Planning District 4 (Prospect) Land Use By-law

Halifax, Nova Scotia · summary & facts

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LAND USE BY-LAW PLANNING DISTRICT 4 (PROSPECT) THIS COPY IS A REPRINT OF THE PLANNING DISTRICT 4 (PROSPECT) LAND USE BY-LAW WITH AMENDMENTS TO FEBRUARY 2, 2026 LAND USE BY-LAW FOR PLANNING DISTRICT 4 THIS IS TO CERTIFY that this is a true copy of the Land Use By- law for Planning District 4 which was passed by a majority vote of the former Halifax County Municipality at a duly called meeting held on the 12th day of December, 1994, and approved with amendments by the Minister of Municipal Affairs on the 3rd day of March, 1995, 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 HALIFAX COUNTY MUNICIPALITY LAND USE BY-LAW FOR PLANNING DISTRICT 4 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 Planning District 4 of Halifax County Municipality in the Province of Nova Scotia. The Planning Act, Chapter 9, provides in Section 51(1) that, "Where a planning strategy or an amendment thereto contains statements of policy in respect to the control of land use and development, the Council shall concurrently with the adoption of amendment of the planning strategy, adopt or amend a land use bylaw to implement the planning strategy or amendment thereto." Furthermore, the Act provides in Section 83(1) that, "Where a Council has adopted a land use by- law, a municipal development permit shall be required before any development is undertaken."; and, according to Section 3(e) of this Act, "development' includes any erection, construction, addition, alteration, replacement or relocation of any building or structure and any change or alteration in the use made of land, buildings, or structures." Metric measurements are provided for comparison only and do not constitute a legal part of the original document. Metric area measurements have been rounded to the nearest square metre. 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 Halifax County Municipality on the 12th day of December 1994, and includes the Ministerial modifications which accompanied the approval of the Minister of Municipal Affairs on the 3rd day of March, 1995. 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: ADMINISTRATION ............................................................................................ 18 PART 4: GENERAL PROVISIONS FOR ALL ZONES .................................................... 26 4.1 SEWAGE DISPOSAL SYSTEMS .............................................................. 26 4.2 ONE DWELLING ON A LOT .................................................................... 26 4.3 USES PERMITTED ON PRIVATE ROADS ............................................. 26 4.4 EXISTING VACANT UNDERSIZED LOTS ............................................. 26 4.5 REDUCED FRONTAGE OR AREA .......................................................... 26 4.6 REDUCED FRONTAGE ON A CURVE ................................................... 27 4.7 ROAD ENTRANCE RESERVES ............................................................... 27 4.8 EXISTING BUILDINGS ............................................................................. 27 4.9 EXISTING USES ......................................................................................... 28 4.10 NON-CONFORMING USES .................................................................... 28 4.11 ACCESSORY USES AND BUILDINGS ................................................. 28 4.11A ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22) .................... 28 4.12 ACCESSORY BUILDINGS ...................................................................... 29 4.12A SHIPPING CONTAINERS (WRCC- Nov 22/04;E-Dec 12/04) (Repealed: RC-Dec 11/25;E-Feb 2/26)............................................................... 30 4.12AB SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26) ............... 30 4.12B SECONDARY SUITES AND BACKYARD SUITES (HWCC-Apr 13/21;E-May 01/21) ............................................................................................. 30 4.13 PERMITTED ENCROACHMENTS ......................................................... 31 4.14 TEMPORARY CONSTRUCTION USES PERMITTED (RC-Jan 20/09;E-Feb 7/09) ................................................................................................. 32 4.15 VEHICLE BODIES ................................................................................... 33 4.16 RESTORATION TO A SAFE CONDITION ............................................ 33 4.17 BUILDING TO BE MOVED .................................................................... 33 4.18 HEIGHT REGULATIONS ........................................................................ 33 4.19 WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct 18/14) 33 4.19A COASTAL AREAS (RC-Jun 27/06;E-Aug 26/06)................................. 35 4.20 DAYLIGHTING TRIANGLE ................................................................... 35 4.21 NATURAL HAZARDS AND YARD REQUIREMENTS ....................... 35 4.22 ILLUMINATION ....................................................................................... 35 4.23 SEPARATION BETWEEN MAIN BUILDINGS ..................................... 35 4.24 COMMERCIAL MOTOR VEHICLE ....................................................... 36 4.25 PARKING REQUIREMENTS .................................................................. 36 4.26 STANDARDS FOR PARKING LOTS ..................................................... 39 4.27 PARKING STANDARDS FOR MOBILITY DISABLED ....................... 39 4.28 LOADING SPACE REQUIREMENTS .................................................... 39 4.29 COMPOSTING OPERATIONS (MC-Feb 26/96;E-Mar 28/96) ......... 40 4.30 TOURIST ACCOMMODATIONS ........................................................... 41 4.31 SCHEDULE F - AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL ....................................................................................................... 41 (RC-Jun 25/14;E-Oct 18/14) ............................................................................... 41 4.32 SCHEDULE G - WETLANDS (RC-Jun 25/14;E-Oct 18/14) .............. 41 4.33 WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14) ............ 41 4.34 PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14) ......... 46 4.35 CANNABIS-RELATED USES (RC-Sep 18/18;E-Nov 3/18) ............... 46 4.36 SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23) ...................... 46 4.37 DEVELOPMENT AGREEMENTS FOR ADAPTIVE REUSES IN RURAL HRM (RC-Dec 11/25;E-Feb 2/26) ....................................................... 46 PART 5: SIGNS ................................................................................................................... 47 PART 6: RA-1 (RESIDENTIAL A-1) ZONE ..................................................................... 50 PART 7: RA-2 (RESIDENTIAL A-2) ZONE ..................................................................... 52 PART 8: RA-3 (RESIDENTIAL A-3) ZONE ..................................................................... 54 PART 9: RA-4 (RESIDENTIAL A-4) ZONE ..................................................................... 56 PART 10: RB-1 (RESIDENTIAL B-1) ZONE ...................................................................... 58 PART 11: RB-2 (RESIDENTIAL B-2) ZONE ...................................................................... 62 PART 12: RB-3 (RESIDENTIAL B-3) ZONE ...................................................................... 65 PART 13: RB-4 (RESIDENTIAL B-4) ZONE ...................................................................... 68 PART 14: RRA-1 (RURAL RESIDENTIAL A-1) ZONE .................................................... 71 PART 15: RRB-1 (RURAL RESIDENTIAL B-1) ZONE ..................................................... 73 PART 16: RRB-2 (RURAL RESIDENTIAL B-2) ZONE ..................................................... 75 PART 17: RRC-1 (RURAL RESIDENTIAL C-1) ZONE ..................................................... 77 PART 18: RRD-1 (RURAL RESIDENTIAL D-1) ZONE .................................................... 79 PART 19: RRE-1 (RURAL RESIDENTIAL E-1) ZONE ..................................................... 82 PART 20: MU-1 (MIXED USE 1) ZONE ............................................................................. 85 PART 21: MU-2 (MIXED USE 2) ZONE ............................................................................. 88 PART 22: RRA-C (RURAL RESIDENTIAL A COMMERCIAL) ZONE ........................... 91 PART 23: RRB-C (RURAL RESIDENTIAL B COMMERCIAL) ZONE ........................... 92 PART 24: RRD-C (RURAL RESIDENTIAL D COMMERCIAL) ZONE ........................... 93 PART 25: RRE-C (RURAL RESIDENTIAL E COMMERCIAL) ZONE ............................ 95 PART 26: C-2 (GENERAL BUSINESS) ZONE ................................................................... 96 PART 27: I-1 (LIGHT INDUSTRY) ZONE .......................................................................... 99 PART 28: I-3 (LOCAL SERVICE) ZONE .......................................................................... 101 PART 29: RE (RESOURCE) ZONE .................................................................................... 103 PART 30: P-2 (COMMUNITY FACILITY) ZONE ............................................................ 106 PART 31: P-3 (CONSERVATION) ZONE ......................................................................... 107 PART 32: PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct 18/14) ................. 108 PART 34: RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14) ................. 110 PART 35: CR-1 (COMMERCIAL RECREATION 1) ZONE ............................................ 112 PART 36: CR-2 (COMMERCIAL RECREATION 2) ZONE ............................................ 113 PART 37: I (ISLANDS) ZONE ........................................................................................... 114 PART 38: CDD (COMPREHENSIVE DEVELOPMENT DISTRICT) .............................. 115 PART 39: CD-1 (C&D MATERIALS TRANSFER STATIONS) ZONE ...................... 116 PART 40: CD-2 (C&D MATERIALS PROCESSING FACILITIES) ZONE .............. 119 PART 41: CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE ................................ 121 PART 42: ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE ......................... 123 APPENDIX A: NON-CONFORMING USES........................................................................ 124 Schedule F: Areas of Elevated Archaeological Potential (RC-Jun 25/14;E-Oct 18/14) ......... 127 Schedule G: Wetlands (RC-Jun 25/14;E-Oct 18/14) ............................................................. 128 Schedule H: Wind Energy Zoning (RC-Jun 25/14;E-Oct 18/14) .......................................... 129 Schedule A: Zoning Map Separate Map Planning District 4 (Prospect) Land Use By-law Page 1 PART 1: TITLE This By-law shall be cited as the "Land Use By-law for Planning District 4" within the Halifax County Municipality. PART 2: DEFINITIONS In this By-law the word "shall" is mandatory and not permissive. Words used in the present tense shall include the future; words used in the singular number shall include the plural and words used in the plural number shall include the singular. The word "used" shall include "intended to be used", "arranged" and "designed". All other words 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. (WRCC-Jun 26/95;E-Jul 22/95) 2.1A ACCESSORY HEN USE means the keeping of hens as an accessory use to a permitted residential use for the purposes of personal or household food supply, and not commercial purposes. For the purposes of this by-law, an accessory hen use is not an agricultural use (RC- Oct 05/21; E-Jan 08/22). 2.2 ACCESSORY USE means a use which is subordinate, normally incidental, and exclusively devoted to a main use or building permitted under the provisions of this by-law and, where residential uses are permitted by this by-law, shall include home occupations related to the domestic arts of cooking, sewing, tutoring or repairing household articles, or related to traditional crafts carried on within a dwelling without alteration to the dwelling and without devoting any space within the dwelling exclusively to such occupations. (WRCC-Jun 26/95;E-Jul 22/95) 2.3 AGRICULTURAL USE means the use of land and buildings for the production of food, fibre or flora or the breeding and handling of animals and includes retail or market outlets for the sale of perishable agricultural goods or for the handling of animals but shall not include intensive agriculture uses. 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. 2.6 AQUACULTURE INDUSTRY means the use of land, buildings and structures for the breeding, hatching and cultivation of aquatic flora and fauna and may include the Planning District 4 (Prospect) Land Use By-law Page 2 processing, storage and sale of any species raised in captivity as well as the construction, maintenance and storage of materials, gear, equipment and transportation devices necessary to sustain the aquaculture operation. 2.7 AQUACULTURE SUPPORT USE means the use of land, buildings and structures to support the aquaculture operator and assistants in the breeding, hatching and cultivation of aquatic flora and fauna and may include the processing, storage and sale of produce as well as the construction, maintenance and storage of his materials, gear, equipment and transportation devices necessary to sustain the aquaculture operation. This definition envisages the scale and intensity of aquaculture support uses to be compatible with local residential uses and accordingly, the sale of produce and the construction and repair of equipment are considered ancillary to the primary function of cultivating and harvesting the produce of an aquaculture operator. Fish processing and reduction plants, as defined elsewhere are excluded from the aquaculture support use definition. 2.8 ATTACHED BUILDING means a building otherwise complete in itself, which depends for structural support, or complete enclosure upon a division wall or walls shared in common with an adjacent building or buildings. 2.9 AUTOBODY SHOPS means a building or part of a building or clearly defined space on a lot used for painting and repair of automobile body parts but shall not include the retailing of gasoline or other fuels. 2.10 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, tire and glass replacement, wheel alignment, and other specialized activities directly related to the repair or alteration of motor vehicles, but shall not include paint and body repairs, the manufacture or fabrication of motor vehicle parts for the purpose of sale, or the retailing of gasoline or other fuels. 2.11 BED AND BREAKFAST (Deleted: RC-Feb 21/23;E-Sep 1/23) 2.12 BOAT SHED means the use of a building or part of a building for the construction, storage and/or repair of boats, nets and equipment for pleasure craft and/or fishing related activities but shall not be used for human habitation. 2.13 BOAT SHOP means an establishment engage in the construction and/or repair of boats and which may include as a minor or accessory function, the provision of supplies, merchandise or wares directly related to the services provided but shall not include the storage, fuelling, or berthing services as provided by a marina. 2.14 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 container (RC-Dec 11/25;E-Feb 2/26) used for any of the foregoing purposes (WRCC-Nov 22/04;E-Dec 12/04). Planning District 4 (Prospect) Land Use By-law Page 3 2.14a 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) 2.14B 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) 2.14C CANNABIS PRODUCTION FACILITY means premises used or occupied by a person or organization licensed by the Government of Canada for the production of cannabis or cannabis products, (a) including (i) where cannabis or any of its derivatives, such as resin or oils, is grown, cultivated, harvested, manufactured, processed, packaged, or labelled, and (ii) associated activities permitted by the federal license, such as research and development, storage, and destruction, and (b) excluding (i) industrial hemp, and (ii) premises used for personal production permitted by federal legislation. (RC-Sep 18/18;E-Nov 3/18) 2.14D 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) 2.14A Cemetery means the use of land or structures for the interment of human remains but shall not include the use of structures for crematoriums (WRCC-Nov 24/04;E- Dec 16/03) 2.15 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, rifle ranges, golf courses, miniature golf courses, amusement parks and centres and may include any use which is accessory to the foregoing. Planning District 4 (Prospect) Land Use By-law Page 4 2.16 COMMERCIAL REFUSE CONTAINER means any removable receptacle designed for the collection of commercial refuse which has a minimum of two (2) cubic yards in volume. 2.17 COMMERCIAL SCHOOL means the use of land buildings and structures by a private institution for the primary purpose of delivering education or instruction in any branch of knowledge and, without limiting the generality of the foregoing, may include business schools, trade schools and academic institutions. 2.18 COMMERCIAL VEHICLE means any vehicle which is licensed as a commercial carrier as determined by the Registrar of Motor Vehicles and with a registered vehicle weight of over three (3) tons (3048 kg). 2.18A COMPOSTING OPERATION means a public or private solid waste management facility where the waste is processed using composting technology which may include physical turning, windrowing, in-vessel, static pile aeration or other mechanical handling of organic matter and where the annual production of compost material exceeds 60 cubic metres. (MC-Feb 26/96;E-Mar 28/96). 2.18AA CONSERVATION USE means any activity carried out for the purpose of conserving soils, water, vegetation, fish, shellfish, including wildlife sanctuaries and similar uses to the foregoing. (RC-Jun 25/14;E-Oct 18/14) 2.18B 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. 2.18C 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. 2.18D 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. Planning District 4 (Prospect) Land Use By-law Page 5 2.18E 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). 2.19 CONVENIENCE STORE means an establishment where food stuffs, tobacco, potent medicines, periodicals and other items of household convenience are kept for retail sale, and may include a takeout restaurant and/or video rental as an accessory function. 2.20 COUNCIL means the Council of Halifax County Municipality. 2.21 CRAFT SHOP may mean that a building or part of a building could be used for the retailing or wholesaling of arts and handicrafts and may include the fabrication of arts and handicrafts. 2.22 DAYLIGHTING TRIANGLE means a triangular area on a corner lot which is formed by a front lot line and flankage lot line and a straight line which intersects them twenty (20) feet (6.1 m) from the corner where they meet. 2.23 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. (RC-Mar 3/09;E-Mar 21/09) 2.24 DEVELOPMENT OFFICER means the officer(s) of the Halifax County Municipality, from time to time charged by the Municipality with the duty of administering the provisions of this By-law. Planning District 4 (Prospect) Land Use By-law Page 6 2.25 DWELLING (a) Dwelling means a building or part of a building, occupied or capable of being occupied as a home or residence by one or more persons, and containing one or more dwelling units but shall not include a hotel, a motel, apartment hotel or hostel. (b) Dwelling Unit means one or more rooms in a building, designed, occupied or capable of being occupied by one or more persons as a housekeeping establishment in which kitchen, sleeping and sanitary facilities are provided for the use of such persons. (c) Dwelling, Single Unit means a building which is a completely detached dwelling unit, and includes a mobile dwelling. (RC-Oct 11/22;E-Nov 16/22) (d) Dwelling, Auxiliary means a self-contained dwelling unit within an owner occupied single unit dwelling in which unrestricted access can be gained through a private entrance into the auxiliary unit, and which auxiliary unit comprises less than thirty-five (35) percent of the gross floor area of the dwelling. (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 occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembling, and the foregoing shall include mobile homes and modular dwellings having any main walls with a width of less than twenty (20) feet (6.1 m). (f) Dwelling, Two Unit means a building containing two dwelling units. (g) Dwelling, Multiple Unit means a building containing three or more dwelling units. 2.26 ENTERTAINMENT USE may mean that any building or part of a building could be used for any one or more of the following uses: a beverage room, nightclub, cabaret, video arcades or other similar use. 2.27 EQUIPMENT SALES AND RENTAL means a building or part of a building or structure in which small equipment is offered for sale or kept for rent, lease or hire under agreement for compensation but, shall not include any other establishment defined or classified in this By-law. 2.28 ERECT means to build, construct, reconstruct, alter, locate or relocate and, without limiting the generality of the foregoing, shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining and structurally altering any existing building or structure by an addition, deletion, enlargement or extension but does not include work done in connection with the subdivision approval process or the temporary storage of fill. 2.29 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. Planning District 4 (Prospect) Land Use By-law Page 7 2.30 EXTRACTIVE FACILITIES means all buildings, aggregate plants, material storage areas and weight scales associated with extractive uses which involve blasting or crushing but does not include structures or storage areas which are fundamental to the activities of mining or extraction. 2.31 EXISTING USES means in existence on the effective date of this By-law in accordance with Section 90, and subsections (1) and (2) of the Planning Act, Statutes of Nova Scotia, 1989. 2.32 FISH SHED means the use a building or part of a building for the processing, storage and sale of a fisherman's catch or an aquaculture operator's produce and for the storage and repair of gear but shall not be used for human habitation. 