and 110 of the Planning Act.
12.5
DATE OF BY-LAW
This By-law shall take effect when approved by the Minister of Municipal Affairs.
12.6
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
Eastern Shore (East) Land Use By-law
Page 67
Development Agreement
$100.00
Rezoning
$100.00
12.7
PUBLIC HEARING NOTIFICATION (Repealed: RC-Jun 20/23;E-Oct 13/23)
Eastern Shore (East) Land Use By-law
Page 68
Schedule B-1: Wind Energy Zoning (RC-Jun 25/14;E-Oct 18/14)
Eastern Shore (East) Land Use By-law
Page 69
Schedule C:
Areas of Elevated Archaeological Potential (RC-Jun
25/14;E-Oct 18/14)
Eastern Shore (East) Land Use By-law
Page 70
Schedule D:
Wetlands (RC-Jun 25/14;E-Oct 18/14)
Eastern Shore (East) Land Use By-law
Page 71
LAND USE BY-LAW FOR EASTERN SHORE EAST PLAN AREA
AMENDMENT INDEX
Amendment
Number
Policies/Maps
Subject
Council
Adoption
Effective
1
3.6(e), 4.30
Permit development of
a residential
subdivision with
private roads in excess
of 600 feet (PA-ES(E)-
10-97)
August 17, 1999
September 18,
1999
2
2.11, 2.40, 2.59 (deletion)
2.12A, 6.1
Alter setback
requirements from
watercourses for such
cottages within the RE
Zone (Case No. 00348)
January 23, 2002
February 10,
2002
3
3.1, 11D
Infrastructure Charges
(Project No. 00423)
July 2, 2002
August 17, 2002
4
Definitions, 11A, 11B, 11C
Construction and
Demolition Waste
Management Strategy
(Project NO. 00082)
September 10,
2002
November 9,
2002
5
Adding P-4 Zone, Schedules C & D,
Sec 4.1A,4.31 & 4.32 to General
Provisions, Adding the clause
following Sec 3.6(e) & Section
4.18A Replacing Sections 2.17,
2.73, 2.95, the P-4 Zone with RPK
Zone &
Sec 4.18. Deleting Sec4.30 and
Subsection 3.6(e).
Regional Plan
Amendments
June 27, 2006
August 26, 2006
6
5.1A Temporary Signage,
Replace 2.87
Case No. 00327
RC - September
26, 2006
E - November
18, 2006
7
Amend Section 4.24 (Parking
Requirements)
Case No. 01119
RC - August 5,
2008
E - August 23,
2008
8
Amend Section 4.13 Temporary
Construction uses permitted
Case No. 01058
HECC - January
20, 2009
E - February 7,
2009
9
Replaced Section 2.22; Day Care
Facility
Case No. 01017
HECC - March 3,
2009
E - March 21
2009
10
Deleted the word "windmills" in
Section 4.17; Added Section 4.33
Wind Energy Facilities in Part 4:
General Provisions for All Zones;
Added Schedule B-1: Wind Energy
Zoning Map
Case No. 00953
RC - August 16,
2011
E - October 29,
2011
11
Amend Part 4, Section 33 IV by
adding b) and c) after a): Wind
Energy Facilities.
Case No. 00953
RC - October 18,
2011
E - October 29,
2011
12
Repeal/Readopt Section 2.17, 2.73,
2.95; parts of 3.1, 3.6, 4.1A, 4.18,
4.18A, 4.31, 4.32, 4.33; Part 11,
11E; Schedule B, B-1; Add Section
2.11A, 2.94A; Section 4.34; Amend
Section 3.6; 4.18, 4.18A; Schedule
B, C, B-1, D, Zoning Map.
RP+5
RC - June 25,
2014
E - October 18,
2014
13
Add Section 4.4(d) - Reduced lot
frontage
25 Acre Lots
RC - January 10,
2017
E - February
25, 2017
Eastern Shore (East) Land Use By-law
Page 72
14
Amend several sections to add
Cannabis related uses Nov 3/18
Case 21331
RC - September
18, 2018
E - November
3, 2018
15
Add Part 2, Section 2.90A -
Backyard/Secondary Suites; Part 4,
Section 4.12A - Secondary Suites
and Backyard Suites; Amend Part 4,
Section 4.6 - One Dwelling on a
Lot; Part 4, Section 4.18A - Coastal
Areas
Case 21162 -
Secondary / Backyard
Suites
RC - September 1,
2020
E - November
7, 2020
16
Amend sections - 4.22, Part 4,
Section 5.3, 5.7; Part 11, Section
11A.4 & Schedule B
Case 23221
HEMDCC -
September 2, 2021
E - September
18, 2021
17
Amended: Part 2, Section 2 and
Part 4 to include Accessory Hen Use
definitions and stipulations
Case 22227
RC - October 5,
2021
E - January 8,
2022.
18
Amended Part 2, Definitions -
Section 2.42; Part 4, General
Provisions for all Zones - Section
4.24, 4.33I(a); Part 6, MU Zone -
Section 6.1; Part 7, R-6A Zone -
Section 7.1; Part 11D, ICH Zone -
Section 11D.1
Deleted Part 2, Definitions -
Section 2.76, 2.82
Added Part 2, Definitions - Section
2.85A, 2.85B; Part 3, Zones and
Zoning Maps - Section 3.6(f)
Case RP16-16 (Shared
Housing)
RC - August 9,
2022
E - September
15, 2022
19
Amended Clause 2.25(c). 2.41;
CDD(i), Section 4.34; Section 6.1
Added Section 3.8
Case 22257 (Regional
Plan - Phase 3)
RC - October 11,
2022
E - November
16, 2022
20
Amended Part 2, Definitions,
Section 2.12A; Part 4, Section 4.24;
Part 6, Section 6.1;
Added Part 2, Definitions, Section
2.86A, 2.86B; Part 4, Section 4.1(v),
4.1(vi); 4.36;
Deleted Part 2, Definitions, Section
2.8;
Case 24526 (Short
Term Rentals)
RC - February 21,
2023
E - September
1, 2023
21
Repealed Part 12, Section 12.7
Case 2023-002 (Public
Participation)
RC - June 20,
2023
E - October 13,
2023
22
Amended Part 2, section 2.88; Part
4, section 4.12(iii), clause
4.12A(a)(i)(v), 4.12A(b)(i)(iv)(vi)
Added Part 4, section 4.12(c),
clause 4.12A(b)(ix)
Repealed Part 2, clause 2.25(d)
MINORREV 2023-
01065 (Housing
Accelerator Fund
(HAF))
RC - May 23,
2024
E - June 13,
2024
23
Amended Part 2-Section 2.10; Part
3-Subsection 3.6(i); Part 4-Section
4.12, 4.12A, 4.14, 4.33(b)(vi)
Added Part 2-Section 2.85C; Part 4-
Section 4.12AA, 4.13(ab), 4.36(c),
4.37
MINORREV 2025-
02922 (Minimum
Planning
Requirements)
RC - December
11, 2025
E - February 2,
2026