2.33 FISH PROCESSING PLANT means the use of a building or part of a building for the processing of any fish including shellfish and crustaceans and marine animals for the cleaning, filleting, curing, icing, packing, canning, freezing, salting, cooking, pickling, grading or preparing fish for market in any other manner, but does not include a fish reduction plant or an operation where a fisherman and/or his assistants processes their own catch or an aquaculture operator and/or his assistants processes their own produce. 2.34 FISH REDUCTION PLANT means the use of a building or part of a building where fish offal including the whole or parts of fish or a combination thereof is rendered into fish meal, fertilizer or any other by product. 2.35 FISHERY SUPPORT USE means a use of land, wharves and buildings which is intended to provide for the inshore fisherman and his assistants in the harvesting, processing, storage and sale of his catch as well as the construction, maintenance and storage of the boats, traps, nets and equipment necessary to sustain the traditional fishery activity. This definition envisages the scale and intensity of fishery support uses to be compatible with local residential uses and accordingly, sales as well as boat and equipment construction and repair are considered ancillary uses to the primary function of harvesting and handling of the fisherman's catch. Aquaculture, fish processing and reduction plants, as defined elsewhere are excluded from the fishery support use definition. 2.36 FOOD PROCESSING AND PACKAGING means a commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises and is distributed on a wholesale basis. 2.37 FORESTRY USE means commercial silviculture and the production of timber or pulp and any uses associated with a forestry use, including sawmills, shingle mills, vehicle and equipment storage and maintenance buildings and yards and retail and wholesale outlets for wood and wood products. 2.38 FUNERAL HOME means a building used for the preparation of the deceased and ceremonies connected therewith before burial or cremation. 2.39 GOLF COURSE means a public or private area operated for the purpose of playing golf and related activities including a club house, and administration buildings. The Planning District 4 (Prospect) Land Use By-law Page 8 foregoing is specifically limited by excluding permanent residential accommodation of any type except a dwelling unit or dwelling units provided for maintenance or security personnel. 2.40 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. 2.41 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 and to the highest point of any architectural features such as turrets, observations and window walks. 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. In the case of accessory buildings, building height shall mean the vertical distance between the finished grade of the lot and the highest point of the roof. 2.41A 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). 2.42 HUNTING AND FISHING CAMPS includes structures used to temporarily accommodate persons engaged in hunting, trapping, fishing or other resource and recreational activities but shall not include a permanent dwelling. 2.43 INSTITUTIONAL USE means any P-2 (Community Facility) Zone. 2.44 KENNEL means any portion of 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. Planning District 4 (Prospect) Land Use By-law Page 9 2.45 LIVESTOCK means horses, cows, pigs, sheep, goats, and fowl, whether or not they are kept for commercial purposes. 2.46 LOADING SPACE means an area of land provided and maintained upon the same lot or lots upon which the main use is located and which has adequate access to permit ingress and egress by means of driveways, aisles or manoeuvring areas and which is used for the temporary parking of a commercial motor vehicle while merchandise or materials are being loaded or unloaded from the vehicles. 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 effective date of this By- law, 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. (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 through lot as herein before defined, such lot shall be deemed to be a corner 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, as measured along the front lot line. In the case of a corner lot with a daylighting triangle, the front and flankage lot lines shall be deemed to extend to their hypothetical point of intersection for the purpose of calculating frontage. 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; (ii) in the case of a through lot either of the two boundaries dividing the lot from a street shall be deemed to be the front lot line; and Planning District 4 (Prospect) Land Use By-law Page 10 (iii) 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 Information Management Service whose property identification numbering system is used in this By-law to identify particular land parcels. The LIMS is a division of the provincial department of Municipal Affairs and is responsible for the production of comprehensive property and ownership mapping for the province. 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 OPERATION means establishments engaged in the mechanical or chemical transformation of material or substances into new products including but not limited to the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. 2.55A MARINE SERVICE INDUSTRY means a use of land, wharves and buildings for the design, assembly, service, or sales of equipment which is utilized for aquatic business, research or recreational purposes, but does not include obnoxious uses or the manufacture of goods through chemical transformation or the processing of petroleum products. (WRCC-Sep 27/95;E-Oct 21/95) 2.56 MARINA means a commercial facility for storing, maintaining and servicing, fuelling, berthing and securing of pleasure boats may include on-shore eating, sleeping and retail Planning District 4 (Prospect) Land Use By-law Page 11 facilities for owners, crews and guests but shall not include a boat shop. The Marina shall be equipped with pumpout facilities. 2.57 MAXIMUM LOT COVERAGE means that percentage of the lot area covered by all building(s) above ground level, and shall not include that portion of such lot area which is occupied by a building or portion thereof which is completely below ground level, and for the purpose of this definition the maximum lot coverage in each zone shall be deemed to apply only to that portion of such lot which is located within said zone. 2.58 MEDICAL CLINIC means a building or part of a building where two (2) or more practitioners provide human health services without overnight accommodation for patients. 2.59 MOBILE EQUIPMENT means any self propelled or towed machinery which is associated with a trucking, landscaping, excavating and paving service as permitted within the I-3 (Local Service) Zone. 2.60 MOTEL means a building or group of detached or connected buildings, located on a single lot, for the accommodation of temporary lodgers. 2.61 MUNICIPALITY means the Halifax County Municipality. 2.62 OBNOXIOUS USE means a use which, by its nature or by method of operation creates a nuisance or is offensive by creating noise or vibration, or by reason of 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 wastes which cannot be treated by an on- site sewage disposal system approved pursuant to the Regulations Respecting On-Site Sewerage Disposal Systems or which involves, as the primary function, the processing, production or warehousing of potentially dangerous goods or hazardous materials. 2.63 OFFICE means a room or rooms where business maybe transacted, a service performed or consultation given but shall not include the manufacturing of any product or the retail selling or goods. 2.64 OPEN SPACE USE means any use listed as an Open Space Use in the P-2 (Community Facility) Zone. 2.65 OUTDOOR DISPLAY COURT means an area of land where goods are displayed 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, an outdoor display court may include the display of cars, trucks, cans, motor and mobile homes, trailers, boats, snowmobiles, motorcycling, swimming pools, decorative fountains and prefabricated cottages. 2.66 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. Planning District 4 (Prospect) Land Use By-law Page 12 2.67 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. 2.68 PARKING SPACE means the use of land for the temporary parking or storage of motor vehicles. 2.69 PERSON includes an individual, association, firm, partnership, corporation, trust, incorporated company, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. 2.70 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 person, and without limiting the generality of the foregoing, may include such establishments as barber shops, shoe repair and shoe shining, and tailoring, laundry and drycleaning collection depots, but excludes the manufacturing or fabrication of goods for retail or wholesale distribution. 2.71 PUBLIC PARK means a park owned or controlled by a public authority or by any board, commission or other authority established under any statute of the Province of Nova Scotia. 2.72 PRIVATE ROAD means any street or road which is not public, where: (a) the right-of-way, alignment and gradient of the road are approved by the Department of Transportation pursuant to Section 108 of the Planning Act, Statutes of Nova Scotia, 1989; and (b) the road extends to and has access to a public street or highway and where not totally located within the area of land proposed to be subdivided it shall be an easement for access which has been clearly granted to the subdivider by deed, registered in the Office of the Registrar of Deeds for the County of Halifax. 2.73 RECREATION USE means the use of land, buildings or structures for active or passive recreational purposes and may include indoor recreation facilities, sports fields, sports courts, playgrounds, multi-use trails, picnic areas, scenic view points and similar uses to the foregoing, together with the necessary accessory buildings and structures, but does not include commercial recreation uses. (RC-Jun 25/14;E- Oct 18/14) 2.74 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 9/02). Planning District 4 (Prospect) Land Use By-law Page 13 2.75 RESEARCH FACILITY means an establishment or other facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products. 2.76 RESTAURANT (a) Drive-In means a building or part of a building wherein food is prepared and offered for sale to the public for consumption within or outside the building. A drive-in restaurant is characterized by the provision of take-out services at a counter or from a drive through car pick up window. It does not provide the service of delivering to or waiting on tables nor is it licensed to sell alcoholic beverages. (b) 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 may include a take-out area which does not exceed 10% of the gross floor area of the full service restaurant. A full service restaurant is characterized by the provision of table service, including buffet service and may also be licensed to serve alcoholic beverages. (c) Take-Out means a building or part of a building wherein food is prepared and offered for sale to the public primarily for off-premises consumption and may include a take-out window and/or seating area which does not exceed 25% of the gross floor area of the take-out restaurant. A take-out restaurant does not provide the service of delivery to or waiting on tables nor is it licensed to sell alcoholic beverages. Take-out restaurants, however, may provide a home delivery service. 2.77 RETAIL STORE means a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered for sale directly to the public at retail value. 2.78 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 for the purposes of a public road or private road entrance reserve. 2.79 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) 2.79A SELF-STORAGE FACILITY means premises in one building or a group of buildings that contain individually rented storage units. (NWCC-Nov 10/25;E-Nov 26/25) 2.80 SENIOR CITIZENS HOUSING (Deleted: RC-Aug 9/22;E-Sep 15/22) 2.81 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 Planning District 4 (Prospect) Land Use By-law Page 14 may include, as a minor or accessory function, the provisions of supplies, merchandise or wares directly related to the services provided and, without limiting the generality of the foregoing, may include any one of the uses permitted within the I-3 Zone, except salvage yard. 2.82 SERVICE SHOP means a building or part of a building used for the sale and repair of household articles and shall include radio, television and appliance repair shops but shall not include industrial or manufacturing or motor vehicle repair shops. 2.83 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 include washing establishments. 2.83A SHARED HOUSING USE means a use that contains 4 or more bedrooms, that meets one or more of the following: (i) that are rented for remuneration as separate rooms for residential accommodation; or (ii) that are operated by a non-profit organization or a registered Canadian charitable organization that provides support services to the occupants of the shared housing use, and includes Shared Housing with Special Care but does not include short-term rental, hotel, motel, or tourist accommodation as defined in the Tourist Accommodation Regulation Act. (RC-Aug 9/22;E-Sep 15/22) 2.83B 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) 2.83C SHIPPING CONTAINER means a container originally designed for use as a means of storing and transporting cargo via ship, rail, air or truck. (WRCC-Nov 22/04;E-Dec 12/04) 2.83D 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) 2.83E 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) 2.84 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 Planning District 4 (Prospect) Land Use By-law Page 15 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 wall or a roof of a building. (c) Facial Wall Sign means a sign which is attached directly to or painted upon a building wall, and which does not extend there from nor extend above the roof line. (RC-Sep 26/06;E-Nov 18/06) 2.85 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 of the 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-Jun 13/24) 2.86 STREET LINE means the boundary line of a street or a private road. 2.87 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. 2.87A 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. 2.88 TEMPORARY CONSTRUCTION USES means the use of land, buildings or structures for activities which are accessory to construction in progress and, without limiting the generality of the foregoing may include a work comp, subdivision sign, sales or rental office, tool or maintenance shed, scaffold or mobile home used as a temporary residence. 2.89 TRANSPORT FACILITIES AND MAINTENANCE YARDS means the use of buildings and land for the provision of services which are incidental to transportation, including passenger and freight services and for the maintenance of the vehicles uses to provide such services. 2.89A 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). 2.90 WAREHOUSE means a building used primarily for the storage of goods and materials. Planning District 4 (Prospect) Land Use By-law Page 16 2.90A 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) 2.91 WATERCOURSE means a lake, river, stream, ocean or other natural body of water. (RC-Jun 25/14;E-Oct 18/14) 2.92 WHOLESALE means a place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business user, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individual or companies. 2.93 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 sideyard" 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. Planning District 4 (Prospect) Land Use By-law Page 17 Planning District 4 (Prospect) Land Use By-law Page 18 PART 3: ADMINISTRATION 3.1 DIVISIONS OF BY-LAW This By-law is divided into Parts. A number-lettering system has been used throughout the By-law. This number-lettering system is as follows: 1. PART 1.1 SECTION 1.1 (a) Subsection 1.1 (a) (i) Clause 1.1 (a) (i) 1. Sub-Clause 3.2 ENFORCEMENT This By-law shall be administered by the Development Officer. 3.3 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, 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 of any single development, or of more than one development, or of any or all elements related to any development, including signs permitted according to Part 5, provided that such are specified by the permit and provided also that no development permit shall pertain to more than one (1) lot. (d) No person shall move a building, residential or otherwise within or into the area covered by this By-law without obtaining a development permit from the Development Officer. (e) Notwithstanding Subsection 3.3(a), no development permit shall be required for the following: (i) any open space use which does not involve a building or structure; and (ii) any sign which is permitted under Section 5.5 of this By-law. (iii) An accessory hen use (RC- Oct 05/21; E-Jan 08/22) (iv) 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) (v) 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) 3.3A Deleted (RC-Jun 27/06; E-Aug 26/06) Planning District 4 (Prospect) Land Use By-law Page 19 3.3B 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) 3.4 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 license, 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. 3.5 APPLICATION REQUIREMENTS (a) Every application for a development permit shall be accompanied by plans, in duplicate, drawn to an appropriate scale 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 by-laws and regulations in force which affect the proposed development, the Development Officer may require that the plans submitted under this section be based upon an actual survey by a Nova Scotia Land Surveyor. (c) 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. 3.6 METRIC EQUIVALENTS All dimensional requirements in this By-law are expressed in imperial measurements, followed by their metric equivalents. All metric equivalents are provided for comparison only, and do not constitute a legal part of this By-law. Planning District 4 (Prospect) Land Use By-law Page 20 3.7 PENALTY Any person who violates a provision of this By-law shall be subject to prosecution as provided for under the Planning Act. 3.8 DATE OF BY-LAW This By-law shall take effect when approved by the Minister of Municipal Affairs and replaces any previous zoning applicable to the area covered by this By-law at the time of its approval by the Minister. 3.9 SCHEDULE OF FEES (a) An application to amend this By-law or to vary any of its provisions shall be accompanied by a fee, payable at the time of making the application, and in accordance with a fee schedule as follows: Amendment to Land Use By-law $100.00 Development Agreement $100.00 Rezoning $100.00 (b) In addition to the fees charged in Subsection 3.10(a) above, the costs of all advertising required under the Planning Act shall be paid by the applicant. 3.10 PUBLIC HEARING NOTIFICATION (Repealed: RC-Jun 20/23;E-Oct 13/23) 3.11 ZONES ESTABLISHED For the purpose of this By-law, the Planning District 4 Plan Area is divided into the following zones by the zoning maps, the boundaries of which are shown on the attached zoning schedules. Such zones may be referred to by the appropriate symbols: SYMBOL ZONE TITLE Residential Zones RA-1 Residential A-1 Zone RA-2 Residential A-2 Zone RA-3 Residential A-3 Zone RA-4 Residential A-4 Zone RB-1 Residential B-1 Zone RB-2 Residential B-2 Zone RB-3 Residential B-3 Zone RB-4 Residential B-4 Zone Rural Residential Zones RRA-1 Rural Residential A-1 Zone RRB-1 Rural Residential B-1 Zone RRB-2 Rural Residential B-2 Zone RRC-1 Rural Residential C-1 Zone RRD-1 Rural Residential D-1 Zone RRE-1 Rural Residential E-1 Zone Planning District 4 (Prospect) Land Use By-law Page 21 Mixed Use Zones MU-1 Mixed Use 1 Zone MU-2 Mixed Use 2 Zone Commercial Zones RRA-C Rural Residential A Commercial Zone RRB-C Rural Residential B Commercial Zone RRD-C Rural Residential D Commercial Zone RRE-C Rural Residential E Commercial Zone C-2 General Business Zone Industrial Zones I-1 Light Industrial Zone I-3 Local Service Zone CR-1 Commercial Recreation 1 Zone CR-2 Commercial Recreation 2 Zone Construction & Demolition CD-1 (C&D Materials Transfer Stations) Zone Zones CD-2 (C&D Materials Processing Facilities) Zone CD-3 (C&D Materials Disposal Sites) Zone (RC-Sep 10/02;E-Nov 9/02) Infrastructure Charge Zone ICH Infrastructure Charge Holding Zone (RC-Jul 2/02;E-Aug 17/02) Resource Zone RE Resource Zone Community Use P-2 Community Facility Zone Zones P-3 Conservation Zone PA Protected Area Zone (RC-Jun 25/14;E- Oct 18/14) P-5 Special Facility Zone RPK Regional Park Zone (RC-Jun 25/14;E-Oct 18/14) WC Western Common Zone Islands Zone I Islands Zone Comprehensive Development District CDD CDD Zone 3.12 ZONING MAPS (a) Schedules attached hereto, may be cited as the "Planning District 4 Zoning Maps" and are hereby declared to form part of this By-law. (b) The extent and boundaries of all zones are shown on Schedules and for all such zones the provisions of this By-law shall respectively apply. (c) The symbols used on Schedules refer to the appropriate zones established by Section 3.11 above. Planning District 4 (Prospect) Land Use By-law Page 22 3.13 INTERPRETATION OF ZONE 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 street, highway, railroad or railway right-of-way, electrical transmission line right-of-way or watercourse is included on the Schedules of this By-law, it 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 map and serves as a boundary between two or more different zones, a line midway on such right-of-way or watercourse and extending in the general direction of the long division thereof shall be considered the boundary between zones unless specifically indicated otherwise. (e) Where none of the above provisions apply, and where appropriate, the zone boundary shall be scaled from attached Schedules. 3.14 ZONES NOT ON MAPS The zoning map of this By-law may be amended to utilize any zone in this By-law, regardless of whether or not such zone has previously appeared on the zoning map. Said amendments shall be carried out in accordance with the provisions of the Planning Act and with the policies of the Municipal Planning Strategy for Planning District 4. 3.15 USES PERMITTED Uses permitted within any zone shall be determined as follows: (a) Subject to Subsection (c) of this section, if a use is not listed as a use permitted within any zone, it shall be deemed to be prohibited in that zone. (b) If any use is listed subject to any special conditions or requirements, it shall be permitted subject to the fulfilling of such conditions or requirements. (c) Where a use permitted within any zone is defined in Part 2, the uses permitted within that zone shall be deemed to include any similar use which satisfies such definition, except where any definition is specifically limited to exclude any use. (d) Except where limited by Section 3.3, or specifically prohibited elsewhere in this By-law, any use permitted within any zone may be located in conjunction with, whether contained within the same building or located on the same lot, as any other use permitted within that zone. (e) Where any list of uses permitted is divided by subheadings into broad functional or characteristic groupings, such subheadings shall be deemed to be provided for the purpose of reference and identification and shall not, in themselves, be deemed to be uses permitted nor to define any uses permitted, whether specifically and in accordance with the purposes of Part 2 or in any other manner. Planning District 4 (Prospect) Land Use By-law Page 23 3.16 USES CONSIDERED BY DEVELOPMENT AGREEMENT Notwithstanding Section 3.15, certain uses which may not be listed as permitted uses in a zone may be considered in accordance with the development agreement provisions of the Planning Act. As provided for by Policies of the Municipal Planning Strategy for Planning District 4, such uses are: (a) Within the Residential A Designation (i) shared housing with special care (RC-Aug 9/22;E-Sep 15/22); (ii) institutional uses; and (iii) shopping centre on the lands of Food City Limited (LIMS 40471286). (b) Within the Residential B Designation (i) shared housing with special care (RC-Aug 9/22;E-Sep 15/22); (ii) fraternal halls and centres; (iii) commercial recreation uses; (iv) recycling depots; (v) larger scale commercial uses, service stations, commercial entertainment uses and motels; and (vi) larger scale fishery support and aquaculture support uses. (c) Within the Rural Residential A Designation (i) shared housing with special care (RC-Aug 9/22;E-Sep 15/22); (ii) institutional uses according; (iii) larger scale fishery support uses; and (iv) larger scale agricultural uses. (d) Within the Rural Residential B Designation (i) craft shops; (ii) a restaurant and lounge on the lands of Leo Miles (LIMS No. 40039265); (iii) light industrial uses on the lands of Leo Miles (LIMS No. 40039265); (iv) shared housing with special care (RC-Aug 9/22;E-Sep 15/22); (v) institutional uses; (vi) larger scale fishery support and aquaculture support uses; and (vii) marinas. (e) Within the Rural Residential C Designation (i) shared housing with special care (RC-Aug 9/22;E-Sep 15/22); and (ii) institutional uses. (f) Within the Rural Residential D Designation (i) service stations, motels and tourist cottages, commercial recreation and commercial entertainment uses; (ii) fish processing plants, larger scale fishery support uses and aquaculture support uses; (iii) marinas; (iv) extractive facilities; and (v) small scale general business, light industrial and local service uses. (g) Within the Rural Residential E Designation (i) motels and restaurants; (ii) commercial recreation uses; (iii) shared housing with special care (RC-Aug 9/22;E-Sep 15/22); and (iv) larger scale fishery support and aquaculture support uses. (h) Within the Mixed Use Designation Planning District 4 (Prospect) Land Use By-law Page 24 (i) mobile home parks; (ii) small scale commercial, service industrial and light industrial uses; (iii) fish processing plants, larger scale fishery support uses and aquaculture support uses; (iv) shared housing with special care (RC-Aug 9/22;E-Sep 15/22); (v) institutional uses; (vi) commercial recreation uses; and (RC-Aug 9/22;E-Sep 15/22) (vii) commercial, community and resource related uses which are supportive of the tourist industry and the surrounding community on the lands of Coastal Communities Economic Development Co-operative Limited (PID Nos. 00384834 and 40501124). (i) Within the Resource Designation (i) extractive facilities; and (ii) commercial recreation uses. (j) Within the Residential A and B Designations, Rural Residential A, B, C, D and E Designations, Mixed Use Designation and Resource Designation (i) a mix of low density residential, consisting of single unit, two unit and triplex dwellings, local commercial uses and community facility uses within any CDD (Comprehensive Development District). (k) Within all Designations (RC-Aug 9/22;E-Sep 15/22) (i) Pursuant to Policy IM-29, where there is enabling policy to consider the development 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. 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 Commuter: (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 (ii) residential development on islands, as per policy S-18 of the Regional Municipal Planning Strategy. 3.17 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. 3.18 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 Planning District 4 (Prospect) Land Use By-law Page 25 development agreement on a registered heritage property, in accordance with Policy CH-7A of the Halifax Regional Municipal Planning Strategy Planning District 4 (Prospect) Land Use By-law Page 26 PART 4: GENERAL PROVISIONS FOR ALL ZONES 4.1 SEWAGE DISPOSAL SYSTEMS Where any lot is developed with a septic tank and disposal field, the minimum on-site requirements of this By-law shall apply for the purpose of obtaining a development permit. For the purpose of obtaining a permit for the installation of a septic tank, the regulations of the Department of the Environment shall prevail. 4.2 ONE DWELLING ON A LOT No person shall erect more than one (1) dwelling on a lot, except where backyard suites are permitted. (RC-Sep 1/20;E-Nov 7/20) 4.3 USES PERMITTED ON PRIVATE ROADS Notwithstanding anything in this By-law, development shall be permitted on private roads. 4.4 EXISTING VACANT UNDERSIZED LOTS (a) Notwithstanding anything else in this By-law, a vacant lot which was in existence on the effective date of this By-law, having less than the minimum frontage or area required by this By-law, may be used for 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, except minimum sideyards, provisions in this By-law are satisfied. (b) Notwithstanding the minimum sideyard requirements found elsewhere in this By- law, residential uses may be located a minimum of eight (8) feet (2.4 m) from the sideyard on vacant undersized lots which were in existence on the effective date of this by-law. (c) Furthermore, where the Development Officer approves an increase in a vacant lot which was in existence on the effective date of this By-law, it 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, notwithstanding that it may still have less than the minimum frontage, depth or area required by this By-law, and provided that all other applicable provisions of this By-law are satisfied. 4.5 REDUCED FRONTAGE OR AREA (a) Development permits may be issued for lots approved pursuant to Section 38, 43 or 43A (RC-Sep 8/15;E-Nov 7/15) of the Subdivision By-law as specified therein provided that all other applicable provisions of this By-law are satisfied but no development permit shall be issued for a commercial, industrial, or community facility use, regardless of the zone in which it is located, for lots created pursuant to Section 14.1 of the Subdivision By-law except for home business uses. (WRCC-Aug 23/95;E-Sep 18/95) (b) 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 Planning District 4 (Prospect) Land Use By-law Page 27 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 Lot Area requirements of any zone, a lot containing a cemetery in existence on November 15, 2003 may be subdivided and a development permit issued provided that: (i) the cemetery lot does not contain a dwelling and/or buildings other than accessory buildings or structures; (ii) where a cemetery lot does not abut a public street or highway or private road, a right-of-way or easement of access of a minimum width of twenty (20) feet, extending from the cemetery lot to its point of intersection with the public street or highway or private road shall be shown on the plan of subdivision; (iii) the easement or right of way appurtenant to the cemetery lot, shall be provided by the subdivider concurrently with the conveyance of the cemetery lot; (iv) notwithstanding the requirements of any zone, accessory buildings and structures permitted in conjunction with cemetery lots shall be subject to the provisions of Section 4.12 of the this By-law; (v) the remaining lands meet the requirements of the applicable zone. (WRCC-Nov 24/03;E-Dec 16/03) (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) 4.6 REDUCED FRONTAGE ON A CURVE Where the front lot line of any lot is a curved line, a minimum lot width which is equal to the minimum lot frontage required by this By-law shall be required in lieu of such minimum lot frontage. For the purposes of this Section, such minimum lot width shall be measured along a horizontal line between the side lot lines, twenty (20) feet (6.1 m) from the front lot line. 4.7 ROAD ENTRANCE RESERVES Notwithstanding the lot frontage provisions contained in this by-law, a portion of a lot identified as a road entrance reserve shall meet the requirements of the provincial Department of Transportation and Communications. 4.8 EXISTING BUILDINGS Where a building has been erected on or before the effective date of this By-law, on a lot having less than the minimum frontage, area, or depth, or having less than the minimum setback or side yard or rear yard setback 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 or rear yard that does not conform to this By-law; Planning District 4 (Prospect) Land Use By-law Page 28 (b) the enlargement, reconstruction, repair or renovation of existing residential uses shall not be built closer than eight (8) feet (2.4 m) to the side lot line(s); and (c) all other applicable provisions of this By-law are satisfied. 4.9 EXISTING USES Uses which are permitted as existing uses within a zone, shall be considered as fully conforming 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 they are situated. 4.10 NON-CONFORMING USES Non-conforming uses shall be subject to provisions of the Planning Act of Nova Scotia, which is included in this By-law as Appendix "A". Additions or structural alterations to non-conforming uses shall be permitted if they do not result in any increase in the volume of space devoted to the non-conforming use itself. 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. (WRCC-Jun 26/95;E-Jul 22/95) 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; Planning District 4 (Prospect) Land Use By-law Page 29 iii. subject to 4.11A(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 used for the keeping of livestock except where agriculture is a permitted use; (iii) be built closer to the front lot line than the minimum distance required for the main building, or be built closer than eight (8) feet (2.4 m) to any other lot line except that: 1. common semi-detached garages may be centered on the mutual side lot line; and 2. fish sheds, boat sheds and wharves may be built to the lot line which corresponds to the high watermark; and 3. accessory buildings exceeding one thousand (1000) square feet in footprint (RC-Dec 11/25;E-Feb 2/26) may be built within eight (8) feet (2.4 m) or one half the height of the accessory building whichever is greater in any RA-l (Residential A-1 Zone), RA-2 (Residential A-2 Zone), RA-3 (Residential A-3 Zone), RA-4 (Residential A-4 Zone), RRA-1 (Rural Residential A-1 Zone), RRB-1 (Rural Residential B-1 Zone), RRB-2 (Rural Residential B-2 Zone), RRC-1 (Rural Residential C-1 Zone), RRD-1 (Rural Residential D-1 Zone) or RRE-1 (Rural Residential E-1 Zone) Zone. (WRCC-Sep 27/04;E-Oct 17/04). (iv) exceed twenty-five (25) feet (7.7 metres (RC-May 23/24;E-June 13/24)) in height; (v) exceed one thousand (1000) square feet (93 square metres) (RC-May 23/24;E-Jun 13/24) in footprint (RC-Dec 11/25;E-Feb 2/26) in any RA- l (Residential A-1 Zone), RA-2 (Residential A-2 Zone), RA-3 (Residential A-3 Zone), RA-4 (Residential A-4 Zone), RRA-1 (Rural Residential A-1 Zone), RRB-1 (Rural Residential B-1 Zone), RRB-2 (Rural Residential B-2 Zone), RRC-1 (Rural Residential C-1 Zone), RRD-1 (Rural Residential D-1 Zone) or RRE-1 (Rural Residential E-1 Zone) Zone. (WRCC-Sep 27/04;E-Oct 17/04). (vi) be built within eight (8) feet (2.4 m) of a dwelling unit or twelve (12) feet (3.7 m) of any other main building or one half the height of the higher abutting accessory building. (WRCC-Sep 27/04;E-Oct 17/04). (vii) notwithstanding Subsection 4.12 (a) (v) and the undersized lot provisions of Section 4.4, exceed a footprint equivalent to 10% of the lot area on lots greater than 40,000 square feet. (RC-Dec 11/25;E-Feb 2/26) Planning District 4 (Prospect) Land Use By-law Page 30 (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 under Subsection (a) of this Section. (vii) (Repealed: RC-Dec 11/25;E-Feb 2/26) (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) 4.12A SHIPPING CONTAINERS (WRCC- Nov 22/04;E-Dec 12/04) (Repealed: RC-Dec 11/25;E-Feb 2/26) 4.12AB SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26) (a) Shipping containers shall be prohibited. (b) Notwithstanding subsection (a), shipping containers are permitted as accessory buildings in an industrial zone or commercial zone or in conjunction with a recreation use and shall meet the following requirements: (i) Shipping containers shall not be placed in the front or flanking yard of any lot, or between the main building and any street; (ii) Shipping containers shall meet all applicable requirements for accessory buildings and zone standards including those relating to setbacks, screening and landscaping; and (iii) Shipping containers intended for non-recreation or non-residential use shall not be permitted on any property which abuts a residential, park or institutional zone. (c) Notwithstanding subsection (a), non-residential temporary construction shipping containers are permitted subject to Section 4.14. (d) Notwithstanding subsection (a), temporary residential shipping containers are permitted subject to Section 4.13. (e) Notwithstanding subsection (a), shipping containers are permitted as a dwelling, subject to the applicable zone standards for dwellings. (f) Notwithstanding subsection (a), shipping containers are permitted as a backyard suite, subject to the applicable requirements for backyard suites. 4.12B SECONDARY SUITES AND BACKYARD SUITES (HWCC-Apr 13/21;E-May 01/21) (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 a two unit dwelling subject to the following provisions: (i) No more than one secondary suite or auxiliary dwelling (RC-Dec 11/25;E-Feb 2/26) 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; Planning District 4 (Prospect) Land Use By-law Page 31 (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 4.25, additional off-street parking shall not be required; and (v) A secondary suite shall be permitted accessory to a non-conforming structure for residential use, except where no residential uses are permitted in the zone. (RC-May 23/24;E-June 13/24) (b) BACKYARD SUITES Backyard suites shall be permitted accessory to a single unit dwelling, a mobile home, (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; (iv) The gross (RC-May 23/24;E-June 13/24) 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 4.25, additional off-street parking shall not be required; (vi) A backyard suite shall be permitted accessory to a non-conforming structure for residential use, except where no residential uses are permitted in the zone (RC-May 23/24;E-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 1,000 square feet (93 square metres). (RC-May 23/24;E-June 13/24) 4.13 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, steps, and access ramps for the mobility disabled may be located in any yard. (b) There may be erected or maintained in any yard, the usual projections of sills, cornices, eaves, gutters, chimneys, pilasters, canopies or other architectural Planning District 4 (Prospect) Land Use By-law Page 32 features, provided that no such 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 staircases, balconies, porches, and verandas shall not be permitted to project into any required yard. (e) Ornamental plantings and landscaping may be located in any yard unless otherwise indicated in this By-law. 4.14 TEMPORARY CONSTRUCTION USES PERMITTED (RC-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. 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. Planning District 4 (Prospect) Land Use By-law Page 33 (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. 4.15 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. For clarity, a shipping container is not considered a vehicle body. (RC-Dec 11/25;E-Feb 2/26) 4.16 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 Sections 90 to 94 of the Planning Act, S.N.S. 1989, shall prevail. 4.17 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. 4.18 HEIGHT REGULATIONS The height regulations of this By-law shall not apply to church spires, water tanks, elevator enclosures, silos, flagpoles, television or radio antennae, ventilators, skylights, barns, chimneys, clock towers, windmills (RC-Aug 16/11;E-Oct 29/11) or solar collectors. 4.19 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 Planning District 4 (Prospect) Land Use By-law Page 34 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 from any watercourse within the WC Zone shall be 91.4m. No excavation, infilling, tree, stump and other vegetation removal or any alteration of any kind shall be permitted within this buffer. Activity shall be limited to the placement of board walks, walkways and trails, conservation uses and buildings and structures for conservation related uses, wilderness campsites or non-motorized water related recreation uses. (f) Notwithstanding clause (e), the Indian Lake Golf Club, located on PID No. 40695550, shall be permitted to expand on to the WC Zone provided that all requirements of clause (e) are satisfied. (g) Notwithstanding clause (a), the required buffer for construction and demolition operations shall be as specified under the applicable CD Zone. (h) Within the buffer required pursuant to clause (g), 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 shall be reduced in a manner which would provide the greatest possible separation from a watercourse having regard to other yard requirements. (4) Notwithstanding subsection (1), nothing in this by-law shall prohibit the removal of windblown, diseased or dead trees, deemed to be hazardous or unsafe. (5) Notwithstanding subsection (1), the selective removal of vegetation to maintain the overall health of the buffer may be authorized by the Development Officer where a management plan is submitted by a qualified arborist, landscape architect, forester or forestry technician. (6) Every application for a development permit for a building or structure to be erected pursuant to this section, shall be accompanied by plans drawn to an appropriate scale showing the required buffers, existing vegetation limits and contours and other information including professional opinions, as the Development Officer may require, to determine that the proposed building or structure will meet the requirements of this section. Planning District 4 (Prospect) Land Use By-law Page 35 4.19A COASTAL AREAS (RC-Jun 27/06;E-Aug 26/06) (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 residential accessory structures which do (Deletion: HWCC-Apr 13/21;E-May 01/21) not contain a backyard suite (RC- Sep 1/20;E-Nov 7/20) 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. 4.20 DAYLIGHTING TRIANGLE On a corner lot, a fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall not be erected or permitted to grow to a height more than two (2) feet (0.6 m) above grade of the streets that abut the lot within the triangular area included within the street lines for a distance of twenty (20) feet (6.1 m) from their point of intersection. 4.21 NATURAL HAZARDS AND YARD REQUIREMENTS Where, in this By-law, a front, side or rear yard is requi{}t of the area of the lot is usually covered by water or marsh or is beyond the high water mark of 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 on the lot to the edge of the said area covered by water or marsh, or to the top of the said cliff or embankment if such area is closer than the lot lines. 4.22 ILLUMINATION No person shall erect any illuminated sign or illuminate an area outside any building unless such illumination is directed away from adjoining properties and any adjacent streets. 4.23 SEPARATION BETWEEN MAIN BUILDINGS The minimum separation distance between main buildings located on the same lot shall be sixteen (16) feet (4.8 m). Planning District 4 (Prospect) Land Use By-law Page 36 4.24 COMMERCIAL MOTOR VEHICLE No more than one (1) commercial vehicle shall be kept on a lot within any residential zone, except within the RRD-1 and RRD-C zones where an unlimited number of commercial vehicles may be kept, and no such commercial vehicle shall exceed a registered vehicle weight of three (3) tons (3048 kg). 4.25 PARKING REQUIREMENTS (a) For every building or structure to be erected or enlarged, off-street parking located within the same zone and upon the same lot 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 below 1 space per dwelling unit Multiple dwellings (except for senior citizen apartments) 1.5 spaces per dwelling unit Shared housing use 0 spaces (RC-Aug 9/22;E-Sep 15/22) Retail stores, service and person service shops and self-storage facility (NWCC-Nov 10/25;E-Nov 26/25): (i) exceeding 5,000 square feet (465.5 m2) of gross floor area 5.5 spaces per 1,000 square feet (92.9 m2) of gross floor area (ii) not exceeding 5,000 square feet (465.5 m2) of gross floor area 3.3 spaces per 1,000 square feet (92.9 m2) of gross floor area Banks, financial institutions and general offices 3.3 spaces per 1,000 square feet (92.9 m2) of gross floor area Motels, hotels, tourist cabins, 1 space per sleeping unit plus guest homes, and short-term bedroom requirements for accessory uses such rentals (RC-Feb 21/23;E-Sep 1/23) as restaurants, lounges, retail space, etc. Planning District 4 (Prospect) Land Use By-law Page 37 USE PARKING REQUIREMENT Restaurants - Drive-In 27 spaces per 1,000 square feet (92.9 m2) of net floor area excluding public washrooms, food preparation and storage areas Restaurants - Full Service 20 spaces per 1,000 square feet (92.9 m2) of net floor area excluding public washrooms, food preparation and storage areas Restaurants - Take-Out: (a) exceeding 300 square feet 16 spaces per 1,000 square (27.9 m2) of net floor feet (92.9 m2) of net floor area excluding public washrooms area excluding public and storage areas washrooms and storage areas (b) not exceeding 300 square feet 5 spaces (27.9 m2) of net floor area excluding public washrooms and storage areas Lounges, taverns and beverage rooms the greater of 1 space per 3 seats or 1 space per 100 square feet (0.9 m2) of gross floor area Theatres 1 space per 5 seats Institutional uses except as otherwise (RC-Aug 9/22;E-Sep 15/22)specified below where there are fixed seats, the greater of 1 space per 4 seats or 1 space per 100 square feet (0.9 m2) of gross floor area where there are no fixed seats, the greater of 1 space per 100 square feet (0.9 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 Schools 3 spaces per classroom plus 1 space over 20 high school students Hospitals 2 spaces per bed Planning District 4 (Prospect) Land Use By-law Page 38 USE PARKING REQUIREMENT 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 general industrial uses the greater of 2 spaces per 1,000 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 4.25(a) above, reserved parking spaces for the mobility disabled shall be provided in addition to the required spaces in conformity with the following schedule: USE PARKING REQUIREMENT Medical clinics and offices of the health practitioner 1 reserved parking space for the mobility disabled per 5 - 15 parking spaces required additional space for each additional 15 required spaces or part thereof to a maximum of 10 Multiple Dwellings 1 reserved parking space per 30 units to a maximum of 10 USE PARKING REQUIREMENT Restaurants and Theatres 1 reserved parking space per 50 seats to a maximum of 10 All other uses excluding fire 1 reserved parking space for the stations, boarding houses and any mobility disabled per 15 - 100 parking industrial use which does not spaces required; have a retail function 1 additional space for each additional 100 required spaces or part thereof, to a maximum of 10 Planning District 4 (Prospect) Land Use By-law Page 39 4.26 STANDARDS FOR PARKING LOTS Where a parking lot for more than four (4) vehicles is required or permitted: (a) the lot shall be maintained with a stable surface that is treated to prevent the raising of dust or loose particles; (b) individual parking spaces shall be 8 feet (2.4 m) by 20 feet (6.2 m); (c) the lights used for illumination of the lot shall be so arranged as to divert the light away from streets, adjacent lots and buildings; (d) a structure, not more than fifteen (15) feet (4.6 m) in height and not more than fifty (50) square feet (4.6 m2) in area may be erected in the lot for the use of attendants; (e) no petroleum product pumps or other service station equipment shall be located or maintained on the lot; (f) all parking areas shall provide manoeuvring areas or aisles to permit vehicles to leave the property in a forward motion; (g) approaches or driveways to the lot shall be defined by a curb or concrete or rolled asphalt and the limits of the lot shall be defined by a fence, curb or other suitable obstruction designed to provide a neat appearance; in addition, the location of approaches or driveways shall be not closer than fifty (50) feet (15.2 m) from the limits of the right-of-way at a street intersection; (h) 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; and (i) the width of a driveway leading to a parking lot or loading space, or of a driveway or aisle in a parking lot, shall be a minimum width of ten (10) feet (3 m) if for one- way traffic and a minimum width of twenty (20) feet (6.1 m) if for two-way traffic, and the maximum width of a driveway shall be twenty-five (25) feet (7.6 m). 4.27 PARKING STANDARDS FOR MOBILITY DISABLED (a) 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. (b) Where the limits of the parking lot are defined by a curb, the parking lot shall be provided with a ramped curb a 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 (27.9 m) from the location which it is intended to serve. (c) Each reserved parking space shall be located as close as possible to the location it is intended to serve. (d) Each reserved parking space shall be clearly identified by a ground sign. 4.28 LOADING SPACE REQUIREMENTS (a) In any zone, no person shall erect or use any building or structure for manufacturing, storage or warehousing, or as a retail or wholesale store, or as a freight or passenger terminal, or for any other use involving the frequent shipping, loading or unloading of persons, animals or goods, unless there is maintained on the same premises a loading space(s) with every such use: Planning District 4 (Prospect) Land Use By-law Page 40 GROSS FLOOR AREA NO. OF SPACES Less than 4,999 sq.ft. (464.4 m2) 0 5,000 - 14,999 sq.ft. (464.5 - 1393.5 m2) 1 15,000 - 34,999 (1393.6 - 3251.5 m2) 2 More than 35,000 (3251.6 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 thereunto, shall be constructed of and maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. (d) In any zone, no person shall erect or use any building or structure for a self- storage facility, unless there is maintained on the same premises a loading space(s) with every such use: (NWCC-Nov 10/25;E-Nov 26/25) GROSS FLOOR AREA NO. OF SPACES Less than 4,999 sq.ft. (464.4 m2) 1 5,000 - 14,999 sq.ft. (464.5 - 1393.5 m2) 2 15,000 - 34,999 (1393.6 - 3251.5 m2) 3 15,000 - 34,999 (1393.6 - 3251.5 m2) 4 (NWCC-Nov 10/25;E-Nov 26/25) 4.29 COMPOSTING OPERATIONS (MC-Feb 26/96;E-Mar 28/96) No development permit shall be issued for a composting operation except in compliance with the following provisions: (a) the use shall not be obnoxious or create a nuisance; (b) a composting operation shall meet the following separation distances: (i) from any property line 328 feet (100 m) (ii) from the nearest: 1. residential dwelling 1,640 feet (500 m) 2. community facility use 1,640 feet (500 m) 3. commercial or industrial building 984 feet (300 m) (iii) from a watercourse 328 feet (100 m) (c) notwithstanding any other provisions of this by-law, composting operations may occur either inside or outside of a building; and (d) a composting operation shall not have direct access to either a local or subdivision road, as determined by the Municipality's Engineering and Works Department and any access road for such operations shall not occur through lands zoned for residential use (RA-1, RA-2, RA-3, RA-4, RB-1, RB-2, RB-3, and RB-4 Zones). Planning District 4 (Prospect) Land Use By-law Page 41 4.30 TOURIST ACCOMMODATIONS One dwelling unit per lot may be used as an accommodation for the travelling public, on a daily, weekly, or monthly basis, for gain or profit, provided all other requirements of the Land Use By-law are met. (WRCC-Jun 7/04;E-Jun 27/04) 4.31 SCHEDULE F - 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 F 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 G - 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 G 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; Planning District 4 (Prospect) Land Use By-law Page 42 f) "Turbine" means a wind energy conversion system, the purpose of which is to produce electricity, consisting of rotor blades, associated control or conversion electronics, and other accessory structures. g) "Wind Energy Facility" means a wind energy conversion system, the purpose of which is to produce electricity, consisting of one or more roof mounted turbines or turbine towers, with rotor blades, associated control or conversion 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 H - 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. Planning District 4 (Prospect) Land Use By-law Page 43 v) Turbine towers of Small Facilities in the UW-1 Zone shall be set back a minimum distance of 180 metres (590 feet) from any habitable building on an adjacent property. vi) Turbine towers of Medium Facilities in the UW-1 Zone shall be set back a minimum distance of 250 metres (820 feet) from any habitable building on an adjacent property. 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. Planning District 4 (Prospect) Land Use By-law Page 44 III PERMIT APPLICATION REQUIREMENTS All Wind Energy Facilities require a development permit. The permit application shall contain the following: a) a description of the proposed Wind Energy Facility, including an overview of the project, the proposed total rated capacity of the Wind Energy Facility; 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: Planning District 4 (Prospect) Land Use By-law Page 45 i) a site plan that includes property boundaries and the location of the proposed wind energy facility; ii) a description of the type of wind energy facility; and iii) the applicant's contact information which shall include a mailing address. V EXCEPTIONS 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 Planning District 4 Land Use By-law: i) RPK (Regional Park) Zone; ii) PA (Protected Area) Zone iii) P-3 (Conservation) Zone. VII INSTALLATION AND DESIGN a) The installation and design of a Wind Energy Facility shall conform to applicable industry standards. b) All structural, electrical and mechanical components of the Wind Energy Facility shall conform to relevant and applicable local, provincial and national codes. c) All electrical wires shall, to the maximum extent possible, be placed underground. d) The visual appearance of the Wind Energy Facility shall at a minimum: i) be a non-obtrusive colour such as white, off-white or gray; ii) not be artificially lit, except to the extent required by the Federal Aviation Act or other applicable authority that regulates air safety; and, iii) not display advertising (including flags, streamers or decorative items), except for identification of the turbine manufacturer, facility owner and operator. VIII MISCELLANEOUS a) Micro Wind Facilities shall be permitted on buildings subject the requirements in Section II a) Urban Wind Requirements and Section II b) Rural Wind Requirements. b) The siting of Wind Energy Facilities is subject to the requirements for Watercourse Setbacks and Buffers as set out in the Land Use By-law. c) The siting of all accessory buildings are subject to the general set back provisions for buildings under this By-law Planning District 4 (Prospect) Land Use By-law Page 46 IX SCHEDULES a) Schedule H - 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. 4.35 CANNABIS-RELATED USES (RC-Sep 18/18;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. 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. Planning District 4 (Prospect) Land Use By-law Page 47 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, the more restrictive regulations shall apply. (b) No person shall erect a sign according to the provisions of Section 5. 3 except where a development permit has been issued, and no permit to erect a sign shall be issued unless all the sign provisions of this By-law are satisfied. 5.1A TEMPORARY SIGNAGE (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 compliance with the Building By-law and any fire prevention and electrical codes. 5.3 SIGN AREA The total area permitted of any sign shall be considered to be the area of the smallest rectangle, triangle or circle which can totally circumscribe the sign face or surface of any single, double or three-faced sign in the plane of its largest dimension. Each visible face of a multi-faced sign shall be calculated separately and then totalled in determining the sign area permitted. 5.4 SIGNS PERMITTED IN ALL ZONES The following signs shall be permitted in all zones and in addition to any signs permitted according to Section 5.3: (a) Any sign which has an area of no more than two (2) square feet (0.2 m2) and which identifies the name and address of a resident. (b) Any sign which has an area of no more than two (2) square feet (0.2 m2) and which regulates the use of property, as do no trespassing signs. (c) Any real estate sign which has an area of no more than eight (8) square feet (0.7 m) in any residential or mixed use zone or twenty-four (24) square feet (2.2 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. Planning District 4 (Prospect) Land Use By-law Page 48 (e) Any sign which has an area of no more than fifty (50) square feet (4.6 m2) and which is incidental to construction. (f) Any sign erected by, or under the direction of, a government body as are signs identifying public buildings, giving public information or regulating traffic or safety. (g) Any flag, insignia, notice or advertising of any charitable, religious or fraternal organization. (h) Any memorial sign, plaque or tablet. 5.5 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. (b) Any sign which, for any reason, obstructs the vision of drivers leaving a roadway or driveway, or detracts from the visibility or effectiveness of any traffic sign or control device on public streets. (c) Any sign which obstructs free ingress to or egress from a fire escape door, window or other required exit. (d) Any sign located at or near a sharp road curve or below the crest of a hill, except a sign erected by a government body. (e) Any sign which is not erected by, or under the direction of, a government body and which makes use of words such as STOP, LOOK , DANGER , ONE WAY or YIELD or any similar words, phrases, symbols, lights or characters used in a manner which may mislead, confuse or otherwise interfere with traffic along a public road. (f) Any sign which incorporates any flashing or moving illumination and any sign which has any visible moving part or mechanical movement whether achieved by natural or artificial means. (g) Any searchlight, stringlight, spinner or streamer except for occasions such as grand openings, county fairs and public festivals, or used as temporary holiday decorations. (h) Any sign painted on a tree, stone, cliff or other natural object. (i) Any sign which is not related to any business or use located on the lot or premises, and any sign which no longer advertises a bona fide business conducted or a product sold. Such signs are deemed to be obsolete signs and shall be removed by the owner or occupant of the property upon which they are erected, within sixty (60) days of the date of discontinuance of the business or product. 5.6 PROJECTING SIGNS No projecting sign shall: (a) project over a public right-of-way or daylighting triangle; (b) project horizontally more than six (6) feet (1.8 m) from any wall to which it is attached; (c) project above the eaves, parapet or roof line of a building; (d) be erected below a height of ten (10) feet (3.0 m) above grade or exceed a height of thirty-five (35) feet (10.7 m); Planning District 4 (Prospect) Land Use By-law Page 49 (e) be permitted to swing freely on its supports; or (f) exceed twenty (20) square feet (1.9 m2) of sign area on a single face or forty (40) square feet for both faces combined. 5.7 GROUND SIGNS No ground sign shall: (a) extend beyond a property line or project over a public right-of-way, daylighting triangle, or lot line; (b) be located less than ten (10) feet (3.0 m) from any street line or abutting lot line; (c) exceed a height of twenty-five (25) feet (7.6 m); or (d) exceed fifty (50) square feet (4.6 m2) of sign area on a single face or one hundred (100) square feet (9.3 m2) of sign area for both faces combined. 5.8 FACIAL WALL SIGNS No facial wall sign shall: (a) extend above to 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. Planning District 4 (Prospect) Land Use By-law Page 50 PART 6: RA-1 (RESIDENTIAL A-1) ZONE 6.1 RA-1 USES PERMITTED No development permit shall be issued in any RA-1 (Residential A-1) Zone except for the following: Residential Uses Single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community Uses Open space uses Other Uses Existing business uses All existing dwellings 6.2 RA-1 ZONE REQUIREMENT In any RA-1 Zone, where uses are permitted in accordance with Section 6.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.7 m) 6.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RA-1 Zone, the following shall apply: (a) Any home business shall be wholly contained within the dwelling which is the principal residence of the operator of the home business. (b) No more than twenty-five (25) percent of gross floor area shall be devoted to any business use, and in no case shall any home business use occupy more than three hundred (300) square feet (27.9 m2). (c) No mechanical equipment shall be used except that which is reasonably consistent with the use of a dwelling and such equipment shall not be obnoxious or create a nuisance by virtue of noise, vibration, glare, odour or dust. (d) No outdoor display or outdoor storage of materials, goods, supplies, or equipment related to the operation of the business shall be permitted. (e) No signage shall be permitted. Planning District 4 (Prospect) Land Use By-law Page 51 (f) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any home business. Planning District 4 (Prospect) Land Use By-law Page 52 PART 7: RA-2 (RESIDENTIAL A-2) ZONE 7.1 RA-2 USES PERMITTED No development permit shall be issued in any RA-2 (Residential A-2) Zone except for the following: Residential Uses Single unit dwellings Auxiliary dwelling unit Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community Uses Open space uses Other Uses Existing business uses All existing dwellings 7.2 RA-2 ZONE REQUIREMENT In any RA-2 Zone, where uses are permitted in accordance with Section 7.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.6 m) 7.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where business uses are permitted in any RA-2 Zone the following shall apply: (a) Any home business shall be wholly contained within the dwelling which is the principal residence of the operator of the home business. (b) No more than twenty-five (25) percent of gross floor area shall be devoted to any business use, and in no case shall any home business use occupy more than three hundred (300) square feet (27.9 m2) (c) No mechanical equipment shall be used except that which is reasonably consistent with the use of a dwelling and such equipment shall not be obnoxious or create a nuisance by virtue of noise, vibration, glare, odour or dust. (d) No outdoor display or outdoor storage of materials, goods, supplies, or equipment related to the operation of the business shall be permitted. Planning District 4 (Prospect) Land Use By-law Page 53 (e) No signage shall be permitted. (f) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any home business. Planning District 4 (Prospect) Land Use By-law Page 54 PART 8: RA-3 (RESIDENTIAL A-3) ZONE 8.1 RA-3 USES PERMITTED No development permit shall be issued in any RA-3 (Residential A-3) Zone except for the following: Residential Uses Single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community Uses Open space uses Other Uses Existing business uses All existing dwellings 8.2 RA-3 ZONE REQUIREMENT In any RA-3 Zone, where uses are permitted in accordance with Section 8.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.6 m) 8.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RA-3 Zone, the following shall apply: (a) Any home business shall be wholly contained within the dwelling which is the principal residence of the operator of the home business. (b) No more than twenty-five (25) percent of gross floor area shall be devoted to any home business use, and in no case shall any home business use occupy more than three hundred (300) square feet (27.9 m2) (c) No mechanical equipment shall be used except that which is reasonably consistent with the use of a dwelling and such equipment shall not be obnoxious or create a nuisance by virtue of noise, vibration, glare, odour or dust. (d) No outdoor display or outdoor storage of materials, goods, supplies or equipment related to the operation of the business shall be permitted. Planning District 4 (Prospect) Land Use By-law Page 55 (e) No more than one (1) sign shall be permitted for any home business and no such sign shall exceed two (2) square feet (0.2 m2) in area. (f) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any home business. Planning District 4 (Prospect) Land Use By-law Page 56 PART 9: RA-4 (RESIDENTIAL A-4) ZONE 9.1 RA-4 USES PERMITTED No development permit shall be issued in any RA-4 (Residential A-4) Zone except for the following: Residential Uses Single unit dwellings Auxiliary dwelling unit Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community Uses Open space uses Other Uses Existing business uses All existing dwellings 9.2 RA-4 ZONE REQUIREMENT In any RA-4 Zone, where uses are permitted in accordance with Section 9.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.7 m) 9.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where business uses are permitted in any RA-4 Zone the following shall apply: (a) Any home business shall be wholly contained within the dwelling which is the principal residence of the operator of the home business. (b) No more than twenty-five (25) percent of gross floor area shall be devoted to any business use, and in no case shall any home business use occupy more than three hundred (300) square feet (27.9 m2) (c) No mechanical equipment shall be used except that which is reasonably consistent with the use of a dwelling and such equipment shall not be obnoxious or create a nuisance by virtue of noise, vibration, glare, odour or dust. (d) No outdoor display or outdoor storage of materials, goods, supplies, or equipment related to the operation of the business shall be permitted. Planning District 4 (Prospect) Land Use By-law Page 57 (e) No more than one (1) sign shall be permitted for any home no such sign shall exceed two (2) square feet (0.2 m2) in area. (f) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any home business. Planning District 4 (Prospect) Land Use By-law Page 58 PART 10: RB-1 (RESIDENTIAL B-1) ZONE 10.1 RB-1 USES PERMITTED No development permit shall be issued in any RB-1 (Residential B-1) Zone except for the following: Residential Uses Single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community uses Open space uses Commercial Uses Craft shops Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) Resource Uses Fishery support uses Aquaculture support uses Agricultural uses Other Uses Existing business uses All existing dwellings Denominational uses at 797 Prospect Road, Goodwood (RC-Feb 26/19;E-Apr 20/19) 10.2 RB-1 ZONE REQUIREMENT In any RB-1 Zone, where uses are permitted in accordance with Section 10.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.7 m) 10.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RB-1 Zone the following shall apply: Planning District 4 (Prospect) Land Use By-law Page 59 (a) Any home business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. (b) No more than one thousand (1,000) square feet (92.9 m2) of the combined gross floor area of any structure shall be devoted to a home business use. (c) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (d) All outdoor storage of materials, goods, supplies, or equipment related to the operation of the business shall not exceed ten (10) percent of the gross floor area of the home business and must be effectively screened by a vegetative cover. (e) No outdoor display shall be permitted. (f) No more than one (1) sign shall be permitted for any home business and no such sign shall exceed three (3) square feet (0.3 m2) in area. (g) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any home business. 10.4 OTHER REQUIREMENTS: CRAFT SHOPS Where uses are permitted as craft shops in any RB-1 Zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any craft shop. (b) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a craft shop shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any craft shop and no such sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty- two (32) square feet (3.0 m2) for both faces combined. 10.5 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 10.2, where fishery support uses are permitted in any RB-1 Zone, the following shall apply: (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish and boat sheds may be built to the lot line which corresponds to the high water mark. 10.6 OTHER REQUIREMENTS: AQUACULTURE SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 10.2, where aquaculture support uses are permitted in any RB-1 Zone, the following shall apply: Planning District 4 (Prospect) Land Use By-law Page 60 (a) The combined gross floor area of all fish sheds, boat sheds, hatcheries, tanks, vats and pounds directly related to the aquaculture support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds may be built to the lot line which corresponds to the high water mark. 10.7 OTHER REQUIREMENTS: AGRICULTURAL USES (Goodwood, Hatchet Lake, Shad Bay) In any RB-1 Zone, in the Communities of Goodwood, Hatchet Lake and Shad Bay where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than fifty (50) domestic fowl or ten (10) other animals is erected, no such structure shall: (a) Be erected on any lot having less than twenty-five thousand (25,000) square feet (2322.6 m2); (b) Exceed five hundred (500) square feet (46.4 m2); (c) Be less than eight (8) feet (2.4 m) from any lot line; (d) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (e) Be less than sixteen (16) feet (4.9 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (f) Be less than twenty-five (25) feet (7.6 m) from any watercourse or water body. 10.8 OTHER REQUIREMENTS: AGRICULTURAL USES (McGraths Cove, East Dover) In any RB-1 Zone, in the Communities of McGraths Cove and East Dover, where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than 20 domestic fowl or 10 other animals is erected, no such structure shall: (a) Be erected on any lot having less than 20,000 square feet (1858.1 m2); (b) Exceed 800 square feet (74.3 m2); (c) Be less than 8 feet (2.4 m) from any side lot line; (d) Be less than 100 feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (e) Be less than 32 feet (9.7 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (f) Be less than 25 feet (7.6 m) from any watercourse or water body. Planning District 4 (Prospect) Land Use By-law Page 61 10.9 OTHER REQUIREMENTS: DENOMINATIONAL USES at 797 Prospect Road, Goodwood (RC-Feb 26/19;E-Apr 20/19) Where denominational uses are permitted at 797 Prospect Road, Goodwood, no development permit shall be issued except in conformity with the requirements under Section 30.2 except for minimum lot area and frontage requirements. Planning District 4 (Prospect) Land Use By-law Page 62 PART 11: RB-2 (RESIDENTIAL B-2) ZONE 11.1 RB-2 USES PERMITTED No development permit shall be issued in any RB-2 (Residential B-2) Zone except for the following: Residential Uses Single unit dwellings Two unit dwellings Auxiliary dwelling unit within single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community uses Open space uses Commercial Uses Craft shops Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) Resource Uses Fishery support uses Aquaculture support uses Agricultural uses Other Uses Existing business uses All existing dwellings 11.2 RB-2 ZONE REQUIREMENT In any RB-2 Zone, where uses are permitted in accordance with Section 11.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) per dwelling unit Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) or 0.0 feet from the side being common with another dwelling unit. Maximum Height of Main Building 35 feet (10.7 m) Planning District 4 (Prospect) Land Use By-law Page 63 11.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RB-2 Zone the following shall apply: (a) Any business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. (b) No more than one thousand (1,000) square feet (9.3 m2) of the combined gross floor area of any structure shall be devoted to a home business use. (c) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (d) No outdoor storage of materials, goods, supplies or equipment related to the operation of the business shall not exceed ten (10) percent of the gross floor area of the home business and must be effectively screened by vegetative cover. (e) No outdoor display shall be permitted. (f) No more than one (1) sign shall be permitted for any home business and no such sign shall exceed three (3) square feet (0.3 m2) in area. (g) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any business or facility. 11.4 OTHER REQUIREMENTS: CRAFT SHOPS Where uses are permitted as Craft Shops in any RB-2 zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any craft shop. (b) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a craft shop shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any craft shop and no such sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty- two (32) square feet (3.0 m2) for both faces combined. 11.5 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 11.2, where fishery support uses are permitted in any RB-2 Zone, the following shall apply: (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three thousand (3,000) square feet (278.7 m2); (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark; and Planning District 4 (Prospect) Land Use By-law Page 64 (c) All fish and boat sheds may be built to the lot line which corresponds to the high water mark. 11.6 OTHER REQUIREMENTS: AQUACULTURE SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 11.2, where aquaculture support uses are permitted in any RB-2 Zone, the following shall apply: (a) The combined gross floor area of all fish sheds, boat sheds, hatcheries, tanks vats and pounds directly related to the aquaculture support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds may be built to the lot line which corresponds to the high water mark. 11.7 OTHER REQUIREMENTS: AGRICULTURAL USES (Goodwood, Hatchet Lake, Shad Bay) In any RB-2 Zone in the Communities of Goodwood, Hatchet Lake and Shad Bay where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than fifty (50) domestic fowl or ten (10) other animals is erected, no such structure shall: (a) Be erected on any lot having less than twenty-five thousand (25,000) square feet (2322.6 m2); (b) Exceed five hundred (500) square feet (46.4 m2); (c) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (d) Be less than sixteen (16) feet (4.9 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (e) Be less than twenty-five (25) feet (7.6 m) from any watercourse or water body. 11.8 OTHER REQUIREMENTS: AGRICULTURAL USES (McGraths Cove, East Dover) In any RB-2 Zone in the Communities of McGraths Cove and East Dover, where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than 20 domestic fowl or 10 other animals is erected, no such structure shall: (a) Be erected on any lot having less than 20,000 square feet (1858.1 m2); (b) Exceed 800 square feet (74.3 m2); (c) Be less than 8 feet (2.4 m) from any side lot line; (d) Be less than 100 feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (e) Be less than 32 feet (9.7 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (f) Be less than 25 feet (7.6 m) from any watercourse or water body. Planning District 4 (Prospect) Land Use By-law Page 65 PART 12: RB-3 (RESIDENTIAL B-3) ZONE 12.1 RB-3 USES PERMITTED No development permit shall be issued in any RB-3 (Residential B-3) Zone except for the following: Residential Uses Single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community uses Open space uses Commercial Uses Craft shops Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) Resource Uses Fishery support uses Aquaculture support uses Agricultural uses Other Uses Existing business uses All existing dwellings 12.2 RB-3 ZONE REQUIREMENT In any RB-3 Zone, where uses are permitted in accordance with Section 12.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.6 m) 12.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RB-3 Zone the following shall apply: Planning District 4 (Prospect) Land Use By-law Page 66 (a) Any home business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. (b) No more than fifteen hundred (1,500) square feet (139.4 m2) of the combined gross floor area of any structure shall be devoted to a home business use. (c) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (d) All outdoor storage of materials, goods, supplies, or equipment related to the operation of the business shall not exceed ten (10) percent of the gross floor area of the home business and must be effectively screened by a vegetative cover. (e) No outdoor display shall be permitted. (f) No more than one (1) sign shall be permitted for any home business and no such sign shall exceed three (3) square feet (0.3 m2) in area. (g) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any home business. 12.4 OTHER REQUIREMENTS: CRAFT SHOPS Where uses are permitted as craft shops in any RB-3 Zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any craft shop. (b) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a craft shop shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any craft shop and no such sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty- two (32) square feet (3.0 m2) for both faces combined. 12.5 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 12.5, where fishery support uses are permitted in any RB-3 Zone, the following shall apply: (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish and boat sheds may be built to the lot line which corresponds to the high water mark. 12.6 OTHER REQUIREMENTS: AQUACULTURE SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 12.6, where aquaculture support uses are permitted in any RB-3 Zone, the following shall apply: Planning District 4 (Prospect) Land Use By-law Page 67 (a) The combined gross floor area of all fish sheds, boat sheds, hatcheries, tanks, vats and pounds directly related to the aquaculture support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds may be built to the lot line which corresponds to the high water mark. 12.7 OTHER REQUIREMENTS: AGRICULTURAL USES In any RB-3 Zone, where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than fifty (50) domestic fowl or ten (10) other animals is erected, no such structure shall: (a) Be erected on any lot having less than twenty-five thousand (25,000) square feet (2322.6 m2); (b) Exceed five hundred (500) square feet (46.4 m2); (c) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (d) Be less than sixteen (16) feet (4.9 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (e) Be less than twenty-five (25) feet (7.6 m) from any watercourse or water body. Planning District 4 (Prospect) Land Use By-law Page 68 PART 13: RB-4 (RESIDENTIAL B-4) ZONE 13.1 RB-4 USES PERMITTED No development permit shall be issued in any RB-4 (Residential B-4) Zone except for the following: Residential Uses Single unit dwellings Two unit dwellings Auxiliary dwelling unit within single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community uses Open space uses Commercial Uses Craft shops Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) Resource Uses Fishery support uses Aquaculture support uses Agricultural uses Other Uses Existing business uses All existing dwellings 13.2 RB-4 ZONE REQUIREMENT In any RB-4 Zone, where uses are permitted in accordance with Section 13.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) per dwelling unit Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) or 0.0 feet from the side being common with another dwelling unit. Maximum Height of Main Building 35 feet (10.7 m) Planning District 4 (Prospect) Land Use By-law Page 69 13.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RB-4 Zone the following shall apply: (a) Any business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. (b) No more than fifteen hundred (1,500) square feet (139.4 m2) of the combined gross floor area of any structure shall be devoted to a home business use. (c) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (d) No outdoor storage of materials, goods, supplies or equipment related to the operation of the business shall not exceed ten (10) percent of the gross floor area of the home business and must be effectively screened by vegetative cover. (e) No outdoor display shall be permitted. (f) No more than one (1) sign shall be permitted for any home business and no such sign shall exceed three (3) square feet (0.3 m2) in area. (g) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any business or facility. 13.4 OTHER REQUIREMENTS: CRAFT SHOPS Where uses are permitted as Craft Shops in any RB-4 zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any craft shop. (b) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a craft shop shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any craft shop and no such sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty- two (32) square feet (3.0 m2) for both faces combined. 13.5 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 13.2, where fishery support uses are permitted in any RB-4 Zone, the following shall apply: (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three thousand (3,000) square feet (278.7 m2); (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark; and Planning District 4 (Prospect) Land Use By-law Page 70 (c) All fish and boat sheds may be built to the lot line which corresponds to the high water mark. 13.6 OTHER REQUIREMENTS: AQUACULTURE SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 13.2, where aquaculture support uses are permitted in any RB-4 Zone, the following shall apply: (a) The combined gross floor area of all fish sheds, boat sheds, hatcheries, tanks vats and pounds directly related to the aquaculture support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds may be built to the lot line which corresponds to the high water mark. 13.7 OTHER REQUIREMENTS: AGRICULTURAL USES In any RB-4 Zone, where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than fifty (50) domestic fowl or ten (10) other animals is erected, no such structure shall: (a) Be erected on any lot having less than twenty-five thousand (25,000) square feet (2322.6 m2); (b) Exceed five hundred (500) square feet (46.4 m2); (c) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (d) Be less than sixteen (16) feet (4.9 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (e) Be less than twenty-five (25) feet (7.6 m) from any watercourse or water body. Planning District 4 (Prospect) Land Use By-law Page 71 PART 14: RRA-1 (RURAL RESIDENTIAL A-1) ZONE 14.1 RRA-1 USES PERMITTED No development permit shall be issued in any RRA-1 (Rural Residential A-1) Zone except for the following: Residential Uses Single unit dwellings Two unit dwellings Auxiliary dwelling units within single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community uses Open space uses Resource Uses Fishery support uses Agricultural uses Other Uses Existing business uses All existing dwellings 14.2 RRA-1 ZONE REQUIREMENT In any RRA-1 Zone, where uses are permitted in accordance with Section 14.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) per dwelling unit Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) or 0.0 feet (0.0 m) from the side being common with another dwelling unit. Maximum Height of Main Building 35 feet (10.6 m) 14.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RRA-1 Zone, the following shall apply: Planning District 4 (Prospect) Land Use By-law Page 72 (a) Any home business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. (b) No more than seven hundred and fifty (750) square feet (69.7 m2) of the combined gross floor area of any structure shall be devoted to a home business use. (c) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare odour or dust. (d) All outdoor storage or materials, goods, supplies, or equipment related to the operation of the home business shall be limited to a contiguous area of one hundred and fifty (150) square feet (13.9 m2) and shall be screened from any adjacent residential uses. (e) All outdoor display shall be limited to a contiguous area of thirty-six (36) square feet (3.3 m2) and shall not exceed six (6) feet (1.8 m) in height. (f) No more than one (1) sign shall be permitted for any business or facility and no such sign shall exceed three (3) square feet (0.3 m2) in area. 14.4 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 14.2 where fishery support uses are permitted in any RRA-1 Zone, the following shall apply: (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish and boat sheds may be built to the lot line when the lot line(s) corresponds to the high water mark. 14.5 OTHER REQUIREMENTS: AGRICULTURAL USES In any RRA-1 Zone where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than 20 domestic fowl or 10 other animals is erected, no such structure shall: (a) Exceed 800 square feet (74.3 m2); (b) Be less than 8 feet (2.4 m) from any side lot line: (c) Be less than 100 feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (d) Be less than 32 feet (9.7 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (e) Be less than 25 feet (7.6 m) from any watercourse or waterbody. Planning District 4 (Prospect) Land Use By-law Page 73 PART 15: RRB-1 (RURAL RESIDENTIAL B-1) ZONE 15.1 RRB-1 USES PERMITTED No development permit shall be issued in any RRB-1 (Rural Residential B-1) Zone except for the following: Residential Uses Single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community uses Open space uses Resource Uses Fishery support uses Agricultural uses Other Uses Existing business uses including the existing kennels on LIMS No. 40309932 All existing dwellings Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) 15.2 RRB-1 ZONE REQUIREMENT In any RRB-1 Zone, where uses are permitted in accordance with Section 15.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.7 m) 15.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RRB-1 Zone the following shall apply: (a) Any home business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. Planning District 4 (Prospect) Land Use By-law Page 74 (b) No more than twenty-five (25) percent of gross floor area of all combined structures devoted to any home business use, and in no case shall any business use occupy more than five hundred (500) square feet (46.5 m2). (c) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (d) All outdoor storage or materials, goods, supplies or equipment related to the operation of the business shall be limited to a contiguous area of fifty (50) square feet (4.7 m2). (e) No outdoor display shall be permitted. (f) No more than one (1) sign shall be permitted for any home business, no such sign shall exceed one (1) square foot (0.1 m2) in area. (g) One (1) off-street parking space other than that required for the dwelling shall be provided. 15.4 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 15.2, where fishery support uses are permitted in any RRB-1 Zone, the following shall apply: (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three hundred (300) square feet (27.9 m2). (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish and boat sheds may be built to the lot line which corresponds to the high water mark. 15.5 OTHER REQUIREMENTS: AGRICULTURAL USES (a) In any RRB-1 Zone where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than twelve (12) domestic fowl or six (6) water fowl is erected, no such structure shall: (i) Exceed three hundred (300) square feet (27.9 m2); (ii) Be less than eight (8) feet (2.4 m) from any side lot line: (iii) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (iv) Be less than fifty (50) feet (15.2 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (v) Be less than fifty (50) feet (15.2 m) from any watercourse or waterbody. (b) Where any barn, stable or other building intended for the keeping of water fowl is permitted, a natural or man-made freshwater impoundment shall be located on the property. 15.6 OTHER REQUIREMENTS: BED AND BREAKFAST OUTLETS (Deleted: RC- Feb 21/23;E-Sep 1/23) Planning District 4 (Prospect) Land Use By-law Page 75 PART 16: RRB-2 (RURAL RESIDENTIAL B-2) ZONE 16.1 RRB-2 USES PERMITTED No development permit shall be issued in any RRB-2 (Rural Residential B-2) Zone except for the following: Residential Uses Single unit dwellings Two unit dwellings Auxiliary dwelling units within single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community uses Open space uses Resource Uses Fishery support uses Agricultural uses Other Uses Existing business uses All existing dwellings Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) 16.2 RRB-2 ZONE REQUIREMENT In any RRB-2 Zone, where uses are permitted in accordance with Section 16.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) per dwelling unit Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) or 0.0 feet (0.0 feet) from the side being common with another dwelling unit. Maximum Height of Main Building 35 feet (10.7 m) 16.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RRB-2 Zone the following shall apply: Planning District 4 (Prospect) Land Use By-law Page 76 (a) Any home business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. (b) No more than twenty-five (25) percent of gross floor area of all combined structures devoted to any home business use, and in no case shall any business use occupy more than five hundred (500) square feet (46.5 m2). (c) All outdoor storage or materials, goods, supplies, or equipment related to the operation of the business shall be limited to a contiguous area of fifty (50) square feet (4.6 m2). (d) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (e) No outdoor display shall be permitted. (f) No more than one (1) sign shall be permitted for any home business, no such sign shall exceed one (1) square foot (0.1 m2) in area. (g) One (1) off-street parking space other than that required for the dwelling shall be provided. 16.4 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 16.2, where fishery support uses are permitted in any RRB-2 Zone, the following shall apply: (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three hundred (300) square feet (27.9 m2). (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish and boat sheds may be built to the lot line which corresponds to the high water mark. 16.5 OTHER REQUIREMENTS: AGRICULTURAL USES (a) In any RRB-2 Zone where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than twelve (12) domestic fowl or six (6) water fowl is erected, no such structure shall: (i) Exceed three hundred (300) square feet (27.9 m2); (ii) Be less than eight (8) feet (2.4 m) from any side lot line: (iii) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (iv) Be less than fifty (50) feet (15.2 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (v) Be less than fifty (50) feet (15.2 m) from any watercourse or waterbody. (b) Where any barn, stable or other building intended for the keeping of water fowl is permitted, a natural or man-made freshwater impoundment shall be located on the property. 16.6 OTHER REQUIREMENTS: BED AND BREAKFAST OUTLETS (Deleted: RC- Feb 21/23;E-Sep 1/23) Planning District 4 (Prospect) Land Use By-law Page 77 PART 17: RRC-1 (RURAL RESIDENTIAL C-1) ZONE 17.1 RRC-1 USES PERMITTED No development permit shall be issued in any RRC-1 (Rural Residential C-1) Zone except for the following: Residential Uses Single unit dwellings Auxiliary dwelling units within single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC- Aug 9/22;E-Sep 15/22) Home business uses Community Uses Open space uses Resource Uses Agricultural uses Other Uses Existing business uses All existing dwellings 17.2 RRC-1 ZONE REQUIREMENT In any RRC-1 Zone, where uses are permitted in accordance with Section 17.2, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.7 m) 17.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RRC-1 Zone the following shall apply: (a) Any home business shall be wholly contained within the dwelling which is the principal residence of the operator of the home business. (b) No more than twenty-five (25) percent of gross floor area shall be devoted to any business use, and in no case shall any home business use occupy more than three hundred (300) square feet (28 m2). Planning District 4 (Prospect) Land Use By-law Page 78 (c) No mechanical equipment shall be used except that which is reasonably consistent with the use of a dwelling and such equipment shall not be obnoxious or create a nuisance by virtue of noise, vibration, glare, odour or dust. (d) No outdoor display or outdoor storage of materials, goods, supplies, or equipment related to the operation of the business shall be permitted. (e) No signage shall be permitted. (f) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any home business. 17.4 OTHER REQUIREMENTS: AGRICULTURAL USES In any RRC-1 Zone where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than one hundred (100) domestic fowl or twenty (20) other animals is erected, no such structure shall: (a) Exceed fifteen hundred (1,500) square feet (139.4 m2); (b) Be less than eight (8) feet (2.4 m) from any side lot line: (c) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (d) Be less than thirty-two (32) feet (9.7 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (e) Be less than twenty-five (25) feet (7.6 m) from any watercourse or waterbody. Planning District 4 (Prospect) Land Use By-law Page 79 PART 18: RRD-1 (RURAL RESIDENTIAL D-1) ZONE 18.1 RRD-1 USES PERMITTED No development permit shall be issued in any RRD-1 (Rural Residential D-1) Zone except for the following: Residential Uses Single unit dwellings Auxiliary dwelling units within 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) Home business uses Commercial Uses Craft shops Community Uses Shared housing with special care (RC-Aug 9/22;E-Sep 15/22) Community centres Open space uses Resource Uses Fishery support uses Aquaculture support uses Agricultural uses Other Uses Convenience stores Day camps Existing commercial and industrial uses including the existing kennels on LIMS No. 40067811 and the existing fish processing plant on LIMS No. 40522583 Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) 18.2 RRD-1 ZONE REQUIREMENT In any RRD-1 Zone, where uses are permitted in accordance with Section 18.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.7 m) Planning District 4 (Prospect) Land Use By-law Page 80 18.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RRD-1 Zone the following shall apply: (a) Any home business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. (b) No more than one thousand (1,000) square feet (92.9 m2) of the combined gross floor area of any structure shall be devoted to a home business use. (c) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (d) All outdoor storage of materials, goods, supplies, or equipment related to the operation of the business shall not exceed fifteen (15) percent of the floor area devoted to the home business and in no case shall it be unsightly. (e) All outdoor display shall be limited to a contiguous area of fifty (50) square feet (4.6 m2) and shall not exceed six (6) feet (1.8 m) in height. (f) No more than one (1) sign shall be permitted for any home business and no such sign shall exceed three (3) square feet (0.3 m2) in area. (g) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any home business. 18.4 OTHER REQUIREMENTS: CRAFT SHOPS Where craft shops are permitted in any RRD-1 Zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any craft shop. (b) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a craft shop shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any craft shop and no such sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty- two (32) square feet (3.0 m2) for both faces combined. 18.5 OTHER REQUIREMENTS: BED AND BREAKFAST OUTLETS (Deleted: RC- Feb 21/23;E-Sep 1/23) 18.6 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 18.2, where fishery support uses are permitted in any RRD-1 Zone, the following shall apply: (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three thousand (3,000) square feet (278.7 m2). Planning District 4 (Prospect) Land Use By-law Page 81 (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish and boat sheds may be built to the lot line which corresponds to the larger water mark. 18.7 OTHER REQUIREMENTS: AQUACULTURE SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 18.2, where aquaculture support uses are permitted in any RRD-1 Zone, the following shall apply: (a) The combined gross floor area of all fish sheds, boat sheds, hatcheries, tanks, vats and pounds directly related to the aquaculture support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds may be built to the lot line which corresponds to the high water mark. 18.8 OTHER REQUIREMENTS: AGRICULTURAL USES In any RRD-1 Zone where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than one hundred (100) domestic fowl or twenty (20) other animals is erected, no such structure shall: (a) Exceed fifteen hundred (1,500) square feet (139.4 m2); (b) Be less than eight (8) feet (2.4 m) from any side lot line: (c) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (d) Be less than thirty-two (32) feet (9.7 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (e) Be less than twenty-five (25) feet (7.6 m) from any watercourse or waterbody. 18.9 OTHER REQUIREMENTS: COMMUNITY CENTRES AND SHARED HOUSING WITH SPECIAL CARE (RC-Aug 9/22;E-Sep 15/22) Notwithstanding Section 18.2, where community centres and shared housing with special care (RC-Aug 9/22;E-Sep 15/22) are permitted in any RRD-1 Zone, the following shall apply: Minimum Rear Yard or Side Yard ½ the height of the main building Maximum Lot Coverage 50 percent 18.10 OTHER REQUIREMENTS: EXISTING BUSINESS USES The existing fish processing operation located on the lands of Cecil Herritt (LIMS No. 40522583) shall be a permitted use and shall be regulated by the provisions of Section 18.6. Planning District 4 (Prospect) Land Use By-law Page 82 PART 19: RRE-1 (RURAL RESIDENTIAL E-1) ZONE 19.1 RRE-1 USES PERMITTED No development permit shall be issued in any RRE-1 (Rural Residential E-1) Zone except for the following: Residential Uses Single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC- Aug 9/22;E-Sep 15/22) Home business uses Community uses Open space uses Institutional uses Resource Uses Fishery support uses Aquaculture support uses Agricultural uses Other Uses Existing business uses All existing dwellings 19.2 RRE-1 ZONE REQUIREMENT In any RRE-1 Zone, where uses are permitted in accordance with Section 19.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.7 m) 19.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any RRE-1 Zone the following shall apply: (a) Any home business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. Planning District 4 (Prospect) Land Use By-law Page 83 (b) No more than fifteen hundred (1,500) square feet (139.4 m2) of the combined gross floor area of any structure shall be devoted to a home business use. (c) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (d) All outdoor display shall be confined to a maximum of thirty-six (36) square feet (3.3 m2) of contiguous display area which shall not exceed six (6) feet 1.8 m) in height. (e) No outdoor storage of materials, goods, supplies or equipment related to the operation of the business shall be permitted. (f) No more than one (1) sign shall be permitted for any home business and no such sign shall exceed four (4) square feet (0.4 m2) in area. (g) One (1) 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 business or facility. 19.4 RRE-1 ZONE REQUIREMENTS: INSTITUTIONAL Where institutional uses are permitted in the RRE-1 zone, no development permit shall be issued except in conformity with the provisions of the P-2 (Community Facility) Zone. 19.5 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 19.2, where fishery support uses are permitted in any RRE-1 Zone, the following shall apply: (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish and boat sheds may be built to the lot line which corresponds to the high water mark. 19.6 OTHER REQUIREMENTS: AQUACULTURE SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 19.2, where aquaculture support uses are permitted in any RRE-1 Zone, the following shall apply: (a) The combined gross floor area of all fish sheds, boat sheds, hatcheries, tanks, vats and pounds directly related to the aquaculture support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds may be built to the lot line which corresponds to the high water mark. Planning District 4 (Prospect) Land Use By-law Page 84 19.7 OTHER REQUIREMENTS: AGRICULTURAL USES In any RRE-1 Zone where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than one hundred (100) domestic fowl or twenty (20) other animals is erected, no such structure shall: (a) Exceed fifteen hundred (1,500) square feet (139.4 m2); (b) Be less than eight (8) feet (2.4 m) from any side lot line: (c) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (d) Be less than thirty-two (32) feet (9.7 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (e) Be less than twenty-five (25) feet (7.6 m) from any watercourse or waterbody. Planning District 4 (Prospect) Land Use By-law Page 85 PART 20: MU-1 (MIXED USE 1) ZONE 20.1 MU-1 USES PERMITTED No development permit shall be issued in any MU-1 (Mixed Use 1) Zone except for the following: Residential Uses Single unit dwellings Two unit dwellings Auxiliary dwelling unit within single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community Uses Open space uses Commercial Uses Craft shops Convenience stores Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) Resource Uses Fishery support uses Existing aquaculture support uses Existing fish processing plants of Northland and Terence Bay Fisheries Agricultural uses Other Uses Existing business uses All existing dwellings Composting operations (see section 4.29) (MC-Feb 26/96;E-Mar 28/96) 20.2 MU-1 ZONE REQUIREMENT In any MU-1 Zone, where uses are permitted in accordance with Section 20.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) per dwelling unit Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) or 0.0 feet (0.0 m) from the side being common with another dwelling unit. Planning District 4 (Prospect) Land Use By-law Page 86 Maximum Height of Main Building 35 feet (10.7 m) 20.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any MU-1 Zone the following shall apply: (a) Any home business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. (b) No more than seven hundred and fifty (750) square feet (69.7 m2) of a dwelling may be devoted to a home business activity and the home business use may not exceed one thousand (1,000) square feet (92.9 m2) within an accessory structure. (c) No materials or equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (d) All outdoor storage of materials, goods, supplies or equipment related to the operation of the business shall not exceed fifteen (15) percent of the floor area devoted to the home business and in no case shall it be unsightly. (e) All outdoor display shall be limited to a contiguous area of fifty (50) square feet (4.6 m2) and shall not exceed six (6) feet (1.8 m) in height. (f) No more than one (1) sign shall be permitted for any home business and no such sign shall exceed three (3) square feet (0.3 m2) in area. (g) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any home business. 20.4 OTHER REQUIREMENTS: CRAFT SHOPS AND CONVENIENCE STORES Where craft shops and convenience store uses are permitted in any MU-1 Zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any craft shop or convenience store. (b) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a craft shop or convenience store shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any craft shop or convenience store and no such sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty-two (32) square feet (3.0 m2) for both faces combined. 20.5 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 20.2, where existing fishery support uses are permitted in any MU-1 Zone, the following shall apply: Planning District 4 (Prospect) Land Use By-law Page 87 (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish and boat sheds may be built to the lot line which corresponds to the high water mark. 20.6 OTHER REQUIREMENTS: EXISTING AQUACULTURE SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 22.2, where aquaculture support uses are permitted in any MU-1 Zone, the following shall apply: (a) The combined gross floor area of all fish sheds, boat sheds, hatcheries, tanks, vats and pounds directly related to the aquaculture support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds may be built to the lot line which corresponds to the high water mark. 20.7 OTHER REQUIREMENTS: EXISTING FISH PROCESSING PLANTS OF NORTHLAND FISHERIES AND TERENCE BAY FISHERIES The existing fish processing plants of Terence Bay Fisheries (LIMS No. 386854) and Northland Fisheries (LIMS Nos. 384834 and 40501124) shall be a permitted use and any future development shall be subject to the following requirements: (a) No exhaust freezer fan or any outdoor machinery directly related to the fish processing plant, whether or not such machinery is attached to any building or structure shall be permitted in any side or rear yard which abuts a residential use(s) and/or vacant lot(s). (b) The yard requirements for any fish processing plant shall be waived for any yard which abuts the coastal shoreline. 20.8 OTHER REQUIREMENTS: AGRICULTURAL USES In any MU-1 Zone where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than fifty (50) domestic fowl or ten (10) other animals is erected, no such structure shall: (a) Exceed five hundred (500) square feet (46.4 m2); (b) Be less than eight (8) feet (2.4 m) from any side lot line: (c) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (d) Be less than sixteen (16) feet (4.9 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (e) Be less than twenty-five (25) feet (7.6 m) from any watercourse or waterbody. Planning District 4 (Prospect) Land Use By-law Page 88 PART 21: MU-2 (MIXED USE 2) ZONE 21.1 MU-2 USES PERMITTED No development permit shall be issued in any MU-2 (Mixed Use 2) Zone except for the following: Residential Uses Single unit dwellings Two unit dwellings Auxiliary dwelling unit within single unit dwellings Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Home business uses Community Uses Open space uses Commercial Uses Craft shops Convenience stores Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) Resource Uses Existing fishery support uses Existing aquaculture support uses Agricultural uses Other Uses Existing business uses All existing dwellings Composting operations (see section 4.29) (MC-Feb 26/96;E-Mar 28/96) 21.2 MU-2 ZONE REQUIREMENT In any MU-2 Zone, where uses are permitted in accordance with Section 21.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) per dwelling unit Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (4.6 m) of 0.0 feet (0.0 m) from the side being common with another dwelling unit. Maximum Height of Main Planning District 4 (Prospect) Land Use By-law Page 89 Building 35 feet (10.7 m) 21.3 OTHER REQUIREMENTS: HOME BUSINESS USES Where home business uses are permitted in any MU-2 Zone the following shall apply: (a) Any home business shall be wholly contained within either the dwelling or an accessory building on the property which comprises the principal residence of the operator of the home business. (b) No more than seven hundred and fifty (750) square feet (69.7 m2) of a dwelling may be devoted to a home business activity and the home business use may not exceed one thousand (1,000) square feet (92.9 m2) within an accessory structure. (c) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (d) All outdoor storage of materials, goods, supplies, or equipment related to the operation of the business shall display areas may not exceed fifteen (15) percent of the floor area devoted to the home business and in no case shall it be unsightly. (e) All outdoor display shall be limited to a contiguous area of fifty (50) square feet (4.6 m2) and shall not exceed six (6) feet (1.8 m) in height. (f) No more than one (1) sign shall be permitted for any home business and no such sign shall exceed three (3) square feet (0.3 m2) in area. (g) One (1) off-street parking space other than that required for the dwelling shall be provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area devoted to any home business. 21.4 OTHER REQUIREMENTS: CRAFT SHOPS AND CONVENIENCE STORES Where craft shop and convenience store uses are permitted in any MU-2 Zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any craft shop or convenience store. (b) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a business shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any craft shop or convenience store and no such sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty-two (32) square feet (3.0 m2) for both faces combined. 21.5 OTHER REQUIREMENTS: FISHERY SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 21.2, where existing fishery support uses are permitted in any MU-2 Zone, the following shall apply: (a) The combined gross floor area of all buildings directly related to the fishery support use shall not exceed three thousand (3,000) square feet (278.7 m2). Planning District 4 (Prospect) Land Use By-law Page 90 (b) All fish and boat sheds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line corresponds to the high water mark. (c) All fish and boat sheds may be built to the lot line which corresponds to the high water mark. 21.6 OTHER REQUIREMENTS: EXISTING AQUACULTURE SUPPORT USES Notwithstanding the rear and side yard set back requirements of Section 23.2, where existing aquaculture support uses are permitted in any MU-2 Zone, the following shall apply: (a) The combined gross floor area of all fish sheds, boat sheds, hatcheries, tanks, vats and pounds directly related to the aquaculture support use shall not exceed three thousand (3,000) square feet (278.7 m2). (b) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds shall be set back a minimum of eight (8) feet (2.4 m) from the rear and side lot lines, unless the lot line(s) correspond to the high water mark. (c) All fish sheds, boat sheds, hatcheries, tanks, vats and pounds may be built to the lot line(s) which correspond to the high water mark. 21.7 OTHER REQUIREMENTS: AGRICULTURAL USES In any MU-2 Zone where agricultural uses are permitted, and where any barn, stable or other building intended for the keeping of more than fifty (50) domestic fowl or ten (10) other animals is erected, no such structure shall: (a) Exceed five hundred (500) square feet (46.4 m2); (b) Be less than eight (8) feet (2.4 m) from any side lot line: (c) Be less than one hundred (100) feet (30.5 m) from a potable water supply except a supply on the same lot or directly related to the agricultural use; (d) Be less than sixteen (16) feet (4.9 m) from any dwelling except a dwelling on the same lot or directly related to the agricultural use; or (e) Be less than twenty-five (25) feet (7.6 m) from any watercourse or waterbody. Planning District 4 (Prospect) Land Use By-law Page 91 PART 22: RRA-C (RURAL RESIDENTIAL A COMMERCIAL) ZONE 22.1 RRA-C USES PERMITTED No development permit shall be issued in any RRA-C (Rural Residential A Commercial) Zone except for the following: Convenience stores Craft shops Day care facilities Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) All RRA-1 uses 22.2 RRA-C ZONE REQUIREMENT In any RRA-C Zone, where uses are permitted in accordance with Section 22.2, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (2.43 m) Maximum Height of Main Building 35 feet (10.7 m) 22.3 OTHER REQUIREMENTS: COMMERCIAL USES Where commercial uses are permitted in any RRA-C Zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any business use. (b) No materials or mechanical equipment shall be used which are obnoxious or which will create a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a craft shop shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any business use and no sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty-two (32) square feet (3.0 m2) for both faces combined. 22.4 OTHER REQUIREMENTS: RRA-1 USES Any home business, fishery support or agricultural use permitted as an RRA-1 use in Section 22.1, shall be permitted in accordance with the provisions of Sections 14.3, 14.4 and 14.5 respectively. Planning District 4 (Prospect) Land Use By-law Page 92 PART 23: RRB-C (RURAL RESIDENTIAL B COMMERCIAL) ZONE 23.1 RRB-C USES PERMITTED No development permit shall be issued in any RRB-C (Rural Residential B Commercial) Zone except for the following: Convenience stores Day cares facilities Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) All RRB-1 uses 23.2 RRB-C ZONE REQUIREMENT In any RRB-C Zone, where uses are permitted in accordance with Section 23.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (2.43 m) Maximum Height of Main Building 35 feet (10.7 m) 23.3 OTHER REQUIREMENTS: COMMERCIAL USES Where commercial uses are permitted in any RRB-C Zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any business use. (b) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a craft shop shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any business use and no sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty-two (32) square feet (3.0 m2) for both faces combined. 23.4 OTHER REQUIREMENTS: RRB-1 USES Any home business or fishery support use permitted as an RRB-1 use in Section 23.1, shall be permitted in accordance with the provisions of Section 15.3, 15.4 and 15.5 respectively. Planning District 4 (Prospect) Land Use By-law Page 93 PART 24: RRD-C (RURAL RESIDENTIAL D COMMERCIAL) ZONE 24.1 RRD-C USES PERMITTED No development permit shall be issued in any RRD-C (Rural Residential D Commercial) Zone except for the following: Convenience stores Restaurants Day care facilities All RRD-1 uses 24.2 RRD-C ZONE REQUIREMENT In any RRD-C Zone, where uses are permitted in accordance with Section 24.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (2.43 m) Maximum Height of Main Building 35 feet (10.7 m) 24.3 OTHER REQUIREMENTS: COMMERCIAL USES Where commercial uses are permitted in any RRD-C Zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any business use. (b) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a craft shop shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any business use and no sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty-two (32) square feet (3.0 m2) for both faces combined. (f) That all commercial refuse containers shall be located beside or behind the building which it serves, subject to servicing constraints. (g) That all commercial refuse containers shall be enclosed by an effective visual screen so as to not be visible from the street and/or highway and from adjacent properties. Planning District 4 (Prospect) Land Use By-law Page 94 24.4 OTHER REQUIREMENTS: RRD-1 USES Any home businesses, craft shops, community centres, aquaculture support uses, or fishery support uses permitted as an RRD-1 use in Section 24.1, shall be permitted in accordance with the provisions of Section 18.3, 18.4, 18.5, 18.6, 18.7 and 18.8 respectively. (Text deleted: RC-Feb 21/23;E-Sep 1/23) Planning District 4 (Prospect) Land Use By-law Page 95 PART 25: RRE-C (RURAL RESIDENTIAL E COMMERCIAL) ZONE 25.1 RRE-C USES PERMITTED No development permit shall be issued in any RRE-C (Rural Residential E Commercial) Zone except for the following: Convenience stores Craft shops All RR-2 uses 25.2 RR-C ZONE REQUIREMENT In any RRE-C Zone, where uses are permitted in accordance with Section 25.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 15 feet (2.43 m) Maximum Height of Main Building 35 feet (10.7 m) 25.3 OTHER REQUIREMENTS: COMMERCIAL USES Where commercial uses are permitted in any RRE-C Zone, the following shall apply: (a) No more than two thousand (2,000) square feet (185.8 m2) of the gross floor area of all combined structures shall be used for any business use. (b) No materials or mechanical equipment shall be used which is obnoxious or creates a nuisance by virtue of noise, vibration, glare, odour or dust. (c) All outdoor storage or materials, goods, supplies or equipment related to the operation of a craft shop shall be limited to an area of three hundred (300) square feet (27.9 m2) and shall be screened from any adjacent residential uses. (d) All outdoor display shall be limited to one hundred (100) square feet (30.5 m2). (e) No more than one (1) sign shall be permitted for any business use and no such sign shall exceed sixteen (16) square feet (1.5 m2) of sign area on a single face or thirty- two (32) square feet (3.0 m2) for both faces combined. 25.4 OTHER REQUIREMENTS: RRE-1 USES Any home business, institutional, fishery support or aquaculture support use, and agricultural use permitted as an RRE-1 use in Section 25.1, shall be permitted in accordance with the provisions of Sections 19.3, 19.4, 19.5 and 19.6 respectively. Planning District 4 (Prospect) Land Use By-law Page 96 PART 26: C-2 (GENERAL BUSINESS) ZONE 26.1 C-2 USES PERMITTED No development permit shall be issued in any C-2 (General Business) Zone except for the following: Commercial Uses Banks and financial institutions Retail stores Personal service shops Offices Commercial schools Restaurants, drive-inns, take-outs and mobile canteens Parking lots Funeral parlours Medical, dental and veterinary clinics Service shops Automotive repair outlets Athletic, sports and health clubs Greenhouses and nurseries Outdoor display courts Building supply outlets Light equipment sales and rentals Marinas and boat yards Marine service industries (WRCC-Sep 27/95;E-Oct21/95) Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms (RC-Feb 21/23;E-Sep 1/23) Self-Storage Facility (NWCC-Nov 10/25;E-Nov 26/25) Residential uses Residential dwellings containing up to two dwelling units Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) Other Uses All existing dwellings including the existing 4 unit dwelling on LIMS No. 40430209 All existing businesses 26.2 C-2 ZONE REQUIREMENTS In any C-2 Zone, where uses are permitted in accordance with Section 26.2, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard Planning District 4 (Prospect) Land Use By-law Page 97 or Side Yard 15 feet (4.6 m) Maximum Height of Main Building 35 feet (10.7 m) 26.3 OTHER REQUIREMENTS: COMMERCIAL USES Where uses are permitted as commercial uses in a C-2 Zone, the following shall apply: (a) The gross floor area of the commercial use shall not exceed ten (10) percent of the lot area. (b) Any area devoted to open storage shall not exceed fifty (50) percent of the lot area. (c) No outdoor storage or display shall be permitted within any required yard except as permitted within clause (e). (d) Any area devoted to outdoor display shall be not exceed twenty-five (25) percent of the lot area. (e) That any display areas shall be set back a minimum of ten (10) feet (3.0 m) from the street line. (f) That all commercial refuse containers shall be located beside or behind the building which it serves, subject to servicing constraints. (g) That all commercial refuse containers shall be enclosed by an effective visual screen so as to not be visible from the street and/or highway and from adjacent properties. 26.4 OTHER REQUIREMENTS: COMMERCIAL USES ABUTTING RESIDENTIAL USES OR VACANT LOT Notwithstanding the provisions of Section 26.2, within a C-2 Zone, where any commercial use abuts any residential use and/or vacant lot(s), the following shall apply: (a) The side yard which abuts residential use(s) and/or vacant lot(s) shall consist of the greater of fifteen (15) feet (4.6 m) or five (5) percent of the lot frontage. (b) The rear yard which abuts residential use(s) and/or vacant lot(s) shall consist of the greater of fifteen (15) feet (4.6 m) or five (5) percent of the minimum lot depth. (c) No parking or driving aisles shall be permitted within the required side and/or rear yard which abuts a residential use(s) and/or vacant lot(s). (d) An effective landscaped barrier shall be provided throughout the required rear and/or side yard which abuts a residential use(s) and/or vacant lot(s). This barrier shall consist of either existing vegetation, newly established vegetation or a combination thereof, so long as it provides an effective visual screen. 26.5 EXEMPTION: EXISTING COMMERCIAL USES Where any existing business zoned C-2 on the effective date of this by-law (as listed in Section 26.6), exceeds the commercial floor area permitted in Section 25.3 clause (a) any use permitted within the C-2 Zone may extend throughout the entirety of the structure in which it was located on the effective date of this by-law. Planning District 4 (Prospect) Land Use By-law Page 98 26.6 EXISTING COMMERCIAL USES Business Name LIMS Index Number 1. Harry Mitchel Sales 568071 2. Carl Lawrence TV Repair 40415671, 404722 3. Helen's Paint Box and Gary's 655688 Wood Yard 4. Hatchet Lake Esso 380311 5. Community Medical Centre and 380097 Pharmacy 6. Ritchies Tire Shop and Hants 381772 7. Urban Shell Service 381335 8. Tammy's Salon 40537268 9. Holts Take-Out 380204 10. Whites Lake Smart Cart 377861 11. Petro Can Station 377291 12. Pats Place 380246 13. Kathy's Salon 378661 14. AB Chance/Inn Joy Tea Room 377234 15. Dr. McEvoy/Dentist 592568 16. B.J. Settlers 40236895 17. Bayside Irving and Grocery 40264681, 40064206 18. Buddy's Canteen 386896 19. Perry's General Store 384560 20. Brophy's Bakery 387100 21. Terry LeBlanc/Commercial Safety 404855 and Auto Glass Limited 22. Michael Price/K&T Hairstyling 491266 23. Woodcrest Developments 40430209 24. Gert Lenchkersdorfer 40063992 25. Bay Landing\Kwikway 40039265 26. Jack Coolen Marina 570697 27. Whites Lake Motorcycle 378661 28. Richard Sampson 40484, 485516 29. Hatchet Lake Takeout 380097 30. William Jardine 40547549 31. Russell Hazeldon 40066920 32. Louise's Takeout 40067068 33. Dover Sea Side Cottages, Ice Cream 40066730 Stand, and Folk Art/Antique Store 40183170 34. Big Lake Restaurant 40629792 35. Triple A. Grocery 381665 36. Abbies Restaurant and Associated Structures 40070179 on the Lands of Linda Warden 377523 Planning District 4 (Prospect) Land Use By-law Page 99 PART 27: I-1 (LIGHT INDUSTRY) ZONE 27.1 I-1 USES PERMITTED No development permit shall be issued in any I-1 (Light Industry) Zone except for the following: Industrial Uses Permitted Manufacturing operations Warehouse operations Wholesale operations Research facilities Postal and courier depots Recycling depots Transport facilities and maintenance yards Taxi and bus depots Parking lots General contracting and storage yards Communication stations Mobiles and offices accessory to any permitted use Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18) Commercial Uses All C-2 uses Other Uses Composting operations (see section 4.29) (MC-Feb 26/96;E-Mar 28/96) 27.2 I-1 ZONE REQUIREMENTS In any I-1 Zone where uses are permitted in accordance with Section 27.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.9 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear or Side Yard 15 feet (4.6 m) Maximum Lot Coverage All Buildings 50 percent 27.3 OTHER REQUIREMENTS: INDUSTRIAL USES Where uses are permitted as an industrial use in an I-1 Zone, the following shall apply: Planning District 4 (Prospect) Land Use By-law Page 100 (a) The use shall not be obnoxious or create a nuisance. (b) The Development Officer shall obtain approval from the Nova Scotia Departments of the Environment, Health and Fitness and Transportation and Communications before issuing a development permit for manufacturing operations. (c) Notwithstanding Section 27.2, the minimum side yard for any I-1 zone lot which abuts residential use(s) and/or vacant lot(s) shall consist of the greater of fifteen (15) feet (4.6 m) or five (5) percent of the lot frontage; (d) Notwithstanding Section 27.2, the rear yard which abuts residential use(s) and/or vacant lot(s) shall consist of the greater of fifteen (15) feet (4.6 m) or five (5) percent of the minimum lot depth. (e) No parking or driving aisles shall be permitted within the required side and/or rear yard which abuts a residential use(s) and/or vacant lot(s). (f) Any storage associated with the light industrial use, with the exception of mobile equipment, shall be contained within a building or otherwise enclosed by vegetation or other means which provide an effective visual barrier. 27.4 OTHER REQUIREMENTS: RECYCLING DEPOTS Where recycling depots are permitted as light industrial uses in an I-1 Zone, any materials associated with the recycling depot shall be wholly contained within a building. 27.5 OTHER REQUIREMENTS: COMMERCIAL USES Where commercial uses are permitted in the I-1 zone, no development permit shall be issued except in conformity with the provisions of the C-2 (General Business) Zone. 27.6 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. Planning District 4 (Prospect) Land Use By-law Page 101 PART 28: I-3 (LOCAL SERVICE) ZONE 28.1 I-3 USES PERMITTED No development permit shall be issued in any I-3 (Local Service) Zone except for the following: Local Service Uses Autobody shops and engine repairs Welding, plumbing and heating, electrical, carpentry, sheet metal, black smithing, and other special trade contracting services and shops Trucking, landscaping, excavating and paving services Machine shop Service shops Wholesale bakeries Laundromats Boat shops Salvage Yard Uses Existing salvage yard uses on LIMS Nos. 568162, 404822, 40067431 and 40258295 Residential Uses Single and two unit dwellings in conjunction with permitted uses All existing dwelling units Shared housing use with 10 or fewer bedrooms in conjunction with a permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22) 28.2 I-3 ZONE REQUIREMENTS In any I-3 zone where uses are permitted in accordance with Section 28.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear or Side Yard 15 feet (4.6 m) Maximum Height 35 feet (10.7 m) 28.3 OTHER REQUIREMENTS: LOCAL SERVICE USES Where any use is permitted as a local service use, except existing salvage yards, the following shall apply: (a) The total gross floor area of all buildings on any lot which are devoted to local service uses shall not exceed two thousand (2,000) square feet (185.8 m2). (b) No materials or mechanical equipment shall be permitted which are obnoxious or which creates a nuisance. Planning District 4 (Prospect) Land Use By-law Page 102 (c) Any storage associated with the local service use, with the exception of mobile equipment, shall be contained within a building or otherwise enclosed by vegetation or other means which provide an effective visual barrier. (d) Any area devoted to outdoor display shall be confined to a maximum of four hundred (400) square feet (37.2 m2) of contiguous display area. 28.4 OTHER REQUIREMENTS: EXISTING SALVAGE YARDS Notwithstanding any other provisions within the I-3 Zone where expansion of existing salvage yards are permitted in an I-3 Zone, the following shall apply: (a) An existing salvage yard may be permitted to expand up to the limits of the existing lot. (b) The minimum front or flankage yard and rear and side yards must be fifty (50) feet (15.5 m). (c) Where no vegetative screening exists on a property, an effective screen consisting of either a solid fence or a combination of an earthberm and vegetative cover, a minimum height of eight (8) feet (2.3 m) must be erected. (d) A driveway, consisting of a minimum of twenty (20) feet (6.1 m) in width, must be constructed to the entrance of the fenced area of the salvage yard. Planning District 4 (Prospect) Land Use By-law Page 103 PART 29: RE (RESOURCE) ZONE 29.1 RE USES PERMITTED No development permit shall be issued in any RE (Resource) Zone except 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) Business uses in conjunction with permitted dwellings Agricultural uses Agricultural uses intensive Aquaculture industrial uses Forestry uses Hunting and fishing lodges Recreation uses Composting operations (see section 4.29) (MC-February 26, 1996 / E-March 28, 1996) Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18) 29.2 RE ZONE REQUIREMENTS In any RE Zone where uses are permitted in accordance with Section 29.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 80,000 square feet (7432 m2) Minimum Frontage 200 feet (61.0 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 25 feet (7.6 m) 29.3 OTHER REQUIREMENTS: RESIDENTIAL USES In any RE Zone, where single unit dwellings are permitted, no dwelling unit shall be located closer than 50 feet from any side or rear lot line which abuts an existing resource operation. 29.4 OTHER REQUIREMENTS: BUSINESS USES In any RE Zone, where business uses in conjunction with a dwelling are permitted, no more than fifty per cent of the gross floor area of any dwelling shall be devoted to any business use and in no case shall the gross floor area of any dwelling or accessory building devoted to a business use exceed one thousand five hundred (1,500) square feet (134.4 m2). Planning District 4 (Prospect) Land Use By-law Page 104 29.5 OTHER REQUIREMENTS: AGRICULTURAL AND INTENSIVE AGRICULTURAL USES In any RE Zone, where agricultural and intensive agricultural uses are permitted, no barn, stable, or other building intended for the keeping of more than fifty (50) domestic fowl or ten (10) other animals shall be located: (a) less than fifty (50) feet (15.2 m) from any side lot line; (b) 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 or directly related to the agricultural use; (c) less than three hundred (300) feet (90.3 m) from any watercourse; or (d) less than one half (0.5) mile (0.8 km) from any residential or mixed use zone. 29.6 OTHER REQUIREMENTS: AQUACULTURE INDUSTRIAL USES In any RE Zone, where aquaculture industrial uses are permitted, the following shall apply: (a) No hatchery, tank or processing operation which exceeds 3,000 square feet (278.7 m2) of gross floor area, shall be located: (i) less than fifty (50) feet (15.2 m) from any side or rear 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 or directly related to the aquaculture industrial use; or (iii) less than one half (0.5) miles (0.8 km) from any residential or mixed use zone. (b) The yard requirements for any aquaculture industrial use shall be waived for any yard which abuts the shoreline of a waterbody related to the aquaculture operation. 29.7 OTHER REQUIREMENTS: FORESTRY USES In any RE Zone, where forestry uses are permitted, no sawmill or other industrial mill related to forestry which exceeds two thousand (2,000) square feet (185.8 m2) of gross floor area, shall be located: (a) less than fifty (50) feet (15.2 m) from any side or rear lot line; (b) less than one hundred (100) feet (30.5 m) from any dwelling except a dwelling located on the same lot or directly related to the forestry use; (c) less than three hundred (300) feet (90.3 m) from any watercourse; or (d) less than one half (0.5) mile (0.8 km) from any residential or mixed use zone. 29.8 OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep 18/18;E-Nov 3/18) (a) A cannabis production facility shall not exceed 5,000 square feet (464.5 square metres) in gross floor area. (b) Where a lot containing a cannabis production facility abuts a lot (i) zoned or used for residential purposes, or Planning District 4 (Prospect) Land Use By-law Page 105 (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. Planning District 4 (Prospect) Land Use By-law Page 106 PART 30: P-2 (COMMUNITY FACILITY) ZONE 30.1 P-2 USES PERMITTED No development permit shall be issued in any P-2 (Community Facility) Zone except for the following: Institutional Uses Educational institutions Denominational institutions Shared housing use with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22) Day care facilities Fire and police stations Government offices and public works Hospitals, medical and veterinary clinics Public libraries, museums and galleries Existing fraternal halls and centres Recreation uses Day camps Open Space Uses Public and private parks and play grounds Cemeteries Historic sites and monuments Aids to marine navigation Tennis courts Lawn bowling greens 30.2 P-2 ZONE REQUIREMENT In any P-2 Zone, where uses are permitted in accordance with Section 30.1, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (12.0 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard ½ the height of the main building Maximum Lot Coverage 50 percent Planning District 4 (Prospect) Land Use By-law Page 107 PART 31: P-3 (CONSERVATION) ZONE 31.1 P-3 USES PERMITTED No development permit shall be issued in any P-3 (Conservation) Zone except for the following: Conservation Uses Public parks Trails Historic sites and monuments Aids to marine navigation Existing hunting and fishing camps Existing cemeteries Planning District 4 (Prospect) Land Use By-law Page 108 PART 32: PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct 18/14) 32.1 PA USES PERMITTED No development permit shall be issued in any PA (Protected Area) Zone except for the following: Scientific study and education, involving no buildings Trails, boardwalks or walkways Conservation uses Uses accessory to the foregoing uses 32.2 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 32.3 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. Planning District 4 (Prospect) Land Use By-law Page 109 PART 33: P-5 (SPECIAL FACILITY) ZONE 33.1 P-5 USES PERMITTED No development permit shall be issued in any P-5 (Special Facility) Zone except for the following: Special Facility Uses Educational institutions and uses Fire and police stations Community centres and halls Cemeteries Conservation Uses Public parks Trails Historic sites and monuments Aids to marine navigation 33.2 P-5 ZONE REQUIREMENTS In any P-5 Zone, where uses are permitted as Special Facility Uses, except for playgrounds, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) 50 feet (15.2 m) on Highway No. 333 Minimum Rear or Side Yard 15 feet (4.6 m) Maximum Height 35 feet (10.7 m) Maximum Lot Coverage 50 percent Planning District 4 (Prospect) Land Use By-law Page 110 PART 34: RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14) 34.1 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 Museums, interpretive centres, and buildings associated with park development and maintenance Uses accessory to the foregoing uses 34.2 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 Planning District 4 (Prospect) Land Use By-law Page 111 PART 34A: WC (WESTERN COMMON) ZONE 34A(1) WC USES PERMITTED No development permit shall be issued in any WC (Western Common) Zone except for the following: Conservation related uses Trails, picnic areas and wilderness campsites Public and private parks and playgrounds Recreation uses with the exception of golf courses Historic sites and monuments Churches and cemeteries 34A(2) WC ZONE REQUIREMENTS In any WC Zone, no development permit shall be issued except in conformity with the following: (a) Minimum Lot Area 100,000 square feet (9,289 m2) (b) Minimum building setback from any lot line 30 feet (9.1 m) (c) Maximum Lot Coverage 35 percent Deleted (RC-Jun 27/06;E-Aug 26/06) (d) Maximum Height of Main Building 35 feet (10.7 m) (e) No buildings, structures or parking areas shall be located within 300 feet (91.4 m) of the rim of any watercourse or waterbody except for buildings or structures intended for conservation related uses, wilderness campsites or non-motorized water related recreation uses. 34A(3) Deleted (RC-Jun 27/06;E-Aug 26/06) Planning District 4 (Prospect) Land Use By-law Page 112 PART 35: CR-1 (COMMERCIAL RECREATION 1) ZONE 35.1 CR-1 USES PERMITTED No development permit shall be issued in any CR-1 (Commercial Recreation 1) Zone except for the following: Golf courses and miniature golf courses Tennis clubs Lawn bowling clubs Uses accessory to the foregoing. 35.2 CR-1 (ZONE REQUIREMENTS) In any CR-1 Zone, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 30 feet (9.1 m) Planning District 4 (Prospect) Land Use By-law Page 113 PART 36: CR-2 (COMMERCIAL RECREATION 2) ZONE 36.1 CR-2 USES PERMITTED No development permit shall be issued in any CR-2 (Commercial Recreation 2) Zone except for the following: Exhibition parks Animal or vehicle racing tracks Rifle ranges Amusement parks Drive-in theatres Bowling allies Uses accessory to the foregoing 36.2 CR-2 (ZONE REQUIREMENTS) In any CR-2 Zone, no development permit shall be issued except in conformity with the following: Minimum Lot Area 20,000 square feet (1858.1 m2) Minimum Frontage 100 feet (30.5 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 30 feet (9.1 m) Planning District 4 (Prospect) Land Use By-law Page 114 PART 37: I (ISLANDS) ZONE 37.1 I USES PERMITTED No development permit shall be issued to any I (Islands) Zone except 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) Aids to marine navigation All existing uses 37.2 I (ZONE REQUIREMENTS) In any I Zone, no development permit shall be issued except in conformity with the following: Minimum Lot Area 130,680 square feet (12 140 m2) Minimum Frontage 250 feet (23.2 m) Minimum Front or Flankage Yard 30 feet (9.1 m) Minimum Rear Yard or Side Yard 50 feet (15.2 m) Planning District 4 (Prospect) Land Use By-law Page 115 PART 38: CDD (COMPREHENSIVE DEVELOPMENT DISTRICT) 38.1 CDD USES PERMITTED No development permit shall be issued in any CDD (Comprehensive Development District) except for low density residential uses or local commercial uses and community facilities in association with residential uses, which comprise a comprehensive development of ten (10) or more acres (4.1 ha). General commercial uses and industrial uses are specifically prohibited within any CDD. 38.2 CDD REQUIREMENTS In any CDD (Comprehensive Development District) no development permit shall be issued except in accordance with the development agreement provisions of the Planning Act. Planning District 4 (Prospect) Land Use By-law Page 116 PART 39: CD-1 (C&D MATERIALS TRANSFER STATIONS) ZONE 39.1 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 39.2 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) 39.3 OTHER REQUIREMENTS: C&D Materials Transfer Stations No development permit shall be issued for a C&D Materials Transfer Station except in compliance with the following provisions: (a) any building or structure shall meet the following separation distances: (i) from any property line 30 metres (98.4 feet) (ii) from the nearest residential dwelling or institutional use 60 metres (196.9 feet) (iii) from a watercourse 30 metres (98.4 feet) (b) notwithstanding Section 39.3(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 39.3(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). Planning District 4 (Prospect) Land Use By-law Page 117 39.4 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 39.4(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; 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 (RA-1, R-A-2, RA-3, RA-4, RB-1, RB-2, RB-3, and RB- 4) or community use (P-2, P-3, P-4, P-5, P-6, and WC); and (d) no portion of the operation shall be located within a 1:100 year floodplain. 39.5 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 adjacent uses or streets and screening can be in the form of fencing, berms, vegetation, or a combination of elements; Planning District 4 (Prospect) Land Use By-law Page 118 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. Planning District 4 (Prospect) Land Use By-law Page 119 PART 40: CD-2 (C&D MATERIALS PROCESSING FACILITIES) ZONE 40.1 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 40.2 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 ervices 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) 40.3 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. 40.4 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) (b) notwithstanding Section 40.4(a), where a building or structure is not to be located within 250 metres of a residential or institutional use or building, the Planning District 4 (Prospect) Land Use By-law Page 120 building setback from any property line may be reduced to 10 metres (32.8 feet). (c) notwithstanding Section 40.4(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). 40.5 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 39.4. (b) notwithstanding Sections 40.2 to 40.4, 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. 40.6 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 39.5. Planning District 4 (Prospect) Land Use By-law Page 121 PART 41: CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE 41.1 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 41.2 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 square feet) 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) 41.3 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. 41.4 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 institutional use 90 metres (295.3 feet) (iii) from a watercourse 60 metres (196.8 feet) Planning District 4 (Prospect) Land Use By-law Page 122 41.5 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 39.4. (b) Notwithstanding Sections 41.2 to 41.4, 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. 41.6 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 39.5". Planning District 4 (Prospect) Land Use By-law Page 123 PART 42: ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE 42.1 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 42.2 ICH ZONE REQUIREMENTS In any ICH Zone, no development permit shall be issued except in conformity with the requirements of the RA-1 Zone." RC-Jul 2/02;E-Aug 17/02) Planning District 4 (Prospect) Land Use By-law Page 124 APPENDIX A: NON-CONFORMING USES NON-CONFORMING USE 90 (1) Subject to this Act, a non-conforming structure or a non-conforming use of land or a structure, existing at the date of the first publication of the notice of intention to adopt a land use by-law or amend or revise a land use by-law, may continue to exist. EXISTING USE (2) For the purposes of subsection (1), a non-conforming structure or a non-conforming use of land or a structure shall be deemed to be existing if (a) the non-conforming structure, or structure containing the non-conforming use, was lawfully under construction; or (b) the permit for its construction or use was in force and effect, except that this clause shall not apply unless the construction or use is commenced within twelve months after the date of the issuance of the permit and is completed in conformity with the permit within a reasonable time. CANCELLATION OF PERMIT 91 (1) A council may cancel any permit issued by the municipality in the circumstances of clause (b) of subsection (2) of Section 90, where the construction or use has not been commenced, and shall pay to the person on whose behalf the permit was obtained such reasonable expenses for the preparation of plans and promotion of the development as may be agreed upon by the parties. ARBITRATION (2) In the event the parties are unable to agree upon the amount to be paid, the person on whose behalf the permit was obtained may, by written notice, require that the municipality submit the claim to arbitration. ARBITRATOR (3) The arbitration shall be by one arbitrator appointed by the parties, or appointed by the Minister if they are unable to agree. RESTRICTION ON NON-CONFORMING USE 92 (1) No increase in volume of or any addition to a structure shall, except as required by an enactment, be made while a non-conforming use therein is continued, but such use may be extended throughout the structure. Planning District 4 (Prospect) Land Use By-law Page 125 APPENDIX "A" - ii - NO EXTENSION OF NON-CONFORMING USE (2) For greater certainty, no extension of a non-conforming use not contained within a structure shall be made beyond the limits that the use occupies. CHANGE IN USE (3) A non-conforming use shall not be changed to any other use unless the use is permitted for that property by the land use by-law. CHANGE OF OCCUPANT (4) A change of tenant, occupant or owner of any land or structure shall not of itself be deemed to affect the use or structure for the purposes of this Section. REPAIR OR MAINTENANCE (5) Subject to Section 93, this Act does not preclude the repair or maintenance of a structure. DESTRUCTION OR DAMAGE 93 (1) If a non-conforming structure or a structure containing a non-conforming use is destroyed or damaged by fire or otherwise (a) to an extent of less then seventy-five per cent of the market value of the structure, it may be rebuilt, repaired or reoccupied if the structure is substantially the same as it was before the destruction or damage and it is used for the same non-conforming use; or (b) to an extent of seventy-five per cent or more of the market value of the structure, it shall not be rebuilt, repaired or reoccupied except in conformity with the requirements of the land use by-law applicable to the property. DISCONTINUANCE (2) A non-conforming use of land or a structure shall not be recommenced if it has been discontinued for a continuous period of six months, and in such event the land or structure shall not thereafter be used except in conformity with the requirements of the land use by-law applicable to the property. VARIATION IN SECTION 92 OR 93 RESTRICTIONS 94 (1) A municipal planning strategy may provide for the variation of the provisions of Section 92 or 93, but no variation shall increase the restrictions in Sections 92 and 93. Planning District 4 (Prospect) Land Use By-law Page 126 APPENDIX "A" - iii - POLICIES (2) The policies adopted pursuant to subsection (1) may provide for: (a) the extension enlargement or alteration of non-conforming structures or structures containing non-conforming uses; (b) the extension of a non-conforming use of land; (c) the rebuilding of a non-conforming structure, or structures containing a non- conforming use, after destruction; (d) the recommencement of a non-conforming use of land or a structure after it has been discontinued for a continuous period in excess of six months. (e) the change in use on a non-conforming structure to another use in the non- conforming structure, or of a non-conforming use of land or a structure to another non-conforming use. IMPLEMENTATION (3) The policies adopted pursuant to this Section may be carried out through the land use by-law, or by development agreement, and where the council has provided for the latter, Sections 73 to 80 apply mutatis mutandis to any agreement entered into pursuant to this Section. R.S., c.346, s.1. Planning District 4 (Prospect) Land Use By-law Page 127 Schedule F: Areas of Elevated Archaeological Potential (RC-Jun 25/14;E-Oct 18/14) Planning District 4 (Prospect) Land Use By-law Page 128 Schedule G: Wetlands (RC-Jun 25/14;E-Oct 18/14) Planning District 4 (Prospect) Land Use By-law Page 129 Schedule H: Wind Energy Zoning (RC-Jun 25/14;E-Oct 18/14) Planning District 4 (Prospect) Land Use By-law Page 130 LAND USE BY-LAW PLAN AMENDMENTS IN CHRONOLOGICAL ORDER OF MINISTERIAL APPROVAL Amendment Council Effective Number Policies/Maps Subject Adoption Date 1. Part 4: 4.11, (amended) Accessory Uses Jun 26/95 Jul 22/95 2. Part 2: 2.80 (deleted); Senior Citizens Housing Aug 23/95 Sept 18/95 Part 4: 4.5 (amended) (Case ZA-PD4-19-95) 3. Part 2: 2.55A (addition) Marine Service Sept 27/95 Oct 21/95 Part 26: C-2 Uses (addition) (Case ZA-PD4-13-95) 4. Part 2: 2.1, 2.2 (amended); Composting Operations Feb 26/96 Mar 28/96 Part 2: 2.1A (addition); Part 4: 4.29 (addition); (Case ZA-ALL-31-95) Part 20: MU-1; Part 21: MU-2; Part 27: I-1 Uses; Part 29: 29.1 (addition) 5. Part 3: 3.11 (amended) Western Common July 4/00 Aug 5/00 Part 4: 4.19 (amended) Master Plan Part 34A policies 34A(1), 34A(2), 34A(3) (addition) (Project 00112) Zoning Schedules (amended) 6. Part 3, Section 3.16(h) (amended) Terence Bay May 22/01 Jun 23/01 (Case 00208) 7. Infrastructure Charge Zone (addition) Capital Cost Cont. July 2/02 Aug 17/02 Part 42: ICH Zone (addition) (Case 00423) 8. Part 2: 2.18B, 2.18C, 2.18D & 2.18E (addition); Construction & Sept 10/02 Nov 9/02 Part 2: 2.89A (addition); Part 2: 2.74 & 2.79 Demolition amended); Part 3: Section 3.11 (amended); (Project 00082) Part 4: Section 4.19(c) (addition); Part 39 - Part 41 (Addition); Map 1 Existing C&D Facility (amended) 9. Part 2: 2.14A (addition); Part 4: 4.5(c) (addition) Cemeteries Nov 24/03 Dec 16/03 (Case 00499) 10. Part 3: 3.3A (addition) Interim Growth April 13/04 April 22/04 (Case 00664) 11. Part 4: 4.30 (Addition) Tourist Accommodations June 7/04 June 27/04 (Case 00616) 12. Part 4: (a)(iii) Subsection (3) addition; Accessory Buildings Sept 27/04 Oct 17/04 Part (a)(v) replaced; Subsection (vi) addition; (Case 00694) Subsection(a)(viii) addition 13. Part 2: 2.9 (deletion); Part 2: 2.72A (addition); Shipping Containers Nov 22/04 Dec 12/04 Part 4: 4.13A (addition) (Case 00679) 14. Replacing Parts 32 & 34 with new zones: adding Schedules F and G; new definitions for conservation use and recreation use and watercourse; provisions for development agreements on lands designated Rural Commuter, new provisions for watercourse setbacks and buffers and Costal areas. Regional Planning June 27/06 Aug 26/06 15. Revisions to deal with temporary signage Project 00327 Sept 26/06 Nov 18/06 16. Amending Section 4.27 (Parking requirements) Case # 01119 Aug 5/08 Aug 23/08 By deleting and replacing 17. Amending Section 1.14 (Temporary Construction Case #01058 Jan. 20/09 Feb. 7/09 Uses Permitted). Case #01177 Feb. 23/09 Mar 14/09 18. Amended zoning map to rezone 862 Prospect Road (PID00568113) from RB-1 to C-2 Zone Planning District 4 (Prospect) Land Use By-law Page 131 19 Amending Section 2.23 Case#01074 Mar. 3/09 Mar. 21/09 (Re: Day Care Facility) 20 Zoning Map RE: 1568 Prospect Rd (RB-1 to C-2) Case # 01272 WRCC-Oct 26/09 Nov 16, 09 21 Zoning Map - rear portions of 23, 27, 31, 35 and 39 WRCC - Prospect River Court, Hatchet Lake - from P-3 to RA-1 Case #15850 Mar 22/10 Apr 10/10 22 Zoning Map - portions of 287, 305 and 315 Sandy Cove Road, and those portions of PID# 40874141 and 00480251, WRCC - which are currently zoned P-3 to the MU-1 Zone Case #01318 Mar 2/10 Apr 26/10 23 Amend Zoning Maps to include subject lands, Drysdale Bog, Goodwood, in the PD 4 Plan Area and apply RB-1 (Residential B-1) Zone to said lands; Amend Schedule F, Areas of Archaeological Potential, to include subject lands in PD 4 Plan Area; Amend Schedule G, Wetlands, to include subject land sin PD 4 Plan Area. Case #01213 Aug 9/11 Oct 8/11 24. Deleted the word "windmills" in Section 4.18; Added Section 4.32 Wind Energy Facilities in Part 4: General Provisions for All Zones; Add Schedule H - Wind Energy Zoning Map. Project No. 00953 Aug 16/11 Oct 29/11 25. Amend Part 4, Section 32 IV by adding b) and c) after a): Wind Energy Facilities. Project No. 00953 Oct 18/11 Oct 29/11 26. Amend Zoning Map to rezone a portion of Mills Drive, Goodwood, from I-1 to CD-2 Zone. Case No. 17755 July 23/12 Aug 11/12 27. Amended the zoning map to rezone lands on Schedule A Case No. 17869 WCC-Jan7/13 Jan 26/13 28. Amend Schedule A - 16 Mills Drive, Goodwood Case 17413 Jun 10/14 Jul 26/14 29. Repeal/Readopt Section 2.18AA, 2.73, 2.91; parts of 3.3B, 3.11, 4.19, 4.19A, 4.31, 4.32, 4.33; Part 32; Part 34; Zoning Schedules A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4, C-1, C-2, C-3, C-4, D-1, D-2, D-3, D-4, E-2, E-3, F, G, H; Add Section 2.14a, 2.90A; 4.34; Amend Section 3.16; 4.19, 4.19A; Schedules A-2, A-3, A-4, B-1, B-2, B-3, C-1, C-2, C-3, F, G, H. RP+5 Jun 25/14 Oct 18/14 30. Amend Section 4.5(a) - Reduced Frontage or Area Case 19413 Sep 8/15 Nov 7/15 31. Add Section 4.5(d) - Reduced Frontage or Area 25 Acre Lots Jan 10/17 Feb 25/17 32. Amend Zoning Map to rezone PID 41420837, Powers Road, Whites Lake, from RA-3 to RA-4 Zone. Case 21419 Jul 10/18 Jul 28/18 33. Add and amend several sections to add Cannabis related Uses Case 21331 Sep 18/18 Nov 3/18 34. Amend Section 10.1: Other Uses; Add Section 10.9 - Other Requirements: Denominational Uses at 797 Prospect Road, Goodwood Case 21379 Feb 26/19 Apr 20/19 35. Amend Zoning Map by rezoning PID 41420860 from RA-3 to RA-4 Zone Case 22382 Nov 13/19 Nov 30/19 36. Amend Zoning Map by rezoning 1686 Prospect Bay Road (Lot 1RC); 1688 Prospect Bay Road (Lot 2RC); and, PID 41461807 (Lot 4RC), Prospect from P-2 to RRB-1 Zone Case 22640 Jul 28/20 Aug 15/20 37. Add Part 2, Section 2.87A - Backyard and Secondary Suite; Part 4, Section 4.12B - Secondary Suites and Backyard Suites; Amend Part 4, Section 4.2 - One Dwelling on a Lot; Part 4, Section 4.19A - Coastal Areas Case 21162 - Secondary / Backyard Suites Sep 1/20 Nov 7/20. 38. Amend Part 4, Section 4,12B by amending the title of the Spelling for Backyard; Amend Part 4, Section 4.19A by deleting 'es" from "does" Case 23274 - Household Apr 13/21 May 1/21 Amendments/ Secondary backyard suites Planning District 4 (Prospect) Land Use By-law Page 132 39 Amended Part 2, Part 3 and Part 4 to include Accessory Hen Use Case 22227 - Accessory Hens Oct 5/21 Jan 8/22 40 Amended Schedule A, Zoning Map, by rezoning 4510 Prospect Bay Road, Bayside from I-3 to RRE-1 Zone. Case 24241 Aug 30/22 Sep 14/22 41 Amended Part 2, Definitions, renumbered 2.83A to 2.83C; Part 3, Administration, Section 3.16; Part 4, General Provision for All Zones, Section 4.25, 4.33 I(a); Part 6, RA-1 Zone, Section 6.1; Part 7, RA-2 Zone, Section 7.1; Part 8, RA-3 Zone, Section 8.1; Part 9, RA-4 Zone, Section 9.1; Part 10, RB-1 Zone, Section 10.1; Part 11, RB-2 Zone, Section 11.1; Part 12, RB-3 Zone, Section 12.1; Part 13, RB-4 Zone, Section 13.1; Part 14, RRA-1 Zone, Section 14.1; Part 15, RRB-1 Zone, Section 15.1; Part 16, RRB-2 Zone, Section 16.1; Part 17, RRC-1 Zone, Section 17.1; Part 18, RRD-1 Zone, Section 18.1, 18.9; Part 19, RRE-1 Zone, Section 19.1; Part 20, MU-1 Zone, Section 20.1; Part 21, MU-2 Zone, Section 21.1; Part 26, C-2 Zone, Section 26.1; Part 28, I-3 Zone, Section 28.1; Part 29, RE Zone, Section 29.1; Part 30, P-2 Zone, Section 30.1; Part 37, I Zone, Section 37.1; Part 42, ICH Zone, Section 42.1. Deleted Part 2, Definitions, 2.80 - Senior Citizens Housing. Added Part 2, Definitions, 2.83A - Shared Housing Use, Case RP16-16 2.83B - Shared Housing With Special Care (Shared Housing) Aug 9/22 Sep 15/22 42 Amended Clause 2.25(c); Subclause 3.16(j)(i); Section 4.12A(a); Section 4.34; Section 18.1; Section 21.1 Repealed Section 4.12A(c) Case 22257 Added Section 3.18 (Regional Plan-Phase 3) Oct 11/22 Nov 16/22 43 Amended Zoning Map to rezone PID 40064875 from P-2 to RRE-1 Zone Case 24239 Jan 10/23 Feb 3/23 44 Amended Part 4, Section 4.25; Part 10, Section 10.1; Part 11, Section 11.1; Part 12, Section 12.1; Part 13, Section 13.1; Part 15, Section 15.1; Part 16, Section 16.1; Part 18, Section 18.1; Part 20, Section 20.1; Part 21, Section 21.1; Part 22, Section 22.1; Part 23, Section 23.1; Part 26, Section 26.1 Added Part 2, Section 2.83D, 2.83E; Part 3, Section 3.3(e)(iv), 3.3(e)(v); Part 4, Section 4.36 Case 24526 Deleted Part 2, Section 2.11; Part 15, Section 15.6; Part (Short Term 16, Section 16.6; Part 18, Section 18.5 Rentals) Feb 21/23 Sep 1/23 45 Repealed Part 3, Section 3.10 Case 2023-002 (Public Participation) Jun 20/23 Oct 13/23 46. Amended Part 2, section 2.85; Part 4, section 4.12(a)(iv)(v), MINORREV 2023-01065 4.12B(a)(i)(v), 4.12B(b)(i)(iv)(vi)(viii) (Housing Accelerator Added Part 4, 4.12(c), 4.12B(b)(ix) Fund (HAF) May 23/24 June 13/24 47. Added Part 2, section 2.79A; Part 4, Section 4.28(d) Amended Part 4, Subsection 4.25(a); Part 26, Section 26.1 PLANAPP 2025-00132 NWCC- Commercial Uses Nov 10/25 Nov 26/25 48. Amended Part 2-Section 2.14; Part 3-3.16(i); Par 4-Section MINORREV2025-02922 Dec 11/25 Feb 2/26 4.12, 4.12B(a)(b), 4.15, 4.33(b)(vi) (Minimum Planning Repealed Part 4-Section 4.12A Requirements) Added Part 4-Section 4.12AB, 4.14(ab), 4.37